What US FIFRA: Pesticide Registration, Labeling, Restricted-Use Certification and Prohibited Acts requires
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), codified at 7 U.S.C. Chapter 6, subchapter II (sections 136-136y), is the principal US statute regulating the sale, distribution and use of pesticides, administered by the US Environmental Protection Agency (EPA). Section 136 defines the key terms, including 'pesticide', 'misbranded' and 'registrant'. Section 136a requires that, with limited exceptions, no person may sell or distribute a pesticide unless it is registered with the EPA; the Administrator registers a pesticide only where its composition warrants the proposed claims, its labeling complies with the Act, and it will perform its intended function without unreasonable adverse effects on the environment, considering the economic, social and environmental costs and benefits of use. The Administrator classifies each registered use for general use or restricted use; section 136i provides that restricted-use pesticides may be applied only by or under the direct supervision of a certified applicator under an approved certification plan. Section 136e requires the registration of producing establishments, and section 136c provides for experimental use permits. Section 136d authorizes administrative review, including the suspension and cancellation of registrations that cause unreasonable adverse effects. Section 136j sets the unlawful acts, including distributing or selling an unregistered, misbranded or adulterated pesticide, making claims that differ substantially from the registration, using a registered pesticide in a manner inconsistent with its labeling, refusing to keep records or permit inspection, and falsifying applications or test data. Section 136k authorizes stop-sale, use or removal orders and seizure. Section 136l provides the penalties: civil penalties for registrants, applicators and other distributors, and criminal penalties (generally misdemeanors) for knowing violations, with lower maxima for private applicators. Section 136v preserves state authority to regulate the sale or use of pesticides to the extent consistent with the Act.
Pillar: Agriculture & Agritech · Authority: US Congress / Environmental Protection Agency (Office of Pesticide Programs) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title7/html/USCODE-2022-title7-chap6.htm
SHA-256 integrity: e02fe8e350aebbc9eaa01e3d5baad8e291ad7f7f6357e542b39158580877173a
Primary Citations — 8 traced to source
- Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 - definitions, including pesticide, misbranded and registrant.
- FIFRA, 7 U.S.C. 136a - registration of pesticides, the registration standard (no unreasonable adverse effects), and classification for general or restricted use.
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