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You are here: EPA Home Agriculture Laws & Policies Laws Federal Insecticide, Fungicide,

and Rodenticide Act

Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA)

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The objective of FIFRA is to provide federal control of pesticide distribution, sale, and use. All

pesticides used in the United States must be registered (licensed) by EPA. Registration assures

that pesticides will be properly labeled and that, if used in accordance with specifications, they

will not cause unreasonable harm to the environment. Use of each registered pesticide must be

consistent with use directions contained on the label or labeling.

Summary of Federal Insecticide, Fungicide, and Rodenticide Act

Overview of FIFRA

Tolerances and Exemptions

Registration of New Pesticides

Special Local Needs (24(c)) Registrations

Emergency Exemption From Registrations (Section 18)

Restricted-Use Classification and Certification of Applicators

Reregistration of Pesticides

Labeling Requirements

Worker Protection Standard for Agricultural Pesticides

Cancellation and Suspension of Pesticide Registrations

Pesticide Imports and Exports

Registration of Pesticide-Producing Establishments

Plant Incorporated Protectant (PIP) Rules

Pesticide Container and Containment Rule

Agriculture-Specific Requirements

Tolerances and Agriculture

Certification and Agriculture

Worker Protection Standard for Agricultural Pesticides

More Information

Related topics

Health and Safety

Pesticides

Worker Protection Standard

Related publications from the Ag Center

Biopesticides

Food Safety

Pesticides

Worker Protection Standard

Agriculture

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Last updated on 6/27/2012
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Text of law and related regulations

Federal Insecticide, Fungicide, and Rodenticide Act

Pesticide Regulations: 40 CFR Parts 150 -189

More information from EPA

Office of Pesticide Programs

OPPTS Harmonized Test Guidelines

Contact the Office of Pesticide Programs

More information from states

National Association of State Departments of Agriculture (NASDA) - representatives

of the state departments of agriculture in the development, implementation, and

communication of sound public policy and programs which support and promote the

American agricultural industry, while protecting consumers and the environment.

EZregs - University of Illinois Extension Web site that identifies environmental

regulations that pertain to specific agricultural and horticultural operations and

practices in Illinois.

FIFRA compliance and enforcement

FIFRA: Agriculture-Related Enforcement Cases

Office of Civil Enforcement

Policies and Guidance for FIFRA

Protocol for Conducting Environmental Compliance Audits: FIFRA (PDF) (138pp, 575K)

Overview of FIFRA

The first pesticide control law was enacted in 1910. This law was primarily aimed at protecting

consumers from ineffective products and deceptive labeling. When the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA) was first passed in 1947, it established procedures for

registering pesticides with the U.S. Department of Agriculture and established labeling provisions.

The law was still, however, primarily concerned with the efficacy of pesticides and did not

regulate pesticide use.

FIFRA was essentially rewritten in 1972 when it was amended by the Federal Environmental

Pesticide Control Act (FEPCA). The law has been amended numerous times since 1972, including

some significant amendments in the form of the Food Quality Protection Act (FQPA) of 1996. In

its current form, FIFRA mandates that EPA regulate the use and sale of pesticides to protect

human health and preserve the environment.

Since the FEPCA amendments, EPA is specifically authorized to: (1) strengthen the registration

process by shifting the burden of proof to the chemical manufacturer, (2) enforce compliance

against banned and unregistered products, and (3) promulgate the regulatory framework missing

from the original law.

FIFRA provides EPA with the authority to oversee the sale and use of pesticides. However,

because FIFRA does not fully preempt state/tribal or local law, each state/tribe and local

government may also regulate pesticide use.

Tolerances and Exemptions

Before EPA can register a pesticide that is used on raw agricultural products, it must grant a

tolerance or exemption. A tolerance is the maximum amount of a pesticide that can be on a raw

product when it is used and still be considered safe. Under the Food, Drug, and Cosmetic Act
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(FDCA), a raw agricultural product is deemed unsafe if it contains a pesticide residue, unless the

residue is within the limits of a tolerance established by EPA or is exempt from the requirement.

The FDCA requires EPA to establish these residue tolerances.

Tolerances and Agriculture

Food or feed residues that lack tolerances or have residues exceeding the established

tolerances are subject to seizure, and the applicators or agricultural producers are

subject to prosecution under FIFRA if misuse is found.

Related topics

Pesticides

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

40 CFR Part 158 - Data Requirements for Pesticides

40 CFR Part 180 - Tolerances and Exemptions for Pesticide Chemical

Residues in Food

Indexes to CFR Part 180 Tolerance Information for Pesticide Chemicals in

Food and Feed Commodities

Federal Food, Drug, & Cosmetic Act 408 - 409

Registration of New Pesticides

Under FIFRA Section 3, all new pesticides (with minor exceptions) used in the United States must

be registered by the Administrator of EPA. Pesticide registration is very specific; it is not valid for

all uses of a particular chemical. Each registration specifies the crops/sites on which it may be

applied, and each use must be supported by research data. Ordinarily, the manufacturer

(domestic or foreign) of the pesticide files an application for registration. The application process

often requires the submission of extensive environmental, health, and safety data.

Conditional registration may be given to some new pesticides while EPA obtains the data needed

to make a full analysis of the product. After a pesticide is registered, the registrant must also

notify EPA of any newly uncovered facts concerning adverse environmental effects (FIFRA

Section 6(a)(2)). In addition, EPA is required to periodically review pesticide

registrations, with a goal of review every 15 years. Variations of the registration requirements

exist for "minor use pesticides," "antimicrobial pesticides," and "reduced risk pesticides."

Data Requirements for Registration

The categories of data required include the product’s chemistry; environmental fate;

residue chemistry; dietary and non-dietary hazards to humans; and hazards to

domestic animals and nontarget organisms (40 CFR Part 158).

Under the "product chemistry" category, applicants must supply technical information

describing the product’s active and inert ingredients, manufacturing or formulating

processes, and physical and chemical characteristics.

Data from "environmental fate" studies are used to assess the effects of pesticide

residues on the environment, including the effect on nontarget organisms and their

habitat.

Residue chemistry information includes the expected frequency, amounts, and time of

application, and test results of residue remaining on treated food or feed.

Information under "hazards to humans, domestic animals, and nontarget organisms"
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includes specific test data assessing acute, subchronic, and chronic toxicity, skin and

eye irritation potential, and potential exposure by various routes (i.e., oral, dermal,

inhalation).

All studies must be conducted under conditions that meet Good Laboratory Practice

(GLP) standards (40 CFR Part 160). Guidelines for studies of product chemistry,

residue chemistry, environmental chemistry, hazard evaluation and occupational and

residential exposure can be found in 40 CFR Part 158.

Registration Criteria

To register a pesticide, the Administrator must find the following to be true:

its composition is such as to warrant the proposed claims for it

its labeling and other material required to be submitted comply with the

requirements of the Act

it will perform its intended function without unreasonable adverse effects on

the environment

when used in accordance with widespread and commonly recognized practice,

it will not generally cause unreasonable adverse effects on the environment.

Unreasonable Adverse Effects on the Environment

FIFRA defines an "unreasonable adverse effect on the environment" as "(1) 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, or (2) a

human dietary risk from residues that result from a use of a pesticide in or on any

food inconsistent with the standard under Section 408 of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 346a)."

Related topics

Pesticides

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

Pesticide Regulations: 40 CFR Parts 150 -189

Food Quality Protection Act (FQPA)

More information from EPA

Registering a Pesticide in the United States

Pesticide Product Information System (PPIS)

List of Pesticides Banned and Severely Restricted in the U.S.

Special Local Needs (24(c)) Registrations

Under the authority of Section 24(c) of FIFRA, states may register an additional use of a federally

registered pesticide product, or a new end-use product to meet special local needs. EPA reviews

these registrations, and may disapprove the state registration if, among other things, the use is

not covered by necessary tolerances, or the use has been previously denied, disapproved,

suspended, or canceled by the Administrator, or voluntarily canceled subsequent to a notice

concerning health or environmental concerns.

States have been granted the authority by FIFRA to issue special local needs registrations under

certain conditions, while EPA is responsible for overseeing the general program. States may

register a new end-use product for any use, or an additional use of a federally registered

pesticide product, if the following conditions exist:
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Special Local Need -- an existing or imminent pest problem within a state for which the

state lead agency, based upon satisfactory supporting information, has determined that

an appropriate federally registered pesticide product is not sufficiently available.

The additional use is covered by necessary tolerances or other clearances under the

Federal Food, Drug, and Cosmetic Act (FFDCA).

Registration for the same use has not previously been denied, disapproved, suspended, or

canceled by the Administrator, or voluntarily canceled by the registrant subsequent to

issuance of a notice of intent to cancel because of health or environmental concerns

about an ingredient contained in the pesticide product. If new data becomes available

that resolves the Agency's health or environmental concerns, a 24(c) may be submitted.

Registration is in accord with the purposes of FIFRA.

If the proposed use or product falls into one of the following categories, the state has

determined that it will not cause unreasonable adverse effects on man or the

environment:

-- Use of a product that has a composition not similar to any federally registered product

-- Use of a product involving a use pattern not similar to any federally registered use of

the same product or a product of similar composition

-- Use of a product for which other uses of the same product, or uses of a product of

similar composition, have had registration denied, disapproved, suspended, or canceled by

the Administrator.

Related topics

Pesticides

Related environmental requirements

FIFRA Section 24(c)

40 CFR Part 162

More information from EPA

Guidance Document on Special Local Needs State Registrations

Emergency Exemption From Registrations (Section 18)

Section 18 of FIFRA authorizes EPA to allow states to use a pesticide for an unregistered use for

a limited time if EPA determines that emergency conditions exist. Most requests for emergency

exemptions are made by state lead agricultural agencies, although the United States Department

of Agriculture and United States Department of Interior also request exemptions.

Emergency Exemption Process

The process generally takes place as follows. Growers in particular regions identify a

problem situation that registered pesticides will not alleviate. The growers contact

their state lead agency (usually the state department of agriculture) and request

that the agency apply to EPA for a Section 18 emergency exemption for a particular

use. Requests are most often made for pesticides that have other food uses

registered. The state agency evaluates the requests and submits requests to EPA for

emergency exemptions they believe are warranted. The uses are requested for a

limited period of time (no longer than 1 year), to address the emergency situation

only. To be as responsive as possible to the states and growers, EPA attempts to

make decisions on the requests within 50 days of receipt.

If the emergency appears valid and the risks are acceptable, EPA approves the
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emergency exemption request. EPA will deny an exemption request if the pesticide

use may cause unreasonable adverse effects to health or the environment, or if

emergency criteria are not met. As a matter of course, a state may withdraw an

exemption request at any point in the process.

Tolerances for Emergency Exemptions

Under the Food Quality Protection Act (FQPA), enacted on August 3, 1996, EPA must

establish formal tolerances (maximum allowable residue levels) to cover all pesticide

residues in food, even residues resulting from emergency uses. Tolerances established

for emergency exemption uses are time-limited to correspond to the use season. In

establishing a tolerance, EPA must make the finding that there is "reasonable

certainty that no harm" will result to human health from aggregate and cumulative

exposure to the pesticide, as required by the new FQPA health-based standard.

Establishment of these tolerances, with their expiration dates, are published in the

Federal Register.

Crisis Exemptions

If a need is immediate, a state agency may issue a crisis exemption that allows the

unregistered use for 15 days. The state notifies EPA of this action before issuing the

crisis exemption, and EPA performs a cursory review of the use to ensure that there

are no concerns. If concerns are noted, EPA confers with the state, and under

extreme cases may not allow a crisis to be declared. If the state follows up the crisis

exemption with an emergency exemption request, or has already submitted one, the

use may continue under the crisis exemption until EPA has made a decision on the

request. If the state does not also submit an emergency exemption request, EPA

must still establish the appropriate tolerance(s) for the crisis use.

Related laws and regulations

Food Quality Protection Act

Related topics

Pesticides

Related environmental requirements

FIFRA Section 18

Food Quality Protection Act (FQPA)

More information from EPA

Emergency Exemption Process Revisions - Changes in the regulations governing

emergency exemptions that allow unregistered uses of pesticides to address

emergency pest conditions for a limited time.

FIFRA Section 18 Database

FIFRA Section 18 Actions Database - Information provided includes site, the pest

posing the emergency, the state or federal agency which applied for the exemption

and the date of application and EPA's response.

Flow chart of emergency exemption process

Restricted-Use Classification and Certification of

Applicators

Under FIFRA, registrations and product labeling may restrict uses of pesticides. Each registration

specifies the crops/sites on which it may be applied, and each use must be supported by

research data. As a part of the pesticide registration, EPA must classify the product or some uses
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of the product as "restricted use" if they may cause unreasonable adverse effects even when

used as directed on the product labeling.

Restricted-use pesticides are limited to use by pesticide applicators who are certified, or to

people under the supervision of a certified applicator. Under FIFRA, states/tribes that choose to

certify pesticide applicators can submit a state/tribal plan to the EPA Administrator. The

Administrator approves the plan if it meets a number of conditions contained in FIFRA Section

11(a)(2) . In states/tribes that do not develop their own plan for applicator

certification, EPA (or in the case of tribes, the state within which the tribe is located) administers

an applicator certification program. The EPA program must also meet the conditions of FIFRA

Section 11(a)(2).

Certification and Agriculture

Certification and training regulations require pesticide applicators to meet certain

training requirements before they apply pesticides labeled "for restricted use." The

purpose is to assure proper application of the pesticide and to ensure that restrictedentry provisions protecting the health of applicators and farm workers are met.

Related topics

Pesticides

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

40 CFR Part 171

More information from EPA

Restricted-Use Products (RUP) Report

Reregistration of Pesticides

Due to concerns that much of the safety data underlying pesticide registrations becomes

outdated and inadequate, FIFRA Section 4 requires that registrations be reviewed every 15 years

and requires EPA to reregister all pesticides that were registered before 1984. The goal is to

update labeling and use requirements and reduce potential risks associated with older pesticide

active ingredients -- those first registered when the standards for government approval were less

stringent than they are today. This comprehensive reevaluation of pesticide safety in light of

current standards is critical to protecting human health and the environment.

As of 1996, EPA has made reregistration decisions on more than 130 pesticides, leaving fewer

than 250 to be reviewed. More than 200 other pesticides (and 20,000 pesticide products) have

been cancelled since reregistration began.

Reregistration Eligibility Decision (RED) documents contain the results of EPA's regulatory reviews

of pesticides initially registered before November 1, 1984. To be eligible for reregistration, a

pesticide must be found not to cause unreasonable risks to people or the environment when used

in accordance with its approved labeling. All registered pesticides also must meet the safety

standard of the Food Quality Protection Act (FQPA), which became effective on August 3, 1996.

Under this new law, EPA must consider the potential for increased susceptibility of infants and

children to the toxic effects of pesticides. The Agency also must reassess existing tolerances

(maximum pesticide residue limits in food), considering aggregate exposure to pesticide residues

from many sources and the cumulative effects of pesticides and other compounds with common

mechanisms of toxicity.

Related topics
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Pesticides

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

Pesticide Regulations: 40 CFR Parts 150 -189

Food Quality Protection Act (FQPA)

More information from EPA

Pesticide Reregistration Eligibility Decisions (REDs)

Labeling Requirements

Labeling requirements control when and under what conditions pesticides can be applied, mixed,

stored, loaded or used, fields can be reentered after application, and crops can be harvested.

Requirements are also imposed on container specifications and disposal.

Related topics

Pesticides

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

40 CFR Parts 156 to 186

More information from EPA

Consumer Labeling Initiative

Pesticide Product Label System (PPLS)

Read the Label First

Cancellation and Suspension of Pesticide Registrations

EPA can cancel a registration if it is determined that the pesticide does not comply with any of

the substantive requirements of FIFRA (Section 6). EPA initiates a cancellation

through a notice of intent either (1) to cancel its registration or change its classification, or (2)

to hold a hearing to determine whether or not its registration should be canceled or its

classification changed.

Before issuing a notice of intent, EPA must notify the Secretary of Agriculture, who provides

comments within 30 days on the cancellation’s economic effects. If comments are not received

within 30 days, EPA can publish its intent to cancel or change the classification of a registration

in the Federal Register and notify the registrant. If comments are received with 30 days, EPA can

issue the notice of intent 60 days after notifying the Secretary of Agriculture. Within 30 days the

registrant can correct the problem, or a person adversely affected by the notice can request a

hearing to present evidence and argue their case. After the hearing, EPA decides either to cancel

the registration, revoke the notice to cancel, or place new restrictions on the registration.

In cases where EPA believes that an "imminent hazard" would exist if a pesticide were to continue

to be used during the cancellation proceedings, EPA may use an emergency order to suspend the

pesticide registration and thereby the sale, distribution, and use of the pesticide. An "imminent

hazard" is defined as an unreasonable adverse effect on the environment or an unreasonable

hazard to the survival of a threatened or endangered species. The administrator then has 90

days to issue a notice of intent to cancel the registration or change its classification before the

emergency order expires.
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Related topics

Pesticides

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

More information from EPA

List of Pesticides Banned and Severely Restricted in the U.S.

Pesticide Imports and Exports

FIFRA requires that imported pesticides be subject to the same requirements of testing and

registration as domestic products. When imported pesticides arrive in the United States, FIFRA

Section 17 requires the Secretary of the Treasury to notify the EPA and to provide

samples upon request. If an import seems to be in violation of FIFRA, the pesticide may be barred

from admission, and the Secretary of the Treasury must refuse to deliver the pesticide to the

consignee. If the consignee fails to export the pesticide within 90 days of receiving notice of the

refusal of admission, the pesticide will be destroyed. The consignee is responsible for paying for

the storage, cartage, and labor on pesticides refused admission or delivery.

Exports of pesticides, however, are excluded from most parts of FIFRA (Section 17).

Producers of exported pesticides are subject to recordkeeping requirements and certain

procedures, labeling, and data requirements of FIFRA related to the safe storage, disposal,

handling, and transportation of the pesticides. In addition, if a pesticide is not registered in the

United States, the exporter must obtain a statement from the foreign purchaser acknowledging

its unregistered status before the product can be shipped.

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act

Registration of Pesticide-Producing Establishments

FIFRA (Section 7) requires that establishments producing pesticides register with

EPA. Registered establishments must report the types and amounts of pesticides they produce.

The Act also gives EPA inspection authority and enables the agency to take enforcement actions

against facilities that are not in compliance with FIFRA.

Related environmental requirements

Federal Insecticide, Fungicide, and Rodenticide Act