The National Agricultural Law Center
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Pesticides


Overview

Pesticides are chemical substances used to prevent, destroy, repel, or mitigate undesirable organisms such as weeds or harmful insects. The chemical control of pests has facilitated the industrialization of agriculture and has helped the United States reap a surplus of agricultural products. Used properly, pesticides by definition are inherently toxic to certain organisms. This inherent toxicity requires careful regulation to insure the safety of the public, the food supply, and the environment. The United States Environmental Protection Agency (EPA) is the primary entity charged with regulation of pesticides, although it works in conjunction with state agencies. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) establishes the general system of federal pesticide regulation, and the Federal Food, Drug, and Cosmetic Act (FFDCA) establishes the system to govern pesticides in food and feed. States are generally permitted to enact legislation that restricts pesticide use more than federal law requires. This overview focuses on FIFRA and FFDCA as amended by the Food Quality Protection Act of 1996 (FQPA). Read the full overview

Note: Recently added resources are posted at the top of the applicable sections .

Major Statutes

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-397

Regulations

Pesticide Regulations, 40 C.F.R. §§ 152-180
Federal Register Rules Open for Comment
Center published Federal Register Digest

Case Law

Note: Recently summarized cases are listed and linked in Recent Postings.

Case Law Index for Pesticide Regulation

Administrative Law Decisions

Environmental Appeals Board
FIFRA Decisions (EPA, Environmental Appeals Board)
Administrative Law Judge Decisions - "FIFRA" (EPA)
Regional Judicial Officer Decisions on FIFRA (EPA)

Center Research Publications

Research Articles
Supreme Court Considers Preemption of State Law Claims Under the FIFRA (Pittman, 2005)


Center compiled Federal and State Environmental Law Guides

Congressional Research Service Reports

CRS Subject(s):
Food Safety
Environmental Issues

Reference Resources

USDA
Topic: Pest Management (Economic Research Service - ERS)
Briefing Room: Agricultural Chemicals and Production Technology (ERS)
Pest Management in U.S. Agriculture (ERS, Fernandez-Cornejo and Jans, 1999)
Pesticide Record Keeping (Agricultural Marketing Service - AMS)
Pesticide Data Program (AMS)
Pesticide Management and Coordination (Forest Service)
Pest Management (Cooperative State Research Education and Extension)
Pesticide Research Projects (Agricultural Research Service)
Active Program Notices and Bulletins (Grain Inspection Packers and Stockyards Administration)
Pest Management (Natural Resources Conservation Service)


Congressional Resources
Reports on Pesticides (General Accounting Office)


Other Federal Resources
Pesticides (EPA)
Pesticides (National Agriculture Compliance Assistance Center)
Pesticides and Wildlife (U.S. Fish and Wildlife Service)
Federal Register Pesticide Documents
Pesticides, Metals, Chemical Contaminants, and Natural Toxins (Food and Drug Administration)
Pesticide Illness and Injury Surveillance (National Institute for Occupational Safety and Health, CDC)
National Ag Safety Database (CDC)


Publications
EPA Addresses Conflict Between FIFRA and CWA (IL Pesticide Review, 2003)
International Code of Conduct on the Distribution and Use of Pesticides
        (Food and Agriculture Organization of the United Nations - FAO)
EPA Worker Protection Standards (PA St. Dickinson Ag Law Center, Brucker, 2000)
The Future Role of Pesticides in U.S. Agriculture (National Academies Press, 2000)
Pesticides and Genetic Drift: Alternative Property Rights Scenarios (CHOICES, Conner, 2003)
Pesticides and the Law (Purdue Cooperative Extension Service, 2001)
Pesticides and Property Rights (Property and Environment Research Center, Meiners and Morriss)
Liability for Spraying: Herbicide Drift (MO Ag Law Center)
Pesticide Laws and Regulations (U. MO Columbia, Fishel, 2003)


Additional Resources
Pesticides Database (Pesticide Action Network)
Compendium of Pesticide Common Names
National Pesticide Information Center
Environmental Compliance in Your State
Association of American Pesticide Control Officials
Pesticide Information Profiles (EXTOXNET)
Center for Environmental and Regulatory Information Systems
Pesticide Management (FAO)
Pesticides (World Health Organization)





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