FIFRA

1
FIFRA

• Federal Insecticide, Fungicide and Rodenticide
  Act
• 7 U.S.C. 136 136y

2
Division of responsibility

• EPA retains certain direct implementation
  responsibility
• The statute provides that the states and tribes
  may assume primary responsibility for certain
  functions
• The statute directs EPA to work cooperatively on
  certain activities

3
Delegated Programs

• EPA is directed to establish standards for
  programs to be delegated to the states and tribes
• These standards must be consistent with the
  provisions of the statute
• However the states or tribes may be more
  stringent or in broader in scope

4
Section 11 of FIFRA (7 U.S.C. 136i)

• . (2), the Administrator shall prescribe
  standards for the certification of
  applicators of pesticides. Such standards shall
  provide that to be certified, an individual
  must be determined to be competent with
  respect to the use and handling of the
  pesticides, or to the use and handling of the
  pesticide or class of pesticides covered by
  such individual's certification

5
Section 11 of FIFRA (7 U.S.C. 136i)

• .so long as the program does not require the
  private applicator to take, pursuant to a
  requirement prescribed by the Administrator, any
  examination to establish competency in the use of
  the pesticide. 7 U.S.C. 136i(a)(2)

6
Section 136u of the Statute

• Provides for cooperative agreements with the
  States and Tribes to assist in training and
  certifying applicators
• This Section also provides for the use of the
  cooperative extension services for the purpose
  of encouraging the training of certified
  applicators.

7
40 C.F.R. Part 171 Certification of Applicators

• Sets forth the requirements for
• Applicator certification
• Standards for supervision of non-certified
  applicators and,
• Submission and approval of State plans

8
40 CFR 171.4 and 171.5 Certification of
commercial and private applicators

• A key difference in these two Sections is the
  discussion in each on competence.
• For commercial applicators the regulations
  provide for testing.
• For private applicators testing is not required.

9
Conclusion

• Regulations can be changed, but the statutory
  provisions are requirements to which we must
  adhere.
• There is flexibility for each state to be more
  stringent or broader in scope, but ultimately
  state programs must conform to the broad outline
  of FIFRA too.