Colorado Private Pesticide Applicator Training Manual

Transcription

1 Revised 12/06 Colorado Private Pesticide Applicator Training Manual Colorado Department of Agriculture Division of Plant Industry 700 Kipling, Suite 4000 Lakewood, CO Colorado State University Environmental Pesticide Education Program 1177 Campus Delivery Ft Collins, CO

2 Edited by: Tara Steinke, CSU Pesticide Education Research Associate Elizabeth Buffi ngton, CSU Environmental Pesticide Education Research Associate Sandra K. McDonald, CSU Extension Environmental Pesticide Education Specialist Acknowledgments: Portions of this training manual were adapted from the General Colorado Commercial Pesticide Application and Safety Training Guide and Pesticide Applicator Training manuals from the U.S. EPA, Iowa State University, Washington State University, and University of Nebraska. The following are gratefully acknowledged for reviewing this publication and for their valuable suggestions: Wayne Gustafson, Agland, Inc.; Steve Sackett, Kugler Company; the CSU Environmental Pesticide Education Program staff, including Josephine Ogg and Clark Oman; EPA Region 8 staff, especially Jaslyn Dobrahner; and Colorado Department of Agriculture staff. This publication was funded by EPA Region 8 and Colorado Department of Agriculture. Acknowledgments for Illustrations: Elizabeth Buffi ngton, CSU Environmental Pesticide Education Research Associate. p. 33. Amanda Crump, CSU Environmental Pesticide Education Research Program Assistant. p Jack Dykinga, USDA ARS. p Ken Hammond, USDA. p Bill Jacobi, CSU Professor of Plant Pathology. p. 69. Loke T. Kok, Virginia Tech. p Jonathan Schild, former CSU Environmental Pesticide Education Program Assistant. p. 7, p. 11, p. 40, p. 41, p. 55, p. 72. Twin Platte Natural Resources District. p M. J. Weaver, Virginia Tech. p. 80, p. 123.

3 Table of Contents Table of Contents INTRODUCTION...5 How to Use This Manual...5 Preparing for the Exam...6 LAWS AND REGULATIONS...7 The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)... 7 USDA Record Keeping Requirements...10 Worker Protection Standard...12 The Endangered Species Act...18 Emergency Planning and Community Right-to-Know Act...18 The Federal Food, Drug, and Cosmetic Act (FFDCA)...19 The Food Quality Protection Act (FQPA)...19 Safe Drinking Water Act (SDWA)...20 Agricultural Chemicals and Groundwater Protection Act...20 PESTICIDE LABELING...23 Labels and Labeling...23 Types of Registrations...32 Reading and Understanding the MSDS...33 PESTICIDE TOXICITY TO HUMANS...37 Hazards Associated with Pesticides...37 Toxicity and Hazard...37 How Pesticides Enter the Body...40 Recognizing Signs and Symptoms of Poisoning...41 Recognizing Common Pesticide Poisonings...42 USING PESTICIDES SAFELY...45 Personal Protective Equipment (PPE)...45 First Aid Procedures...52 Pesticide Spills...57 Fires...59 Accidents...60 ENVIRONMENTAL HAZARDS...63 Hazards to Wildlife and Endangered Species...63 Damage to Pollinating Insects...64 Damage to Biological Control Organisms...66 Pesticide Residues on Crops...67 Phytotoxicity...68 Pesticide Drift...70 Pollution of Water Resources...72 PESTICIDE STORAGE, DISPOSAL AND TRANSPORTATION Pesticide Storage...77 Pesticide Disposal...79 Transportation of Pesticides...83 GENERAL PESTS...87 Insects...87 Snails and Slugs...90 Vertebrates...90 iii

4 Table of Contents Weeds...91 Plant Diseases...93 INTEGRATED PEST MANAGEMENT...99 Identify Pests...99 Defi ne the Management System Develop the Pest Management Strategy Develop Reliable Monitoring Techniques Use Economic Thresholds Prevention Mechanical Control Biological Control Chemical Control Evaluation Record Keeping PESTICIDE CLASSIFICATIONS AND FORMULATIONS Pesticide Types Classifi cation of Pesticides Pesticide Formulations Adjuvants BASIC APPLICATION Before Application During Application After Application APPLICATION EQUIPMENT AND CALIBRATION Low Pressure Boom Sprayers High Pressure Sprayers Air Blast Sprayers Low Volume Air Sprayers (Mist Blowers) Ultra-Low Volume Sprayers (ULV) Aerosol Generators (Foggers) Hand Sprayers Granular Applicators Band Applicators Soil Injection of Fumigants Miscellaneous Soil Injection Systems Dusters Chemigation New Types of Application Equipment Calculating Areas Calculating the Application Rate Diluting Pesticides Correctly INDEX LIST OF ABBREVIATIONS GLOSSARY PRIVATE PESTICIDE RECORD KEEPING FORM iv

5 Introduction The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) sets minimum standards for persons handling restricted use pesticides (RUPs). Federal law requires that some pesticides be classifi ed as restricted use. RUPs may be sold only to and used by certifi ed applicators because they pose an increased risk to humans and/or the environment. Introduction In Colorado, a farmer, rancher or greenhouse grower is certifi ed as a private applicator following successful completion of the enclosed exam. Private Pesticide Applicator Certifi cation authorizes you to use or supervise the use of RUPs only to produce an agricultural commodity (defi ned as: any plant or animal for sale, consumption or propagation. For full defi nition see the glossary) on: Personally owned property Rented property on which you are producing agricultural commodities Property owned by your employer On the property of another for no compensation other than trading of personal services between producers. Private applicator certifi cation does NOT authorize you to apply pesticides on someone else s property and charge a fee for the service. If you wish to apply pesticides for hire, you must fi rst obtain a commercial applicator certifi cation and a business license from the Colorado Department of Agriculture (CDA) at This manual contains useful information that will help you learn about applying pesticides safely and help you to meet the Colorado private pesticide applicator certifi cation requirements. It does not include all the information that you need to know about the pests you wish to control. How to Use This Manual This guide has 11 chapters. The chapters within this guide follow the subject areas on which you will be tested. A Chapter Overview precedes the body of each chapter. These overviews highlight the key information contained in the chapters. These target learning objectives are illustrated by a target icon located next to each chapter overview heading. A list of Additional Resources is also included at the end of each chapter. The section is included only to provide you with additional Example target icon 5

6 Introduction information above and beyond what is presented in this study guide. These additional resources are illustrated by a book icon located next to each additional resources heading. Example book icon The Glossary near the end of the guide will familiarize you with terminology used in the text. Terms that appear in the glossary are in boldface type upon fi rst use in the guide. A List of Abbreviations used in this guide appears after the glossary. You do not need to memorize all of the abbreviations on this list. They are provided only as a reference. Preparing for the Exam To prepare for the private applicator exam, read this study guide and accompanying materials. The private applicator exam consists of truefalse and multiple-choice questions drawn from the following subject areas: Laws and regulations General pests Pesticide labeling Integrated pest management Pesticide toxicity to humans Pesticide classifi cations and formulations Using pesticides safely Basic application Environmental hazards Application equipment and calibration Pesticide storage, disposal and transportation Additional Resources Colorado Department of Agriculture, Department of Plant Industry, 700 Kipling St., Suite 4000, Lakewood, CO Phone: CDA conducts exams, issues licenses, conducts inspections, investigates complaints of misapplication of pesticides by private applicators. Colorado Environmental Pesticide Education Program (CEPEP), 1177 Campus Delivery, Colorado State University, Ft. Collins, CO Phone: Pesticide education resources including factsheets, handbooks and training guides, and training videos. EPA Region 8, th Street, Suite 200, Denver, CO , pesthome.html. Many pesticide related topics. 6

7 Laws and Regulations Laws and Regulations Chapter Overview Provides a general understanding of the types of laws and regulations that may affect private pesticide applicators Emphasizes the importance of having up-to-date knowledge about how to comply with all laws and regulations that affect your own operation Outlines the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), United States Department of Agriculture (USDA) record keeping requirements, Worker Protection Standard (WPS), Endangered Species Act (ESA), and other laws and regulations Various Federal and State laws and regulations affect the production, labeling, use, storage, and handling of pesticides. Many of these laws are designed to insure the safety and effectiveness of pesticides by setting registration standards. Other laws also regulate uses of pesticides to minimize harmful effects to humans, wildlife, and other organisms. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) The most important pesticide law is the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Originally enacted in 1910, FIFRA set standards for labeling of pesticides. Since that time this law has been updated and amended to its current form. Enforcement Various penalties can be invoked for violations of FIFRA. For private applicators under FIFRA, civil penalties of up to $1,200 per offense may be assessed following a warning letter. Violations can also result in criminal penalties. Pesticide Classification An important part of the present law is the classification of pesticides into two categories: restricted use pesticides (RUP) or general use pesticides (GUP). Whether a pesticide is classifi ed as a RUP or GUP determines who may purchase and apply the pesticide. Labels of Federal RUPs prominently display the statement Restricted Use Pesticide followed by a statement referring to the special hazards of the product, such as Due to Acute Human, Avian, and Aquatic Invertebrate Toxicity. Many laws affect pesticide use 7

8 Laws and Regulations Pesticides are registered under FIFRA The decision to classify a pesticide as a RUP is based on a fi nding that substantial adverse effects to the applicator or environment may occur without additional regulatory restrictions. Pesticides may also be classifi ed as RUPs if unreasonable harm to humans or the environment may occur even if the pesticide is used as directed on label instructions. However, it is important to remember that all pesticides, restricted or general use alike, must be handled in a safe manner to minimize adverse effects. In addition, under the Colorado Pesticide Act Rules and Regulations, Title 35, Article 9, Part 13 there are also state restricted use pesticides. At present the pesticides restricted by Colorado are residual soil herbicides that have caused serious plant injury through misuse. State RUPs also are for sale to and for use only by certifi ed applicators or persons under their direct supervision. There is no label statement indicating that they are State RUPs. Prior to the enactment of laws establishing restricted use classifi cations, the only available legal action of the EPA against a pesticide with demonstrated human toxicity or environmental effects was to ban it. Restricted use regulation permits the continued use of many pesticides which might otherwise be subject to cancellation. When considering whether or not to classify a pesticide for restricted use, several factors are considered: accident history associated with the pesticide the known acute (short-term) or chronic (long-term) toxicity of the pesticide the hazards associated with the pesticide to nontarget species When reviewing the accident history of a pesticide, a review is made of all available information on the past use of the pesticide, including accident information. Research data from the manufacturer, independent research from private companies, as well as from Cooperative Extension personnel are included in this review. State regulatory agencies, wildlife agencies, and poison centers are also contacted. Data collected are analyzed to determine if any patterns of hazard have been associated with the use of the product. The toxicity of the pesticide to humans is a fundamental consideration in determining restricted use classifi cations. Highly toxic pesticides pose special risks to an applicator or farm workers and these increased risks are often suffi cient to require special training for the applicator. 8

9 Assessment of toxicity may also consider hazards associated with long term exposure such as health problems including cancer, reproductive disorders, and allergenic potential. Nontarget effects are hazards associated with use of the pesticide against species not directly targeted by application of the pesticide. For example, highly persistent pesticides that move into water, or pesticides which are concentrated in wildlife, are types of hazards that are given special regulatory attention. Pesticides may be classifi ed based on the percentage of the active ingredient (a.i.), how it is formulated, or where it may be applied. For example, concentrated formulations of highly toxic pesticides are typically classifi ed as RUPs while low percentage granules or wettable powders of the same active ingredient may be GUPs. As more information becomes available, current GUPs may become RUPs. Additional pesticides may be classifi ed as RUPs under federal or state law as they are reviewed for registration or when new information indicates a high degree of hazard associated with the pesticide. Information on current status of pesticide registrations is available from Cooperative Extension, the CDA, and the EPA. Only certifi ed applicators or persons under their direct supervision may purchase or apply RUPs. Colorado Restricted Use Pesticides by Active Ingredient bromacil sodium chlorate diuron sodium metaborate monuron tebuthiuron prometon Certification of Applicators Several types of applicators are recognized under the Colorado Pesticide Applicators Act, Title 35, Article 10. A private applicator is a person who uses or supervises the use of RUPs in the production of agricultural commodities on land owned or rented by him/her or his/her employer. Farmers, ranchers, orchardists and greenhouse operators are common private applicators in Colorado. A private applicator may also apply RUPs in production of agricultural commodities on the property of another person, if the pesticides are applied without compensation. However, trading of personal services as a form of compensation is permitted under private applicator certifi cation. Laws and Regulations A Colorado private applicator license authorizes the purchase and use of RUPs only as described under the above defi nition of private applicator. Applicators whose Private applicators use RUPs to produce an agricultural commodity 9

10 Laws and Regulations use situation does not fi t the defi nition of a private applicator should contact CDA regarding procedures to obtain a commercial applicator license. Under Colorado law a commercial applicator is a person engaged in the business of applying pesticides and receiving anything of value for compensation. Common commercial applicator groups in Colorado include custom agricultural applicators (ground and aerial), landscape maintenance professionals, ditch and power company employees, government workers, grain elevator operators, and other applicators who apply pesticides as a condition of their employment. Licensing of commercial applicators is a responsibility of the CDA, and they can be reached at Labeling FIFRA defi nes a label as the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. Labeling is defi ned as all labels and all other written, printed, or graphic matter accompanying the pesticide or device at any time; or to which reference is made on the label or in literature accompanying the pesticide or device. FIFRA makes it unlawful to use any pesticide in a manner inconsistent with its labeling. Therefore, the pesticide applicator has a legal obligation to read and follow not only the label instructions attached to the product, but also all material to which the label refers (i.e., Worker Protection Standard). USDA Record Keeping Requirements A 1993 U.S. Department of Agriculture (USDA) regulation requires certifi ed private pesticide applicators to keep records of Federal RUP applications (as opposed to State RUPs). This record keeping is administered by the USDA s Agricultural Marketing Service. In Colorado, private applicators must keep records that comply with the USDA and CDA requirements. You can get details about the record keeping requirements from Colorado State University (CSU) Cooperative Extension personnel or from the USDA s Agricultural Marketing Service. The records you keep must contain: The brand or product name of the Federal RUP and its EPA registration number The size of the area treated The total amount of product applied 10

11 The crop, commodity, stored product, or site to which the pesticide was applied The location of the application The month, day, and year of the application Laws and Regulations The certifi ed applicator's name and certifi cation number There is no required form that you must use for this record keeping. Any form is acceptable as long as the required information is included. However, a sample record keeping form that combines USDA and Worker Protection Standard (WPS) requirements is included at the end of this manual. You must record your information within 14 days after the pesticide application and keep the records for 3 years, according to the Pesticide Applicators Act. A private pesticide applicators record keeping book published by CSU Extension in cooperation with CDA is available at no charge. Contact your local county extension offi ce to obtain a copy of the record keeping book. If a commercial applicator performs work for you, that applicator must provide you with a written copy of the necessary information about the application immediately after each application. This information must be kept for 3 years in Colorado. If you do not comply with the record keeping requirements, you may be fi ned up $1,000 for any and each offense. How Does Keeping Records Benefit Me? Keeping pesticide records is good business practice and has numerous benefi ts: Keep accurate records Saves money. Accurate pesticide records will enable you to know and buy the correct amount of pesticides for each growing season. Shows what is working. Good records will help you determine how a pesticide application achieved the best results or why a pesticide may have performed poorly and prevent future repeated failures. Documents correct use. Should a question arise concerning pesticide use, your records may provide liability protection. Improves management decisions. Since some pesticides have restrictions on what can be planted the following year in the same fi eld, good records can help you plan your crop rotation. 11

12 Laws and Regulations Are Pesticide Records Ever Inspected? Yes. The CDA has the authority to inspect your application records at any time to determine if you are applying the products according to the label. Worker Protection Standard The Worker Protection Standard (WPS) is a regulation issued by the U.S. EPA. It covers pesticides that are used in the production of agricultural plants on farms, forests, nurseries, and greenhouses. WPS was implemented to provide guidelines designed to reduce the risk of accidental illness or injury from pesticides to people who use pesticides or employ agricultural workers or pesticide handlers who are exposed to pesticides. In general, agricultural workers are persons who: 1) do hand labor tasks, such as weeding, planting, cultivating, and harvesting, or 2) do other tasks involved in the production of agricultural plants, such as moving or operating irrigation equipment. Pesticide handlers are persons who mix, load, apply, or do other tasks that bring them into direct contact with pesticides (including working on spray equipment). These terms have very specifi c meanings in the WPS. Note that these defi nitions may be different from defi nitions found in other state and federal laws and regulations. WPS requirements are different from the USDA record keeping requirements. WPS applies to ALL pesticides that carry a WPS statement in the Agricultural Use Requirements section of the label, regardless of whether they are general or restricted use. The following is a summary of WPS, please refer to 40 CFR Part 170 for the complete regulation. These regulations primarily affect people who: 1) hire or contract for the services of agricultural workers; 2) operate a business in which pesticides are applied in the production of agricultural commodities from farms, nurseries, greenhouses, and forests; or 3) operate a business in which tasks as a crop advisor are performed. However, some provisions of the standards, such as restricted entry intervals (REIs) and personal protective equipment (PPE), affect owners or family members that apply pesticides. REIs prevent unprotected workers from getting hazardous pesticide exposures. Among the key provisions of WPS are: Establishment of a Central Location containing a pesticide safety poster, pesticide application information, and emergency numbers Posting information related to pesticide safety at the work place 12

13 Notifi cation and signage requirements involving sites receiving pesticide applications Restrictions during applications Establishment of REIs following application of all pesticides to agricultural crops Requirements for providing pesticide safety training to workers/ handlers Record keeping Providing emergency assistance Required availability and use of PPE and decontamination supplies to protect workers that might be exposed to pesticides Laws and Regulations Farmers and Immediate Families Owners and their immediate families who work on the agricultural establishment are exempt from many WPS requirements, but they must follow pesticide label directions and provide some of the label information to people they contract for services. The following general descriptions of the WPS requirements apply to agricultural owners, their immediate families, employers, agricultural workers, and handlers. Information Exchange Agricultural owners are required to provide the following information to any commercial pesticide applicator or crop consultant that they hire: Location and description of all areas being treated with a pesticide within a 1/4 mile of where the custom applicator or consultant will be working Location and description of all areas under REI within a 1/4 mile of where the custom applicator or consultant will be working Any restriction for entering areas during application or REI In return, the custom applicator must provide the agricultural owner with the following information before applying pesticides on the farm: Location and description of the area to be treated Time and date of application Product name, EPA registration number, and active ingredient(s) The REI of the pesticide 13

14 Laws and Regulations Whether the product label requires verbal and posted warnings after application Any other specifi c requirements on the product label concerning protection of workers and others during or after application All of these items must be provided to the owner prior to the application occurring Wear Appropriate PPE The PPE and other work attire required for each pesticide are listed on the pesticide label under Precautionary Statements for handlers and under Agricultural Use Requirements for early entry workers. Specifi c requirements vary, depending on the toxicity of the pesticide and the handling activity. These requirements may be different for applicators and for mixers and handlers. Restrictions During Pesticide Application When making an application, ensure that each pesticide is applied so that it does not contact, either directly or through drift, anyone except appropriately trained and equipped handlers. You also must make sure that all people except those that are appropriately trained and equipped, are kept out of areas being treated with pesticides. Restrictions After Pesticide Application All individuals except appropriately equipped individuals must be kept out of areas that are under REI, generally between 4 and 48 hours. When two or more pesticides with different REIs are applied at the same time, the longest interval must be followed. If a fi eld must be entered before the REI expires, people must wear the required PPE that is listed on the label and comply with other listed restrictions. The WPS allows entry into treated areas that remain under a REI only in a few narrow work situations. When early entry is permitted under the WPS, special protections must be given to the early-entry workers. Employers must provide special protections to any of their workers who do early-entry tasks involving contact with anything that has been treated with a pesticide, including soil, water, air, and surfaces of plants. Early entry involving contact with treated surfaces is permitted in only four work situations: 1. Short-term tasks that last less than 1 hour and do not involve hand labor 2. Emergency tasks that take place because of an agricultural emergency 14

15 3. 4. Specifi c tasks approved by EPA through a formal exception process Limited contact tasks Laws and Regulations Employers of Agricultural Workers and Handlers with Nonfamily Employees--Additional WPS Requirements Agricultural owners who employ people outside their immediate family must follow a number of other WPS requirements, in addition to the requirements discussed previously. These requirements are outlined as follows: Pesticide Safety Training Employers must provide pesticide safety training for pesticide handlers and workers before they accumulate more than 5 separate days of entry into treated areas. This requirement is met if the worker or handler is a certifi ed pesticide applicator. Any certifi ed applicator may conduct worker or handler training. Individuals who have attended train-thetrainer programs also may conduct training. WPS training for workers must include at least the following information and must use terms and language that the worker can understand: Where and in what form pesticides may be encountered during work activities Hazards of pesticides resulting from toxicity and exposure, including acute effects, chronic effects, delayed effects, and sensitization Routes through which pesticides can enter the body Signs and symptoms of common types of pesticide poisoning Emergency first aid for pesticide injuries or poisonings How to obtain emergency medical care Routine and emergency decontamination procedures, including emergency eye fl ushing techniques Hazards from chemigation and drift Warnings about taking pesticides or pesticide containers home Explanation of the WPS requirements designed to protect workers, including application and entry restrictions, design of the warning sign, posting of warning signs, oral warnings, availability of specifi c information about applications, and protection against retaliatory acts 15

16 Laws and Regulations In addition, handler training must include: Format and meaning of information on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards Need for and appropriate use of PPE Prevention, recognition, and fi rst aid treatment of heat-related illness Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup Environmental concerns such as drift, runoff, and wildlife hazards An explanation of WPS requirements that handler employers must follow for the protection of handlers and others, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use PPE, the provisions for training and decontamination, and the protection against retaliatory acts Information at a Central Location Agricultural owners must display the following information whenever pesticide handlers or workers are in the fi eld, or within 1/4 mile of a treated area, during REIs, and for 30 days after the REI has expired: Approved EPA safety poster that shows how to minimize pesticide exposure, and information about how to clean up if someone comes in contact with pesticides Emergency information, including the name, address, and telephone number of the nearest emergency medical care facility List of dates and times that pesticides have been applied within the last 30 days, including a description of each treated area, the product name, EPA registration number, active ingredient(s), and REI for each pesticide on their list. Pesticide applications must be posted within 24 hours before the application and remain posted for 30 days after the expiration of the REI Decontamination Supplies During pesticide applications, handlers must be provided with decontamination supplies and workers who are working in a pesticidetreated area must be supplied with the following items to wash pesticides or pesticide residues from their hands and body: 16

17 water for routine washing and eye fl ush single-use towels soap clean coveralls (handlers only during task) Laws and Regulations enough water for whole-body washing (handlers only during task) These same supplies must be available where pesticide handlers clean up after application and where they mix or load pesticides. All supplies must be kept in enclosed containers, free from contamination by pesticides. Notice About Applications Employers must make sure that workers are notifi ed about areas where pesticide applications are taking place or where REIs are in effect. Some pesticide labels require you to notify workers BOTH orally AND with signs posted at entrances to the treated area. If both types of notifi cation are required, the following statement will be in the Directions for Use section of the pesticide labeling under the heading Agricultural Use Requirements: Notify workers of the application by warning them orally and by posting warning signs at entrances to treated areas. Notifi cation on Farms, Forest, and Nurseries Notify workers about pesticide applications Unless the pesticide labeling requires both types of notifi cation, notify workers EITHER orally OR by the posting of warning signs at entrances to treated areas. You must inform workers which method of notifi cation is being used. Notifi cation in Greenhouses In greenhouses, you must post all treated areas, except in certain situations described in 40 CFR part 170. If the pesticide labeling requires both types of notifi cation, you must also notify workers orally. Emergency Assistance Agricultural owners must provide emergency assistance for nonfamily handlers and workers when pesticide poisoning or injury is suspected. This includes making prompt emergency transportation available for the injured person(s) to the nearest medical care facility and providing information about the pesticide(s) to which the person may have been exposed. 17

18 Laws and Regulations For more information on WPS, see 40 CFR part 170, or EPA s Worker Protection Standard for Agricultural Pesticides--How to Comply manual (EPA #735-B ). It will tell you what you need to do to comply with the federal worker protection requirements. The manual is available from commercial sources as well as EPA s National Agricultural Compliance Center, or their website agriculture/. The Endangered Species Act Bald eagles are threatened species The Endangered Species Act is designed to protect animal and plant species threatened or endangered with extinction. Through a cooperative effort with the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA) Fisheries Service, EPA can issue emergency suspensions of certain pesticides to cancel or restrict their use if an endangered species will be adversely affected. If the USFWS determines that a pesticide jeopardizes a listed species, EPA will provide users with geographically-specifi c pesticide use limitations found in an Endangered Species Protection Bulletin. Labels of certain pesticides direct users to Bulletins containing species maps and pesticide use limitations. Emergency Planning and Community Right-to- Know Act (SARA Title III) The Federal Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the Superfund Amendment and Reauthorization Act (SARA) Title III, requires that storage of certain pesticides, designated as Extremely Hazardous Substances, that exceed the minimum amount or Threshold Planning Quantity must be reported to local and state authorities. This is done to assist in handling potential accidents in pesticide storage areas. Threshold planning quantities for Extremely Hazardous Substances, including most RUPs, are provided in the US EPA Title III List of Lists, available from EPA at Please note that the threshold planning quantity for all of the Extremely Hazardous Substances is either the threshold planning quantity listed or 500 pounds, whichever is lower. The threshold planning quantity is 10,000 pounds for any chemical that is not an Extremely Hazardous Substance, but is a Hazardous Chemical under Occupational Safety and Health Administration (OSHA) regulations and therefore requires the preparation and availability of a Material Safety Data Sheet (MSDS). 18 Notifi cation must be given to both state and county agencies when pesticides are stored in amounts above the Threshold Planning

19 Quantity. State notifi cation should be given to the Colorado Emergency Planning Commission, c/o Colorado Department of Public Health & Environment (CDPHE), SARA Title III Reports, 4300 Cherry Creek Drive South, Denver, Colorado You must also notify your Local Emergency Planning Committee (call CDPHE at for more information) and your local fi re department. EPCRA also sets requirements for reporting pesticide spills and includes Community Right-to-Know provisions to help increase the public s knowledge and access to information about the presence of hazardous chemicals in their communities and releases of these chemicals into the environment. The Federal Food, Drug, and Cosmetic Act (FFDCA) Under the FFDCA, the EPA establishes tolerances for pesticide residues in food. Tolerances are the maximum legally permissible levels of pesticide residue allowed in or on raw agricultural products and in processed food. A tolerance, or a temporary tolerance, must be established for every agricultural commodity on which a particular pesticide is used or could come in contact with through the food chain. Tolerances are enforced by the U.S. Food and Drug Administration (FDA) for most foods. The Food Quality Protection Act (FQPA) FQPA, passed in 1996, amended both FIFRA and FFDCA, setting a tougher standard for pesticides used on food. FQPA established a single, health based standard to be used when assessing the risks of pesticide residues in food or feed. The new safety standard is measured considering the aggregate risk from dietary exposure and other nonoccupational sources of exposure, such as drinking water and residential lawn uses. In addition, when setting new, or reassessing existing tolerances under the FQPA standard, EPA must consider whether tolerances are safe for children. When appropriate, an additional safety factor is applied to account for uncertainty in data. Under FQPA, EPA may only establish a tolerance if there is "a reasonable certainty" that no harm will result from all combined sources of exposure to pesticides (aggregate exposures). FQPA also considers the combined effects of human exposure to different pesticides that may act in similar ways on the body (cumulative exposure). Laws and Regulations 19

20 Laws and Regulations Safe Drinking Water Act (SDWA) SDWA was established to protect the quality of drinking water in the U.S. for both underground and above ground sources. In 1996, Congress amended the law to require the development of a screening and testing program for chemicals and pesticides for possible endocrine disrupting effects. The Endocrine Disruptor Screening Program focuses on providing methods and procedures to detect and characterize endocrine activity of pesticides, commercial chemicals, and environmental contaminants. Agricultural Chemicals and Groundwater Protection Act The Agricultural Chemicals and Groundwater Protection Act, also known as 126, imposed rules for mixing and loading areas for pesticides, where they are handled in quantities that exceed set minimum thresholds. The Act defi nes agricultural chemicals as all pesticides and commercial fertilizers used in both urban and rural settings. A mixing and loading pad is required if you mix and load more than 500 gallons of liquid formulated product, 3,000 pounds of dry formulated product, or 1,500 pounds of active ingredient of a combination of liquid and dry product at one site annually. Secondary containment is required if you store pesticides in containers larger than 55 gallons for liquid pesticides or 100 pounds for dry pesticides for more than 15 consecutive days. Secondary containment and a mixing and loading pad is required if you store pesticides in containers larger than 55 gallons that are not Department of Transportation (DOT) approved or if your store pesticides in containers larger than 660 gallons. Additional Resources CFR Part 170 Worker Protection Standard Regulation. Full text of the Worker Protection Standard. Colorado Department of Agriculture, 700 Kipling St., Suite 4000, Lakewood, CO Phone: co.us/. CDA conducts exams, issues licenses, conducts inspections, investigates complaints of misapplication of pesticides by private applicators. Call for information on the following: Department of Plant Industry: Chemigation Program Nursery Program Organic Certifi cation Program Pesticide Registration

21 Pesticide Applicator Testing Conservation Services Division: Groundwater Program Noxious Weed Program/Pest Control Districts Colorado Department of Public Health and Environment, Environmental Divisions, 4300 Cherry Creek Drive South, Denver, Colorado Phone: or Information on air pollution, consumer protection, hazardous materials/waste management, and water quality. Colorado Environmental Pesticide Education Program (CEPEP), 1177 Campus Delivery, Colorado State University, Ft. Collins, CO Phone: Pesticide education resources including factsheets, handbooks, and training guides. Record keeping books that meet the requirements for USDA RUP applications are available. Colorado State Patrol Hazardous Materials Section, 700 Kipling Street, Denver, CO 80215, co.us/hazard.cfm. Includes rules and regulations for transporting hazardous waste in Colorado. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington, DC Phone: Information on Federal laws designed to promote public health by protecting air, water, and soil from pollution. Environmental Protection Agency, Region 8, th Street Suite 500, Denver, CO Phone: epa.gov/region08/. Information on Colorado environmental laws and regulations. Environmental Protection Agency Endangered Species Protection Program. Information on the Endangered Species Act. Environmental Protection Agency Worker Protection Standard. Information on worker safety and training. How to Comply with the Worker Protection Standard for Agricultural Pesticides. EPA 735-B , September gov/agriculture/htc.html and also available at co.us/dpi/home.html. This manual provides detailed information on who is covered by the WPS and how to meet regulatory requirements. Laws and Regulations 21

22 Laws and Regulations National Agriculture Compliance Assistance Center, 901 N. 5th Street, Kansas City, KS Phone: epa.gov/agriculture/. Information about environmental requirements that affect the agricultural community. Occupational Safety and Health Administration (OSHA), Denver Area Offi ce, 1391 Speer Boulevard, Suite 210, Denver, Colorado , defs/html/osha.htm. Summary and full text of the Occupational Safety and Health Act. Pesticide Applicators Act. Title 35, Article 10. Colorado Department of Agriculture, 700 Kipling St., Suite 4000, Lakewood, CO Phone: PesticideApplicator/Publications/PestAppAct.pdf. Full text of Colorado Pesticide Applicators Act. Resource Conservation and Recovery Act (RCRA), gov/rcraonline/, Summary and full text of the Resource Conservation and Recovery Act. Rules and Regulations Pertaining to the Administration and Enforcement of the Pesticide Applicators Act. C.R.S (2). Colorado Department of Agriculture, 700 Kipling St., Suite 4000, Lakewood, CO Phone: co.us/dpi/pesticideapplicator/publications/pestappact.pdf. Full text of Colorado Pesticide Applicators Act Rules and Regs. Safe Drinking Water Act, html. Summary and full text of the Safe Drinking Water Act. U.S. Department of Agriculture Pesticide Recordkeeping Program. USDA, Agricultural Marketing Service, Science & Technology, Pesticide Records Branch, 8609 Sudley Road, Suite 203, Manassas, VA Phone: (703) usda.gov/science/sdpr.htm. Information about Federal pesticide recordkeeping. U.S. Fish and Wildlife Service Endangered Species Program. Information on the Endangered Species Program. 22

23 Pesticide Labeling Pesticide Labeling Chapter Overview Defi nes the terms label and labeling Identifi es the meaning of Restricted Use classifi cation and explains where to look for it on pesticide labeling Explains signal words (and symbols) on pesticide labeling Covers the different types of pesticide registration: Section 3, Section 18, Section 24c, and Section 25b Labels and Labeling Each time you buy a pesticide, you also receive instructions telling you how to use it. The pesticide label is the LAW and is a legal document. When pesticides are not used according to label directions, they are being used illegally. The pesticide label describes the risks and benefi ts of the pesticide product to the user, but it is also the primary tool of pesticide regulation. The combined knowledge of many people in industry, universities, and government is used to develop the information on the label. This information will tell you how to use the product safely and correctly. Labeling is all the information that you receive from the manufacturer about the product. Labeling includes such things as the label on the product, brochures, fl yers, and information handed out by your dealer. It must not differ in meaning from the information the manufacturer furnished to the EPA when the product was registered. The time you invest in reading the label is probably the most valuable few minutes you can spend in pest management. This small investment in time will help you avoid injuring yourself or the environment by misusing the pesticide. To the dealer and user, the label indicates whether the pesticide is for restricted use or general use, and whether certifi cation is required for purchase and use To the buyer or user, the label is a main source of facts on how to use the product correctly, legally, and what safety measures are needed To dealers and pest control experts, the label is an aid in making recommendations to buyers and users To physicians, the label is a way to determine what antidote or first aid procedure to use in the treatment of poisoning cases Always read the pesticide label 23

24 Pesticide Labeling THIS FICTITIOUS LABEL IS FOR EDUCATIONAL PURPOSES ONLY. RESTRICTED USE PESTICIDE FOR RETAIL SALE TO AND USE ONLY BE CERTIFIED APPLICATORS OR PERSONS UNDER THEIR DIRECT SUPERVISION, AND ONLY FOR THOSE USES COVERED BY THE CERTIFIED APPLICATOR S CERTIFICATION. THIS PRODUCT IS A RESTRICTED USE HERBICIDE DUE TO GROUND AND SURFACE WATER CONCERNS. WEED-OUT 4L HERBICIDE ACTIVE INGREDIENTS: Hexanine (1-methylacetyl-4- aminopropyline acetate) % INERT INGREDIENTS: % TOTAL 100.0% WEED-OUT 4L CONTAINS 4 LBS. HEXANINE PER GALLON KEEP OUT OF REACH OF CHILDREN CAUTION EPA REG. NO EPA EST. NO CL-2 STATEMENT OF PRACTICAL TREATMENT IF IN EYES: Flush with plenty of water. Call a physician. IF ON SKIN: Wash with plenty of soap and water. Get medical attention if irritation persists. IF SWALLOWED: Drink large quantity of milk or water. Avoid alcohol. IF INHALED: Remove victim to fresh air. If not breathing, give artifi cial respiration, preferably by mouth. Get medical attention. PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION: Harmful if swallowed or absorbed through the skin. Avoid contact with skin, eyes, or clothing. Keep away from food and feedstuffs. Wear long-sleeved shirt and long pants, chemical-resistant gloves, and chemical-resistant footwear plus socks. Follow manufacturer s instructions for cleaning and maintaining PPE. If no such instructions for washables, use detergent and hot water. Keep and wash PPE separately from other laundry. ENVIRONMENTAL HAZARDS This pesticide is toxic to fi sh and aquatic invertebrates. Do not apply directly into water. Drift and runoff may be hazardous to aquatic organisms in areas near the application site. Do not clean equipment or dispose of equipment wash waters in a manner that will contaminate water resources. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notifi cation, and emergency assistance. It also contains specifi c instructions and exceptions pertaining to the statements on this label about PPE and restrictedentry interval. These requirements only apply to uses of Weed-Out that are covered by the Worker Protection Standard. Do not enter or allow worker entry into treated areas during the restricted entry interval ( REI) of 12 hours. PPE required for early entry to treated areas is: coveralls, chemical-resistant gloves and chemicalresistant footwear plus socks. NON-AGRICULTURAL USE REQUIREMENTS The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for agricultural pesticides (40CFR Part 170). Residential areas, parks, hotels and resorts, forest habitats and natural areas are not within the scope of the Worker Protection Standard. Do not allow people (other than applicator) or pets to enter treated areas until sprays have dried. STORAGE AND DISPOSAL STORAGE: Store in safe manner. Keep pesticide in original container only. Keep container tightly closed when not in use. Personnel should use clothing and equipment consistent with good pesticide handling. PESTICIDE DISPOSAL: Wastes resulting from the use of this product may be disposed of at an approved waste disposal facility. CONTAINER DISPOSAL: Triple rinse. Offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfi ll. CHEMCO CHEMICAL COMPANY 1234 Main St., Hoodsville, CO NET CONTENTS 2.5 GAL. (9.46 L) 24

25 Parts of the Label Some labels are easy to understand, while others are more complicated. Federal regulations require certain information to appear in certain locations on the label. However, other information may be placed wherever the manufacturer chooses. Therefore, it is important to read the entire label every time you use a pesticide. Following are details on the parts of the label, which are numbered for identifi cation on the example label found on the previous page. Pesticide Names Pesticide Labeling A pesticide may have several different names: HERBICIDE Brand or Trade Name. A brand name is a name The pesticide under the brand name Weed-Out, is a herbicide containing 4 used by a manufacturer to identify a pesticide as pounds of active ingredient per gallon its product. It is the most identifi able name for the in a liquid formulation product. Brand names are usually capitalized. A brand name cannot be used in the ingredient statement but usually appears in large, boldfaced letters on the packaging. Example: Merit. Chemical Name. The name given by scientists for an active ingredient (a.i.). Example: 1-[(6-Chloro-3-pyridinyl) methyl]-n-nitro-2- imidazolidinimin. Common Name. A well-known, made-up name accepted by the EPA to identify an a.i.. When an accepted common name is available, it must be used with the chemical name in the a.i. section on the label. If there is no common name, the chemical name alone must be used. Common names are usually not capitalized. Example: imidacloprid. Types of Pesticide Formulation Different types of pesticide formulations (such as liquids, wettable powders, and dusts) require different methods of handling. The label will tell you what type of formulation the package contains. The same pesticide may be available in more than one formulation. Example: Merit is available as a G (Granular), F ( Flowable), WP (Wettable Powder), and a WSP (Water Soluble Package). Ingredient Statement Every pesticide label must list what is in the product. The list is written so that you can see quickly what the a.i. is. The list tells you the total amount of pesticidally active material in the formulation. The amount of each a.i. is given as a percentage by weight or as pounds per gallon of concentrate. The a.i. must be listed by chemical name and common name. Other WEED-OUT 4L ACTIVE INGREDIENTS: Hexanine (1-methylacetyl-4- aminopropyline acetate) % INERT INGREDIENTS: % TOTAL 100.0% Hexanine is the common name for the herbicide sold under the brand name Weed-Out. 1-methylacetyl- 4-aminopropyline acetate is the chemical name for hexanine. It is the active ingredient in the formulation. 25