1. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Purpose
To govern the use, sale, and labeling of pesticides
Scope
All pesticide manufacturers must submit data regarding the safety and efficacy of their pesticides
Implementation of the program is by
the EPA; but
where a state has a federally approved pesticide program, the state is the primary enforcement authority

2. History & Antecedents of FIFRA
FIFRA is almost exclusively a “federal” act in that states are given little authority to deal with the regulatory issues addressed by FIFRA
Modified over time in an attempt to achieve the goal of protecting humans and the environment
In its original iteration, FIFRA dealt more with form, such as the information on pesticide labels, than it did with the substance of protecting humans and the environment

3. Pesticides
Pesticide
Defined as any substance intended for “preventing, destroying, repelling or mitigating any pest” or any substance intended for use as a “plant regulator, defoliant or dessicant”
Herbicides
Chemical agents used against plants
Insecticides
Chemical agents used against insects
Fungicides
Chemicals used against fungi
Rodenticides
Chemical substances used against rodents
Office of Pesticide Programs (OPP)
The office the EPA uses to track registration of pesticides

4. Registration Criteria
Unreasonable adverse effects
A term defining the standard used in registering pesticides pursuant to FIFRA
Defined as “any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide”
Labeling
The process of affixing warnings and information regarding pesticides to pesticide containers
Enforcement

5. Evaluating Pesticides for Registration
4 conditions must be met before a pesticide can be registered
The composition of the pesticide must be such as to warrant the proposed claim for it
The labeling and other materials for the pesticide must comply with the provisions of FIFRA
The pesticide will perform its intended function without unreasonable adverse effects on the environment
When used in accordance with common practice, the pesticide will not generally cause unreasonable adverse effects on the environment

6. Registration of Pesticides
Types of Registration
Conditional Registrations
Authorized by FIFRA under a section entitled “Registration Under Special Circumstances” that provides for conditional registration for
pesticides identical or very similar to currently registered products
new uses for existing pesticide registrations
pesticides containing active ingredients not contained in any currently registered pesticide for which data needs to be obtained for registration
Notice of Rebuttable Presumption Against Registration (RPAR)
When a RPAR has been issued for a pesticide, conditional registration is not permitted

7. Registration of Pesticides (cont.)
Reregistration
“Me-too” pesticides
Featherbedding
Trade Secrets
2 Types of Registered Use
General Use Registration
Preferred over restricted use registration
Restrictions, other than FIFRA restrictions and requirements, are not imposed on the sale and use of a pesticide
Restricted Use Registration
EPA restrictions imposed to mitigate identified potential harmful effects that are not severe enough to prevent registration but require mitigation in some manner
Effects of Registration
Cancellation of Registration

8. FIFRA Suspension Orders
Generally
Sought by the EPA administrator when it is believed that a pesticide presents an “imminent hazard” or an imminent risk
The sale, distribution, and use of a pesticide is immediately suspended
2 Types
Emergency Suspensions
Infrequently used
An order immediately suspending the sale, distribution, and use of a pesticide where the EPA administrator believes it poses an imminent risk/hazard
No opportunity for a hearing
Action is taken ex parte
To overturn an emergency suspension order, a party must demonstrate that the order was arbitrary, capricious, an abuse of discretion, or “not issued in accordance with the procedures established by law”
Ordinary Suspensions
An order suspending the sale, distribution, and use of a pesticide because the EPA administrator believes it to be an imminent risk/hazard
This differs from an emergency suspension in that with an ordinary suspension, the registrant has an opportunity to request an expedited pre-order hearing

9. How Much Risk is Needed for Purposes of a FIFRA Suspension Order?
5 Factors Used to Analyze Risk
The seriousness of the threatened harm
The immediacy of the threatened harm
The probability that the threatened harm would result
The benefits to the public of the continued use of the pesticides in question during the suspension process
The nature and extent of the information before the administrator at the time the decision is made

10. Enforcement Written warning
In lieu of a written warning, the EPA can issue a stop sale, use, or removal order or seek a seizure order from the federal court
Civil penalties
Range from upward of $1,000 per violation for private users or applicators to upward of $5,000 for violations by a registrant, wholesaler, retailer, or distributor
Mitigating or aggravating factors used by the EPA to determine the amount of the fine requested, the effect of the fine on the viability of the business, and the seriousness of the violation
Criminal penalties
May be imposed for knowing about FIFRA violations
Fines up to $1,000 for a user or applicator and fines up to $25,000 for a firm
Jail sentences may be imposed for officers of a firm or private users or applicators