CRS Report RL30022: Summaries of Environmental Laws Administered by the EPA

EPA continues to evaluate the safety of pesticides after they are registered as new information becomes available. FIFRA requires registrants to report promptly any new evidence of adverse effects from pesticide exposure. If evidence indicates that a registered pesticide may pose an unreasonable risk, EPA may initiate a special review of available information to reevaluate the risks and benefits of each registered use. FIFRA also authorizes EPA to require registrants to conduct new studies to fill gaps in scientific understanding to assist risk assessments. As a result of a special review EPA may conclude that registration is adequate, needs amendment, or should be canceled.

If a special review or reregistration evaluation finds that a registered use may cause "unreasonable adverse effects," EPA may amend or cancel the registration.⁽⁴⁾ FIFRA also allows registrants to request cancellation or amendment of a registration to terminate selected pesticide uses. Requesting voluntary cancellation sometimes reflects a registrant's conclusion that the cost of additional studies is not worth the expected benefit (that is, profit) from sales if the registration is maintained.

If a registration is canceled for one or more uses of a pesticide, FIFRA does not permit it to be sold or distributed for those uses in the United States, although for a specified period of time, U.S. farmers may use remaining stocks, and commerce may continue for commodities that were legally treated with the pesticide. FIFRA allows registrants to appeal an EPA decision to cancel a registration. Appeal initiates a lengthy review process during which the product may continue to be marketed. However, if there is threat of an "imminent hazard" during the time required to cancel a registration, FIFRA authorizes EPA to suspend registration. Suspension orders, which also may be appealed, stop sales and use of the pesticide. In the event of suspension and cancellation, FIFRA Section 15 directs EPA to request an appropriation from Congress to compensate anyone who owned any of the pesticide and suffered any loss due to the suspension or cancellation. The registrant of the suspended and canceled product is responsible, however, for all of the transportation and disposal costs, and most storage costs.

FIFRA also allows for unregistered use of pesticide products in special circumstances. Section 5 allows experimental use permits for purposes of research and to collect data needed to register a pesticide. Section 18 allows "emergency exemptions" from the provisions of FIFRA to be granted to federal or state agencies, for example, if there is a virulent outbreak of a disease that cannot be controlled by registered products. In addition, Section 24(c) permits states to allow additional uses of a federally registered product to meet "special local needs."

Generally, EPA enforces FIFRA requirements. However, FIFRA Section 26 gives states with adequate enforcement procedures, laws, and regulations primary authority, including inspection authority, for enforcing FIFRA provisions related to pesticide use. However, EPA is authorized by Section 27 to rescind a state's primary enforcement responsibility if it is not being carried out.

Section 11 authorizes EPA to form cooperative agreements with states giving them the responsibility for training and certifying applicators of restricted use pesticides. States also may initially review and give preliminary approval to applications for emergency exemptions and special local needs registrations (although under some conditions FIFRA allows EPA later to deny state-approved applications).

Section 9 authorizes inspections by EPA and authorized state officials of pesticide products where they are stored for distribution or sale. Section 13 authorizes EPA to issue orders to stop sales and to seize supplies of pesticide products. Civil and criminal penalties for violations of FIFRA are established in Section 14, while Section 15 provides indemnity payments for end users, distributors, and dealers of pesticides when registrations are suspended and canceled.

Federal district courts are authorized in Section 16 to review EPA final actions and omissions when action is not discretionary. People adversely affected by an EPA order may file for judicial review of the order following a hearing. But, FIFRA does not authorize citizen suits against violators.

FIFRA does not give EPA the authority to regulate domestic production and export of unregistered pesticides, even if U.S. registration has been canceled for health or environmental reasons. However, FIFRA does require exporters to prepare or pack pesticides as specified by the purchaser and in accord with some of the FIFRA labeling provisions. For example, exporters must translate warning information into the language of the destination. FIFRA also requires exporters of unregistered pesticides to obtain the purchaser's signature on a statement acknowledging that the pesticide is unregistered and cannot be sold in the United States. EPA is required to notify governments of other countries and international agencies whenever a registration, cancellation, or suspension of any pesticide becomes or ceases to be effective in the United States.

Fisher, Linda J. et al. "A Practitioner's Guide to the Federal Insecticide, Fungicide, and Rodenticide Act: Parts I - III." Environmental Law Reporter, v. 24, n. 8, 9, and 11, 1994. pp. 10449-10478, 10507-10519, and 10629-10656.

Handley, James. "The Food Quality Protection Act + EPA's Pesticide Adverse Effects Reporting Rule = New Data and Better Pesticide Risk Decisions." Environmental Law Reporter, v. 28, n. 5, 1998. pp. 10241-10250.

U.S. Library of Congress, Congressional Research Service. Pesticide Legislation: Food Quality Protection Act of 1996 (P.L.104-170). CRS Report 96-759 ENR. Washington, D.C. Sept. 11, 1998. 31 p.

Table 2. U.S. Code Sections Federal Insecticide,
Fungicide and Rodenticide Act⁽⁵⁾
(codified generally as 7 U.S.C. 136-136y)

7 U.S.C.	Section Title	Federal Insecticide, Fungicide, and Rodenticide Act (as amended)
	Short title and table of contents	sec. 1
136	Definitions	sec. 2^*
136a	Registration of pesticides	sec. 3^*
136a-1	Reregistration of registered pesticides	sec. 4^*
136c	Experimental use permits	sec. 5
136d	Administration review; suspension	sec. 6^*
136e	Registration of establishments	sec. 7
136f	Books and records	sec. 8
136g	Inspection of establishments	sec. 9
136h	Protection of trade secrets and other information	sec. 10
136i	Restricted use pesticides; applicators	sec. 11^*
136j	Unlawful acts	sec. 12
136k	Stop sale, use, removal, and seizure	sec. 13
136l	Penalties	sec. 14
136m	Indemnities	sec. 15
136n	Administrative procedure; judicial review	sec. 16
136o	Imports and exports	sec. 17
136p	Exemption of federal and state agencies	sec. 18
136q	Storage, disposal, transportation, and recall	sec. 19^*
136r	Research and monitoring	sec. 20^*
136s	Solicitation of comments; notice of public hearings	sec. 21^*
136t	Delegation and cooperation	sec. 22
136u	State cooperation, aid, training	sec. 23
136v	Authority of states	sec. 24
136w	Authority of Administrator	sec. 25^*
136w-1	State primary enforcement responsibility	sec. 26
136w-2	Failure by the state to assure enforcement of state pesticide use regulations	sec. 27
136w-3	Identification of pests; cooperation with Department of Agriculture's program	sec. 28^*
136w-4	Annual report	sec. 29
136w-5	Minimum requirements for training of maintenance applicators and service technicians	sec. 30^*
136w-6	Environmental Protection Agency minor use program	sec. 31^*
136w-7	Department of Agriculture minor use program	sec. 32^*
136x	Severability	sec. 33
136y	Authorization of Appropriations	sec. 34

Note: The current FIFRA statute was established by P.L. 92-516, which completely replaced (by amendment) the original 1947 legislation. For a complete history, see the notes in the ASCOT.

1. Prepared by Linda Schierow, Specialist in Environmental Policy, Environmental Protection Section, Environment and Natural Resources Policy Division.



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