CHAPTER 3
LAWS AND REGULATIONS

Learning Objectives

APPLICATOR CERTIFICATION
    Pesticide application is complex. Control of pests cannot be attained by simply spraying baseboards, as some novices assume. Certified applicators not only need to know about all phases of pest control for their own use, but also to pass this practical knowledge on to technicians under their supervision.
    Pesticide technicians need to know more about safety and proper use than ever before. The number of pesticides has increased. Effects on wildlife, human health, and the environment are vital considerations. Highly toxic pesticides require special equipment and safety measures.
    Certification requirements have been set to help protect the general public, the environment, and those who apply pesticides. Anyone using restricted use pesticides in any category must be certified or under the direct supervision of someone who is certified. [Direct supervision refers to the availability of the certified applicator, either as directed by the label or else as related to the hazard of the situation. A competent person shall apply a restricted use pesticide under the instructions and control of a certified applicator who is available if and when needed. [Note: this requirement may be changed by new regulations. All certified applicators should be aware of current requirements.] Restricted use indicates that the environment, user, or others, could be harmed even though the pesticide is used as directed.] Certification is carried out by the states/tribes (except in Colorado and Nebraska which have federal programs).

Certification
Standards and testing for certification (and re-certification) are part of EPA approved and evaluated state and tribal plans for regulation of commercial applicators. Re-certification intervals vary from state to state. Training has received increased emphasis in recent decades; today training programs have input from university extension services, state regulatory agencies, national and state pest control associations, pesticide manufacturers, and other pest control industry representatives.

Certification Records
 Training seminars and certification programs are evaluated by state regulatory agencies as well as by the EPA. Records verifying attendance and participation in these training programs are important. Subjects covered, time, location, instructor, and testing results should be noted and signed by the instructor and student. Every pesticide applicator should maintain a personal training record that includes classroom training and testing, on the job training, workshops, performance testing, use observations, etc.

CLASSIFICATIONS
There are two classifications of certified applicators: private and commercial. A private certified applicator uses or supervises the use of restricted use pesticides to produce agricultural commodities on property owned or rented by himself or his employer.
A commercial certified applicator uses or supervises the use of any pesticide that is classified for restricted use for any purpose on any property other than those listed for private applicators.

FEDERAL COMMERCIAL CATEGORIES
    Federal standards identify specific commercial pest control categories. State certification standards must meet federal standards, but they can be more stringent to meet needs of the state. Commercial applicators in some states may apply for certification in any or all of the categories, but they may practice only in categories for which they are certified.
1. Agricultural Pest Control
2. Forest Pest Control
3. Ornamental and Turf Pest Control
4. Commercial Seed Treatment
5. Aquatic Pest Control
6. Right of Way Pest Control
7. Industrial, Institutional Structural and Health Related Pest Control
    This category deals with urban pest management and control. It includes pesticide application in, on, or around food handling establishments, homes, schools, hospitals, other public institutions, warehouses, grain elevators, other industrial buildings, areas near these buildings and around stored, processed, or manufactured products.
8. Public Health Pest Control
9. Regulatory Pest Control
10. Demonstration and Research Pest Control
11. Aerial Pest Control

    FEDERAL PESTICIDE LAWS
The United States Congress established the Environmental Protection Agency (EPA) in 1970 and required that the agency regulate pesticides. The EPA sets standards for pesticide registration, handling, and use. The standards are designed to help make pesticide use safer for both people and the environment. Some practices which were suggested for correct use in the past are now required by law. These requirements affect areas such as record keeping, transportation, storage and disposal procedures, entry intervals, and filling and mixing methods. For many applicators, these practices are already part of a regular routine. For others, some adjustment must be made to meet these requirements.

   THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)
Through its Office of Pesticide Programs (OPP), EPA uses the Federal insecticide, Fungicide, and Mgt & Ctrl, Chapter 3, Pg. 2 Rodenticide Act (FIFRA) to manage its mandate. FIFRA was enacted in 1947, replacing the Federal Insecticide Act of 1910, and has been amended several times.
    The most important amendment to FIFRA is called the Federal Environmental Pesticide Control Act (FEPCA) of 1972. This amendment shifted the emphasis from pest control regulations to the role of protecting the public health and the environment.
    FIFRA governs the registration of pesticide products. No pesticide may be marketed in the United States until the EPA reviews an application for registration, approves each use, and assigns a product registration number. Pesticides must demonstrate that their use will not result in unreasonable adverse effect to human health. In other words, FIFRA balances a pesticide's risk with its benefit to society. [Risk is defined by EPA as the probability that a pesticide will have an adverse effect.]
     In summary, FIFRA is the law; it requires that

FIFRA also

STATE, TRIBAL, AND LOCAL LAWS AND REGULATIONS
     Each state has laws governing pesticide use. The laws are written to comply with federal law and to handle state specific pesticide related problems. In some states, laws further restrict the use of certain pesticides in that state. State pesticide laws can be more stringent but cannot relax, overrule, or conflict with federal law. Careful study and a clear understanding of the state pesticide law as well as federal law is necessary to pass certification tests.
     Some local jurisdictions have pesticide laws and regulations. Local statutes may not relax federal or state law. Every pest management technician who applies, mixes, or transports pesticides must be familiar with all rules that govern pest control activities.

    Protection: The Applicator's Responsibility
    Ultimately, protection of the environment from pesticides will fall to the pesticide technician. Preserving the biological diversity of our planet by protecting the environment will contribute to the overall quality of life. Each plant or animal is part of a complex food chain; break one of the links and others are adversely affected. One disappearing plant can take with it up to thirty other species that depend upon it, including insects, higher animals and even other plants. Urban pest management technicians will see their normal work as unlikely to affect the environment, but spills and leaks during mixing, loading, and transporting, and incorrect disposal, may easily wind up in ground or surface water or in the habitat of non-target organisms, a stream, a marsh, or an estuary. National Parks and other sensitive areas are often serviced by commercial pest management technicians, and while the majority of urban pesticide application is indoors and minimized, some chemicals are applied outside; spills and accidents can occur in any situation.

SUMMARY
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) regulates pesticides to protect humans and the environment. Enforcement of this law is the responsibility of the EPA which in turn, may through cooperative agreements, delegate the authority for enforcing the Act to states and tribes. The Agency has developed regulations for pesticide registration and use. Registered pesticides are unclassified or for restricted use. Applicators of restricted use pesticides must be certified as private applicators (essentially agricultural pesticide applicators) or commercial applicators. Commercial pesticide applicators may be certified to work in certain categories. [One category is the Industrial, Institutional, Structural and Health Related Category for which this training module was written.] Each state and tribe has laws governing pesticides and their use; these laws are as strict as with federal law. ?State certification plans are approved and evaluated by EPA. Since pesticide applicators are directly regulated and certified by their state agencies, a thorough knowledge of the state pesticidal law as well as federal law is essential. 

STUDY QUESTIONS FOR MANAGEMENT & CONTROL CHAPTER THREE LAWS AND REGULATIONS