Pesticide Laws and Regulations
Who regulates what
FIFRA is the federal law that gives EPA authority to register pesticides and classify them as general-use or restricted-use (RUP). States share enforcement: in Idaho the Idaho State Department of Agriculture administers the state pesticide law and certifies applicators. A state may be stricter than the federal label but never looser, so the rule you must follow is the most restrictive applicable requirement.
Certification categories
A private applicator uses or supervises RUPs on land they own or rent, or on an employer's land, with no compensation beyond exchange of services. A commercial applicator applies pesticides for hire on someone else's property. Noncertified technicians may handle RUPs only under the supervision the label and state rule allow, and the certified applicator remains responsible. A trap question: a neighbor offers cash to spray their pasture. Because compensation changes the relationship, this is no longer private work.
Traps that show up in questions
- Using a product in a manner inconsistent with its labeling is a violation of both federal and state law, even if the advice came from a dealer.
- The label is the label: a Section 24(c) special local need label or Section 18 emergency exemption is narrow, state-issued, and expires; you must have it in hand.
- Records of RUP applications must be kept at least two years (longer if the label or state rule says so) and must include product name, EPA registration number, rate, date, location, and applicator.
- Dealers have their own record and sales-restriction duties for RUPs.
Rule of thumb
Before any application ask three questions: Is this site on the label? Am I certified for this category? Can I document this application afterward? If any answer is no, stop.