FIFRA

1. FIFRA Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C. §§ 136 – 136y

2. Division of responsibility • EPA retains certain direct implementation responsibility • The statute provides that the states and tribes may assume primary responsibility for certain functions • The statute directs EPA to work cooperatively on certain activities

3. Delegated Programs • EPA is directed to establish standards for programs to be delegated to the states and tribes • These standards must be consistent with the provisions of the statute • However the states or tribes may be more stringent or in broader in scope

4. Section 11 of FIFRA (7 U.S.C. § 136i) • “…. (2), the Administrator shall prescribe standards for the certification of applicators of pesticides. Such standards shall provide that to be certified, an individual must be determined to be competent with respect to the use and handling of the pesticides, or to the use and handling of the pesticide or class of pesticides covered by such individual's certification…”

5. Section 11 of FIFRA (7 U.S.C. § 136i) • “….so long as the program does not require the private applicator to take, pursuant to a requirement prescribed by the Administrator, any examination to establish competency in the use of the pesticide.” [7 U.S.C. 136i(a)(2)]

6. Section 136u of the Statute • Provides for cooperative agreements with the States and Tribes to assist in training and certifying applicators • This Section also provides for the use of the cooperative extension services for “the purpose of encouraging the training of certified applicators.”

7. 40 C.F.R. Part 171 – Certification of Applicators • Sets forth the requirements for: • Applicator certification • Standards for supervision of non-certified applicators; and, • Submission and approval of State plans

8. 40 CFR §§171.4 and 171.5 – Certification of commercial and private applicators • A key difference in these two Sections is the discussion in each on competence. • For commercial applicators the regulations provide for testing. • For private applicators testing is not required.

9. Conclusion • Regulations can be changed, but the statutory provisions are requirements to which we must adhere. • There is flexibility for each state to be more stringent or broader in scope, but ultimately state programs must conform to the broad outline of FIFRA too.