United States
Environmental Protection Agency
	Revised December 1976	
EPA What You
Should Know
about the

First printing June 1975

esticides have contributed substantially to man's
11-being by providing such benefits as controlling
disease carriers and improving agricultural
production However, pesticides are poisons, and
can harm human beings and their environment.
The manufacture, sale, and use of pesticides has
been regulated under the Federal Insecticide,
Fungicide, and Rodenticide Act (F1FRA) since
1947 The regulatory authorities of FIFRA were
significantly extended by a set of amendments
known as the Federal Environmental Pesticide
Control Act of 1972. FIFRA was further amended
in 1975 FIFRA of 1947 only required Federal
registration of pesticides sold m interstate commerce,
but the amended Act requires that all pesticide
products sold or distributed in this country be
registered with the U S Environmental Protection
Agency (EPA) In addition, all pesticide producers
must now register their production establishments
and keep detailed records of production and
distribution. Finally, the amended Act prohibits
the use of any registered pesticide in a manner
inconsistent with labeling instructions
hese regulations are enforced by the 10 EPA
Regional Offices supported by the EPA Pesticides
and Toxic Substances Enforcement Division in
Washington, D C They are intended to protect
people and the environment from any harmful
pesticide effects while ensuring that pesticides may
be used to the fullest extent necessary.
The Federal law requires that all pesticides intended
for sale in the United States—including imported
products—be registered with EPA To obtain a
registration, a manufacturer must submit data
to EPA showing that the product, when used as
•	Is effective against the pests listed on the label.
•	Will not injure people, animals, crops, or the
•	Will not result in illegal residues on food or feed.
Registered products must meet strict labeling
equirements which include the EPA product
registration number, the production establishment
number, an ingredient statement, the name and
address of the producer or the registrant, necessary
precautionary statements, and directions for use

After October 1977, all products will be classified
for either general or restricted use Restricted
use pesticides may be used only by, or under the
direct supervision of, a certified applicator
Statements or graphic representations on the label
may not be false or misleading If the product is
to be used on a food or feed crop, a tolerance level
for residues must be established by EPA Products
failing to comply with registration or labeling
requirements may not be sold or distributed in
the United States
For further information on product registration
U.S. Environmental Protection Agency
Office of Pesticide Programs
Registration Division (WH-567)
Washington, D.C. 20460
U. S. A.
Section 7 of the amended Act requires pesticide
producers to register each establishment in which
pesticides are produced, identifying the producing
establishment on the label or container of each
pesticide product, and to submit annual reports
To register, a producer obtains a form entitled
"Application for Registration of Pesticide-Producing
Establishments" from an EPA Regional Office or
the Pesticides and Toxic Substances Enforcement
Division in Washington, D C The completed
form is submitted to the Regional Office which
has jurisdiction over the State in which the
company's headquarters is located. After reviewing
the application, the Regional Office assigns an
establishment registration number ("EPA Est ")
For establishments involved in interstate or
intrastate commerce, this number must appear on
each pesticide released for shipment from the
production site Any new pesticide products, or
products from new establishments, must bear the
establishment registration number from the outset
of production The establishment registration
number does not replace the product
registration number—both must be included on
the pesticide label or container
Annual reports must be submitted for each
establishment detailing the types and amounts of
pesticides produced EPA is using these reports
to develop a sampling and surveillance program to
assist in enforcement

Section 8 of the amended Act requires that each
producer maintain detailed books and records of
its production and distribution. This is a significant
change over FIFRA of 1947, which permitted
Federal officials to inspect records maintained by
pesticide producers but did not prescribe what
was to be in those records. Federal regulations now
specify that records must include:
•	Brand names, registration numbers, batch
numbers and amounts per batch of all pesticides
t Brand names and quantities of all devices
•	Brand names and quantities of receipts and
shipments of pesticides or devices, as well as the
name of the originating or delivering carrier, the
name and address of the shipper, the name and
address of the consignee, and the dates of the
^eipt of shipment. Such records are required even
e transfers between plants of the same company.
•	Inventory records covering the brand names and
quantities of pesticides and devices in stock
produced by the establishment.
•	Copies of all domestic advertising of pesticides
classified for "restricted" use.
•	Copies of all guarantees indicating that the
product is registered with EPA and otherwise
complies with the Act.
•	For exports, copies of the foreign purchaser's
•	Records of the producer's disposal of pesticides
and their containers.
•	Data from any tests conducted on human beings.
•	Data on any adverse effects on human health
and the environment.
•	Research data on registered pesticides.
Records of production, shipping, product
specifications for foreign purchase, and guarantees
must be retained for two years. Records dealing
with disposal and tests conducted on humans must
be retained for 20 years or, after three years,
py may be forwarded to the appropriate EPA
regional Office. Certain records must be retained
indefinitely, including those covering unreasonable
adverse effects on the environment and research

of Establishments
New inspection powers provided by the amended
FIFRA permit EPA to more effectively prevent
adulterated or misbranded products from reaching
the consumer. Section 9 empowers EPA employees
to conduct inspections and obtain samples in any
place where pesticides or devices are held for
distribution or sale.
EPA inspectors visit about 2,000 producing
establishments each year, concentrating on
establishments not previously visited, products
not previously sampled, and establishments with
a history of violations. Other inspections cover
products produced in large volume, products
suspected of being hazardous to human health
and the environment, and products with an
established pattern of misuse.
When an EPA inspector visits a producing
establishment, he will:
•	Present credentials.
•	Give a written Notice of Inspection stating its
•	Make available a copy of the Federal pesticide mw
and any related Federal regulations, explaining
the pertinent portions.

•	Inspect and sample selected pesticides and
.vices that are packaged, labeled, and released
ror shipment
•	Check to see that a product has been registered
with EPA's Office of Pesticide Programs and that
its label agrees exactly with the label accepted at
the time of registration
•	If requested, give the agent in charge a duplicate
of any sample taken
•	Give a receipt for samples, and state that results
of any analysis will be sent to the establishment
•	Inspect books and records to determine if the
establishment is keeping the required records in an
up-to-date manner and for the time period
•	Discuss results of the inspection and explain any
actions taken, making clear that the EPA Regional
Office may take further action later
In addition to visiting producing establishments,
pesticide inspectors keep a watchful eye on the
marketplace Surveys are made at wholesale
and retail levels for unregistered products, for
cancelled or suspended products, and for products
^hose formulation stability is questionable
Under the amended FIFRA, it is a violation of
Federal law to use a pesticide in a manner
inconsistent with its labeling EPA's Pesticides
and Toxic Substances Enforcement Division may
conduct use inspections on private property with
the consent of the owner to ensure that pesticides
are being used properly In cases where evidence of
misuse exists, EPA inspectors may obtain a
warrant allowing them to inspect the premises
without the prior consent of the owner. In all
cases the legal rights of the applicator or owner
are strictly maintained.
EPA can take a number of actions if a product,
establishment, or user violates any provision of
the amended FIFRA. Minor violations—those
which are not likely to influence the product's
safe and effective use—may be handled with a
written Notice of Warning (section 9). For major
violations, the responsible party may be notified
that civil or criminal proceedings are contemplated.

In the case of serious violations—for example,
those involving sale or distribution of a produr
that is unregistered, misbranded, or adulterated,
or a product which has had its registration
canceled or suspended—EPA can also take any
of the following actions to remove the product
from the marketplace:
•	Recall. EPA can request that a company
voluntarily recall a defective product from its
customers. This is an effective action since the
manufacturer is in the best position to know where
his products have been distributed.
•	Stop Sale, Use, or Removal Order. EPA can
issue an order to stop the sale, use, or removal of
any product it has reason to believe is in violation
of the pesticide law. This order covers all material
controlled by the person receiving the order,
regardless of its location. A new tool provided by
section 13 of the 1972 Amendments to FIFRA,
it is particularly valuable since it permits quick
•	Seizure. EPA can ask the Federal District Court
to seize any product found to be in violation of the
Act. If products are in several locations, a
separate order must be issued for each location.
•	Injunction. Section 16(c) permits EPA to seek
a court injunction to prevent a manufacturer or
user from continuing to break the law. An
injunction would usually be requested only when
all other enforcement remedies have failed.
Both civil and criminal penalties are available under
section 14 for violations of the amended Act.
FIFRA of 1947 permitted only criminal penalties,
which often led to time-consuming Court
The amended FIFRA makes the following
provisions for assessing civil penalties:
•	The alleged violator must receive a complaint
setting forth the legal provisions said to have been
violated, the factual basis for the allegation, the
amount of the proposed penalty, and a notice of
opportunity to request a public hearing.
•	The respondent should file an answer to the
complaint or request a hearing within 20 days. He
may also seek settlement through informal
•	Failure by the respondent to answer within 20
days will be considered an admission of the

allegations contained in the complaint and will
re \ a default order requiring payment of the
prv jd civil penalty.
•	If a hearing has been requested or if settlement
upon all issues has not been reached informally,
a public hearing will be conducted by an
Administrative Law Judge in the county where
the respondent resides.
•	The decision of the Administrative Law Judge
becomes the final order of the Regional
Administrator within 30 days unless appealed to
the Regional Administrator or unless the
Regional Administrator orders further review.
•	The Regional Administrator will issue a final order
disposing of each civil case. The final order will
include findings of fact, conclusions reached, and
a civil penalty assessment.
•	The final order issued by the Regional
Administrator may be appealed to the U.S. Court
of Appeals.
•	All uncollected civil penalties will be turned
over to the U.S. Attorney General for collection.
Section 14(a) permits the following civil penalties:
•	;eneral, any registrant, commercial applicator,
wliorusaler, dealer, retailer, or other distributor
who violates any provision of the Act may be
assessed not more than $5,000 for each
•	Any private applicator or other person not
included in the preceding category who violates
the Act after receiving a written warning from

EPA, or following a citation for a prior violation,
may be assessed not more than $1,000 for
each offense
In setting the penalty, EPA considers the size of
the business, the penalty's effect on the ability of
the business to continue to operate, and the
gravity of the violation.
Section 14(b) permits the following criminal
•	In general, any registrant, commercial applicator,
wholesaler, dealer, retailer, or other distributor
who knowingly violates any provision of the Act
shall be guilty of a misdemeanor and shall on
conviction be fined not more than $25,000 or
imprisoned for not more than one year, or both
•	Any private applicator or other person not
included in the preceding category who knowingly
violates any provision of this Act shall be guilty
of a misdemeanor and shall on conviction be
fined not more than $1,000, or imprisoned for
not more than 30 days, or both
EPA's Office of Pesticide Programs issues
Experimental Use Permits to encourage
development of new, less hazardous, and more
effective pesticides If application of an experimental
pesticide could result in any residue on or in
food or feed, the Office of Pesticide Programs will
set a temporary tolerance or safe residue level
before issuing a permit A permit allows limited
field testing to gather data concerning effectiveness
and safety in support of an application to register
a pesticide, while providing sufficient regulatory
control to protect human health and the
environment. About 100 permits were issued
per year under FIFRA of 1947, under section 5
of the amended Act, the number has increased
because permits are now required for previously
exempt Federal and State programs.
Any pesticide under an Experimental Use Permit
must be used in accordance with the provision-
the permit Misuse of any pesticide under perr
may lead to civil or criminal penalties. Pesticide
inspectors in EPA's Regional Offices monitor the
use of material being applied under an experimental
permit, giving special attention to firms with a

»—^rd of earlier permit violations. The Office of
:ide Programs may revoke a permit at any
v. ^ if the permit is being violated, or if the
testing threatens to endanger human health or
the environment.
Disposal of excess pesticides and containers can be
a major problem for pesticide producers,
distributors, and users. As directed in section 19,
the Agency has issued recommended procedures
for the disposal and storage of pesticides,
pesticide containers, and pesticide-related wastes.
Regulations have been proposed which would
prohibit certain methods of pesticide disposal and
storage, including open dumping, open burning,
water or ocean dumping without permit, well
injection without State and EPA approval, and
storage or disposal so as to contaminate food or
feed. Meanwhile, EPA will provide advice to
pesticide producers, distributors, or users facing
a disposal or storage problem. The preferred
.disoosal method is to recover some useful value
n excess material. Some pesticides can be
returned to a manufacturer who may be able to
reuse or reprocess them, and some may be relabeled
or reformulated by a manufacturer to make them
comply with the law. Others may be exported
to a country where their use is legal. In some
cases, containers can be reused after being
thoroughly cleaned. Triple-rinsed containers may
be disposed of in a sanitary landfill. If these
alternatives are infeasible, incineration (with
chemical pretreatment as appropriate) is the
preferred method. Disposal at a specially
designated landfill is a second choice. Anyone
unable to find an adequate method of disposal
should contact the Solid Waste representative in
the nearest EPA Regional Office.
The import and export of pesticides and devices
—* regulated by section 17 of the amended
FRA. Pesticides intended solely for export
Trom the United States must be prepared and
packaged according to the specifications of the
foreign purchaser. The amended Act also requires
that a U.S. producer of pesticide exports register

his establishment(s); maintain books and records
on production, sale, and distribution; and alio*
EPA to inspect his establishments.
Pesticide products and devices imported into the
United States and the establishments in which they
are produced, however, must meet the same
requirements as domestic products and their
production establishments. An exception is made
for chemicals imported in small amounts to
undergo testing for pesticidal value. If the user
does not intend to receive any direct pest control
benefits from these chemicals, the only import
requirement is that they carry instructions for
proper handling during transportation.
Anyone planning to import pesticides or devices into
the United States should obtain a copy of "Notice
of Arrival of Pesticides and Devices" from the
appropriate EPA Regional Office. After the form
is filled in, it is returned to the regional office,
which will indicate how the shipment is to be
handled when it arrives at the U.S. port. The
completed form is then returned to the importer
or his agent.
In the past, the U.S. Customs Service reported1
pesticide imports to EPA at the time they entered
the country. Consequently, the products were often
detained while EPA determined if they complied
with the law. By permitting initial papers to be
completed before a shipment arrives, the new
procedures help speed imports to their
Upon arrival at the port, a pesticide shipment may
be released immediately if the product and all
papers are in order.

A shipment may be detained if
•	Notice of Arrival is incomplete
•	i..w Notice refuses entry of the shipment
•	The Notice orders that the shipment be examined
or analyzed to determine if it is in compliance
with the Act
The importer can avoid storage charges at the port
on shipments which are detained by posting a
delivery bond approximately equal to the value
of the shipment If a pesticide is sold or
distributed without EPA release, the delivery
bond may be forfeited
About one-fourth of the incoming shipments are
examined to determine if they are properly labeled
Some samples are collected, usually from products
never previously sampled or products of firms
with histories of violations Products previously in
violation are inspected, and samples are analyzed
to determine if they now comply with the Act.
After completing the inspection, EPA may
•	Release the shipment if it is in order
•	Order changes to bring the shipment into
•	bse entry of the shipment The importer must
then return it to the country of origin or destroy it.
State Agencies
The amended Act provides for EPA to cooperate
with State enforcement programs State agencies
are playing an increasingly important role in the
enforcement of the Act's provisions State
inspection staffs, which are larger than EPA's
and more familiar with local problems, are better
able to detect and investigate certain violations
Using a registered pesticide in a manner
inconsistent with its labeling is now prohibited,
and the States are often better equipped to
uncover and investigate misuse State inspectors
are also very effective in monitoring Experimental
Use Permits and in surveillance of retail pesticide
markets EPA makes considerable use of the
n nation it receives from State officials, and
ii. 	-ring into cooperative agreements with many
States to formally delegate authority to participate
in Federal enforcement activities Together, EPA
and the States are working to administer the

Federal law fairly, recognizing the benefits and
risks involved in using pesticides and the nef
balance and protect the interests of producer,
user, and public alike.
The amended Act also provides for cooperative
agreements between EPA and other Federal
agencies, such as the Food and Drug Administration,
the Occupational Safety and Health Administration,
the Federal Aviation Administration, and the
Fish and Wildlife Service Such inter-agency
agreements provide for the exchange of evidence
and other information for use in EPA's enforcement
program under the amended FIFRA By drawing
on the expertise and other resources of various
Federal agencies, EPA is able to achieve a more
effective enforcement program, and make the most
efficient use of Federal resources
Some definitions . . .
Pesticide: any substance or mixture of substances in-
tended for preventing, destroying, repelling, or miti-
gating any pest, and any substance or mixture of
substances intended for use in a plant regulator
foliant, or desiccant
(The term pesticide excludes those compounds classi-
fied as new animal drugs within the meaning of the
Federal Food, Drug, and Cosmetic Act)
Device: any instrument or contrivance (other than
a firearm) intended for trapping, destroying, repelling,
or mitigating any pest or any other form of plant or
animal life (other than man and other than bacteria,
viruses, or other microorganisms on or in living man
or other living animals), equipment used for applica-
tion of pesticides is excluded when it is sold separate-
ly EPA determines those devices that are subject to
the Act's provisions
Producer: the person who manufactures, prepares,
compounds, propagates, or processes any pesticide or
Producing Establishment: any place where a pesticide
or device is produced, whether it is independently
owned or operated, domestic and producing for ex-
port only, or foreign and producing for import into
the United States
Pesticide Use: any act of handling or release of a
pesticide, or exposure of man or the environme~'_t~
a pesticide through such acts as the application
pesticide, the mixing, loading, and supervisory action
in or near the area of application, and storage and
disposal actions for pesticides and pesticide containers

_ ther
For further information, consult the Regional
Office covering your State.
EPA Region I
Room 2303
John F. Kennedy
Federal Bldg,
Boston, Mass. 02203
EPA Region II
Room 1005
26 Federal Plaza
New York, N.Y. 10007
EPA Region III
6th & Walnut Streets
Philadelphia, Pa. 19106
EPA Region IV
us Cortland St., N.E.
^nta, Georgia 30308
EPA Region V
230 S. Dearborn
Chicago, Ilinois 60604
EPA Region VI
1201 Elm St.
Dallas, Texas 75270
EPA Region VII
Room 249
1735 Baltimore Avenue
Kansas City, Mo. 64108
Lincoln Tower Bldg.
Suite 900
1860 Lincoln Street
Denver, Colorado 80203
EPA Region IX
100 California Street
San Francisco, Calif. 9411
EPA Region X
1200 Sixth Avenue
Seattle, Washington 98101
... or
U.S. Environmental Protection Agency
Pesticide and Toxic Substances
Enforcement Division (EN-342)
Washington, D.C. 20460
U. S. A.