Pesticide Safety and Regulations

Who can apply pesticides

Farmers who use pesticides may require pesticide applicator licenses or permits according to state and federal law. It is important to check with your state lead agency (SLA) to determine what is appropriate in your state.  In general:

• Farmers who apply restricted use pesticides on their crops need to have a private applicator license or permit.
• Workers who help someone who is licensed or certified to apply restricted-use materials may also need a license to assist. 
• Farmers who use only general use pesticides may also require licenses or permits; these requirements vary from state to state.
• In most states, commercial (for hire) applicators must follow rules that are more restrictive than those of private applicators. 

Please note that the requirements of the EPA Worker Protection Standards (WPS) must still be followed regardless of whether a pesticide license or certification is required.  See the section below on WPS.  As of this printing, the following are contacts who can provide information on specific requirements for pesticide licenses and certification for each state.

• Connecticut: 860-424-3369, http://www.ct.gov/deep/cwp/view.asp?A=2710&Q=324260
• Maine: 207-287-2731, https://www.maine.gov/dacf/php/pesticides/applicators/licensing.html
• Massachusetts: 617-626-1784, http://www.mass.gov/eea/agencies/agr/pesticides/
• New Hampshire: 603-271-3640, http://agriculture.nh.gov/divisions/pesticide-control/index.htm
• Rhode Island:  401-222-4700, http://www.dem.ri.gov/programs/agriculture/pesticides-regulatory.php
• Vermont:  802-828-2431, https://agriculture.vermont.gov/public-health-agricultural-resource-management-division/pesticide-programs

Warning! Pesticides are poisonous.  Read and follow all directions and safety precautions on labels.  Handle carefully and store in original labeled containers out of reach of children, pets and livestock.  Do not use concentrations greater than stated on the label.  Do not apply more pesticide per acre or more frequently than the fewest number of days between applications recommended by the label.  Remember that the pesticide label is a legal document. If you do not follow the label directions implicitly, you could lose your applicator's license or be fined.

Pesticide Registration

Pesticides require both federal and state registration. Pesticides in this publication have been reviewed for federal registration status and are current at the time of publication. State registration status has been reviewed for most products, but state registrations are renewed annually and may be subject to change. Each New England state maintains a registration database, which can be found at the following websites:

Maine
Maine Board of Pesticides Control
http://npirspublic.ceris.purdue.edu/state/state_menu.aspx?state=ME
Searchable database

Vermont
Vermont Agency of Agriculture, Food, and Markets
http://www.kellysolutions.com/vt
Searchable database

Massachusetts
Massachusetts Pesticide Product Registration Information
http://www.kellysolutions.com/ma
Searchable database

Connecticut
Connecticut Department of Energy and Environmental Protection
http://www.kellysolutions.com/ct
Searchable database

Understanding Pesticide Labels

A pesticide is referred to: (1) by a common name, which is also the name of the active ingredient (AI) or (2) by a trade or brand name (trade names are capitalized in this guide).  Trade names are used in the guide for identification only; no product endorsement is implied, nor is discrimination intended against similar materials.

Labels are for your protection and information: Look for the percentage (by weight) or amount of material in the formulation.  Compare costs of two similar products on the basis of effectiveness, the amount of actual pesticide contained and the quantity of the formulations needed/acre.

Labeled Formulations: The examples of pesticide products that are listed under each crop within this publication give only one formulation and one trade name.  Often there are other formulations and trade names with the same active ingredient. Growers should be aware of other formulations and products. Consult the tables in Disease, Insect, and Weed Management Sections (Tables 26, 27, and 29) for lists of formulations and products.  The rates to be applied are on the label.

• Emulsifiable concentrates (EC) are less troublesome to spray equipment than wettable powders (WP). The water-based flowable concentrates and wettable powders are less likely to cause plant injury than oil-based concentrates of similar materials.
• Wettable powders/suspendable powders (WP) are less likely than ECs to cause injury to sensitive plants or to cause trouble when mixed with fungicides or other pesticides.
• Dry flowables (DF) are similar to wettable powders in their formulation but are pelletized to minimize dust.
• Flowables (F) are liquid formulations with similar properties to latex paint. Clean equipment immediately after use.

NOTE: There may be several products registered with the same active ingredient.  Each label is different, and some crops may be listed on some labels but not on others.  Always be certain the crop is listed on the product label before ordering or using the product.

Restricted-Use Pesticides:  In accordance with federal and state pesticide regulations, those pesticides that are highly toxic and those that persist and accumulate in the environment are placed on a restricted-use list and shall be sold and used only by certified applicators.  For information about training for certified applicators contact your Extension Specialist or the offices listed above.  In some instances, states may require additional permits for certain pesticide users.

Control of target pest not on the label: Always be certain the crop is on the label before using a pesticide on that crop. Target pests not listed on the label may not be effectively controlled by that product.

Tank mixture and aerial application: Check the label and consult your state pesticide regulatory agency.

To avoid illegal residues: Adhere strictly to preharvest intervals. Accurately calibrate your equipment; never exceed label recommendations. Prevent drift to adjacent properties or crops, or contamination of bodies of water. The applicator is held responsible for problems caused by drift or contamination. High-volume, low-pressure, ground applications cause less drift than low-volume, high-pressure, air-blast, ground applications, aerial applications or dust.

Disposal of pesticides: Read label.  For current instructions on regulations and guidelines pertaining to the disposal of chemicals, contact your State Lead Agency (SLA) for pesticide regulation located in either the state Department of Agriculture or state Department of Environmental Protection. The Pesticide Stewardship Alliance (TPSA) has a pesticide disposal database with resources for each state. Visit their website at https://tpsalliance.org/resources/state-disposal-map/.  Triple rinse empty containers; dispose of them carefully and properly.

It is the responsibility of the user to read the label and be sure that the material selected is labeled for the proposed use.  Similar pesticide products may not have the same crop uses.

Pesticide Toxicity: All pesticides are poisonous.  However, some are more toxic than others.  The toxicity of the pesticide is usually stated in the precaution label.  For example, a skull and crossbones figure and the signal word "Danger" are always found on the label of highly toxic (Toxicity Class I) materials.  Those of medium toxicity (Toxicity Class II) carry the signal word "Warning".  The least toxic materials (Toxicity Class III) have the signal word "Caution".  The toxicity of a pesticide is expressed in terms of oral and dermal LD₅₀.  LD₅₀ (lethal dose 50) is the dosage of active ingredient that kills 50% of test animals (usually rats or rabbits) with a single application of the pure pesticide for a given weight of the animal (mg/kg of body weight).  The lower the LD₅₀ value, the more toxic the material.  Oral LD₅₀ is the measure of the toxicity of pure active ingredient when administered internally to test animals.  Dermal LD₅₀ is the measure of the toxicity of pure active ingredient applied to the skin of test animals.  Generally, an oral application is more toxic than a dermal one. Dermal and oral LD50s for each of the fungicides, insecticides, and herbicides listed in this guide can be found in tables 26, 27, and 29, respectively. 

The Worker Protection Standard and Who Must Comply

Pesticides can be useful tools for farmers.  They can also be deadly.  Exposure to pesticides can cause physical harm, debilitation, and even death.  Not only applicators are at risk.  Family members and workers can also be harmed due to improper storage and use of pesticides.  

For this reason, the EPA has developed the Agricultural Worker Protection Standard (WPS) for Pesticides (US EPA regulation, 40 CFR Part 170).  The WPS applies to all pesticides that are used in the production of agricultural plants on farms, forests, nurseries, and greenhouses.  This includes general use pesticides including those allowed in organic production (OMRI-approved), as well as restricted-use pesticides.  Also, even if a pesticide license is not required, employees and handlers must still receive education in and comply with the WPS.

The WPS requires the owner or employer to take steps to reduce the risk of pesticide-related illness and injury: 1) if pesticides are used on the farm or 2) workers or pesticide handlers are employed who may be exposed to such pesticides.

You will know a pesticide product is covered by the WPS if you see the following statement in the "Directions for Use" section of the pesticide labeling:

Agricultural Use Requirements

Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part 170. This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment, notification of workers, and restricted-entry intervals.

The primary WPS resource is the How to Comply manual (http://pesticideresources.org/wps/htc/index.html), developed by EPA.  The manual is available from your State Lead Agency (SLA), pesticide education office of the Cooperative Extension Service, the EPA Region 1 office and EPA's National Agricultural Compliance Assistance Center.  Every agricultural producer should have a copy of the EPA How to Comply manual which can be found at https://www.epa.gov/pesticide-worker-safety/pesticide-worker-protection-standard-how-comply-manual. 

Key Elements of the Worker Protection Standard

The following is a brief summary of the major elements of the WPS.  Each of these categories is described in greater detail in the EPA How to Comply manual.  Producers should refer to the How to Comply manual for complete details and explanations of the requirements of the Worker Protection Standard.

Information and Education. To ensure employees will be informed about exposure to pesticides, the WPS requires:

• Annual pesticide safety training for workers and handlers,
• Pesticide safety poster to be displayed for workers and handlers
• Access to labels and material safety data sheets for pesticide handlers and early-entry workers
• Access to specific information in a centrally-located Application List of pesticide treatments on the establishment

Protection. To ensure employees will be protected from exposures to pesticides, the WPS requires employers to:

• Prohibit handlers from applying a pesticide in a way that will expose workers or other persons
• Exclude workers from areas being treated with pesticides
• Exclude workers from areas that remain under a restricted entry interval (REI) with narrow exceptions
• Protect early-entry workers who are doing permitted tasks in treated areas during an REI. Requirements include special instructions and duties related to correct use of Personal Protective Equipment (PPE)
• Notify workers about treated areas so they can avoid inadvertent exposures
• Protect handlers during handling tasks. Requirements include monitoring while handling highly toxic pesticides and duties related to correct use of PPE.

Mitigation. To mitigate exposures that employees receive, the WPS requires:

• Decontamination sites that provide handlers and workers an ample supply of water, soap and towels for routine washing and emergency decontamination,
• Emergency assistance that provides transportation to a medical care facility if an agricultural worker or handler may have been poisoned or injured by a pesticide and providing information about the pesticide(s) to which the person may have been exposed.

Agricultural Owner Exemptions. Even if you are the owner of the farm, forest, nursery, or greenhouse and you or members of your family do all the work there, you are a "WPS employer."  You must comply with SOME of the WPS requirements, such as adhering to restricted entry intervals, personal protective equipment (PPE) and ALL the specific requirements listed in the pesticide labeling.

If you hire commercial handlers, certain information must be given from you (the operator) to the commercial handler employer.

• Specific location and description of any areas that may be treated with a pesticide or be under an REI while handler is there, or that the commercial handlers may be in (or walk within 1/4 mile of),
• Restrictions on entering those areas.

Crop Advisors. The WPS requires employers to provide certain protections to their employees who are working as crop advisors. Examples of crop advisors are crop consultants, scouts, and integrated pest management monitors. An independent or commercial crop advisor is any person working as a crop advisor who is employed (including self-employed) by anyone other than the agricultural establishment on which the work is being done. Certain provisions of the WPS apply to crop advisors depending on when the advisor is on the farm and when the pesticide has been applied.

Commercial Handlers. Employers of commercial handlers must make sure that their customer the operator of the farm, forest, nursery or greenhouse, knows certain information such as: specific location and description of the area treated with the pesticide, time and date pesticide is to be applied, product name, EPA registration number, active ingredient(s), REI for the pesticide, whether the labeling requires treated area posting and oral notification and any other specific requirements on the pesticide labeling concerning protection of workers and other persons during or after application.

For more information on the WPS, contact your Cooperative Extension Pesticide Safety Education Coordinator, SLA or EPA Region 1 office, or visit https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps.

Pesticides and The Endangered Species Act: What You Need to Know

The following description has been endorsed by the Weed Science Society of America, Entomological Society of America, and American Phytopathological Society.

1. What is the Endangered Species Act (ESA)?

The Endangered Species Act is a long-standing federal law, first passed in 1973, which requires government agencies to ensure any actions they take do not jeopardize a species that has been federally listed as endangered or threatened. When an agency has a proposed action that might affect a listed species or its habitat, they consult with one or both of the agencies that helps enforce the ESA, the U.S. Fish and Wildlife Services or the National Marine Fisheries Service (this is known as “a consultation” with “the Services''). The Services then may recommend changes to the project or action to protect listed species or habitats.

2. How does the ESA affect pesticide use?

The Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is the federal agency that regulates pesticide use. Because the use of pesticides can affect animals and plants (or their habitat), pesticide registrations are considered “actions” that would trigger an endangered species consultation.

3. Why am I hearing about the ESA and pesticide use now?

Due to the complex nature of the process, the EPA has not fully completed the required endangered species consultations with the Services for pesticide registrations in the past, which has left many of those pesticides vulnerable to lawsuits. Courts have annulled pesticide registrations which has led to their removal from market. To make pesticide registrations more secure from litigation, ultimately all pesticide registrations will comply with the Endangered Species Act.

4. How will this affect the pesticide I use today?

Many pesticide labels will likely have changes that could include:

• Requirement to check the EPA's Bulletins Live! Two website and follow current ESA restrictions for the pesticide product in the bulletin
• Measures to reduce spray drift
• Measures to reduce runoff/erosion
• Other measures to reduce pesticide exposure to listed species and their habitat

In short, farmers and applicators should expect to see some new application requirements on their pesticide labels. But there is no need to panic. To date, no pesticide has ever been fully removed from the market based solely on endangered species risks, and that remains an unlikely scenario in the future.

5. Why does complying with the ESA matter?

By starting to fully comply with the ESA, EPA anticipates that this will give farmers and applicators more stable, reliable access to the pesticides they need. Furthermore, the ESA has been successful at bringing back some species Americans care about – such as the bald eagle or the Eggert sunflower – and restoring them to healthy populations, which has benefited the natural and cultivated ecosystems that agriculture (and society) rely on.

Pesticide Storage

Pesticides should always be stored in their original containers and kept tightly closed. For the protection of others, especially firefighters, the storage area should be posted as Pesticide Storage and kept securely locked.

Herbicides, especially hormone-like weed killers such as 2,4-D, should not be stored with other pesticides (primarily insecticides and fungicides) as they can volatize and be absorbed by other pesticides.

Store pesticides in a cool (40º-80ºF), dry, well ventilated area that is not accessible to children and others who do not know or understand the safe and proper use of pesticides.

Any restricted pesticide or container contaminated by restricted pesticides must be stored in a secure, locked enclosure while unattended.  That enclosure must bear a "pesticide storage" warning sign readable at a distance of 20 feet.  If any pesticide has to be stored in other than its original container, that container must be labeled with the name and concentration of the active ingredient and the signal word and warning statements for the pesticide along with a copy of the label.  Keep an inventory of all pesticides stored in an area away from the storage site, so that it may be referred to in case of an emergency at the storage site.

Make available to personnel at all times: a respirator with chemical cartridge, gas mask with canister, goggles, rubber gloves and aprons, fire extinguisher and a detoxicant for spilled materials suggested by your local fire department.  Instruct all personnel on proper use of the above equipment and on what to do in case of emergency.  A shower stall with plenty of soap should be made available on the premises.  Prompt washing in case of accidental spillage may be a matter of life and death.

Keep your local fire department informed of the location of all pesticide storage areas.  Fighting a fire that includes smoke from burning pesticides can be extremely hazardous.  Firefighters should be cautioned to avoid breathing any smoke from such a fire.  A fire with smoke from burning pesticides may endanger people in the immediate area or community.  They may have to be evacuated if the smoke from a pesticide fire drifts in their direction.

Winter Storage of Pesticides. Plan pesticide purchases so that supplies are used by the end of the growing season.  When pesticides are stored for the winter, keep them at temperatures above freezing, under dry conditions and out of direct sunlight.  The following points should be observed:

• Read the label.  Special storage recommendations or restrictions will be printed on the label.
• Write the purchase or delivery date of the product on the label with waterproof ink.  Products may lose their effectiveness over several years.
• Ventilation is important for storage of most pesticides.
• Store herbicides separately from other pesticides to avoid cross contamination.  Below are signs of quality deterioration:

After freezing, place pesticides in warm storage (50º-80ºF, or 10º-26.7ºC).  Shake or roll container every few hours to mix product or eliminate layering.  If layering persists or if all crystals do not completely dissolve, do not use product.  If in doubt, call the manufacturer.

Emergency Information

Human Exposure. If someone has swallowed or inhaled a pesticide or gotten it in the eye or on the skin:

• Call 911 if the person is unconscious, having trouble breathing, or having convulsions.
• Check the label for directions on how to give first aid.
• Call the Poison Control Center at 1-(800)-222-1222 for help with first aid information.

The National Pesticide Information Center (NPIC) 1-800-858-7378 (http://npic.orst.edu/) can also provide information about pesticide products and their toxicity.

Poisoning Information (Adapted from Ohio Vegetable Production Guide). Make sure your doctor has a copy of the Note to Physicians that is placed on the labels of dangerous pesticides.

Treatment for pesticide poisoning is very precise. The antidotes can vary for the different pesticides. In an emergency, call your doctor and provide specific information on the trade name and common name of the pesticide exposed to. Your doctor will then consult the center if necessary.

Tables 26, 27, and 29 list restricted fungicides, insecticides, and herbicides that are commonly recommended for vegetable disease, insect, and weed control along with their oral and dermal LD₅₀ values. Materials with an LD₅₀ value of less than 100 should be considered highly toxic and handled with extreme caution.

Spills. The National Response Center can help you decide how to respond to a spill. They can be reached at: 1-(800)-424-8802. In addition, CHEMTREC maintains a large database of Material Safety Data Sheets, chemical information references, resources, and networks of chemical and hazardous material experts. CHEMTREC provides access to technical information regarding chemical products as well as telephone access to product specialists, chemists, or other experts. (1-800-262-8200 in the U.S. or 703-741-5500 outside the U.S.)

The Comprehensive Environmental Response, Compensations, and Liability Act (CERCLA) requires that all releases of hazardous substances (including radionuclides) exceeding reportable quantities be reported by the responsible party to the National Response Center (NRC). Title 40 of the Code of Federal Regulations Part 302 promulgates reportable quantities and reporting criteria. All the Extremely Hazardous Chemicals (EHS) that overlap with the CERCLA listed chemicals table (40 CFR Part 302.4) should be reported to NRC as well as to the LEPC and SERC.

For small pesticide spills or for more information, call the pesticide manufacturer or the National Pesticide Information Center (NPIC) at 1-800-858-7378. 

Reporting a Spill: The National Response Center (NRC) is the sole federal point of contact for reporting oil and chemical spills. If you have a spill to report, contact NRC at 202-267-2675 or 1-800-424-8802 (toll-free) or visit https://www.epa.gov/emergency-response/national-response-center for additional information on reporting requirements and procedures. Producers should be aware that they may be required to report spills to their state Lead Agency (SLA)  or their state Department of Environmental Protection.