Regulatory agency<\/em>: US EPA (federal level); state designated lead agency (in NY, that\u2019s the DEC)<\/p>\n\n\n Applicable to: <\/em>pesticide use (the handling, use, storage, transportation, sale, and disposal of pesticides)<\/strong><\/p>\n\n\n License required:<\/em> pesticide applicator license for the use of restricted-use pesticides, or for the commercial application of pesticides. The commercial pesticide applicator license is broken down into 28 categories and subcategories, each requiring its own certification.<\/p>\n\n\n Read the law: \u00a0<\/strong>online\u2014 https:\/\/www.epa.gov\/laws-regulations\/summary-federal-insecticide-fungicide-and-rodenticide-act <\/a><\/p>\n\n\n print\u2014Title 7, U.S.C. Ch. 6<\/p>\n\n\n 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.<\/p>\n\n\n Because of FIFRA:<\/p>\n\n\n 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).<\/p>\n\n\n This is the basic federal law that regulates the use of pesticides. A pesticide is any substance designed to prevent, destroy, repel, or mitigate any pest. Each state has a cooperative agreement with the EPA to enforce some provisions of FIFRA. Because of this law, the EPA must register all pesticides before they can be sold or used. Pesticides are classified as either \u201cgeneral use\u201d or \u201crestricted use.\u201d General use pesticides may be purchased without restriction. Restricted-use pesticides can only be used by, or under the direct supervision of, a certified applicator.<\/p>\n\n\n There are three critical points to keep in mind concerning FIFRA:<\/p>\n\n\n A<\/strong>v<\/strong>oid the \u201coops\u201d (pay attention when using something such as pesticides)<\/strong><\/p>\n\n\n FIFRA is probably the law that is most misunderstood by NWCOs. Why? Because in many cases, they don’t even realize they’re dealing with a pesticide.<\/p>\n\n\n Any substance that’s meant to prevent, destroy, or repel pests, or reduce their damage, is legally classified as a pesticide. It doesn’t matter if it’s a commercial product or a home remedy.<\/p>\n\n\n Chemical repellents are pesticides. So are fumigants, such as phosphine gas tablets or a carbon monoxide gas cartridge used to control rodents in their burrows. Poison baits, such as rodenticides, are also pesticides.<\/p>\n\n\n There’s an easy way to figure this all out. Read the product label. If it’s a legal pesticide, the label will include all the information you need. And\u2014the label is the law.<\/p>\n\n\n Do you trust everyone? Not all manufacturers are honest or competent. They might purposefully or accidentally include a dangerous substance in the product. That’s why we rely on scientific studies and government regulatory processes. That’s how you know that the list of ingredients is complete and accurate. That’s how you know that a 2% solution is just that, not 0.2% solution in this bottle, and a 20% solution in that one.<\/p>\n\n\n Remember, too, that just because a pesticide is sold through a trade magazine or the internet, that doesn’t mean you can legally use it in New York State. Legal pesticides are registered by the EPA and the DEC, or are in a special category, “25b minimum risk exemptions.”<\/p>\n\n\n If you have any questions about pesticides, check the DEC website, or call your regional DEC office or the Compliance Section of the DEC’s Bureau of Pesticides Management at (518) 402-8781. Unless you also have a commercial pesticide applicator license, you cannot use any of the following pesticides on someone else\u2019s property:<\/p>\n\n\n No snake repellents. No mothballs. No bird repellents. No poisonous mouse baits. Got it? To make sure you can legally use a product in your business with only your NWCO license, check the label. If there\u2019s an EPA registration or establishment number, you can\u2019t use it.<\/p>\n\n\n There\u2019s another risky area for NWCOs: the use of \u201chome remedies.\u201d In addition to various homemade concoctions, this term refers to the novel use of a household product, such as using household ammonia as a repellent to drive raccoons out of a chimney. Anecdotal evidence may suggest that a product that isn\u2019t labeled as a pesticide is effective as a repellent, for example. Common sense may suggest its safe, especially if it contains only natural substances\u2014say, animal urine. It may address a situation that isn\u2019t easily solved otherwise.<\/p>\n\n\n Unfortunately, when a product hasn\u2019t gone through the regulatory process, you may lack vital information about its use. What\u2019s the recommended dose? Are the application directions precise and easily followed? Does the label list precautions that would help you minimize risks to the applicator, other people, other species, and the environment? When can you re-enter a treated area? How do you dispose of the materials afterwards?<\/p>\n\n\n Until the scientific studies have proven the use is safe, you can\u2019t be sure. In certain cases, the restrictions may seem ludicrous. A raccoon is living in the home, peeing wherever it pleases, but I can\u2019t apply a little bit of raccoon eviction fluid, a product that contains raccoon urine?<\/p>\n\n\n Some home remedies might qualify as an \u201coff-label\u201d use that\u2019s illegal under FIFRA. Some may fall under different laws, or the legal implications may be unclear. If a product is unlabeled, or if its label doesn\u2019t meet federal specifications, the suggested use might still be considered an off-label, and illegal use. Even giving advice about such home remedies could be considered questionable. This is murky territory. If you\u2019re unsure, call the DEC\u2019s Bureau of Pesticide Management at (518) 402-8788.<\/p>\n\n\n A strict interpretation of FIFRA would also prohibit you from using a wasp or hornet spray, even a mint-oil based spray, while on the job. But, like utility workers, NWCOs often work on ladders. If stinging insects are close enough to where you\u2019re working that you feel threatened, most authorities wouldn\u2019t prosecute if you sprayed a general use wasp killer just to protect yourself, for example, while doing bat exclusion. Best advice is: try to avoid stinging insects or their nests; don\u2019t offer to control stinging insects for a customer; and don\u2019t charge for it.<\/p>\n\n\n A caution for NWCOs who also have commercial pesticide applicator licenses: recently, a group of natural products received an exemption from FIFRA under category 25b.These products are federally registered. But none of them are registered in New York State yet, so you can\u2019t use them. This may change. Check with the DEC for the current status of these products.<\/p>\n","protected":false},"excerpt":{"rendered":" Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Regulatory agency: US EPA (federal level); state designated lead agency (in NY, that\u2019s … Continue reading FIFRA<\/span>