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Federal Facilities and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) regulates the sale and use of pesticides in the United States. Like private industry, federal facilities are subject to labeling requirements, worker training and protection standards, safe management, storage and disposal of pesticides, and proper record keeping. Part of EPA's mission is to ensure that federal facilities comply with these requirements.

EPA has oversight responsibility for the regulation of pesticide use in most States and primary responsibility in those States where all or part of the pesticide program has not been delegated. Amendments to FIFRA have delegated responsibility and authority to States for training, registration, and enforcement.

Government Agency Plan - Federal agencies that conduct pesticide applications in more than one State must prepare a Government Agency Plan (GAP) determining and attesting to the competency of Federal employees whose duties require them to use or supervise the use of restricted use pesticides.

EPA Enforcement

EPA’s enforcement authorities are set forth in FIFRA §13 and §14. Section 13 addresses EPA’s authority to issue a “stop sale,” use, or removal order whenever a pesticide or device is found to be in violation of FIFRA requirements. Section 14(b) imposes criminal penalties for violations of FIFRA and its implementing regulations. EPA prohibits the sale and distribution of unregistered, adulterated, or misbranded pesticides and the use of any registered pesticide in a manner inconsistent with its labeling.

However, FIFRA does not contain a waiver of sovereign immunity of the United States so EPA does not have the legal authority to impose penalties or issue order to federal agencies for FIFRA violations. Typically, EPA will negotiate a compliance agreement with Federal agencies to remedy their violation of FIFRA requirements.

Please also visit FedCenter, an interagency virtual compliance assistance center for federal facilities.

 


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