Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

FIFRA primarily regulates the manufacture and registration of pesticides (40 CFR Parts 152 and 156), but important requirements also exist for pesticide users. Your food processing facility may at some time store, apply (or have applied), and dispose of pesticides. There are many types of pesticides, including herbicides, insecticides, rodenticides, and antimicrobial pesticides (e.g., disinfectants, sanitizers). Pesticides must be applied only according to label directions established by EPA. Using a pesticide in a manner inconsistent with its labeling constitutes misuse and is illegal [FIFRA Section 2 (ee)].

Pesticides can be used to control a variety of pests that are associated with food processing facilities in the U.S., including:

• Birds
• Weeds
• Rodents.

These pests can be controlled using direct application of the appropriate avicide, herbicide, rodenticide, or insecticide; or by fumigants. Fumigants are chemicals that are in the gas phase at effective temperatures, and they penetrate cracks, crevices, and the commodity being treated. Fumigants, while toxic to insects, rats, birds, mammals, weed seeds, nematodes and fungi, are also highly toxic to humans and may leave toxic residues or tastes or odors. Fumigants can be applied by several methods, are readily available, and are economical to use. They must be applied with the proper protective equipment and by certified applicators.

Antimicrobial pesticides comprise a broad range of products designed to control undesirable microorganisms such as bacteria, viruses, or algae on non-living objects (inanimate) or surfaces, and on raw fruits and vegetables (FIFRA Section 2(mm)(1)(A)). Some antimicrobial pesticides are used to sterilize, disinfect, or sanitize certain items, including food preparation areas. While primarily regulated under FIFRA, the FQPA changes the jurisdiction of some antimicrobial products from FIFRA to the FQPA (see Section 10.3.2). Since late 1996, the Antimicrobials Division within EPA’s Office of Pesticide Programs (OPP) has been responsible for all activities related to the regulation of antimicrobial pesticides (more information on antimicrobials).

Food Quality Protection Act

The Food Quality Protection Act (FQPA) of 1996 was a comprehensive overhaul of the laws that regulate pesticides in food: FIFRA and the Federal Food, Drug and Cosmetics Act (FFDCA). The new law amends both major pesticide laws to establish a more consistent, protective regulatory scheme.

EPA’s Role. EPA plays a role under both of these statutes in regulating pesticides:

• Under FIFRA, EPA registers pesticides for use in the United States and prescribes labeling and other regulatory requirements to prevent unreasonable adverse effects on human health or the environment.

• Under the FFDCA, EPA establishes tolerances (maximum legally permissible levels) for pesticide residues in food. Tolerances are enforced by the U.S. Department of Health and Human Services (USDHHS)/ FDA for most foods, and by the USDA/FSIS for meat, poultry, and some egg products.

Changes from FQPA. The FQPA made many revisions to the way pesticides are regulated:

Under the FFDCA, the new law establishes a health-based safety standard for pesticide residues in food; requires an explicit determination that tolerances are safe for children; sets limitations on benefits considerations; requires tolerance reevaluation; incorporates provisions for endocrine testing; includes enhanced enforcement of pesticide residue standards by allowing the FDA to impose civil penalties for tolerance violations; requires distribution of a brochure in grocery stores on the health effects of pesticides, how to avoid risks, and which foods have tolerances for pesticide residues based on benefits considerations; and does not allow states to set tolerance levels that differ from national levels unless the state petitions EPA for an exception, based on state-specific situations.

Under FIFRA, the new law requires tolerances to be reassessed as part of the re-registration program; requires EPA to periodically review pesticide registrations to ensure that all pesticides meet updated safety standards; expedites review of safer pesticides to help them reach the market sooner and replace older and potentially more risky chemicals; establishes minor use programs within EPA and USDA to foster coordination on minor use regulations and policy; and establishes new requirements to expedite the review and registration of antimicrobial pesticides. While some of these changes under the FQPA do not affect you directly as a regulated entity, it is to your benefit to be aware of these changes in the regulations affecting pesticides residues.

Environmental Stewardship. You should also be aware that there are opportunities for environmental stewardship. EPA's Pesticide Environmental Stewardship Program (PESP) is a voluntary program dedicated to protecting human health and the environment by reducing both the use of pesticides and the risks associated with pesticide use. Current partners include agricultural producers as well as non-agricultural interests. Partners in PESP volunteer to develop and implement a well-designed pesticide management plan that will result in the safest and most effective way to use pesticides. In turn, EPA provides a liaison to assist the partner in developing comprehensive, achievable goals. Liaisons act as customer service representatives for EPA, providing the partner with access to information and personnel. EPA also will attempt to integrate the partners’ stewardship plans into its agricultural policies and programs.