Federal Insecticide, Fungicide and Rodenticide Act State Primacy
State Grants Topics
- Federal Insecticide, Fungicide and Rodenticide Act STAG Program
- Toxic Substance Control Act STAG Program
- State Environmental Enforcement Training Grant (SEET) Program
States have primary enforcement responsibility for pesticide use/misuse violations under sections 26 and 27 of the Federal Insecticide, Rodenticide and Fungicide Act (FIFRA). Additionally, standards and procedures for rescinding such authority under specified circumstances are detailed.
EPA issued two Federal Register notices governing how the Agency oversees the states:
- FIFRA State Primacy Enforcement Responsibilities: Final Interpretive Rule (PDF) (8pp, 943 KB,About PDF)
- Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use Violations (PDF) (3pp, 362 KB,About PDF)
Additional guidelines are included in the FIFRA State and Tribal Assistance grant guidance.
Under this system, states may refer potential use violations to EPA for enforcement action.
While FIFRA does not authorize tribes to be granted primacy, EPA may treat tribes who have cooperative enforcement agreements with EPA and who have appropriate use enforcement authority as having primacy.