Lawsand

Regulations

Lawsand

Regulations

Pesticides•Insecticides•Herbicides•Fungicides•Avicides•Rodenticides•Molluscicide??

Federal Insecticide Act of 1910Federal Insecticide Act of 1910• Ensure the quality of pesticide chemicals• Inspections, seizure of products and

prosecution • Set standards for manufacture of lead

arsenate, insecticides and fungicides

Federal Insecticide, Fungicide, Rodenticide Act

1990 Farm Bill - Federal Recordkeeping

Worker Protection Standard

SARA Title III

Occupational Safety & Health Act

Endangered Species Act

Coastal Zone Management Act

Transportation Regulations

Federal

Insecticide

Fungicide and

Rodenticide

Act

FIFRA (1947)

MDAenforces FIFRA

for EPA

FIFRA’s Major Provisions

use

transportation

storage

disposal of pesticides

State can enact standards that exceed federal standards

Pesticides are classified as- general use pesticides or- restricted use pesticides (RUPs)

FIFRA’s Major Provisions

All pesticides must be registered by EPA

General use pesticides- purchased, used by anyone

RUPDanger

Tordon 22K, Hoelon 3EC, Furadan, Warrior, Phostoxin

Restricted Use Pesticides

- purchased, used by certified applicators

- hazardous enough to limit sale

- potential for human injury & environmental impact

FIFRA also

establishes

standards for

pesticide labels

FIFRA’s Major Provisions cont.

Definition of Misuse

“to use any pesticide inconsistent with its labeling.”

But You Can:

Use of pesticides for a pest not on the label if the crop, animal or site is on label

Use any method of application, unless forbidden by the label

Use of a pesticide at dosages less (but not more) than labeled dosage or frequency

RUP records must be kept by all applicators (private & commercial)

Commercial applicators must provide RUP spray records to their clients

Federal PesticideRecordkeeping

(1990 Farm Bill)

As a certified private pesticide applicator, you are responsible for

keeping records for all RUP applications that you make.

• You must record the application information within 14 days of the application and…..

• You must keep these records for 2 years following the application.

What information must you record?

• There is no standard form

• But there is a standard format

Recordkeeping format – Page 51. Name of applicator and applicator ID number

2. Date when application was made

3. Location

4. Size of the area treated

5. Crop or site sprayed

6. Amount of RUP used

7. Product or trade name of pesticide used

8. EPA Registration Number

Name of applicator and applicator ID number

Date when application was made

• Month/ Day and year

• Be precise…. May 23, 2002

• Not:– Sometime in May

– Between May 22 and May 28

Location

• Actual location of the spraying & not the farm address!!

• Any method can be used– USDA Maps

– Latitude/Longitude

– Applicator maps

Location

Goal: To identify a site that you sprayed for at lease 2 years following

the application.

Size of the area treated

• Use simple calibration formula (Must know GPA)

• Volume used ÷ GPA = acres treated 400 Gallons used = 20 acres 20 Gallons Per Acre

2 gallons used = 0.025 acres 80 GPA

Crop or site sprayed

• Language of the label

• Rangeland, wheat, barley, fenceline, etc

Amount of RUP used

• Calibration formula and acres treated

• Acres treated x rate used

• 20 acres x 1 pint per acre = 20 pints used

• 0.025 acres x 16 oz. = 0.4 oz. used

Product or trade name of pesticide used

• Tordon 22K is the trade or brand name

• Picloram is the common name

EPA Registration Number

Recording a Spot Treatment

• “Spot application" is an application(s) of a restricted use pesticide made on the same day to a sprayed area of less than 1/10 acre. (4,356 ft2 or 66 x 66 ft.)

• Let your calibration help you. – Ex. Your backpack is calibrated to 50 GPA

– With 5 gallons you should spray 1/10 acre

(5 gallons ÷ 50 GPA = 0.1 or 1/10 of an acre

Spot Treatments

Field 6 as designated on a farm map.

You don’t need to record a location every time you pull the trigger!

“Spot Applications for noxious weeds throughout field 6.”

Spot Treatments

Suppose you sprayed a full 5 gallons in Field #6

• Montana Pesticides Act• Montana Agricultural

Chemical Groundwater Protection Act

• Montana Water Quality Act• Montana Food, Drug and Cosmetic Act• Montana Clean Air Act• Montana Solid Waste Laws

State Laws

MDA can sample, inspect & analyze pesticides used in

Montana

Pesticides registered with EPA and MDA

Losing Your Licenseo Fail to keep license current!o Sell or give away any pesticide!

o Includes restricted-use herbicides – Tordon 22K.

o Fail to keep records of restricted-use pesticide use!

o Make false records of restricted-use applications.

o Make false statements involving pesticide misuse.

o Use pesticides off label.

FINES

• Allows you to…..– apply restricted-use pesticides to ground

that you own, rent, or lease– apply general-use pesticides to ground

that you own, rent, or lease and that of their immediate neighbor - not done commercially.

Private Applicator

(Farm) License

You Cannot…

…..apply pesticides commercially. …..apply restricted-use pesticides on land

that you do not own, rent, or lease. …..sell or give away pesticides …..give your permit to non-family

members or non-employees to buy restricted-use pesticides (RUP).

Buying RUP’s

Employees? Family members?

Triple rinse within 48 hoursDestroy the container

Dispose within 90 days

Containers?

Montana Agricultural Chemical Groundwater

Protection Act

Allows for groundwater monitoring

Establishes water quality standards for agricultural

chemicals

Montana Water Quality Act

It is unlawful to pollute any state waters, or to place anything in a location that will cause pollution of state waters.

Water treated with aquatic herbicides.

Noxious weeds adjacent to river

Montana Clean Air Act Burning of pesticide

containers (cardboard, paper

bags, plastic bags) is prohibited.

Burning of pesticide containers

(cardboard, paper bags, plastic bags)

is prohibited.

Montana Solid Waste Laws

Prohibits the disposal of any solid waste in any location not licensed as a solid

waste disposal site by the DEQ.

This includes pesticide containers

The Worker Protection The Worker Protection Standard (WPS)Standard (WPS)

• Employers/producers of agricultural crops– provide safety training– sites for decontamination & emergency treatment

• Product labels – Agricultural Use Requirement– REI - Restrict entry of workers in treated fields– Specify protective clothing– Notify workers of fields treated

with pesticides

http://agr.state.mt.us

WPS Label

REI

PPE for re-entry

Important Info

Montana Department of Agriculture

(406) 444-3144http://agr.state.mt.us

http://mtpesticides.org

Your local county Extension or Weed District Offices