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Reeves Petroff Pesticide Education Specialist Montana Cooperative Extension Service. http://mtpesticides.org. Federal Pesticide Laws and Regulations. Pesticides. Insecticides Herbicides Fungicides Avicides Rodenticides. Many Federal & State Laws deal with pesticides
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Reeves Petroff • Pesticide Education Specialist • Montana Cooperative Extension Service http://mtpesticides.org
Pesticides • Insecticides • Herbicides • Fungicides • Avicides • Rodenticides
Many Federal & State Laws • deal with pesticides • Federal Insecticide, Fungicide, Rodenticide Act • 1990 Farm Bill - Federal Recordkeeping • SARA Title III • Worker Protection Standard • Occupational Safety & Health Act • Endangered Species Act • Coastal Zone Management Act • Transportation Regulations
Federal Pesticide Laws and Regulations Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 1990 Farm Bill
FIFRA’s Major Provisions • EPA establishes national standards for safe: • use • transportation • storage • disposal of pesticides • State can enact standards that exceed federal standards
FIFRA’s Major Provisionscont. • All pesticides must be registered by EPA • Pesticides are classified as either - “general use pesticides” - “restricted use pesticides” (RUPs)
FIFRA’s Major Provisionscont. • Definition of Misuse “to use any pesticide inconsistent with its labeling.”
Misuse does NOT include: Use of pesticides for a pest not on the label if the crop, animal or site is on label
Misuse does NOT Include: Using any method of application, unless expressly forbidden by the label
Misuse does NOT Include: Use of a pesticide at dosages less (but not more) than labeled dosage or frequency
Federal Pesticide Recordkeeping (1990 Farm Bill) • RUP records must be kept by all applicators (private & commercial) • Commercial applicators must provide RUP spray records to their clients
As a certified private pesticide applicator, you are responsible for keeping records for all RUP applications that you make. • You must record the application information within 14 days of the application and….. • You must keep these records for 2 years following the application.
What information must you record? • There is no standard form • But there is a standard format
Recordkeeping format – Page 5 • Name of applicator and applicator ID number • Date when application was made • Location • Size of the area treated • Crop or site sprayed • Amount of RUP used • Product or trade name of pesticide used • EPA Registration Number
Name of applicator and applicator ID number This Number Not This one!!!
Date when application was made • Month/ Day and year • Be precise…. May 23, 2002 • Not: • Sometime in May • Between May 22 and May 28
Location • Actual location of the spraying & not the farm address!! • Any method can be used • USDA Maps • Latitude/Longitude • Applicator maps
Location Goal: To identify a site that you sprayed for at lease 2 years following the application.
Size of the area treated • Use simple calibration formula (Must know GPA) • Volume used ÷ GPA = acres treated 400 Gallons used = 20 acres 20 Gallons Per Acre 2 gallons used = 0.025 acres 80 GPA
Crop or site sprayed • Language of the label • Rangeland, wheat, barley, fenceline, etc
Amount of RUP used • Calibration formula and acres treated • Acres treated x rate used • 20 acres x 1 pint per acre = 20 pints used • 0.025 acres x 16 oz. = 0.4 oz. used
Product or trade name of pesticide used • Tordon 22K is the trade or brand name • Picloram is the common name
Recording a Spot Treatment • “Spot application" is an application(s) of a restricted use pesticide made on the same day to a sprayed area of less than 1/10 acre. (4,356 ft2 or 66 x 66 ft.) • Let your calibration help you. • Ex. Your backpack is calibrated to 50 GPA • With 5 gallons you should spray 1/10 acre (5 gallons ÷ 50 GPA = 0.1 or 1/10 of an acre
Spot Treatments Field 6 as designated on a farm map. Spot Treatments Suppose you sprayed a full 5 gallons in Field #6 You don’t need to record a location every time you pull the trigger! “Spot Applications for noxious weeds throughout field 6.”
Spot Treatments • Location must be designated as "spot application," followed by a concise description of the location • Examples: • Spot application, leafy spurge in fields number 5 and 6. • Spot sprayed for weeds next to equipment shed • Spot sprayed for weeds along fenceline by county road.
State Laws • Montana Pesticides Act • Montana Agricultural Chemical Groundwater Protection Act • Montana Water Quality Act • Montana Food, Drug and Cosmetic Act • Montana Clean Air Act • Montana Solid Waste Laws
Montana Pesticides Act • All EPA registered pesticides used in Montana must also be registered with the Montana Department of Agriculture (MDA). • MDA is given the authority to sample, inspect and make analysis of pesticides distributed within Montana Montana Agricultural Chemical Groundwater Protection Act • Gives MDA the authority to License both private and commercial applicators
Montana Water Quality Act • It is unlawful to pollute any state waters, or to place or cause to be placed any wastes, in a location where they will cause pollution of state waters. • MWQA would be applicable where water treated with aquatic herbicides were allowed to pollute state waters.
Montana Clean Air Act • Burning of pesticide containers (cardboard, paper bags, plastic bags, etc.) is prohibited.
Montana Solid Waste Laws • Prohibits the disposal of any solid waste in any location not licensed as a solid waste disposal site by the DEQ. This includes pesticide containers
The Worker Protection Standard forAgricultural Pesticides (revised 1992) • Product labels modified to restrict entry of workers in pesticide-treated fields, specify protective clothing, and notify workers of fields treated with pesticides • Employers must provide safety training, sites for decontamination, and emergency treatment