Pesticide Laws and Regulations: Federal FIFRA and New Hampshire Rules
Two layers of law, one controlling document
Federal law (FIFRA) requires every pesticide sold or distributed in the U.S. to be EPA-registered, classifies products as general-use or restricted-use (RUP), and makes it a violation to use a product "in a manner inconsistent with its labeling." In New Hampshire, pesticide regulation is administered by the Division of Pesticide Control within the NH Department of Agriculture, Markets & Food under RSA 430 and the state's administrative rules. A product must also be registered for sale and use in New Hampshire; EPA registration alone does not authorize NH sales or use.
Certification, licensing, and recordkeeping
NH issues credentials by category and use type: private applicators (RUPs on land they own or rent for agricultural production), commercial applicators (applying for hire), and noncommercial applicators (government, utilities, rights-of-way, public health). Dealers and distributors have separate requirements. Federal law requires RUP application records be kept at least two years; NH rules add their own record, notification, and sensitive-individual-registry obligations - know the current state retention and reporting requirements before the exam.
Traps that show up in questions
- Confusing "certified" (an individual's competence credential) with "licensed" (the business/credential to operate).
- Believing a label is advisory; it is a binding legal document.
- Assuming a noncertified employee may apply RUPs without supervision; federal rules allow application only under the direct supervision of a certified applicator.
- Forgetting Section 18 (emergency exemption) and Section 24(c) (special local need) registrations are narrow and time/site limited.
Rule of thumb: when the label and a regulation appear to conflict, comply with the more restrictive one, and confirm unusual situations with the state lead agency in writing.