The U.S. Environmental Protection Agency (EPA) defines “pesticides” as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.

Though often misunderstood as referring only to insecticides, the term pesticides also refers to herbicides, fungicides, and various other substances used to control pests.

The definition of pesticides is quite broad, but it does exclude: 

  • Drugs regulated by the Food and Drug Administration (FDA) that are used to control diseases of humans or animals
  • Fertilizers, nutrients, and other substances used to promote plant survival and health that are intended for use against pests and that do not contain a pesticide
  • A product intended to force bees from hives for collection of honey crops
  • Biological control agents, except for certain microorganisms, that include beneficial predators such as birds or ladybugs that eat insect pests
  • Products that contain certain low-risk ingredients, such as garlic and mint oil, and that are exempt from federal registration requirements, although state regulatory requirements may still apply

How EPA Regulates Pesticides

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is the major statute that regulates the registration, sale, labeling, and use of pesticides. However, other environmental laws regulate pesticide use, as follows:

  • The Clean Air Act (CAA) regulates hazardous air pollutants associated with pesticides.
  • The Clean Water Act (CWA) and Safe Drinking Water Act provide for the limitation of pesticides in water resources.
  • The Resource Conservation and Recovery Act (RCRA) regulates the disposal and storage of pesticides that are hazardous waste.

From design to disposal, numerous federal agencies regulate pesticides. EPA, through its various offices, plays the greatest role in overseeing the manufacture, distribution, transportation, and disposal of pesticides.

Other federal and state agencies also have a hand in carrying out federal mandates. The FDA inspects agricultural commodities for pesticide residues and pesticide products that meet the statutory definition of a drug. The U.S. Department of Transportation (DOT) regulates the transporting of pesticides, and the Occupational Safety and Health Administration (OSHA) sets worker protection standards along with EPA. The U.S. Department of Agriculture (USDA) inspects meat and poultry for pesticide residues and collects data with an eye toward assessing food safety and market concerns.

Regulation taps every group that works in and around the field of pesticides. In particular, the following groups are affected:

  • Applicators/workers
  • Dealers
  • Manufacturers
  • Distributors
  • Transporters
  • Trainers

Pesticide regulation also includes facilities using pesticides in their operations, including farms; nurseries; operations that produce plants for wood fiber or timber products; cotton manufacturers; facilities involved with mosquito abatement, upkeep of parks, public lawns; and facilities that deal with the mechanical treatment of cleaning, adjusting, handling, or repairing parts that contain pesticide residues.

State Pesticide Programs

EPA partners with state governments in the regulation of pesticides. State agencies have primary responsibility for regulating the use of pesticides, having entered into cooperative agreements with EPA to receive federal funding in exchange for conducting inspections and training and certifying pesticide workers. EPA maintains an oversight role for these cooperative agreements, but the primary authority for most compliance and enforcement actions regarding the use of pesticides rests with the states.

Pesticide Storage

When storing pesticides in mobile or stationary bulk containers, a copy of the label must be attached to the container near the discharge control valve. Labels must include directions for use.

Regulations under FIFRA prescribe procedures and standards for container design and the removal of pesticides from containers before disposal.

EPA’s standards for pesticide containers and containment include the following five sections:

  • Nonrefillable Containers: This section addresses “one-way,” or disposable, containers and applies to pesticide registrants. The purpose of these standards is to ensure that containers are strong and durable, minimize human exposure during container handling, and facilitate container disposal and recycling.
  • Refillable Containers: This section applies to containers that are intended to be refilled and reused more than once and applies to pesticide registrants. The purpose of these standards is to ensure that containers are strong and durable, minimize cross-contamination of pesticides distributed in refillable containers, and encourage the use of refillable containers to reduce container disposal problems.
  • Repackaging: This section, which describes procedures and other safeguards for repackaging pesticides into refillable containers, applies to pesticide registrants and anyone who refills pesticide containers for sale (registrants, formulators, distributors and dealers). These regulations are intended to minimize cross-contamination of pesticides distributed in refillable containers, codify safe refilling management practices, and encourage the use of refillable containers to reduce container disposal problems.
  • Labeling: The labeling segment includes instructions for how to properly clean pesticide containers and a statement identifying the container as nonrefillable or refillable. Pesticide registrants are required to ensure that labels include the specified information. Pesticide users are required to comply with the instructions on the labels.
  • Containment Structures: This section establishes standards for secondary containment structures at certain bulk storage sites and for containment pads at certain pesticide dispensing operations. Pesticide dealers that repackage pesticides, commercial applicators, and custom blenders must comply with the requirements. The purpose of these standards is to protect the environment from leaks and spills at bulk storage areas and from contamination due to pesticide-dispensing operations.

For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.