Pesticide Laws and Regulations
Who regulates what
FIFRA is the federal framework for pesticide registration and use. EPA registers pesticide products nationally, but New Mexico readers must also know that the New Mexico Department of Agriculture (NMDA) is the state lead agency for pesticide registration, applicator certification, and enforcement. A product must be registered by EPA and, where required, accepted for state registration before it can legally be used in New Mexico. The label is enforceable law: using a product in a manner inconsistent with its labeling is misuse, even if the product is registered.
Applicator categories
Private applicators apply restricted-use pesticides (RUPs) to produce an agricultural commodity on land they own or rent, or on land of their employer. Commercial applicators apply pesticides for hire or on property of others for compensation. Public applicators work for government entities. RUPs generally require certification; general-use products may be used by uncertified persons according to the label.
Special registrations and tolerances
Section 24(c) special local needs registrations are state-specific and valid only in the issuing state. Section 18 emergency exemptions are time-limited and situation-specific. Food-use applications must be consistent with an established tolerance or exemption under FFDCA.
Traps
Questions often confuse EPA registration with state registration, or assume a Section 24(c) label is valid across state lines. Another trap: “registered” does not mean “safe” or “approved for every use.” Both federal and state requirements apply, and the more restrictive requirement controls.
Worked example
A rancher offers to spray a restricted herbicide on a neighbor’s hay field for pay. Because the application is for compensation on someone else’s property, the rancher needs a commercial applicator credential, not a private applicator credential.