State Pesticide Laws

Allen B. Lemmon.

Ordinarily the user of a pest-control material cannot himself investigate or test the effectiveness of the product. He must rely on the manufacturer's warranties. Various State laws give him as well as the manufacturers and the public a measure of protection.

The first pesticide law was adopted by New York State in 1898 to regulate the sale of paris green, then the most important insecticide. Similar laws were adopted the following year by Oregon and Texas, and in 1901 by California, Louisiana, and Washington. In 1910, the Federal Insecticide Act was enacted. It was supplanted in 1947 by the Federal Insecticide, Fungicide, and Rodenticide Act, which provides coverage of additional types of pest-control materials.

The scope of the State pesticide laws was similarly increased as the importance of new materials has been realized. Before the Second World War, many of the State pesticide laws followed the general pattern set by the Federal Insecticide Act of 1910. Some of them pertained only to certain types of pest-control chemicals. With the development and widespread use of DDT and other synthetic organic pesticides, the need for control of the labeling and sale of these economically important and potentially injurious materials has been reflected by the enactment and amendment of State laws. The scope of many laws has now been extended to include any substance intended to be used for preventing, destroying, repelling, or controlling any insects, fungi, bacteria, weeds, rodents, predatory animals, or any other form of plant or animal life which is a pest.

It would serve no useful purpose to tabulate the details of individual State laws now in effect because this type of legislation is particularly active, and amendments anticipated in many States would soon render the information obsolete. The table gives a summary of the general characteristics of State pesticide laws and the names and addresses of the agencies enforcing them at the end of 1951.

A uniform State act has been adopted by 19 States. One of these dropped the registration procedure and several have omitted the provision with regard to registration under protest. Eight States have no economic poisons law. Two others have such limited coverage as to be in the class with those that have none. This leaves 19 States with various laws, some of which are more inclusive than the uniform act, and others that will probably be brought up to date as legislators have time. Requirements of the individual laws and information with regard to their administration may be had by writing to the agency concerned.

At the time the Federal law was modernized it was realized that corresponding action should be taken to modernize the different State pest-control laws. At the request of the National Association of Commissioners, Secretaries, and Directors of Agriculture, the Council of State Governments developed a proposed State insecticide, fungicide, and rodenticide act. This was drafted for the convenience of States that might wish to consider legislation to protect the public against misbranded or adulterated pesticides and to establish uniform State and Federal requirements for the marketing of these materials.

When State laws and regulations covering insecticides and other economic poisons vary greatly from State to State, it is difficult for a manufacturer to prepare a label that will meet both Federal and State requirements. If he has national distribution, several different labels may be required for the same product, and the possibility always exists that improperly labeled material will be sent into a State that requires a different type of label. This places a heavy burden on the manufacturers who operate in more than one State. The result is an increase in the costs of doing business and ultimately in higher prices paid by farmers and other users.

The uniform State insecticide, fungicide, and rodenticide act provides a basis for uniform action by the States. As used in the act the term "economic poison" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses (except viruses on or in living man or other animals) that the commissioner declares to be a pest. To avoid the implication that all economic poisons are highly toxic to human beings, or that the scope of the law is restricted to poisons, as that term is commonly used, it is becoming customary to refer to pest-control chemicals as pesticides.

An important provision of the law is with regard to registration of pesticides before they are offered for sale in a State. Registration serves as a screen to prevent ineffective, fraudulent, or dangerous economic poisons from being marketed in the State. It helps enforcement and permits correction of unsatisfactory or illegal labeling before a product enters trade.

Some State laws provide that registration of any pesticide may be refused or canceled after a hearing, if the product is of little or no value for the purpose for which it is intended or is detrimental to vegetation ( except weeds), domestic animals, or public health and safety when properly used. Similar action may be taken if false or misleading statements concerning the product are made or implied by the firm or its agent, orally or in writing or in advertising.

In the States where laws do not provide for refusal of registration and there is disagreement between the applicant and the enforcement agency with regard to the acceptability of a product, the applicant may demand "registration under protest." This is a controversial provision in the uniform State insecticide, fungicide, and rodenticide act and many, believing that an official should not be required to register a questionable product under protest, prefer a hearing procedure whereby the facts can be determined and registration absolutely refused for a product that is worthless or too hazardous to use. The registrant is protected against misjudgment or arbitrary action of the administration in that he can bring court action if he believes the official's actions are in violation of law.

REGISTRATION of new pesticides is a difficult administrative problem. New products are constantly being developed, involving new chemicals, new combinations of chemicals, or new uses for chemicals. (In California, for example, the number of pesticides registered for sale has doubled every 10 years, and approximately 10,000 products are registered now.) Before an economic poison can be accepted for registration, adequate data must be available to demonstrate its effectiveness for the purpose intended, and that the proposed handling and use do not present any intolerable hazard. The necessary data depend somewhat upon the particular type of product involved. Although not all the items are pertinent to a specific product, the type of information that may be needed to establish the eligibility of the product for general sale is suggested by the following outline:

Chemical and physical:

1. Chemical name.

2. Chemical formula.

3. Chemical structure.

4. Melting point.

5. Boiling point.

6. Vapor pressures at various temperatures.

7. Solubilities in various solvents.

8. Odor.

9. Density. (This is important for some liquid products to compare dosages by volume and by weight).

10. Corrosive action on metals.

11. Flammability.

12. Stability (hydrolysis, oxidation, sunlight, explosion hazard).

13. Compatibility with other economic poisons.

14. Suitable diluents.

15. Purities, grades, or mixtures to be available commercially.

Proposed usage:

1. Name or names of the pest, pests, or type of pest for which the product affords control.

2. Name or names of the plants, crops, animals, or places to which product is to be applied.

3. Dilution recommended. (For example, "Use without dilution." "Use 1 gallon with 99 gallons water to make 100 gallons of spray.")

4. Preparation for use. (For example, "Fill the tank one-quarter full of water. Start agitator running. Slowly add the emulsion and then fill the tank." "Maintain agitation while using").

5. Method of application. (For example, "Apply as a spray, using particular care to wet thoroughly the lower side of the leaves; dust plants thoroughly to touch as many of the insects as possible").

6. Rate of application. (For example, "Apply 15 gallons per tree." "Use 5 pounds per thousand square feet of lawn." "Apply 25 pounds per acre." "Apply 200 pounds per acre and disk into the soil.")

7. Time of application. (For example, "Apply when buds begin to swell in spring." "Apply when jackets are falling from the fruits." "Apply when insects first appear." "Apply before plants start to head." "Do not apply during blooming period."

8. Frequency of application. (For example, "Dust plants thoroughly at 3-week intervals during growing season." "Do not spray oftener than twice a year.")

Effectiveness:

Experimental data available to demonstrate the effectiveness and suitability of the product for the intended usage. This must include pests treated on specific crops under climatic and soil conditions similar to that of State where registration is requested.