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Laws and Regulations

Laws and Regulations

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Laws and Regulations

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  1. Lawsand Regulations

  2. Pesticides • Insecticides • Herbicides • Fungicides • Avicides • Rodenticides • Molluscicide??

  3. Federal Insecticide Act of 1910 • Ensure the quality of pesticide chemicals • Inspections, seizure of products and prosecution • Set standards for manufacture of lead arsenate, insecticides and fungicides

  4. Federal Insecticide, Fungicide, Rodenticide Act • 1990 Farm Bill - Federal Recordkeeping • Worker Protection Standard • SARA Title III • Occupational Safety & Health Act • Endangered Species Act • Coastal Zone Management Act • Transportation Regulations

  5. FIFRA (1947) Federal Insecticide Fungicide and Rodenticide Act MDA enforces FIFRA for EPA

  6. State can enact standards that exceed federal standards FIFRA’s Major Provisions use transportation storage disposal of pesticides

  7. FIFRA’s Major Provisions All pesticides must be registered by EPA Pesticides are classified as • general use pesticides • or - restricted use pesticides (RUPs)

  8. RUP Danger General use pesticides - purchased, used by anyone Restricted Use Pesticides - purchased, used by certified applicators • hazardous enough to limit sale • potential for human injury & environmental impact Tordon 22K, Hoelon 3EC, Furadan, Warrior, Phostoxin

  9. FIFRA also establishes standards for pesticide labels

  10. FIFRA’s Major Provisionscont. • Definition of Misuse “to use any pesticide inconsistent with its labeling.”

  11. But You Can: Use of pesticides for a pest not on the label if the crop, animal or site is on label

  12. Use any method of application, unless forbidden by the label

  13. Use of a pesticide at dosages less (but not more) than labeled dosage or frequency

  14. 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

  15. 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.

  16. What information must you record? • There is no standard form • But there is a standard format

  17. 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

  18. Name of applicator and applicator ID number This Number Not This one!!!

  19. Date when application was made • Month/ Day and year • Be precise…. May 23, 2002 • Not: • Sometime in May • Between May 22 and May 28

  20. Location • Actual location of the spraying & not the farm address!! • Any method can be used • USDA Maps • Latitude/Longitude • Applicator maps

  21. Location Goal: To identify a site that you sprayed for at lease 2 years following the application.

  22. 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

  23. Crop or site sprayed • Language of the label • Rangeland, wheat, barley, fenceline, etc

  24. 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

  25. Product or trade name of pesticide used • Tordon 22K is the trade or brand name • Picloram is the common name

  26. EPA Registration Number

  27. 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

  28. 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.”

  29. 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

  30. Pesticides registered with EPA and MDA Montana Pesticides Act MDA can sample, inspect & analyze pesticides used in Montana

  31. FINES Losing Your License • Fail to keep license current! • Sell or give away any pesticide! • Includes restricted-use herbicides – Tordon 22K. • Fail to keep records of restricted-use pesticide use! • Make false records of restricted-use applications. • Make false statements involving pesticide misuse. • Use pesticides off label.

  32. Private Applicator (Farm) License • Allows you to….. • apply restricted-use pesticides to ground that you own, rent, or lease • apply general-use pesticides to ground that you own, rent, or lease and that of their immediate neighbor - not done commercially.

  33. You Cannot…  …..apply pesticides commercially.  …..apply restricted-use pesticides on land that you do not own, rent, or lease.  …..sell or give away pesticides  …..give your permit to non-family members or non-employees to buy restricted-use pesticides (RUP).

  34. Containers? Administrative Rules of Montana (ARM) Buying RUP’s Employees? Family members? Triple rinse within 48 hoursDestroy the container Dispose within 90 days

  35. Establishes water quality standards for agricultural chemicals Allows for groundwater monitoring Montana Agricultural Chemical Groundwater Protection Act

  36. Water treated with aquatic herbicides. Noxious weeds adjacent to river Montana Water Quality Act It is unlawful to pollute any state waters, or to place anything in a location that will cause pollution of state waters.

  37. Montana Clean Air Act Burning of pesticide containers (cardboard, paper bags, plastic bags) is prohibited.

  38. This includes pesticide containers 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.

  39. http://agr.state.mt.us The Worker Protection Standard (WPS) • Employers/producers of agricultural crops • provide safety training • sites for decontamination & emergency treatment • Product labels • Agricultural Use Requirement • REI - Restrict entry of workers in treated fields • Specify protective clothing • Notify workers of fields treated with pesticides

  40. WPS Label REI PPE for re-entry

  41. Important Info Your local county Extension or Weed District Offices Montana Department of Agriculture (406) 444-3144 http://agr.state.mt.us http://mtpesticides.org

  42. The End