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Topic: FIFRA

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In the News (Sun 21 Jul 19)

  fifra   (Site not responding. Last check: 2007-09-19)
It is administered by the Environmental Protection Agency (EPA) and the appropriate environmental agencies of the respective states.
FIFRA established registration for all pesticides, which is only done after a period of data collection to determine the effectiveness for its intended use, appropriate dosage, and hazards of the particular material.
FIFRA established a system of examination and certification both at the private level and at the commercial level for applicators who wish to purchase and use restricted pesticides.
www.yourencyclopedia.net /FIFRA.html   (390 words)

 Risk/Benefit Balancing Under FIFRA (EPA, 1/90)   (Site not responding. Last check: 2007-09-19)
FIFRA requires that all pesticides intended for use in the United States be registered (licensed) by EPA to ensure that they do not cause "unreasonable adverse effects on man or the environment".
FIFRA defines unreasonable adverse effects as "any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide." Pesticides may pose some risk because they are meant to kill or control insects, weeds, rodents, and other pests.
FIFRA authorizes EPA to conduct such full and public risk/benefit analysis of pesticides through its Special Review process or under circumstances where data show that a pesticide may pose an imminent hazard to human health or the environment.
pmep.cce.cornell.edu /regulation/pcdregs-lib/risk.benefit.fifra.issues.html   (2697 words)

 [No title]   (Site not responding. Last check: 2007-09-19)
FIFRA FIFRA section 2(u) defines ``pesticide'' as: ``(1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliator, or desiccant.
FIFRA section 25(b) allows the Agency to exempt a pesticide if it is of a character unnecessary to be subject to the Act in order to carry out the purposes of the Act.
FIFRA section 25(b)(2) allows the Agency to exempt a pesticide from FIFRA regulation if it is of a character unnecessary to be subject to the Act in order to carry out the purposes of the Act.
gophisb.biochem.vt.edu /epasrc/proposed/fifra/FIFRA1.proposed-policy.txt   (18049 words)

 [No title]   (Site not responding. Last check: 2007-09-19)
Regulations promulgated under FIFRA and appearing at 40 CFR 162.5(c)(4) specify that microorganisms, when used as pesticides, are regulated under FIFRA.
The Agency may decide to require an EUP to ensure that the experiment is conducted within certain defined limitations, the necessary data are developed to assess the proposal, or certain kinds of data are developed during the test and reported to the Agency.
Under FIFRA, the Agency would therefore be notified before initiation of small-scale field testing of the microbial pesticide in the continental U.S. In normal usage, nonindigenous organisms are generally considered to be naturally occurring organisms placed in environments where they are not native or have not evolved.
gophisb.biochem.vt.edu /epasrc/enacted/epa.gui.txt   (15496 words)

 CRS Report RL30022: Summaries of Environmental Laws Administered by the EPA
FIFRA prohibits sale of any pesticide in the United States unless it is registered and labeled indicating approved uses and restrictions.
But the broad definition of "pesticide" in FIFRA also applies to products with less familiar "pesticidal uses." For example, substances used to control mold, mildew, algae, and other nuisance growths on equipment, in surface water, or on stored grains are pesticides.
However, Section 3 of FIFRA provides for a 10-year period of "exclusive use" by the registrant of data submitted in support of an original registration or a new use.
www.ncseonline.org /nle/crsreports/briefingbooks/laws/l.cfm?&CFID=90059&CFTOKEN=68903165   (1365 words)

 New York - FIFRA Preemption evolves
Dow Chemical Co., 252 A.D 2d 31, 683 N.Y.S. 2d 619 (1998), the Third Department held that FIFRA did not preempt breach of express warranty claims that a pesticide applicator falsely represented that a pesticide application was safe for an asthmatic family.
The Third Department held that, although FIFRA preempted warnings claims against a pesticide applicator, the breach of express warranty claims here did not arise from the required label and were not preempted.
Tyler rejected Terminix's expansive reading of FIFRA preemption, which would have immunized all statements and claims pertaining to safety, even voluntary ones, as well as false statements concerning health and safety issues within the scope of the label warnings.
www.safe2use.com /ca-ipm/00-11-01.htm   (1705 words)

The amended FIFRA in 1972 changed the process for registering a pesticide with the addition of new requirements to enable evaluation of risks and environmental impacts associated with pesticides.
FIFRA forbids the use of a pesticide is a manner inconsistent with its label and denies registration of pesticides that may have unreasonable adverse effects to man or the environment.
Under FIFRA and other federal regulations governing pesticide use, state agencies are authorized to (1) implement enforcement of federal regulations, and (2) assume responsibility for training and monitoring pesticide applicators.
ipmworld.umn.edu /chapters/willson.htm   (6396 words)

 Thelen Reid & Priest: Articles & Legal Updates   (Site not responding. Last check: 2007-09-19)
FIFRA allows states to regulate the use or sale of any federally registered pesticide only to the extent the regulation does not conflict with a sale or use governed by the Act.
FIFRA also prohibits a state from imposing any labeling or packaging requirements "in addition to or different from" those provided for in the Act.
Prior to the Etchiverry decision, federal courts at both the district and appellate level had agreed that FIFRA precludes an individual from bringing a state law cause of action for failure to warn against manufacturers because the standards of tort law constitute requirements "in addition to or different from" the provisions of FIFRA.
www.thelenreid.com /articles/report/rep382_idx.htm   (479 words)

 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
If EPA, consistent with current provisions of FIFRA, were now to disclose such trade-secret data or consider those data in evaluating the application of a subsequent applicant in a manner not authorized by the version of FIFRA in effect between 1972 and 1978, its actions would frustrate appellee's reasonable investment-backed expectation.
If, however, arbitration pursuant to FIFRA were to yield just compensation for the loss in the market value of appellee's trade-secret data suffered because of EPA's consideration of the data in connection with another application (no arbitration having yet occurred), then appellee would have no claim against the Government for a taking.
Prior to the 1972 amendments, FIFRA was silent with respect to EPA's authorized use and disclosure of data submitted to it in connection with an application for registration.
caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=467&invol=986   (11053 words)

 Florida Solid and Hazardous Waste Regulation Handbook: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Nitrogen stabilizers may be exempt from FIFRA if they are distributed and sold solely to prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria and for no other pesticidal purposes and meet some additional criteria.
FIFRA is administered by EPA, but the statute specifies that states are to have primary enforcement responsibility if they demonstrate to EPA that they have adopted adequate regulations and enforcement mechanisms.
It is a violation of FIFRA to use or dispose of a pesticide in a manner inconsistent with its labeling.
edis.ifas.ufl.edu /FE446   (1640 words)

 69 Fed. Reg. 4465-4480 (January 30, 2004) -- Joint Counterpart Endangered Species Act Section 7 Consultation Regulations   (Site not responding. Last check: 2007-09-19)
FIFRA is the primary statute under which EPA regulates the use of pesticides in the United States.
FIFRA gives EPA authority to require registrants to provide data if EPA “determines [the] additional data are required to maintain in effect an existing registration of a pesticide.” FIFRA section 3(c)(2)(B).
Authorized under FIFRA section 25(d), the SAP is chartered under FACA and consists of seven permanent members appointed by the EPA Administrator and additional ad hoc members who are selected to serve on panels addressing specific scientific issues to which they can contribute their expertise.
www.crop-protection.net /x/fedreg/2004/FWS-20040130A.html   (12906 words)

 University of Georgia - Office of the Vice President for Research - Quality Assurance
The FIFRA GLP standards specify minimum practices and procedures which must be followed in order to ensure the quality and integrity of data submitted to EPA in support of a research or marketing permit for a pesticide product.
When EPA published its final FIFRA and TSCA GLP standards in the Federal Register of November 29, 1983, EPA sought to harmonize the requirements and language with those regulations promulgated by FDA in the Federal Register of December 22, 1978 (43 FR 60013), and codified as 21 CFR part 58.
The entire FIFRA GLP rule (40 CFR part 160) is published in this notice to simplify interpretation and facilitate the use of this notice by the regulated community.
www.ovpr.uga.edu /qau/pream1.html   (12232 words)

 EPA Policy Document (September 1997) -- Worker Protection Standard Penalty Policy   (Site not responding. Last check: 2007-09-19)
The FIFRA Worker Protection Standard (WPS), 40 CFR Part 156 Subpart K and Part 170, was published in 1992 and amended at 60 FR 21953, May 3, 1995, and 61 FR 33213, June 21, 1996.
FIFRA provides that a private applicator or other person that is not a registrant, commercial applicator, wholesaler or other distributor (also known as a 14(a)(2) violator category) shall receive a NOW for a first-time offense.
As stated in the FIFRA ERP, once it is determined that a civil administrative penalty is appropriate, a separate civil penalty, up to the statutory maximum, shall be assessed for each independent violation of FIFRA (pg.
www.pestlaw.com /x/enforce/EPA-19970900A.html   (3248 words)

 Pesticide Laws and Regulations, G79-479 (Revised October 2002)   (Site not responding. Last check: 2007-09-19)
FIFRA and the Nebraska Pesticide Act, which was enacted in 1993, are the principal statutes governing pesticide use in Nebraska..
FIFRA requires pesticide manufacturers to register each of their products with the U.S. Environmental Protection Agency either as a general use (GUP) or restricted use (RUP) pesticide with the exception of a few minimum-risk active ingredients.
A private applicator is defined as a certified applicator who uses or supervises the use of a restricted use pesticide to produce an agricultural commodity on property he or she owns or rents, on an employer's property, or on the property of another person IF there is no compensation other than trading personal services.
ianrpubs.unl.edu /pesticides/g479.htm   (2465 words)

 [No title]
Certain ultraviolet light systems, ozone generators, water filters and air filters (except those containing substances which are pesticides), and ultrasonic devices, for which claims are made to kill, inactivate, entrap, or suppress the growth of fungi, bacteria, or viruses in various sites, 2.
Under FIFRA section 2(q)(1) a device is considered to be misbranded and subject to enforcement action if: 1) Its labeling bears any statements, designs, or graphic representations, which are false or misleading (see 2.b.
FIFRA section 8 and 40 CFR 169 provide information on such records that are required to be maintained by producers of devices.
www.ceris.purdue.edu /info/bluebook/chapt10.txt   (804 words)

 Texas Department of Agriculture - Pesticide Registration Program Policy on Section 2(ee) Recomendations   (Site not responding. Last check: 2007-09-19)
The recommendation(s) must comply with all applicable provisions of Section 2(ee)(1-4) of FIFRA as amended: Section 76.046(c)(4) of the Texas Pesticide Law and Section 7.10(a)(g) of the Texas Pesticide Regulations, EPA PR Notice 82-1 and FIFRA Compliance Program Policy No. 2.1.
FIFRA Section 2(ee) Recommendations must not be attached to the product container or placed in the container shipment box or accompany the product at any time.
FIFRA Section 2(ee) literature for a product may be disseminated at retail outlets as counter cards, tear-off pads of materials and other methods of distributions provided the provisions of (3) and (4) above are met.
www.agr.state.tx.us /pesticide/registration/pes_2ee.htm   (462 words)

 Background - Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)   (Site not responding. Last check: 2007-09-19)
FIFRA governs commercially produced pesticides intended for a single use.
FIFRA requires that each manufacturer register each pesticide and its label with EPA before it can be manufactured for commercial use.
Prospective pesticide manufacturers are required to submit a registration application to EPA, a proposed label, a statement of all claims to be made for the pesticide, directions for its use, a confidential statement of the formula, and a description of the tests which provide the basis for the manufacturer’s claims.
www.chemalliance.org /Handbook/background/back-fifra.asp   (268 words)

 Agripedia | Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)   (Site not responding. Last check: 2007-09-19)
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) was originally passed in 1947.
In 1970, the administration of FIFRA was passed to the newly created EPA.
FIFRA required that no pesticide may be sold unless the manufacturer registers the product with the EPA and the EPA approves its use.
www.ca.uky.edu /Agripedia/GLOSSARY/fifra.htm   (113 words)

 EPA Complaint Against Micro Flo Company (Sept. 11, 2001) -- Enforcment Case Seeking $3.7 Million  and Alleging ...   (Site not responding. Last check: 2007-09-19)
According to FIFRA Section 12(a)(2)(M), 7 U.S.C. § 136j(a)(2)(M), it shall be unlawful for any person to knowingly falsify all or part of any report filed under this subchapter.
Respondent violated FIFRA Section 12(a)(2)(M), 7 U.S.C. § 136j(a)(2)(M), in that Respondent falsified the NOA it submitted to EPA, by using the EPA Registration Number 51036-295 to falsely claim that the imported unregistered pesticide, Permethrin Technical, was an EPA registered pesticide.
Section 14 of FIFRA, 7 U.S.C. l, in conjunction with the Debt Collection improvement Act of 1996, authorizes the issuance of this Complaint for the assessment of a civil penalty.
www.pestlaw.com /x/enforce/microflo.html   (10136 words)

 AFPMB - Pest Management Training and Certification
FIFRA (reference (c)) pesticide applicator trainees shall participate in apprentice training under the supervision of a DoD-certified applicator, or if one is not available, under the guidance of a DoD pest management professional for a minimum of 1 year.
When an overseas installation is under the jurisdiction of the EPA and FIFRA (reference (c)) (for example, Guam and Puerto Rico) training and certification requirements are the same as for CONUS.
FIFRA (reference (c)) certification and recertification courses conducted OCONUS shall be conducted, in accordance with DoD 4150.7-P (reference (b)).
www.afpmb.org /pubs/dir_inst/dod4150.7-m.htm   (11148 words)

 University of Georgia - Office of the Vice President for Research - Quality Assurance
(2) An application for an experimental use permit under FIFRA section 5.
(6) A submission of data in response to a notice issued by EPA under FIFRA section 3(c)(2)(B).
"FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. 136 et seq).
www.ovpr.uga.edu /qau/epaglp_a.html   (6197 words)

 EPA: Pesticides - Laws
EPA regulates the use of pesticides under the authority of two federal statutes: the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA).
The Food Quality Protection Act of 1996 (FQPA) amended FIFRA and FFDCA setting tougher safety standards for new and old pesticides and to make uniform requirements regarding processed and unprocessed foods.
Each volume of the CFR is revised once each calendar year and updated on a quarterly basis, Title 40 is issued every July 1.
www.epa.gov /pesticides/regulating/laws.htm   (733 words)

Eyl also argued that even if FIFRA preempts failure to warn claims, it does so only for labeling-based claims in which there is a failure to warn the user and that because he was a bystander and not a user, his claims are not label-based.
Eyl also argued that FIFRA preempts only claims that are labeling-based and directed to the actual user, but he was not a user of the product.
The overwhelming majority of courts have held that FIFRA preempts plaintiffs' claims that the lack of point-of-sale signs or consumer notices are not related to labeling and packaging.
www.bennettlawfirm.com /mealey.htm   (5817 words)

Food Quality Protection Act of 1996 amended both FIFRA and Federal Food, Drug and Cosmetic Act (FFDCA) 1970 to provide a more comprehensive and coordinated protective regulatory scheme for pesticides
TSCA and FIFRA differ from (health standards portion of) CAA and CWA in that they use a risk-cost balancing approach to the regulation and use of toxic substances
FIFRA amendments in 1972 established the basic structure of the present law
www.public.iastate.edu /~c_r_p.491/0401tscafifra.htm   (1027 words)

 FR Doc 04-1963
FIFRA and Pesticide Regulation FIFRA is the primary statute under which EPA regulates the use of pesticides in the United States.
Process for elevating and resolving disagreements between EPA and the Service In response to the ANPR, the Services received comments from over 300 groups, organizations, and individuals, about half of which were letters and post cards from different individuals making the same comment.
Any such final opinion or statement will be signed by the Service Director, who may not delegate this authority beyond certain designated headquarters officials, and would constitute the opinion of the Secretary and the incidental take statement, reasonable and prudent measures, and [[Page 4474]] terms and conditions under section 7(b) of the Act.
a257.g.akamaitech.net /7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-1963.htm   (12489 words)

 Re: FIFRA Preemption: The 007 Law, a license to kill   (Site not responding. Last check: 2007-09-19)
Re: FIFRA Preemption: The 007 Law, a license to kill
Re: USA Today: FIFRA, 10/08/03, by Phares Heindl.
Re: FIFRA Preemption: The 007 Law, a license to kill, 10/08/03, by ff.
toxlaw.com /chatboards/toxboard/topic4668/   (306 words)

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