Pesticide Regulations for Organic Growers

1. Pesticide Regulations for Organic Growers • Gary FishMaine Board of Pesticides Control28 State House StationAugusta ME 04333-0028(207)287-2731gary.fish@maine.gov

2. ? Do organic growers use pesticides? • Over 25% of OMRI listed products are pesticides • From Acetic AcidtoYucca • Many are not registered for use in Maine

3. What is a pesticide? • Any substance or mixture of substances intended for: • preventing, • destroying, • repelling, or • mitigatingany pest • Or, any plant regulator, defoliant or desiccant. • Does not include fertilizers or nutrients

4. What are pesticides? • Disinfectants & bleaches • Herbicides • Rat & mouse baits • Fungicides

5. What are pesticides? • Insecticides • Botanicals • Biological controls • Deer and rabbit repellents

6. Acetic acid Animal repellents Bacillus thuringiensis Beauveria bassiana Biological controls Boric acid Botanical pesticides Calcium polysulfide Chlorine dioxide Chlorine materials Compost tea? Copper products Corn gluten Cytokinins D-limonene Diatomaceous earth Disinfectants Ferric phosphate Nonsynthetic fungicides Garlic Gibberellic acid Nonsynthetic herbicides Hydrogen peroxide Inoculants OMRI categories that are commonly pesticides

7. Lime sulfur Microbial products Mined minerals (Surround) Neem extract & oils Nonsynthetic nematicides Narrow range oils Nonsynthetic oils Peracetic acid Pheromones Plant extracts Potassium bicarbonate Pseudomonas Pyrethrum Sanitizers Seed treatments Soap Sodium carbonate Spinosad Streptomycin sulphate Sulfur Tetracycline Trichoderma Virus sprays Yucca OMRI categories that are pesticides - continued

8. Calcium & Sodium hypochlorite Copper sulfate Vitamin D3 Ethylene gas Other substances listed by USDA/NOSB that are pesticides

9. What are the Laws? • Federal EPA – FIFRA + Regulations • State BPC – Title 7 & Title 22 + Regulations • Maine like most states has stricter regulations than Federal EPA

10. Who is on the board? • 2 general public members with demonstrated interest in environmental protection (Charles Ravis & Curtis Bohlen) • 1 medical doctor (Carol Eckert) • 1 agronomist or entomologist from U Maine (John Jemison) • 1 forestry specialist (Dan Simonds) • 1 commercial applicator (Richard Stevenson) • 1 private applicator (grower) (Tom Qualey)

11. BPC major programs affecting organic growers • Pesticide Registration • Worker Protection Standard • Enforcement

12. Pesticide Registration

13. All pesticides must be registered by both: • EPAand • BPC

14. FIFRA 25(B)-exempt from EPA registration but not exempt from BPC registration

15. Pesticide Registration - Pesticide Labeling • Labels are legal documents that provide directions for pesticide mixing, application, storage & disposal • Users must comply with all instructions on the pesticide label & labeling • FIFRA 2ee

16. Once registered a product gets an EPA registration number • The EPA Reg. No. identifies • Specific set of active ingredients, concentrations and formulation • Who makes it and who sells it • For example: EPA No. 4816-688-8323 4816 company number 688 product number 8323 distributor number

19. Pesticide Classifications • General Use – Lower risk, available over-the-counter • Restricted Use – Higher risk, only available at licensed dealerships for purchase by licensed applicators • Limited Use – Higher risk, only available by special permit

21. = X Toxicity Exposure

22. Even organic products are toxic!

23. “All substances are poisons; there is none which is not a poison. The right DOSE differentiates a poison from a remedy.” –Paracelsus (1493-1541)Even too much water can kill – over 1.5 liters/hour

24. Signal Words Danger Warning Caution Higher hazard Moderate hazard Lower hazard One way to quickly assess the risk?

25. How is risk reduced?- PPE

26. EPA Worker Protection Standard • Information at a “central location” • Pesticide safety training • Personal protective equipment (PPE) • Decontamination supplies • Notification • Emergency assistance • Information exchange between commercial applicators and agricultural employers

27. Who can do WPS pesticide safety training for Agricultural Workers? • BPC or UMCE • Licensed applicators • Growers that have attended a “WPS Train-the Trainer” session • Employees trained as Pesticide Handlers

28. The signal word DANGER alone means that the pesticide’s greatest hazard is that it is corrosive to eyes and/or skin

29. PPE is required and may indicate need for additional protections When protective eyewear is required, applicators/handlers must carry at least 1 pint of eyeflush with them during the application

30. This section of the label shows some of the WPS requirements

31. Crop specific directions must be on the label and must be followed • Most labels have maximum application rates and maximum number of applications per year

32. Who you might see? Max No Man’s Land • Gene Meserve - Southern & Western • Brian Barrett – Mid Coast & South Central • Arthur Shaw – Downeast • John Haley – North Central • Max Miller - Aroostook John Arthur Brian Gene

33. Major Elements of the Drift Regulation • Applicator must first identify sensitive areas • Applicators must calibrate equipment • Maximum wind speed • Residue standard

34. Drift Regulations • Only applies to powered applications • Requires applicators to minimize drift to the maximum extent practicable • But, drift can be a problem with any type of application • Even granular or non-powered sprays

35. New drift regulations for 2010 • Start with the new definition of Sensitive Areas Likely to Be Occupied or SALO (Chapter 10) • Basically it’s any normally occupied building (residential, commercial or institutional) together with associated areas – such as lawns, gardens and recreational areas – where humans are likely be present, and • Maintained recreational areas such as campgrounds, picnic areas, parks, athletic fields

36. New drift regulations for 2010 • Slight change in the requirements for identifying Sensitive Areas • “Yes” in the record book does not fulfill the requirement • Prior to spraying with powered equipment outdoors, applicators must record: • the existence • type, and • location • of Sensitive Areas within 500 feet of the application site

37. Record of Sensitive Areas • Note houses on north side of Center Road Note oat field on west side of Field Road Note stream on south side of potato field Center Road Field Road Neighbor’s Oats Potatoes N

38. New drift regulations for 2010 • New standards for aerial application • Positive site ID (GPS or visible site markings) • Site plan prior to spraying within 1000 feet of a SALO • Pre-flight application checklist required when spraying within 1000 feet of a SALO • Buffer zones should be used adjacent to SALOs • Wind restrictions next to SALOs (2 – 10 mph)

39. New drift regulations for 2010 • New standards • Prima facie evidence of violation reduced from 20% residue to 1% residue on SALOs • Standards of harm • Drift onto organic or conventional crops • Residues detected on persons or vehicles using public roads • Documented human illness from drift • Enforcement considerations • Standard of care exercised • Degree of harm • Risk of adverse effects from the pesticide used

40. Do not spray when the wind exceeds 15 mph

41. Notification Requirements • These rules are currently in flux • If requested, must notify neighbors within 500 feet about outdoor applications • Air-carrier applications require pre-season notice to all abutters and notification of neighbors on the on-line new registry • Must provide notice of the following: • Approx. date • pesticide(s) to be applied • how applied • who to contact for additional information

42. Standards for Water Quality Protection • No broadcast application of pesticides within 25 feet of surface waters • No mixing, loading pesticides within 50 feet of surface water • Must have anti-siphon device on water pumping systems • Must secure pesticides on vehicles • Must clean up spills immediately

43. Pesticide Record Keeping Requirements • All Commercial Agricultural Producers must keep records of all pesticide applications • Commercial Agricultural Producer = Anyone who tries to make money producing plants, animals or animal products

44. All Pesticide Applications! • General, restricted & limited use pesticides • Powered & non-powered applications • Granules, liquids, foggers & aerosols • Biological & organic pesticides • All application sites – crops, animals & buildings • Indoor & outdoor application sitesIf it has an EPA No. and you use it in your business, KEEP A RECORD.

45. Why keep records • Helps with legal disputes • Helps prevent duplication of errors • Helps the applicator zero in on success • Helps with planning for pesticide purchases

46. What must be recorded – Pesticide Key

47. What Must be Recorded - Applicator Log Book Applicator Name(s): Company Name: License Number(s): Date Start Time Address Town/ Field Location Size of Treated Area Wind Weather Conditions Rate Description Sensitive Area Yes/No Application Method Target Pest Pesticide(s) and Diluent Applied Finish Time Site or Crop Temp Mix Ratio Speed & Direction Cloud Cover Time Noted Undiluted Mix

48. Other Application Record Requirements? • Application records must be kept on file for two years • Records must be available for inspection upon request • No reports are required to be sent to the BPC by private growers

49. Critical Pesticide Control Area Law • The Board may restrict or prohibit pesticide use in designated areas • Persons may petition the Board • Requires medical or ecological proof of need

50. Pesticide Label Exercise • Pyganic Label.pdf