- In order to obtain a registration, the pesticide manufacturer must provide the
EPA with studies designed to ascertain the probable adverse effects of the pesti-
cide on humans. The series of tests for a typical pesticide can cost the manu-
facturer millions of dollars. - The manufacturer must demonstrate that the pesticide ‘‘will perform its
intended function without unreasonable adverse effects on public health or the
environment,’’ which is defined as ‘‘any unreasonable risk to man or the envi-
ronment, taking into account the economic, social, and environmental costs
and benefits of the use of any pesticide.’’^52 - Pesticides cannot be registered for use on food crops or animal feed until the
EPA has determined residue tolerance levels—maximum allowable residues of
chemicals. The Food and Drug Administration’s (FDA) Federal Food, Drug,
and Cosmetic Act provides authority for setting and monitoring tolerance lev-
els. The FDA monitors residues and the EPA sets tolerance levels. In request-
ing tolerance levels, the manufacturer must provide the EPA with health data.
These are usually drawn from animal studies conducted by the manufacturer.^53
State Pesticide Regulations
State laws typically supplement or duplicate federal laws; however, in some in-
stances, state laws are stricter than federal laws. Consequently, compliance with state
laws often assures compliance with federal laws. Both federal and state laws provide
for criminal prosecution and can impose penalties such as fines or imprisonment. In
addition, common-law actions such as lawsuits also influence pesticide use. Common-
law actions are for civil wrongs. Such actions are initiated by those who have suffered
injury, or whose property has been damaged as the result of the acts or omissions of
the pesticide user.
Under FIFRA and other federal regulations governing pesticide use, state agencies are
authorized to 1) implement enforcement of federal regulations, and 2) assume responsibi-
lity for training and monitoring pesticide applicators. Additionally, state agencies enforce
state laws regulating the sale and distribution of pesticides. Most state registration laws are
limitedtothecollectionofafeetoallowthesaleofapesticideproductinthestate,assum-
ing the manufacturer has obtained an approval label under federal registration standards.
In some states, pesticide laws may exceed the minimum standards prescribed under federal
law, and additional review of pesticide products is required before use in the state is
approved. In the case of pesticide applicator certification, some states implement mini-
mum standards that are required by the EPA, while other states implement standards of
certification that exceed federal standards.
In California, a unique system of pesticide laws regulates the use of state-designated,
restricted-use pesticides. In this system, site-specific permits must be obtained to apply
restricted pesticides and recommendations for such treatments can be made only by
licensed pest control advisors.
The Pesticide Problem | 15