• TABLE OF CONTENTS
HIDE
 Title Page
 Half Title
 Notice
 Introduction
 The label
 Private users
 Commercial applicators
 Storage and disposal of pesticides...
 Chemigation
 Transportation of hazardous...
 Employee safety in the use...
 Common law rules governing the...






Title: Summary guide to regulation of agricultural pesticides. Florida Coop Extension Service Circ 618.
CITATION PAGE IMAGE ZOOMABLE PAGE TEXT
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00027989/00001
 Material Information
Title: Summary guide to regulation of agricultural pesticides. Florida Coop Extension Service Circ 618.
Series Title: Florida Cooperative Extension Service
Physical Description: Book
Creator: Upchurch, M. L.
Affiliation: University of Florida -- Florida Cooperative Extension Service -- Institute of Food and Agricultural Sciences
Publisher: Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida,
Publication Date: 1985
 Notes
Funding: Florida Historical Agriculture and Rural Life
 Record Information
Bibliographic ID: UF00027989
Volume ID: VID00001
Source Institution: Marston Science Library, George A. Smathers Libraries, University of Florida
Holding Location: Florida Agricultural Experiment Station, Florida Cooperative Extension Service, Florida Department of Agriculture and Consumer Services, and the Engineering and Industrial Experiment Station; Institute for Food and Agricultural Services (IFAS), University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Table of Contents
    Title Page
        Page i
    Half Title
        Page ii
    Notice
        Page iii
    Introduction
        Page 1
        Page 2
    The label
        Page 3
    Private users
        Page 4
    Commercial applicators
        Page 4
    Storage and disposal of pesticides and pesticide containers
        Page 4
        Page 5
    Chemigation
        Page 6
    Transportation of hazardous materials
        Page 7
    Employee safety in the use of pesticides
        Page 8
    Common law rules governing the use of pesticides
        Page 9
        Page 10
        Page 11
Full Text





Circular 618



.. r I -.'i.



M. L. Upchurch
M. T. Olexa
Alan E. McMichael




HUK
HM LIBRARY

JUN ;:I 5
















S i'

A,
', --.--..-.-" -
Florida Cooerative Extension Service Institute of Food and Agricultural Sciences / University of Florida John T. Woeste, Dean
i M I i









Florida Cooperative Extension Service / Institute of Food and Agricultural Sciences / University of Florida / John T.Woeste, Dean



















SUMMARY GUIDE TO REGULATION OF AGRICULTURAL PESTICIDES


















Notice


This document explains the general legal framework of laws regu-

lating the use of pesticides in agriculture. It is not intended as a

definitive statement of federal and state laws nor is it a substitute

for competent legal advice on problems involving the use of pesticides.

The objective of this circular is to inform farmers and others in

agriculture of the legal environment governing pesticides. Emphasis is

on federal laws and regulations because they set the standards and are

applicable nationwide. State and local laws and ordinances may be more

restrictive, so the reader is urged to seek more definitive information

on specific local issues. The local cooperative extension service

office may provide or direct you to such information.

The work on which this circular is based is supported in part by a

grant from the Extension Service, United States Department of Agricul-

ture. Co-principal investigators on the grant project are Professor

James S. Wershow, Agricultural Law, Department of Food and Resource

Economics; and Professor Grover C. Smart, Jr., Nematologist, Department

of Entomology and Nematology.













SUMMARY GUIDE TO REGULATION OF AGRICULTURAL PESTICIDES


M.L. Upchurch, M.T. Olexa, and Alan E. McMichaell


Increasing public concern over the quality of our environment has

prompted government to increase its control over the production, trans-

portation, and use of pesticides in agriculture. Governmental control

of pesticides began with the Insecticide Act of 1910 in which Congress

attempted to protect farmers from adulterated or misbranded products.

Control was broadened by the original Federal Insecticide, Fungicide and

Rodenticide Act (FIFRA) in which Congress charged the Department of

Agriculture with the task of registering all pesticides before they

could be introduced into interstate commerce. An amendment in 1967

authorized the Secretary of Agriculture to refuse registration of or to

remove from the market pesticides that were unsafe or ineffective.

A marked shift in policy from control of pesticides for reasonably

safe.use in agricultural production to control of pesticides for reduc-

ing the risks to man or the environment was created with the establish-

ment of the Environmental Protection Agency (EPA) and the transfer of

the administration of FIFRA to that agency. This shift in policy was

strengthened by the Federal Environmental Pesticide Control Act (FEPCA)

of 1972 which specified methods and standards of control in greater

detail. Subsequent amendments have clarified duties and responsibili-

ties of EPA.




IProfessor and Consultant; Project Director; respectively, Depart-
ment of Food and Resource Economics; student, College of Law; University
of Florida, Gainesville, 32611.









2


Under FIFRA as amended and under related legislation no one may

sell, distribute, offer to sell, hold for sale, ship, deliver for ship-

ment, or use a pesticide unless it is registered by EPA. Registration

includes approval by EPA of the label on which the use and limitations

of the material are specified. It is unlawful to use a pesticide in a

manner inconsistent with its label. EPA must also classify pesticides

as "restricted" or "general use," and only certified applicators may

acquire and use restricted materials. EPA has established rules and

procedures for certifying applicators. Requirements for certification

are more stringent for commercial applicators than for private users.

Should you wish to become certified to use restricted pesticides, con-

sult your local cooperative extension office.

In general all pesticides must be registered by EPA. FIFRA and

related legislation, together with the rules promulgated by EPA, set

forth the requirements for registration. These requirements are quite

complex and need not be elaborated here other than to point out that EPA

will not register a pesticide unless the agency is satisfied that the

use of the pesticide as specified by the label will not cause undue harm

to man or the environment. Pesticides must be reregistered periodi-

cally, and EPA must make the same kind of judgment on a reregistration

that it does on an original registration. EPA may cancel the registra-

tion of a pesticide if information becomes available to show that the

material poses an undue risk to man or the environment.

There are some exceptions to the registration requirement, but

those exceptions do not generally affect the availability or use of a

pesticide in agriculture. An unregistered pesticide may be made avail-









3


able for (1) experimental use under a temporary permit especially if the

experimental use is needed to develop information to support an applica-

tion for registration, and (2) combat of some emergency upon application

by a state agency, usually the state commissioner of agriculture.


The Label


All pesticides must have a label. The label includes instructions

for use, storage and disposal of containers. The label, together with

any literature to which it refers, has the force of law. It is unlawful

to detach, alter, deface or destroy the label.

Also, it is unlawful ". .. to use any registered pesticide in a

manner inconsistent with its labeling." The word "inconsistent" needs

some explanation. A pesticide may be used according to the instructions

on the label and also:

at a dosage, concentration or frequency less than that specified

on the label.

against a target pest not specified on the label as long as the

application to the crop, animal or site is permitted by the

label.

to employ any method of application not prohibited by the label.

to mix a pesticide with fertilizer when the mixture is not pro-

hibited.

A pesticide label contains brief instructions for proper storage

and disposal of containers. Storage and disposal will be discussed

later in this circular.









4


Private Users


A private user is one who applies a pesticide on his own property

in the course of his own business or one who supervises a use by his own

employees. Also a private user may apply a pesticide for his neighbor

in return for a "trade work" service by the neighbor, but not for hire.

A private user is not required to keep records on delivery, movement or

storage of pesticides.


Commercial Applicators


A commercial applicator of pesticides is one who applies pesticides

for others for a fee. Commercial applicators may be required to keep

records of delivery, movement, or holding of pesticides or pesticide

devices. Under specific conditions, EPA or designated state officials

must be given access to such records and to the premises of commercial

applicators. Also penalties for label violations are more severe for

commercial applicators than for private users.


Storage and Disposal of Pesticides and Pesticide Containers


FIFRA provides for regulations covering storage and disposal of

pesticides and containers. Generally, a home owner may dispose of an

empty container of a pesticide registered for home use by wrapping the

container and placing it in the solid waste disposal system. A private

user (a farmer) may dispose of a few empty containers by open field

burial where there is no danger of contamination although some farmers

may have a large enough volume of containers for disposal to come under

the rules for commercial applicators. It is best to follow the instruc-









4


Private Users


A private user is one who applies a pesticide on his own property

in the course of his own business or one who supervises a use by his own

employees. Also a private user may apply a pesticide for his neighbor

in return for a "trade work" service by the neighbor, but not for hire.

A private user is not required to keep records on delivery, movement or

storage of pesticides.


Commercial Applicators


A commercial applicator of pesticides is one who applies pesticides

for others for a fee. Commercial applicators may be required to keep

records of delivery, movement, or holding of pesticides or pesticide

devices. Under specific conditions, EPA or designated state officials

must be given access to such records and to the premises of commercial

applicators. Also penalties for label violations are more severe for

commercial applicators than for private users.


Storage and Disposal of Pesticides and Pesticide Containers


FIFRA provides for regulations covering storage and disposal of

pesticides and containers. Generally, a home owner may dispose of an

empty container of a pesticide registered for home use by wrapping the

container and placing it in the solid waste disposal system. A private

user (a farmer) may dispose of a few empty containers by open field

burial where there is no danger of contamination although some farmers

may have a large enough volume of containers for disposal to come under

the rules for commercial applicators. It is best to follow the instruc-









4


Private Users


A private user is one who applies a pesticide on his own property

in the course of his own business or one who supervises a use by his own

employees. Also a private user may apply a pesticide for his neighbor

in return for a "trade work" service by the neighbor, but not for hire.

A private user is not required to keep records on delivery, movement or

storage of pesticides.


Commercial Applicators


A commercial applicator of pesticides is one who applies pesticides

for others for a fee. Commercial applicators may be required to keep

records of delivery, movement, or holding of pesticides or pesticide

devices. Under specific conditions, EPA or designated state officials

must be given access to such records and to the premises of commercial

applicators. Also penalties for label violations are more severe for

commercial applicators than for private users.


Storage and Disposal of Pesticides and Pesticide Containers


FIFRA provides for regulations covering storage and disposal of

pesticides and containers. Generally, a home owner may dispose of an

empty container of a pesticide registered for home use by wrapping the

container and placing it in the solid waste disposal system. A private

user (a farmer) may dispose of a few empty containers by open field

burial where there is no danger of contamination although some farmers

may have a large enough volume of containers for disposal to come under

the rules for commercial applicators. It is best to follow the instruc-








5


tions on the label, which have the force of law, and to be familiar with

the guidelines issued by EPA for disposal.

In addition to the provisions of FIFRA and the rules promulgated

thereunder, disposal of pesticides and containers may be subject to

control under provisions of the Resource Conservation and Recovery Act

(RCRA) which, among other things, deals with disposal of hazardous

wastes. RCRA exempts home owners and .probably most farmers from its

provisions because they produce such small quantities of hazardous

wastes, including empty pesticide containers.

Most pesticides, containers, and residues are defined by law as

hazardous wastes. Pesticide containers, inner liners, and any residues

are subject to hazardous waste regulations unless the containers or

liners are empty. A container or liner is empty if:

It has been triple rinsed with a solvent capable of removing the

toxic ingredient or of changing it chemically to a harmless

material.

It is cleaned by another method equally effective.

A liner that completely protected the container has been removed.

Once emptied, a container or liner is no longer a hazardous waste

under .the law. Improper disposal is subject to civil and criminal

penalties as well as citizen suits. Penalties vary with the seriousness

of the offense.

A farmer as a "small" generator of hazardous waste may not come

under the provisions of RCRA but still must comply with the provisions

of FIFRA. As defined, small is less than one kilogram (2.2 pounds) of

waste material per month or less than 100 kilograms (220 pounds) of

residue or contaminated debris resulting from the clean up of a spill.









6


Commercial applicators of pesticides, and probably the larger

farmers as private applicators, are not exempt under the "small" defini-

tion by RCRA. Any person who generates or transports hazardous waste,

or who owns or operates a facility for the treatment, storage, or dis-

posal of hazardous waste, must notify EPA of the identity of the mate-

rial involved. Transporting, storing, or disposing of hazardous waste

without filing this notice subjects the operator to civil and criminal

penalties.

Also, anyone owning or operating a facility for treatment, storage,

or disposal of hazardous waste must have a permit from EPA. He must

keep records as specified in the Code of Federal Regulations and permit

proper EPA or state officials to make inspections.

In addition to the provisions of FIFRA and RCRA, generators of

hazardous wastes may be subject to the provisions of the Clean Water Act

and the Clean Air Act. The Clean Water Act forbids dumping pollutants

into navigable water (or maybe even a tributary of navigable water)

while the Clean Air Act forbids releasing pollutants into the

.atmosphere.


Chemigation


"Chemigation" is the application of agricultural chemicals, includ-

ing pesticides, through an irrigation system. If the system is not

carefully designed and operated, chemigation can result in serious

contamination of groundwater or other water source. Legal consequences

of significant magnitude could result.









7


Back-flow preventors can be installed in the irrigation system and

some pesticide labels specify that such safety equipment be installed

before applying the pesticide through the system. Although federal law

has not specifically mandated the use of these safety devices, and few

states have adequate laws, if any, requiring their installation, agri-

culturalists should consult state laws and local ordinances before

applying agricultural chemicals through an irrigation system. Some

pesticide manufacturers have specified back-flow prevention devices on

the labels of their product. When this specification appears, it has

the force of law. Farmers seeking information on the installation and

maintenance of back-flow preventors should contact their local extension

agent.

Additional safeguards for chemigation may include: (1) Obtain and

maintain "certified applicator" status; (2) Get prechemigation water

samples from the water source and locations near the source analyzed;

(3) Guard against off-site contamination from runoff water; (4) Assure

that application rates and schedules comply with the label; and (5)

Possible acquisition of workmen's compensation and other liability

insurance.


Transportation of Hazardous Materials


The Transportation Safety Act of 1974 gives the United States

Department of Transportation authority to regulate the movement of all

hazardous materials in all modes of transportation. Most, if not all,

pesticides are considered hazardous materials under this act. Regula-

tions are aimed primarily at "commercial" haulers and cover such topics








8


as containers, packaging, shipping papers, labeling, placards, handling,

and storage in transit. Commercial applicators of pesticides who haul

materials from their suppliers to their place of business, whether in

their own or hired vehicles, are subject to the provisions of this act.

The Act and the regulations promulgated under it are unclear as to

whether they apply to a farmer who hauls pesticides in small quantities

in his own vehicle and for his own use. Whether or not the act applies

to the individual farmer may be irrelevant if the farmer's vehicle is

involved in an accident that permits harmful materials to escape and do

damage to others. In such a case, the farmer may be subject at least to

a suit for damages.


Employee Safety in the Use of Pesticides


Any employer has both a common law and statutory law responsibility

to protect his employees from "unreasonable" risks and harm. Any pesti-

cide labeling instructions or EPA regulations concerning applicator

safety must be followed. Additionally, the general statute in the area

of employee safety is the Occupational Safety and Health Act (OSHA).

Very little of OSHA regulations apply specifically to agriculture, and

those that do deal mainly with labor camps, storage and handling of

anhydrous ammonia, pulpwood logging, slow-moving vehicles, and protec-

tive devices on tractors and other machinery. Despite lack of specific

pesticide regulations under OSHA, the Act does require the employer to

protect employees from unreasonable risk. Thus, failure to train farm

hands in safe handling of toxic pesticides may be in violation of OSHA

as well as violation of FIFRA.








9


One general question in the area of employee safety deals with re-

entry into sites after application of toxic materials. EPA has estab-

lished regulations governing worker protection. OSHA provides no appli-

cable standards. An employer may reduce risk by simply delaying re-

entry until the hazard is reduced or abated. In general, an employer

should be guided by the "prudent person" rule recognized in both statu-

tory and common law, labeling instructions, and the EPA worker protec-

tion standards published in the Code of Federal Regulations.

The child labor provisions of the Fair Labor Standards Act

explicitly prohibit use of child labor in fields where toxic materials

have been sprayed until the risk of harm is abated.


Common Law Rules Governing the Use of Pesticides


In addition to all the state and federal statutes and regulations

governing the use of pesticides, farmers and commercial pesticide appli-

cators may be held liable for improper use of pesticides under common

law. For centuries, Anglo-American law has held that you have the right

to enjoy the use of your property without undue interference from your

neighbors. This common law right has been reaffirmed by court actions

throughout our history and is not based on specific acts of legislators

or the Congress. However, statutes in the various states define and

limit common law rights so this discussion is necessarily general.

Under common law, you may protect your property from trespass by

another. Trespass includes the drift of a pesticide from your property

to that of your neighbor. If your pesticide drifts onto a neighbor's

property and causes damage, he has cause for a suit and recovery of








10


damages. If the drift is enhanced by your negligence, his case against

you is strengthened. Any act or omission that creates an unreasonable

risk of harm to another constitutes negligence.

Under some circumstances, use of pesticides may constitute a nui-

sance, even when no trespass can be established. Spraying an orchard

may create a public nuisance, if, for example, the odor drifts over an

adjoining urban community. In such a case, only a public official or a

class action suit may seek an injunction against continued spraying. Or

the spraying may constitute a private nuisance where only a neighbor may

feel an invasion of his enjoyment of his land. Here he may seek an

injunction against further spraying and perhaps seek damages as well.

Under common law strict liability is imposed on any activity known

to be abnormally dangerous. In some states, use of pesticides is sub-

ject -to the strict liability rule. Improper storage and disposal of

containers of toxic materials that causes damage to others likely would

be considered under the strict liability rule. Under this rule, the

person causing the act is responsible for all damages whether or not

negligence was involved.



























































i

















This public document v a; promn-ulijied at a cosr of $870.02. or 15.8 cents per copy, to provide informdlnjl n about
regulation of agricultural pe-;icids.. 08 5.5M8-1

COOPERATIVE EXTENSION SERVICE, UNIVERSITY OF FLORIDA, INSTITUTE OF FOOD AND AGRICULTURAL
SCIENCES. K. R. Tefertiller, director. in cooaraLion tiIlh the United States DeDartmern of Agriculture, pulli'ses this .nlor-
matlon to further tne Durpo:e of ine f.ay 8 and June 3i. 1 I' Acts of Congrei' :and I authorized to rovlde. re'.-arch, educa IFA.
tional Information ane other arvi.ces only o1 inai.iauals and Intlututions inat function v.ilnout regard to race, color. sex o'
national origirn S.ngie coOies of Extension ouraiicallons (excluoang 4a -1 ana Vouin oubll:ations) are a.aiaDia free to Floriaa
residents from Counly Exteniion Offices. Information on bulk rales or copies for out-of-stale Durcnierr is ai.ailaoile Iron,
C. M. Hinlon. Publications Di:lriDullon Center. IFAS Builaing 664, University of Floriaa. Gaines,ille, Flor aja 3 61 I Before roucl.: ,: ng this
PDu location, editors .houla contact this address to determine aailability.


..... .... ... -.. ---. ._ .




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs