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Chapter TwoPESTICIDE LAW AND DEFINITIONS
 Table of Contents
Page
STATUTORY AUTHORITY FOR PESTICIDE REGULATION .................. 2-1
FIFRA ................................................................... 2-2
REGULATIONS, POLICIES, AND COMPLIANCE STRATEGIES ................ 2-2
DEFINITIONS ........................................................... 2-3
KEY COMPLIANCE TERMS AND REQUIREMENTS ......................... 2-16
Chapter Two
• Pesticide Law & Definitions •
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PESTICIDE LAW ANDDEFINITIONS
STATUTORY AUTHORITY FOR PESTICIDE REGULATION
Under the Federal Insecticide, Fungicide, and RodenticideAct (FIFRA), as amended, pesticide products must beregistered by the EPA before they may be legally sold ordistributed in any State. EPA provides for two exemptionsfrom this requirement and the Administrator, byregulation under section 25(b) also has exempted anumber of products from the registration requirements.EPA registers pesticides on the basis of data adequate toshow that, when used according to label directions, theywill not cause unreasonable adverse effects on humanhealth or the environment. FIFRA requires the Agency totake into account economic, social, and environmentalcosts and benefits. Since FIFRA was first passed,thousands of pesticide products have been registered.In 1972, Congress amended FIFRA to require the “reregistration” of all existing pesticides to ensure thatpreviously registered pesticides meet current scientific andregulatory standards. In 1988 FIFRA was again amendedto establish a time table for completion of registration by2005, and the requirement for annual maintenance fees foractive pesticide products.
Chapter Two
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FIFRA Inspection Manual, February 2002
FIFRA authorizes the cancellation of registration if apesticide is found to cause unreasonable adverse effects onhuman health or the environment. EPA may also suspendthe use of a pesticide if necessary to prevent an imminenthazard. An emergency suspension takes effectimmediately, but under an ordinary suspension, aregistrant can request a hearing before the suspension goesinto effect to determine whether registrations of thepesticide should be suspended.
FIFRA
FIFRA was first passed in 1947, and has been amendednumerous times, most recently by the Food QualityProtection Act (FQPA) of August 3, 1996. FIFRA providesEPA with the authority to oversee, among other things, theregistration, distribution, sale, and use of pesticides. TheAct applies to all types of pesticides, including insecticides,herbicides, fungicides, rodenticides, antimicrobials, anddevices. FIFRA covers both intrastate and interstatecommerce. For complete text of the Act go tohttp://www.access.gpo.gov/uscode/uscmain.html.
REGULATIONS, POLICIES, AND COMPLIANCE STRATEGIES
The pesticide regulations are codified and found in theCode of Federal Regulations, Title 40, Protection ofEnvironment, Chapter 1, Environmental ProtectionAgency, Parts 150 to 189 (40 CFR, Parts 150-189).The FIFRA Compliance Policies were originally developed by the Office of Compliance Monitoring, which is now theOffice of Compliance/OECA, EPA, HQ. The Office ofCompliance/OECA, EPA, HQ prepares compliancestrategies to monitor industry compliance withsuspension/cancellation orders and major regulatoryactions taken under FIFRA. The Regional offices maintaina complete set of the policies in the FIFRA ComplianceProgram Policy Compendium.
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