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Types of FIFRA Inspections

FIFRA Topics

There are 12 different types of inspections conducted by EPA and its regulatory partners under the Federal Insecticide, Fungicide, and rodenticide Act (FIFRA). A brief description of each is provided below.

Good Laboratory Program (GLP) Inspections
Establishment Inspections
Use Inspections
WPS Inspections
Marketplace Inspections
For Cause Inspections
Import and Export Inspections
Experimental-Use Permit Inspections
Certified Applicator License and Records Inspections
Restricted-Use Pesticide Dealer Inspection
Restricted-Use Applicator Inspections
Cancellation and Suspension Inspections

Establishment Inspections

Establishment inspections are either conducted "for cause," i.e., as a result of a complaint received by EPA or the state concerning a potential violation, or under a "neutral administrative inspection scheme." A neutral administrative inspection scheme allows for a non-arbitrary method of identifying inspection targets and the neutral selection of establishments for inspection.

Objectives specific to the enforcement of FIFRA through establishment inspections include:

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Use Inspections

Use inspections encompass a wide variety of pesticide use circumstances and inspection sites. Although many aspects of pesticide compliance are involved, the primary focus is on use inconsistent with the label and the Worker Protection Standard (WPS). Inspection opportunities include, but are not limited to the following areas of pesticide use:

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WPS Inspections

Agricultural establishments are defined, by 40 CFR section 170.3, as farms, nurseries, greenhouses and forests. Routine WPS agricultural-use inspections are conducted at agricultural establishments to ensure users of pesticides subject to WPS comply with requirements of product label(s) by examining practices of agricultural and handler employer and their employees are in compliance with:

The goal in conducting routine WPS agricultural-use inspections is to monitor employer compliance. Inspections should be performed during the significant periods of the agricultural production season, such as:

Noncompliance with WPS results in pesticide misuse violations - specifically, FIFRA section 12(a)(2)(G), whereby it is unlawful for any person "to use any registered pesticide in a manner inconsistent with its labeling."

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Marketplace Inspections

Marketplace inspections serve as a valuable inspection activity to ensure compliance. The marketplace is a good location to check:

Marketplace inspections ensure industry compliance with product registration, formulation, packaging and labeling requirements and that products are correctly distributed to the channels of trade. In addition, these inspections help EPA and its regulatory partners determine whether procedures for the disposal and storage of pesticides, pesticide containers and pesticide-related wastes are being followed.

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For Cause Inspections

For Cause inspections substantiate and document alleged pesticide misuse. They are usually initiated in response to a complaint, damage report, referral or tip following a pesticide application. For Cause inspections also are conducted under sections 18 and 24(c) of FIFRA.

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Import and Export Inspections

Import and export inspections ensure that pesticides and devices imported into or exported from the United States comply with the requirements of FIFRA. Imported pesticides and devices that are found not to be in compliance must be detained and, if those items are not brought into compliance, refused entry.

Export inspections generally are conducted at producing establishments, but also may occur during port visits or marketplace inspections where pesticides are stored pending export. Imported pesticides and devices can be inspected at different Ports of Entry or other locations depending on how the shipment arrived in the United States and status of the shipment.

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Experimental-Use Permit Inspections

Experimental-Use Permit inspections determine whether the terms and conditions of the permit are adequate to avoid unreasonable adverse effects on the environment and whether the terms and conditions of the permit are being met.

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Certified Applicator License and Records Inspections

Normally conducted at a pesticide applicator's place of business, this type of inspection determines if:

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Restricted-Use Pesticide Dealer Inspection

Restricted-Use Pesticide (RUP) Dealer inspections are conducted to determine compliance with FIFRA record keeping requirements (40 CFR sections 169.3(b) and 171.11(g)) regarding sales and distribution of RUPs and to ensure that RUPs are sold only to certified applicators or non-certified persons for application by a certified applicator who is specifically certified for use of the particular RUP.

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Restricted-Use Applicator Inspections

Restricted-Use Pesticide (RUP) Applicator inspections are conducted to determine compliance with FIFRA record keeping requirements (40 CFR section 171.11(c)(7)) regarding application of RUPs and to ensure that RUPs are applied properly.

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Cancellation and Suspension Inspections

Cancellation and suspension inspections determine compliance with the Agency's orders concerning suspended and/or canceled products. EPA's policy is to follow up all suspension and/or cancellation orders with the appropriate surveillance and regulatory action, as dictated by the nature of the order. Compliance monitoring strategies are generally developed for each suspension and/or cancellation order.

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Compliance Assistance | Compliance Monitoring | Compliance Incentives

 


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