Best practices for nuisance wildlife control operators in New York State

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Ch 3: Federal laws related to wildlife control

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Regulatory agency: Responsibilities are split between the US EPA (federal level) and the state designated lead agency (in NY, that's the DEC).

Applicable to: All pesticides

Read the law:
online—http://www.epa.gov/pesticides/fifra.htm 
print—Title 7, U.S.C. Ch. 6

Sit up straight, because this one is complicated. FIFRA is the federal law that regulates pesticides. (A pesticide is any substance designed to prevent, destroy, repel, or mitigate any pest.) However, in most states, certain provisions of FIFRA are enforced at the state level through state pesticide regulations. We'll talk about those later.

Because of FIFRA:

• All pesticides, as well as each use of that pesticide, must be registered by the US EPA. The EPA must also approve the product label.
   
• The EPA also classifies pesticides as either "general use" or "restricted use." (A "restricted use" pesticide is one that, even if used as directed, might possibly harm people or the environment.)
   
• A restricted use pesticide may only be used by, or under the direct supervision of, a certified applicator.
   
• The amount of pesticide residue allowed on food is described.
   
• There are regulations for storing and disposing of pesticides and their containers.
   
• The EPA provides standards for worker safety and re-entry into a pesticide-treated area.
   
• There are criminal or civil penalties for violations of FIFRA. Big ones. A commercial applicator could be fined up to $25,000 or serve one year in prison, or both. NWCOs using pesticides on the job qualify as commercial applicators.
   
• States may set stricter standards but they can't establish a more permissive one. That means that no state can allow the sale or use of a pesticide that is not permitted by federal law.

Each state has laws governing the sale, use, disposal, storage, and transportation of pesticides. Nearly every state controls the certification of pesticide applicators within its borders (in Colorado and Nebraska, federal programs handle this duty).

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