Montana Pesticide Education & Safety Program (MT PESP) mtpesticides.org

Laws and Regulations

Pesticides Insecticides Herbicides Fungicides Avicides Rodenticides Molluscicide??

Brandon Times July 16, 1874 – Brandon, Wisconsin

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

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

Federal Pesticide Laws & Regulations Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 1990 Farm Bill Worker Protection Standard

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

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

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

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

FIFRA also establishes standards for pesticide labels

FIFRA’s Major Provisions cont. u Definition of Misuse “to use any pesticide inconsistent with its labeling.”

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

Use any method of application, unless forbidden by the label

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

u RUP records must be kept by all applicators (private & commercial) u Commercial applicators must provide RUP spray records to their clients Federal Pesticide Recordkeeping (1990 Farm Bill)

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 1.Name of applicator and applicator ID number 2.Date when application was made 3.Location 4.Size of the area treated 5.Crop or site sprayed 6.Amount of RUP used 7.Product or trade name of pesticide used 8.EPA Registration Number

Name of applicator and applicator ID number

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.

User derived location

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 = 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 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

EPA Registration Number

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 ft 2 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. You don’t need to record a location every time you pull the trigger! “Spot Applications for noxious weeds throughout field 6.” Spot Treatments Suppose you sprayed a full 5 gallons in 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.

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 State Laws

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

Losing Your License oFail to keep license current! oSell or give away any pesticide! oIncludes restricted-use herbicides – Tordon 22K. oFail to keep records of restricted-use pesticide use! oMake false records of restricted-use applications. oMake false statements involving pesticide misuse. oUse pesticides off label. FINES

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. Private Applicator (Farm) License

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).

Buying RUP’s Employees? Family members? Triple rinse within 48 hours Destroy the container Dispose within 90 days Containers?

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

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. Water treated with aquatic herbicides. Noxious weeds adjacent to river

Montana Clean Air Act Burning of pesticide containers (cardboard, paper bags, plastic bags) 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 (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

WPS Label REI PPE for re-entry

Important Info Montana Department of Agriculture (406) Your local county Extension or Weed District Offices