FIFRA Regulations and Pesticide Registration Quiz

FIFRA (Federal Insecticide, Fungicide, Rodenticide Act)

• FIFRA enacted in 1947
• Pesticides distributed interstate must register with USDA
• Some initial labeling requirements were introduced
• No real regulatory teeth; couldn't stop registration of dangerous chemicals
• Lack of control over off-label use
• Legal action only recourse for misbranding/adulteration

FIFRA Misbranding

• False or misleading statements on the label
• Missing establishment or product registration numbers
• Missing required words, statements, or information
• Inadequate directions for protecting health/environment
• Missing warning/caution statements, or use classifications

FIFRA Adulteration

• https://www.law.cornell.edu/uscode/text/7/136
• Pesticide's strength/purity differs from label claims
• Any substance substituted in whole/part for the pesticide
• Missing valuable constituents

DDT

• Used against polio
• https://www.youtube.com/watch?v=yagO9jn_gMWk
• Rise and fall of DDT: https://www.youtube.com/watch?v=MMSEnIVFBQ0
• DDT and bald eagles impacts https://www.youtube.com/shorts/1HPWFhvynBQ
• Bald eagle nesting pairs in Lower 48 states – all-time low of 417 nests in 1963, 71,400 in 2020 (Source: U.S. Fish and Wildlife Service)

FIFRA under EPA

• 1970: Nixon moved USDA pesticides division to EPA
• 1972 Federal Environmental Pesticide Control Act (FEPCA) overhauled FIFRA
• DDT banned in 1972

Pesticide Registration

• Pesticide – substance to prevent, destroy, repel, or mitigate pest
• Exceptions: firearms, flyswatters, mousetraps
• Pests: insects, rodents, worms, fungi, weeds, plants, viruses, bacteria, microorganisms, and other animal life
• Examples: fungicides, herbicides, insecticides, insect repellent, weed killer, disinfectants, swimming pool chemicals, antimicrobial soap.
• All pesticide products used in the US must register with EPA
• Separate registration for different doses/concentrations, crops, insects, etc.
• Must demonstrate product warrants the proposed claim
• Performs intended function without unreasonable adverse effects
• Proposed labeling complies with requirements

Adverse Effects Reporting

• Section 6(a)(2) of FIFRA: registrants must report additional factual information about unreasonable adverse environment effects
• Similar to reporting under Section 8(c) of the Toxic Substances Control Act (TSCA)
• Manufacturers/processors of chemical substances/mixtures must keep records of significant adverse reactions

Pesticides and EPCRA

• Some pesticides (aldrin, toxaphene) listed as toxic chemicals under Section 313 of EPCRA (part of TCLP tests)
• Covered facilities manufacturing/processing/using these materials above threshold must prepare a Toxic Release Inventory (TRI) report annually (under EPCRA)

Antimicrobial Pesticides

• FIFRA defines antimicrobial pesticide as a pesticide intended to disinfect, sanitize, reduce, or mitigate growth/development of microorganisms; protect inanimate objects; industrial processes/systems; surfaces; water; or chemical substances from contamination/fouling/deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime
• EPA: an "agent that kills microbial growth"

Public Health Antimicrobial Pesticide Products

• Products that claim to control microorganisms threatening human health
• Control of specific pathogens/infectious organisms
• Microbial sterilants, disinfectants, virucides, sanitizers, tuberculocidals for infectious/pathogenic microorganisms
• Fungicides for use against infectious/pathogenic fungi
• Antimicrobial water/microbial purification systems

Non-Public Health Antimicrobial Pesticide Products

• Target organisms not normally causing infection/disease
• Label claim for economically/aesthetically significant microorganisms
• Examples: algeaecides, slimicides, preservatives

Cleaning Products vs Antimicrobial Products

• Cleaning removes visible organic/inorganic materials (water, mechanical action, detergents, enzymes)
• Cleaning products don't claim to be pesticides; merely clean or remove material from surfaces/water/air

Label Claims and Specific Use Conditions

• EPA requires sufficient data in application paperwork to verify label claims: whether antimicrobial is one agent or a group, appropriate application methods
• Labeling prohibits special use claims without efficacy data for the specific use
• Claims must include efficacy against designated test strains using EPA methodologies
• Efficacy is 3-log10 reduction over a certain contact time period

Disinfectants and Contact Time

• https://www.uvm.edu/safety/commonly-used-disinfectants-chart

OSHA vs FIFRA for Labeling

• 1910.1200: OSHA doesn't require labeling for certain chemicals subject to TSC Act or to labeling requirements of other federal acts (Food, Drug, and Cosmetic Act (FDA); Federal Alcohol Administration Act; CPSC)
• FIFRA labeling can differ from OSHA labeling, and thus potentially mislead workers

FIFRA Labeling vs OSHA Labeling

• EPA does not adopt Globally Harmonized System (GHS) classification and labeling for pesticides
• EPA uses caution along with danger/warning words in signaling; OSHA only uses danger/warning
• EPA use skull and crossbones and flame pictograms; OSHA uses health hazard pictogram

Pesticide Disposal

• Pesticide products listed in 40 CFR 261.31 or 261.33 or exhibiting hazardous waste characteristics become hazardous wastes when discarded
• https://web.archive.org/web/20130606152552/https://psep.cce.cornell.edu/facts-slides-self/facts/pesthazard.aspx
• Rinsate should be disposed/reused at application site
• Commercial pesticide product containers can be reused. Some states have programs for this

Food Quality Protection Act (FQPA)

• 1996; replaced Delaney Clause
• Pesticide residue on food unsafe unless EPA sets a tolerance level and the residue is below that level.
• Tolerance established based on risk assessment.
• https://www.epa.gov/laws-regulations/summary-food-quality-protection-act
• https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides
• https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 (180.103)

Factors for Tolerance Establishment

• Aggregate non-occupational exposure from pesticide (diet, home use, drinking water)
• Cumulative effects in human body
• Increased susceptibility in infants, children, and other sensitive subpopulations
• Effects similar to naturally-occurring estrogens/other endocrine disruption effects

Pesticides and the Clean Water Act

• Section 301: pesticide manufacturers/formulators must get discharge permits if they release effluent into any body of water
• Runoff from agricultural application is considered a nonpoint pollution source.

Integrated Pest Management

• Limits pesticide use to only needed applications
• Encourages use of biopesticides like Bacillus thuringiensis

Homework 7

• Pesticide Labels: OSHA Outlines Differences between FIFRA and HazCom
• https://ehsdailyadvisor.blr.com/2019/02/pesticide-labels-osha-outlines-differences-between-fifra-and-hazcom/
• EPA: https://www.epa.gov/sites/production/files/2014-04/documents/pr2012-1.pdf

Pesticide Applicators

• Restricted Use Pesticides: too hazardous for general use but could be used safely by trained personnel under the direct supervision of a certified applicator
• Applicators require specific training and testing
• State-level requirements vary

Agricultural Workers

• 40 CFR Part 170 Worker Protection Standard (not OSHA): Pesticide safety training; notification of pesticide applications; PPE use; restricted entry intervals following pesticide applications; decontamination supplies; emergency medical assistance.

Test your knowledge on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This quiz covers essential aspects such as registration requirements, definitions, and significant changes to pesticide regulations. Learn about the implications of pesticide use and what constitutes misbranding and adulteration.