Federal Insecticide, Fungicide, and Rodenticide Act

7 USC 136 et seq.; P.L. 80-104; 61 Stats. 163; April 26, 1910

Note: The Federal Insecticide, Fungicide, and Rodenticide Act was enacted in 1947. The law was originally known as the Federal Insecticide Act (FIA) of 1910 (June 25, 1910, P.L. 6-152), but it underwent significant amendments in 1947 that led to its current form as FIFRA.

Historical Context:

The Federal Insecticide Act (FIA) of 1910 was the first pesticide legislation enacted. This legislation ensured quality pesticides by protecting farmers and consumers from fraudulent and/or adulterated products by manufacturers and distributors (a consumer protection statute). During the mid-20th century, there was a growing concern about the health and environmental risks associated with the widespread use of pesticides, herbicides, and other chemicals. Prior to the enactment of FIFRA in 1947, there was no federal regulation of these substances, and they were often marketed without proper testing or labeling.

In the years that followed, several incidents occurred that heightened public concern about pesticide use, such as the publication of Rachel Carson's Silent Spring in 1962, which highlighted the environmental and health risks of pesticide use. These events ultimately led to the passage of major amendments to FIFRA in 1972 and subsequent years.

Regulatory Structure:

FIFRA establishes a comprehensive regulatory framework for the registration, distribution, and use of pesticides in the United States. The law requires all pesticides to be registered with the EPA before they can be sold or distributed, and it sets forth standards for testing and labeling of these products.

The EPA is responsible for implementing and enforcing FIFRA, and it has established a rigorous review process for pesticide registration. This process includes a thorough evaluation of the potential risks and benefits of the product, including its effects on human health and the environment.

Once a pesticide is registered, FIFRA sets forth strict requirements for its labeling, distribution, and use. The law prohibits the sale or distribution of unregistered pesticides, and it imposes significant penalties for violations of its provisions.

In addition to the federal regulatory framework established by FIFRA, many states have their own pesticide regulations that are enforced by state agencies. These regulations may be more stringent than federal requirements, and companies that produce or distribute pesticides must comply with both federal and state regulations.

Major Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act:

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has undergone several significant amendments since its enactment in 1947. Some of the major amendments include:

  1. The Federal Environmental Pesticide Control Act (FEPCA) (October 21, 1972, P.L. 92-516): This amendment was passed in 1972 and brought about major changes in FIFRA, such as the establishment of the Environmental Protection Agency (EPA) to regulate pesticides and the requirement for all pesticides to be registered with the EPA.

  2. The "FIFRA Amendments of 1973" (December 28, 1973, P.L. 93-205): This amendment significantly revised the original FIFRA of 1947. It required the registration of all pesticides and established a system of testing and evaluation to ensure their safety. It also created a new category of "restricted use" pesticides that could only be used by certified applicators. The amendment also gave the Environmental Protection Agency (EPA) the authority to regulate the distribution, sale, and use of pesticides and established penalties for violations.

  3. The "FIFRA Amendments of 1975" (November 28, 1975, P.L. 94-140): This amendment made further changes to FIFRA, including the requirement that all pesticides be registered with the EPA, and the establishment of procedures for the cancellation and suspension of pesticide registrations. It also gave the EPA the authority to require additional data on pesticides and to regulate their use in sensitive areas like schools and hospitals.

  4. The Federal Pesticide Act of 1978 (September 30, 1978, P.L. 95-396): This amendment expanded the EPA's authority to regulate the distribution and use of pesticides. It also established a new category of "general use" pesticides that could be sold to the general public without a certification requirement, as long as they were labeled with appropriate use instructions.

  5. The Pesticide Registration Improvement Act of 1988 (PRIA) (October 25, 1988, P.L. 100-532): This amendment made several changes to FIFRA, including requiring the re-registration of all pesticides and the establishment of a new fee-based system to fund the EPA's pesticide registration and review process. It also strengthened the EPA's authority to regulate pesticides, including the ability to impose interim restrictions on pesticides that may pose unreasonable risks to human health or the environment.

  6. The "FIFRA Amendments of 1991" (December 13, 1991, P.L. 102-237): This amendment further strengthened the EPA's authority to regulate pesticides and required additional data on their potential health and environmental effects. It also established a new system of worker protection standards for agricultural workers who handle pesticides, and required the EPA to develop a program to encourage the development and use of safer pesticides.

  7. The Food Quality Protection Act (FQPA) (August 3, 1996, P.L. 104-170): This amendment was passed in 1996 and brought about significant changes to FIFRA's regulatory framework, such as the requirement for the EPA to consider the cumulative effects of pesticides and other substances that have a common mechanism of toxicity.

  8. The Pesticide Registration Improvement Act (PRIA) (December 21, 2003, as part of the Consolidated Appropriations Act, 2004, P.L. 108-199): This amendment was passed in 2003 and has since been reauthorized several times. It established a fee-for-service program to help fund the EPA's pesticide registration program and to expedite the review process for pesticide applications. The most recent reauthorization of PRIA was enacted on March 8, 2019, as part of the Consolidated Appropriations Act, 2019 (P.L. 116-6). This reauthorization is known as PRIA 4. Previous reauthorizations of PRIA include PRIA 3, which was enacted on February 7, 2014, as part of the Agricultural Act of 2014 (P.L. 113-79); PRIA 2, which was enacted on March 8, 2007, as part of the Food and Energy Security Act of 2007 (P.L. 110-246).

  9. The Pesticide Registration Enhancement Act (PREA) (November 28, 2003, P.L. 108-170): This amendment was passed in 2003 and required the EPA to establish a program to expedite the review of pesticides for public health emergencies.