FACTS ON
U.S. ENVIRONMENTAL PROTECTION AGENCY REGION FIVE
1 N. Wacker Dr. Chicago, Illinois 60606 312-353-5800
Pesticides Branch
The purpose of the Pesticides Branch, in the Categorical Programs
Division, is to allow the use of pesticides to help produce food and fiber
and control human disease carriers while protecting the total environment
from pesticide hazards.
The branch is responsible for administering two Federal laws reg-
ulating the marketing and use of pesticides and planning for the imple-
mentation of a third law now before Congress that specifically requires
much stronger Federal-State cooperation.
These laws are the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), the Pesticide Amendment of the Federal Food, Drug, and Cosmetic
Act, and the Federal Environmental Pesticide Control Act (HR-10729).
Under the FIFRA, all pesticide products must be registered with the
EPA before they can be marketed in interstate commerce. Before registration
is granted, the manufacturer must provide scientific evidence that the pro-
duct (l) will be effective against the pest or pests listed on the label,
and (2) will not injure humans, crops, livestock, wildlife, and the total
environment when used as directed.
Region V enforces the non-registration provisions of FIFRA. If
inspectors in the field spot non-registered products, they call Washington
to determine if the product is in fact non-registered.
If non-registration is confirmed, the Pesticides Branch prepares
a case file for the Enforcement Division. The Enforcement Division reviews
the casefile and sends a citation to the violator who has 20 days to request
a hearing or respond in writing.
After the hearing, the Enforcement Division prepares the casefile
for referral to the U.S. Attorney and furnishes him support in prosecution
of the case. The maximum fine is $1,000 under FIFRA non-registered items.
In addition to non-registration, Region V handles certain mis-
labeling violations. These bring a maximum fine of $500 for each violation.
Also, procedures are being developed for seizures of non-registered products.
EPA 905-F-73-008
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As an addition protection to consumers, a section of the Federal
Food, Drug and Cosmetics Act requires that pesticides intended for use on
food or feed crops must meet special requirements for registration. Such
pesticides cannot be registered until it is determined that under the pro-
posed conditions of use they will not endanger human or animal health.
Where necessary to protect the public health, a tolerance or
safety limit is established for any residues that might remain in or on
a harvested food or feed crop as a result of the application of a chemical
for pest control.
These tolerances are based on toxicity data presented in pesticide
petitions to the Pesticide Tolerance Division of EPA and enforcement is
the responsibility of the Food and Drug Administration of the U.S. Depart-
ment of Health, Education, and Welfare.
The Federal Environmental Pesticide Control Actf which is now
before Congress, would both strengthen and broaden present legislative
authorities relating to pesticides. According to the current version of
HR 10729, all provisions are required to be effective within four years
of enactment.
* Within one year, the Administrator shall have pre-
scribed standards for the certification of pesticide
applicators.
* Within one year, the Administrator shall make effec-
tive regulations relating to the registration of
pesticiide establishments, the issuance of permits for
experimental use, and the keeping of books and records.
* Within two years, all new pesticides shall be regis-
tered in accordance with provisions of the act.
* Within three years, State plans for the certification
of pesticide applicators shall be submitted to the
Administrator for approval.
* Within four years, all pesticides registered before
enactment of the act shall be re-registered and clas-
for general or restricted use.
* Within four years, all pesticide applicators must be
certified to use or supervise the use of any restricted
pesticide.
* Within four years, all restricted use pesticides must
be registered for use only by certified applicators.
The immediate goals of the Pesticides Branch are (l) to develop
viable Regional-State cooperative programs designed to assist states in
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complying with the pro-visions of the Federal laws, (2) to improve Regional-
State procedures and capabilities for reporting and investigating pesticide-
related accidents, and (3) to provide for protecting the total environment
from pesticide hazards.
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