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FIFRA Statute, Regulations & Enforcement
- The Statute
- FIFRA Regulations
- FIFRA Enforcement
- Related FIFRA Enforcement Information
- Other Federal Laws and Regulations Relating to Insecticides, Fungicides and Rodenticides
- State Laws and Regulations Relating to Insectivides, Fungicides, and Rodenticides
The Statute
In 1910, Congress enacted the Insecticide Act of 1910. This was one of the early environmetal laws that was intended to protect farmers from adulterated or misbranded pesticide products. Congress subsequently enacted the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) of 1947 that, broadened the federal government's control of pesticides. FIFRA required the Department of Agriculture to register all pesticides prior to their introduction in interstate commerce. A FIFRA amendment of 1964 authorized the Secretary of Agriculture to refuse registration to pesticides that were unsafe or ineffective and to remove them from the market. In 1970, Congress transferred the administration of FIFRA to the newly created Environmental Protection Agency (EPA). This was the initiation of a shift in the focus of federal policy from the control of pesticides for reasonably safe use in agricultural production to control of pesticides for reduction of unreasonable risks to man and the environment. In 1972, Congress enacted the Federal Environmental Pesticide Control Act of 1972 (FEPCA) which amended FIFRA by specifying methods and standards of control in greater detail. Subsequent amendments have clarified the duties and responsibilities of the EPA. In general, there has been a shift toward greater emphasis on minimizing risks associated with toxicity and environmental degradation, and away from pesticide efficacy issues.
Important FIFRA requirements are as follows:
- No one may sell, distribute, or use a pesticide unless it is registered by the EPA or meets a specific exemption as described in the regulations. Registration includes approval by the EPA of the pesticide's label, which must give detailed instructions forits safe use.
- EPA must classify each pesticide as either "general use," "restricted use," or both. "General use" pesticides may be applied by anyone, but "restricted use" pesticides may only be applied by certified applicators or persons working under the direct supervision of a certified applicator. Because there are only limited data for new chemicals, most pesticides are initially classified as restricted use. Applicators are certified by a state if the state operates a certification program approved by the EPA.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1972; 7 U.S.C. s/s 136 et seq. (1972)
FIFRA summary | FIFRA full text |
The Food Quality Protection Act (Amends FIFRA)
FIFRA Regulations
Although there are some provisions of FIFRA which are self-implementing (that is, no regulations are needed), the statute directed EPA to develop regulations for implementation of the FIFRA program. Regulations allow EPA to deal with complex issues in greater detail than is possible in a statute. Regulations, which are also known as rules, are proposed by EPA in the Federal Register for public comment and then, if accepted, promulgated as final or put into effect as part of the regulatory requirements. They are published in the Code of Federal Regulations (C.F.R.) when they are finalized.
FIFRA Regulations (40 C.F.R. Parts 150-189)
FIFRA Enforcement
EPA may issue a civil administrative complaint to any person or company who violates FIFRA. The complaint may impose a civil penalty, including recovery of any economic benefit of non-compliance, and may also require correction of the violation. EPA may also issue a Stop Sale, Use or Removal Order (SSURO) prohibiting the person who owns, controls, or has custody of a violative pesticide or device from selling, using, or removing that product except in accordance with the provisions of the SSURO.
EPA publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions. Past issues of Enforcement Alerts have highlighted such EPCRA enforcement concerns as:
"Aquarium and Pond Chemicals May Require Federal Registration, Labeling as Pesticides (PDF)" (April 1999) EPA 300-N-99-006 (2 pp, 24K)
Complete Listing of Enforcement Alerts
Other Federal Laws and Regulations Concerning Pesticides
Food Quality Protection Act of 1996 (FPQA) (P.L. 104-170)
This Act amends both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). It establishes a more consistent, protective regulatory scheme for pesticides, mandating a single health-based standard for all pesticides in foods, in addition to advancing other protective provisions.
Federal Food, Drug and Cosmetic Act of 1996 (FFDCA)
The FFDCA, among other provisions, regulates the establishment of pesticide tolerances (maximum permissible levels) for pesticide residues in or on commodities for human food and animal feed. EPA and the Food and Drug Administration (FDA) are responsible for administering the Act.
State Laws and Regulations Relating to Pesticides
State laws generally mirror FIFRA and are contained in that state's code of laws and regulations.
EPA's Office of Pesticide Programs (OPP) provides links to the state and territory pesticide regulatory agencies on its web site, and where possible, links to the pages related to local programs.
Regional State and Tribal Activities
In addition, the Association of American Pesticide Control Officials (AAPCO) web site contains information regarding the activities and membership of state pesticide regulatory agencies in the United States.
State Pesticide Regulatory Agencies
You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.
Other Related Information Sources
EPA Office of Pesticide Programs (Comprehensive List of Topics)
EPA Pesticide Registration (PR) Notices
EPA Chemicals Sector Compliance (Pesticides, Agicultural Chemicals, and Fertilizer Industry)
National Agriculture Compliance Assistance Center
National Pesticides Information Center (NPIC) (800) 858-7378
Universal Waste Management (For Banned Agricultural Pesticides)