2012-13 Pesticide Laws

and Regulations

Charles Moses

Nevada Department of Agriculture

Environmental Services

NDOA-EPA Cooperative Agreement

FIFRA, U.S. Code, Section 136

Nevada Revised Statutes, Section 555

NRS 555: CUSTOM APPLICATION OF PESTICIDES

NRS 555.2605 Definitions.

NRS 555.261 “Agent” defined.

NRS 555.2615 “Aircraft” defined.

NRS 555.2617 “Certificate” defined.

NRS 555.2618 “Certified applicator” defined.

NRS 555.2619 “Commercial applicator” defined.

NRS 555.2625 “Defoliant” defined.

NRS 555.263 “Desiccant” defined.

NRS 555.2634 “Environment” defined.

NRS 555.264 “Fungi” defined.

NRS 555.2645 “Ground equipment” defined.

NRS 555.265 “Insect” defined.

NRS 555.2655 “Nematode” defined.

NRS 555.266 “Person” defined.

NRS 555.2665 “Pest” defined.

NRS 555.2667 “Pest control” defined.

NRS 555.267 “Pesticide” defined.

NRS 555.2675 “Plant regulator” defined.

NRS 555.2681 “Private applicator” defined.

NRS 555.2683 “Restricted-use pesticide” defined.

NRS 555.2685 “Snails or slugs” defined.

NRS 555.2687 “Supervision” defined.

NRS 555.269 “Weed” defined.

NRS 555.2695 “Wildlife” defined.

NRS 555.270 Policy of this State; purpose of provisions.

NRS 555.273 Provisions concerning restricted-use pesticides applicable to governmental agencies and public utilities.

“Certification” vs. “Licensing”

KNOW THE DIFFERENCE

FIFRA Section 11

Certification

The state certification program must contain

applicator safety training.

The certification manual is available on line

at: http://www.agri.nevada.gov. The test

application and CEU tracking form can also

be found on this website.

http://www.unce.unr.edu/programs/sites/pesti

cide/course/

Use Inspections (Enforcement)

FIFRA Section 2

Definitions

A private applicator is a certified applicator who uses or supervises the use of a RUP for the purpose of producing an agricultural (or horticultural) commodity.

A commercial (non-licensed) certified applicator is an applicator who uses or supervises the use of a RUP for any purpose other than that of producing an agricultural commodity.

FIFRA Section 2

Definitions

Pesticide: Any substance or mixture of

substances intended to prevent, destroy, repel,

or mitigate any pest or used as a plant growth

regulator, defoliant, or desiccant.*

*does not include animal drugs and anti-

bacterial hand soap but includes plant

incorporated pesticides

FIFRA Section 2

Definitions

A General Use Pesticide is a pesticide that is not likely to harm human health or the environment if it is applied in accordance with label directions.

A Restricted Use Pesticide (RUP) is a pesticide that may cause harm unless it is applied by a competent, certified applicator.

Restricted-use pesticides

At top of label.

Based on Risk Assessment:

Toxicity

Environmental Hazards

Method of Application

Formulation

FIFRA Section 2

Definitions

“Under Direct Supervision” means:

the application of a RUP under the

instructions and control of a Certified

Applicator, even though the Certified

Applicator may not be physically present at

the time of application.*

*State law requires “onsite” supervision by

licensed applicators of unlicensed applicators.

FIFRA Section 2

Definitions

The label is defined as the written, printed, or

graphic matter on, or attached to, the pesticide

container, device, or wrapper.

Labeling includes all other printed or graphic

matter accompanying the pesticide or device,

including supplemental labeling

Label Language: Demand CS

Applicators must ensure that they are certified in the

necessary pesticide certification categories to allow

application of Demand CS Insecticide away from

structures, such as to turf and ornamental plantings.

Structural pest control certification categories may

limit the distance away from structures for pesticide

application. Consult your state extension office or

pesticide regulatory officials for further information

FIFRA Section 2

Definitions

“To use any pesticide in a manner

inconsistent with label directions” means to

use any pesticide in a manner not permitted

by the labeling, provided that the term shall

not include:

FIFRA Section 2

Definitions

1) applying a pesticide at any dosage

concentration, or frequency less than that

listed on the label*;

* Termiticide product labels will specify that

pretreatment applications must be done at

label rates, beginning on January 1, 1998.

FIFRA Section 2

Definitions

2) applying a pesticide against any target pest

not on the labeling if the application is being

made to a crop, animal, or site that is listed on

the label;

FIFRA Section 2

Definitions

3) the use of any equipment or method of

application which is not prohibited by the

labeling*;

*Pesticides that can be legally applied through

irrigation systems must contain label

directions for use in these systems.

FIFRA Section 2

Definitions

4) mixing any pesticide with a fertilizer as

long as the mixture is not prohibited by the

labeling;

5) mixing two or more pesticides if all dosage

rates are at or below the recommended label

rates.

FIFRA Section 2

Definitions

Definition of “Use”: Although there is no

formal definition, EPA interprets “use” of a

pesticide to include a wide range of pre- and

post application activities. This includes not

only the actual pesticide application but also

other direct handling tasks such as mixing,

loading, disposal, and cleaning of equipment.

FIFRA Section 3

Pesticide Registration

No person in any state may distribute, sell,

ship, etc…to any person any pesticide that is

not registered with EPA.*

States must accept all EPA-registered

restricted use pesticides, and;

A state may restrict any EPA-registered

general use pesticide.

*does not include 25b products

Strychnine

FIFRA Section 12

Unlawful Acts

It shall be unlawful for any person in any state

to distribute, sell, offer for sale, or deliver to

any person:

any pesticide not registered with EPA (this

does not include Section 25b products)

any registered pesticide whose claims or

composition differ from those made in

connection with its registration

FIFRA Section 12

Unlawful Acts

To distribute any pesticide classified as restricted use for a purpose other than is authorized by FIFRA; however, it is not unlawful to sell a RUP to an uncertified person for use by a certified applicator.

It is unlawful to use any registered pesticide for a purpose other than for which it was registered, or to use any registered pesticide in a manner inconsistent with label directions.

FIFRA Section 12

Unlawful Acts

any pesticide that is adulterated

An adulterated pesticide is a pesticide whose

strength or purity falls below the standard

expressed on the label, or any valuable

constituent has been wholly or partially left

out.

FIFRA Section 12

Unlawful Acts

any pesticide that is misbranded

A pesticide is misbranded if the label bears any

statement or design which is false or

misleading, the label does not conform to

EPA standards, or it imitates or is offered for

sale under another pesticides name.

Market Place Inspections

NRS 586-Sale of Pesticide

It shall be unlawful for any marketplace to

sell or distribute a restricted use pesticide

unless the marketplace is registered as a

dealer with the NDOA.

Restricted use pesticide sales must be reported

monthly to the Nevada Department of

Agriculture.

Other Related Programs

Worker Protection Standard (WPS)

In effect since January 1995, the WPS is

designed to reduce the risk of pesticide

poisoning and related illnesses among farm

workers and pesticide handlers.

All pesticide products registered for use in

farm, forest, nursery or greenhouse sites must

include a WPS reference statement on the

label.

WPS Requirements

Training for workers and handlers

Soil fumigant safe handling fact sheet

Central location poster/detail sheet

Posting/notification of re-entry intervals

Decontamination stations

Information exchange w/custom applicators

PPE

Rodenticides-Label Update

Fumigants

Methyl Bromide

Chloropicrin

Metam Sodium

Metam Potassium

Dazomet

Fumigants

Restricted Use Pesticide Classification

Fumigant Management Plan

Tarp Perforation and Removal Restrictions

Air Monitoring

EPA Approved, Registrant Developed Certified Applicator and Handler Training

2012 Buffer Zones

2012 Community Outreach and Notification

EPA Soil Fumigant Toolbox

http://www.epa.gov/pesticides/reregistration/s

oil_fumigants/

Aluminum/Magnesium Phosphide

U.S. Department of Transportation-Special

Permit 13307

http://hazmat.dot.gov

/sp_app/special_permits/spec_perm_index.

htm.

Information Sources

Pesticide Fact Sheets are available from the

National Pesticide Information Center, ATSDR

(Agency for Toxic Substances and Disease

Registry), and the U.S. EPA.

NPIC 1-800-858-7378

Poison Control: 1-800-222-1222

FIFRA Section 19(e) and 19(f)

19(e) Mandates regulations for the design of

pesticide containment and containers that will

promote safe storage and disposal

19(f) Mandates regulations prescribing

procedures and standards for the removal of

pesticides from containers prior to disposal

Containment Rule

Agricultural retailers, agricultural commercial

applicators, and agricultural custom blenders

who use, formulate, produce, and sell

agricultural commodities in bulk quantities

must comply with these regulations

Bulk Pesticide Storage

PESTICIDE STORAGE

Keep labels legible

Keep containers closed

Use original containers

Keep an updated inventory

PESTICIDE STORAGE

Pesticides storage areas should

be kept locked

Watch for damage - report and

react Immediately

Purchase only amounts

necessary – don’t accumulate

Operation:

Clean Sweep

NDOA Disposal Program

Call 775-353-3715

Pesticide Containers

Non-refillable containers must meet DOT

container design/marking requirements and

residue removal standards

Refillable containers must meet DOT

container design, construction, and marking

standards, be identified with a serial number,

and contain a tamper evident device

Labeling

Must identify container as non-refillable or

refillable

Must contain a recycling/reconditioning

statement if refillable

Cleaning instructions for non-refillable and

refillable containers

Label Language: Disposal

“Triple rinse as follows: empty remaining

contents into application equipment for 10

seconds; fill the container ¼ full and shake for

10 seconds; pour rinsate into application

equipment or a mix tank for later use or

disposal; repeat this procedure two more

times.”

Label Language: Bifen XTS

Keep out of reach of children and animals.

Store in original containers only. Store in a

cool, dry, place and avoid excess heat. Do not

put concentrate or dilute material into food or

drink containers.

Do not apply when wind conditions favor

downwind drift to nearby water bodies.

NDA Water Quality Protection

A water sampling program designed to protect

ground and surface water from pesticide

contamination

The goal of the program is detect

contamination early enough so that regulatory

and/or educational tools can be used to

prevent further degradation of the ground

water.

Leaching to Ground Water: Factors

Leachability index

Soil type and area geology

Water in per label instructions, BUT,

DO NOT over-water or apply before a

heavy rain is expected

Non-point source pollution

Pesticide Labels & Water Quality

Pesticide Registration Notice 2008-1

Environmental Hazard Statements: Intended

to clarify the steps the applicator can take to

avoid potential contamination.

Directions for Use: “Stronger” wording to

avoid any application that would allow the

product to move off site

Environmental Hazards

“This product is extremely toxic to fish and

aquatic invertebrates. To protect the

environment, do not allow pesticide to enter

into storm drains, drainage ditches, gutters or

surface waters. Rinsing application equipment

over the treated area will help avoid run-off to

water bodies or drainage systems.

Court Ordered Protections: ES and

Water Quality

Label Enforcement: ES Protection

A program designed to protect endangered

species from adverse effects of pesticide use.

Recommendations are given to applicators

about pesticide selection and establishment of

buffer zones through range bulletins and

labeling.

Bulletins Live!

Pesticide Permits and the

Clean Water Act

Clean Water Act

Provides statutory basis for regulating

discharge of pollutants from point sources to

waters of the United States

Requires anyone who wants to discharge

pollutants to first obtain a NPDES permit

Background

2001Talent Irrigation Decision:

The 9th Circuit Court of Appeals ruled that

pesticide applications are considered “point

source” pollutants and irrigation canals may

fall under the definition of “Waters of the

United States”; herbicide applications must be

authorized by CWA permits.

Background

November 27, 2006:

U.S. EPA issues final rule to codify its

interpretation: NPDES Permits are not

required under the CWA if pesticide

applications are consistent with FIFRA

requirements.

Background (Continued)

Petitions for review of the final rule were filed in 11 Circuit Courts in 2006. On January 7, 2009, the 6th Circuit Court of Appeals vacated the EPA rule.

NPDES permits are required for all pesticides that leave a residue in water (and alter chemistry) when applications are made over or near “Waters of the United States”.

The Pesticide General Permit

The Nevada Division of Environmental

Protection is the CWA authorized permitting

authority in the State of Nevada

http://ndep.nv.gov/bwpc/pesticide.htm

Notice of Intent: Who Must File?

Any federal, state, or local government

agency

Any entity tasked with managing property

(i.e. homeowner’s associations)

Any commercial business not part of a small

business enterprise (defined by SBA)

An operator

Notice of Inclusion (NOI), Continued

Mosquito and other aquatic nuisance insects

Aquatic weeds (including algae control)

Aquatic nuisance species

Forest canopy pest control

NPDES permits still may be required for point

sources

Treatment Thresholds

80 acres (surface water): aquatic nuisance

pests, aquatic weeds and algae (waters of the

U.S.)

50 linear miles of irrigation system (count

both sides) waters edge: aquatic weeds, algae,

aquatic nuisance pests

6400 land acres: mosquitoes and other flying

insect pests, forest canopy

Operator Definition

Any entity that has control over the financing

or decision to perform pesticide applications

that result in discharges, and/or

The entity that has day-to-day control of or

performs activities necessary to ensure

compliance with the permit (authorized to

direct activities or to perform them)

Duties for All Operators

All operators must minimize pesticide

discharges by utilizing best management

practices which include: using only the

amount of pesticide necessary to control

pests; maintaining pesticide application

equipment in good operating condition

(including calibration); and assessing weather

conditions.

Duties: Permit Holders

Use the lowest effective amount of pesticide

Perform regular equipment maintenance

Calibrate

Must implement IPM measures

Monitor compliance with permit conditions

Keep records

Report annually

PDMP

Permit Provisions

Program implementation began on 10/31/11

Life of the permit is 5 years

Emergency applications can be performed in

advance of NOI submission

Violation of a FIFRA label will be interpreted

as a CWA violation

Annual report due January 15

Pesticide Discharge Management Plan

Pesticide discharges must be controlled to

meet applicable state water quality standards

Any permit holder who exceeds any pesticide

use threshold must develop a PDMP

The PDMP must be immediately available to

EPA, the state agency, or member of the

public upon request

PDMP: Contents

Problem description

Control measure description

Pest surveillance procedures

Spill prevention, response, and incident reporting procedures

Equipment maintenance procedures

Pesticide monitoring procedures

Corrective action plan

Contact Information

Alexi Lanza (775) 687-9468

Nevada Division of Environmental Protection

alanza@ndep.nv.gov

Questions?

Charles Moses

775-353-3716

cmoses@agri.nv.gov

NDA webpage:

http://agri.nv.gov