Federal pesticide laws chapter 3 Flashcards
(131 cards)
1
Q
What agency regulates pesticides in the U.S.?
A
Environmental Protection Agency (EPA)
Established by the U.S. Congress in 1970
2
Q
What act provides the EPA with authority to regulate pesticides?
A
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Enacted in 1947 and amended several times
3
Q
What is the most important amendment to FIFRA?
A
1972 Federal Environmental Pesticide Control Act (FEPCA)
Focuses on public health and environmental protection
4
Q
What does FIFRA govern regarding pesticides?
A
Registration (licensing) of pesticides
Requires EPA approval before pesticides can enter trade
5
Q
What must each pesticide use receive from the EPA?
A
EPA approval
Also requires an EPA registration number
6
Q
What is the purpose of FIFRA regulations?
A
To ensure pesticides do not cause unreasonable human health or environmental effects
When used according to label directions
7
Q
What are the two classifications of registered pesticides under FIFRA?
A
General use and restricted-use
General use can be used by anyone; restricted-use requires a license
8
Q
Fill in the blank: The Federal Insecticide, Fungicide, and Rodenticide Act requires the EPA to register all pesticides and approve product _______.
A
labels
9
Q
True or False: States can set less strict standards for pesticide use than federal laws.
A
False
States may set stricter standards
10
Q
What is the role of the Office of Pesticide Programs (OPP)?
A
Regulates pesticides under the EPA
Operates under the authority of FIFRA
11
Q
What certification is required for users of restricted pesticides?
A
Users must be certified as either ‘private’ or ‘commercial’ applicators, or work under the direct supervision of a certified applicator.
Certification is carried out by the states utilizing Extension Service Specialists and County Extension Agents (CEA’s) to train license candidates.
12
Q
What does FIFRA set regarding pesticide residues?
A
It sets tolerances for pesticide residues on raw agricultural products or in processed food.
13
Q
What are the penalties for using pesticides ‘inconsistent with the label’?
A
Fines can range from $1,000 to $5,000 for each offense, depending on whether the violator is a private or commercial applicator,
14
Q
Is it legal to store or dispose of pesticides in a way that violates regulations?
A
No, it is illegal and sets penalties for illegal container handling.
15
Q
What civil penalties can be imposed for unknowingly violating a regulation?
A
Fines of up to $1,000 for private applicators and up to $5,000 for each offense by commercial applicators.
16
Q
What right do individuals have before the EPA can impose fines?
A
The right to ask for a hearing in their own city or county.
17
Q
What are the maximum penalties for knowingly violating the law as a private applicator?
A
Up to $1,000 and 30 days in jail.
18
Q
What are the maximum penalties for commercial applicators who knowingly violate the law?
A
Fines up to $25,000 and up to 1 year in jail.
19
Q
Can states establish more permissive standards than FIFRA?
A
No, they can only establish stricter standards.
20
Q
What authority does FIFRA give the EPA?
A
The authority to register pesticides and to develop regulations.
21
Q
What are regulations in the context of FIFRA?
A
Regulations are interpretations of the law and have the force of law.
22
Q
Where are the current EPA regulations published?
A
In the Code of Federal Regulations, Title 40, parts 150-189.
23
Q
What are the three current EPA regulations mentioned?
A
They include:
* reentry standards for treated areas
* standards for worker protection
* consumer protection measures.
24
Q
What is defined as a restricted entry interval (REI)?
A
The minimum amount of time which must pass after the application of a pesticide before unprotected persons may enter the treated area.
25
What does the regulation state regarding unprotected persons during pesticide application?
No unprotected person may be in the treated area during pesticide application.
26
What type of pesticide application is prohibited?
No pesticide application is permitted that will expose any person to pesticides, either directly or through drift (except protected workers involved in the application).
27
What must be followed if labeling for reentry is stricter than general standards?
Label restrictions must be followed.
28
When can treated areas be reentered if no reentry time is specified?
Treated areas may be reentered without protective clothing after the spray has dried or the dust has settled.
29
What must be provided to workers regarding pesticide applications?
Appropriate and timely warnings of pesticide applications must be given to workers, either verbally, in writing, or both.
30
What must warnings be in for workers?
Warnings must be in a language understood by the workers.
31
What can the EPA require for workers who mix, load, and apply pesticides?
EPA can require:
* Annual training for handlers and workers
* Minimum age for handler and worker tasks
* Personal protective clothing and equipment
* Use restrictions or certification for applicators
* Prohibition of certain formulations
* Engineering controls
* Label warnings about health risks
* Restrictions on rates and frequency of applications
* Prohibition of certain application methods
* Other pest control practices.
32
What are some examples of personal protective equipment?
Examples include:
* Chemical-resistant suits
* Gloves
* Hats
* Respirators.
33
What can the EPA require to protect workers who reenter treated areas?
EPA can require:
* Reentry intervals
* Restrictions on formulation or application rates.
34
Fill in the blank: Appropriate and timely warnings of pesticide applications must be given to workers, either _______ or in writing, or both.
verbally
35
True or False: The EPA can prohibit certain application methods such as chemigation or backpack sprayers.
True
36
What is a verbal notice or posting of signs used for in pesticide treatment?
To warn workers or occupants that a treatment has occurred
## Footnote
This is a safety measure to inform individuals about pesticide applications.
37
What can EPA require to protect consumers of crops treated with pesticides?
EPA can require:
* Longer preharvest intervals (PHIs)
* Changes in the manufacturing process of pesticides
* Restrictions on rate and frequency of applications
## Footnote
These measures help ensure pesticide residues dissipate and reduce contaminants.
38
What actions can the EPA take regarding high-risk pesticide uses?
EPA can:
* Cancel or deny registration
* Phase out a pesticide
* Suspend the use of a pesticide pending decision
## Footnote
These actions aim to protect public health and spur alternative solutions.
39
How many pesticide products has the EPA registered under FIFRA?
About 25,000 pesticide products
## Footnote
This number reflects the extensive regulation of pesticide use in the U.S.
40
What must the EPA consider when setting residue tolerances for new pesticides?
EPA must consider:
* All non-occupational sources of exposure
* Exposure to other pesticides with a common mechanism of toxicity
* Safety for children
## Footnote
This comprehensive approach ensures public health safety.
41
What does the EPA require from manufacturers when evaluating pesticides?
Manufacturers must conduct tests to assess potential harm to:
* Humans
* Fish
* Wildlife
* Endangered species
## Footnote
This includes evaluating acute toxic reactions and long-term effects.
42
What are potential human risks associated with pesticide exposure?
Potential risks include:
* Acute toxic reactions
* Eye irritation
* Long-term effects like cancer and birth defects
* Reproductive system disorders
## Footnote
Understanding these risks is crucial for regulatory measures.
43
What data is required by the EPA to evaluate the environmental fate of pesticides?
Data on how a pesticide behaves in the environment
## Footnote
This assessment helps determine threats to ground or surface water.
44
What rule must old pesticides registered before today's standards adhere to?
The 'no unreasonable adverse effect' rule
## Footnote
This rule ensures that older pesticides are re-evaluated against current safety standards.
45
What is required for the reregistration of pesticides registered on or before November 1, 1984?
Pesticides must be evaluated by established registration standards
## Footnote
This process helps maintain safety and efficacy in pesticide use.
46
What is a verbal notice or posting of signs used for in pesticide treatment?
To warn workers or occupants that a treatment has occurred
## Footnote
This is a safety measure to inform individuals about pesticide applications.
47
What can EPA require to protect consumers of crops treated with pesticides?
EPA can require:
* Longer preharvest intervals (PHIs)
* Changes in the manufacturing process of pesticides
* Restrictions on rate and frequency of applications
## Footnote
These measures help ensure pesticide residues dissipate and reduce contaminants.
48
What actions can the EPA take regarding high-risk pesticide uses?
EPA can:
* Cancel or deny registration
* Phase out a pesticide
* Suspend the use of a pesticide pending decision
## Footnote
These actions aim to protect public health and spur alternative solutions.
49
How many pesticide products has the EPA registered under FIFRA?
About 25,000 pesticide products
## Footnote
This number reflects the extensive regulation of pesticide use in the U.S.
50
What must the EPA consider when setting residue tolerances for new pesticides?
EPA must consider:
* All non-occupational sources of exposure
* Exposure to other pesticides with a common mechanism of toxicity
* Safety for children
## Footnote
This comprehensive approach ensures public health safety.
51
What does the EPA require from manufacturers when evaluating pesticides?
Manufacturers must conduct tests to assess potential harm to:
* Humans
* Fish
* Wildlife
* Endangered species
## Footnote
This includes evaluating acute toxic reactions and long-term effects.
52
What are potential human risks associated with pesticide exposure?
Potential risks include:
* Acute toxic reactions
* Eye irritation
* Long-term effects like cancer and birth defects
* Reproductive system disorders
## Footnote
Understanding these risks is crucial for regulatory measures.
53
What data is required by the EPA to evaluate the environmental fate of pesticides?
Data on how a pesticide behaves in the environment
## Footnote
This assessment helps determine threats to ground or surface water.
54
What rule must old pesticides registered before today's standards adhere to?
The 'no unreasonable adverse effect' rule
## Footnote
This rule ensures that older pesticides are re-evaluated against current safety standards.
55
What is required for the reregistration of pesticides registered on or before November 1, 1984?
Pesticides must be evaluated by established registration standards
## Footnote
This process helps maintain safety and efficacy in pesticide use.
56
What does the Food, Drug, and Cosmetic Act (FDCA) of 1938 address?
Pesticide residue levels in food and feed crops sold in the U.S.
57
Who enforces the Food, Drug, and Cosmetic Act (FDCA)?
Food and Drug Administration (FDA) of the Department of Health and Human Welfare.
58
What is the purpose of the tolerances set by the EPA under the FDCA?
To ensure U.S. consumers are not exposed to unsafe pesticide residue levels.
59
What does the Food Quality Protection Act (FQPA) of 1996 allow?
More uniform evaluation procedures for setting pesticide residue tolerances under the FDCA.
60
What are the two requirements of the FDCA and FQPA?
* Monitoring and enforcement of food additive tolerances
* Monitoring of pesticide residues in animals by the Meat Inspection Division of the U.S. Department of Agriculture.
61
What significant changes did the FQPA make to the FDCA?
Fundamentally changed the way tolerances for pesticide residues in food are determined.
62
What is the net effect of the FQPA on pesticide residue tolerances in food?
To decrease tolerances for pesticide residues in food, increasing consumer protection.
63
What did the FQPA replace the 'zero tolerance' clause for carcinogens with?
A single health-based standard for raw and processed foods.
64
What must the EPA consider when setting a tolerance for pesticides?
* Aggregate exposure to compounds with a common mechanism of toxicity
* Both food and nonfood uses such as water, gardens, lawns, golf courses, pets, homes, and businesses.
65
What is a 'risk cup' in the context of pesticide regulation?
A metaphorical cup that fills with the risk from aggregate exposure to pesticides with a common mechanism of toxicity.
66
What happens when the risk cup is full according to the FQPA?
Registrants must reduce pesticide risks or eliminate uses.
67
What is the purpose of the Occupational Safety and Health Act (OSHA) of 1970?
To ensure worker safety and health.
68
Who administers the Occupational Safety and Health Act (OSHA)?
Occupational Safety and Health Administration of the Department of Labor.
69
What does OSHA require employers with 11 or more employees to do?
Keep records of all work-related deaths, injuries, and illness, and make periodic reports.
## Footnote
Minor injuries needing only first aid treatment need not be reported.
70
What types of injuries must be recorded according to OSHA?
Injuries involving:
* Medical treatment
* Loss of consciousness
* Restriction of work or motion
* Transfer to another job
## Footnote
Minor injuries needing only first aid treatment are exempt from reporting.
71
What does OSHA require regarding employee complaints related to pesticide use?
Investigation of employee complaints related to pesticide use, reentry, or accidents.
72
What does the term 'exposure' refer to in the context of hazardous chemicals?
Contact of an employee with a hazardous chemical in the course of employment.
73
What are the routes of entry for exposure to hazardous chemicals?
Inhalation, ingestion, or absorption.
74
What responsibilities do employers have under the Hazard Communication Standard (HCS)?
Employers must:
* Read and understand their responsibilities
* List hazardous chemicals in the workplace
* Obtain safety data sheets (SDS)
* Label all containers
* Develop a written communication program
* Conduct employee training
* Create a hazard communication file
## Footnote
SDS was formerly known as Material Safety Data Sheets (MSDS).
75
Fill in the blank: Employers must obtain ______ for all hazardous substances on their lists.
safety data sheets (SDS)
76
True or False: Employers are required to make their hazard communication file available to any employee upon request.
True
77
What is the purpose of the Hazard Communication Standard (HCS)?
To protect employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.
78
What should be included in the employer's written communication program?
Information based on the chemical list, SDSs, and labeling information.
79
What does the Federal Resource Conservation and Recovery Act of 1976 direct the Environmental Protection Agency to manage?
All solid hazardous wastes
## Footnote
This act is often referred to as RCRA.
80
Who is generally exempt from regulations under the RCRA?
Applicators who properly dispose of pesticide waste and containers
## Footnote
State requirements may be stricter.
81
What is the threshold for accumulation of hazardous waste that requires registration as a generator?
2.2 pounds or more per month of waste containing an acutely hazardous chemical, or 2,200 pounds of waste containing a hazardous chemical
82
What can be disposed of in EPA-approved landfills without an ID number?
Triple-rinsed used containers
## Footnote
Unrinsed containers and excess pesticides are considered regulated waste.
83
What types of waste are considered hazardous under the RCRA?
Any flammable, corrosive, reactive, or toxic waste
## Footnote
This includes waste not listed but still hazardous.
84
What act authorized the U.S. Department of Transportation to regulate the transportation of hazardous materials?
Transportation Safety Act of 1974
85
What does Title 49 of the Code of Federal Regulations cover?
Every safety aspect of transporting hazardous materials
## Footnote
This includes packing, handling, labeling, and routing.
86
What types of materials are included under the Transportation Safety Act?
Explosives, compressed gases, flammable liquids and solids, poisons, and several other types of chemicals
87
What must a shipper provide when transporting hazardous materials?
A shipping paper describing the hazardous material
88
When is a pesticide considered a hazardous substance?
If the amount of its active ingredient is equal to or greater than the reportable quantity (RQ) per package
89
Where must the shipping paper be located when transporting hazardous materials?
Within reach of the driver while in the seat belt
## Footnote
If the driver is away from the vehicle, it must be on the driver's seat.
90
What is the date when specific regulations for private carriers began?
January 8, 1997
91
Under what conditions are shipping papers, marking, DOT labeling, and training not required for a vehicle used as a private carrier?
If it carries a class 3, 8, 9, or Division 4.1, 5.1, 6.1, or ORM-D, transports less than 8 gallons of a concentrate pesticide or gasoline, and less than 400 gallons of a diluted material
92
How is the hazard class of a hazardous material indicated?
By its class (or division) number, or its class name
93
What must be displayed in the lower corner of a placard corresponding to the primary hazard class of a material?
The hazard class or division number
94
Is text indicating a hazard required on placards for classes other than Class 7 or the OXYGEN placard?
No, text indicating a hazard is not required
95
What must appear on the shipping paper after each shipping name?
The class or division number
96
What is Class 1 of hazardous materials?
Explosives
97
What is Division 1.1 under Class 1?
Explosives with a mass explosion hazard
98
What is Division 1.2 under Class 1?
Explosives with a projection hazard
99
What is Division 1.3 under Class 1?
Explosives with predominately a fire hazard
100
What is Division 1.4 under Class 1?
Explosives with no significant blast hazard
101
What is Division 1.5 under Class 1?
Very insensitive explosives; blasting agents
102
What is Division 1.6 under Class 1?
Extremely insensitive detonating substances
103
What is Class 2 of hazardous materials?
Gases
104
What is Division 2.1 under Class 2?
Flammable gas
105
What is Division 2.2 under Class 2?
Non-flammable gas
106
What is Division 2.3 under Class 2?
Gas poisonous by inhalation
107
What is Division 2.4 under Class 2?
Corrosive gas (Canadian)
108
What is Class 3 of hazardous materials?
Flammable liquid and Combustible liquid
109
Give an example of a Class 3 material.
Gasoline
110
What is Class 4 of hazardous materials?
Flammable solid; Spontaneously combustible material; and Dangerous when wet material
111
What does Division 4.1 represent?
Flammable solid
112
What does Division 4.2 represent?
Spontaneously combustible material
113
What does Division 4.3 represent?
Dangerous when wet material
114
What is Class 5 of hazardous materials?
Oxidizers and Organic peroxides
115
What does Division 5.1 represent?
Oxidizer
116
What does Division 5.2 represent?
Organic peroxide
117
What does the Endangered Species Act of 1973 protect?
Endangered species
## Footnote
It protects both plants and animals that are endangered or threatened.
118
Which agency administers the Endangered Species Act?
Fish and Wildlife Service (FWS)
## Footnote
FWS is part of the Department of the Interior.
119
What activities are illegal under the Endangered Species Act?
Killing, harming, or collecting endangered wildlife or fish; removing endangered plants from federal areas
## Footnote
This includes actions that can harm their habitats.
120
What is the definition of an endangered species?
A plant or animal in danger of extinction throughout all or much of its range
## Footnote
This definition is determined by the FWS.
121
What is a threatened species?
A species likely to become endangered in the foreseeable future
## Footnote
This classification indicates an increasing risk of extinction.
122
What is a major reason for species becoming endangered?
Habitat destruction
## Footnote
This destruction often results from industrial, agricultural, residential, or recreational development.
123
How many animals and plants are currently endangered or threatened in the United States?
About 475 animals and 700 plants
## Footnote
These numbers reflect the current status of biodiversity in the U.S.
124
What does the Endangered Species Act direct the EPA to do?
Ensure that registered pesticide uses do not harm threatened or endangered species
## Footnote
The EPA evaluates the impact of pesticides on these species.
125
What happens if the EPA finds that pesticides may affect endangered species?
They may consult with FWS for an official opinion
## Footnote
This process helps to determine necessary protective measures.
126
What may be included on a pesticide label after an EPA review?
Specific restrictions or instructions to read an Endangered Species Bulletin
## Footnote
The bulletin provides guidance on pesticide use in areas with endangered species.
127
What is the responsibility of individuals regarding endangered species and pesticides?
Protection of endangered species from pesticides falls to individuals
## Footnote
Users must follow guidelines to mitigate harm.
128
Why is preserving biological diversity important?
It contributes to the overall quality of life
## Footnote
Each species is part of a complex food chain, and the loss of one can impact many others.
129
What can the decline of one plant species endanger?
Up to 30 other species that depend on it
## Footnote
This includes insects, higher animals, and other plants.
130
Which agency regulates agricultural aircraft in the U.S.?
Federal Aviation Administration (FAA)
## Footnote
FAA is part of the U.S. Department of Transportation.
131
Under which title and part of the Code of Federal Regulations are agricultural aircraft operator certificates issued?
Title 14, Code of Federal Regulations, Part 137
## Footnote
This regulation governs commercial and private aircraft operations in agriculture.
