Federal and State Pesticide Laws, Regulations, and Recordkeeping
FIFRA is the foundation
The Federal Insecticide, Fungicide, and Rodenticide Act governs registration, labeling, classification, and enforcement. EPA registers products; states may register additional uses and are the primary enforcement authority for applicator certification under FIFRA Section 24. Certification of private applicators is a state function, and states may impose stricter requirements than the federal rule. Pesticides are classified as general use or restricted use; restricted-use pesticides may be applied only by or under the direct supervision of a certified applicator.
Worker Protection Standard
The WPS (40 CFR 170) protects agricultural workers and pesticide handlers. Know these elements: handler and worker training (handlers every 12 months), notification of workers about applications, the REI, decontamination supplies within a specified distance, emergency assistance and transportation, PPE, and the application exclusion zone. Workers may not enter a treated area during the REI except under the narrow early-entry exceptions.
Records
Private applicators applying restricted-use pesticides must keep records for 2 years under federal rule; states may require longer, and some require records for general-use products too. Typical required entries: applicator name and certification number, date, product brand name, EPA registration number, amount applied, size of area treated, location, crop/site, and target pest. Many states add weather and application method.
Related statutes
- FFDCA: EPA sets tolerances (residue limits).
- Clean Water Act: aquatic applications may need NPDES coverage.
- Endangered Species Act: label restrictions protect listed species.
Traps
Don't confuse certification (state) with registration (EPA). Don't assume federal record retention overrides a stricter state rule - the stricter rule applies. "Direct supervision" for a private applicator's employees has state-specific definitions; do not generalize.
Rule of thumb: when federal and state requirements differ, follow the more restrictive one.