As a pesticide-application company, compliance with regulations is not just a legal requirement, it’s a fundamental part of operating safely and responsibly. One of the most important regulations you need to be aware of is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which governs the sale, use and distribution of pesticides in the United States. This article will outline the key aspects of FIFRA and how it impacts your business, as well as highlight recent updates and changes that pesticide applicators should be aware of to maintain compliance.

A PHC technician with A&T Tree injecting an oak. Photo courtesy of Arborjet | Ecologel

Note: FIFRA regulations apply to manufacturers, distributors, dealers and applicators. Regulations for each may vary, but are applicable for every portion of our industry.

What is FIFRA?
FIFRA is a federal law that was passed in 1947 to regulate the manufacture, sale and use of pesticides. The act authorizes the Environmental Protection Agency (EPA) to oversee and enforce pesticide regulations, ensuring that products used in pest control are safe for humans, animals and the environment when used according to the label instructions.

Under FIFRA, pesticides must be registered with the EPA before they can be sold or used. The EPA evaluates pesticide products to ensure they meet safety standards and that their labels contain clear instructions on how they should be applied to minimize risks.

Key aspects of FIFRA compliance for pesticide applicators
As a pesticide-application company, it’s essential to be fully aware of the following critical components of FIFRA:
Pesticide registration

• EPA registration: Before applying any pesticide, you must ensure it has been registered by the EPA. This means the product has undergone testing to assess its safety and efficacy. It’s illegal to use any unregistered pesticide in your operations.
• Label compliance: Every pesticide comes with a label that provides detailed instructions on usage, safety precautions and disposal. The label is a legally binding document, and applicators must follow all the guidelines provided to avoid violations.

Certified applicator requirements

• Certification: FIFRA requires that any person applying restricted-use pesticides (RUPs) must be a certified applicator. Certification can be obtained through training and passing examinations administered by state agricultural or environmental agencies. State and/or local municipalities may and can enact stricter guidelines. For example, in some states, fertilization does not require a commercial certified applicator, but in others, you may be required to be certified. Therefore, a clear understanding of your state and local requirements is necessary.
• Recordkeeping: Pesticide applicators are required to keep detailed records of each application, including the pesticide used, the quantity, the location and the date of application. These records must be kept for at least two years and be available for inspection by regulatory authorities.

Application and use restrictions

• Restricted-use pesticides: Certain pesticides are categorized as
  restricted-use due to their higher toxicity or environmental risk. Only certified applicators are authorized to use these products, and specific precautions must be followed during application.
• Application restrictions: FIFRA mandates that pesticides must only be applied in a manner consistent with the label’s instructions. This includes adhering to limits on the amounts that can be applied, the methods of application and the areas where they can be used.

Distributor/Dealer restrictions
Restricted-use pesticides: Certain pesticides are categorized as restricted-use due to their higher toxicity or environmental risk. Distributors and dealers are required to record purchases of RUP products including, but not limited to, the date of sale, quantity sold and applicator certification numbers (applicators MUST show proof of certification before purchase is completed). These records are required to be kept for a period of time, and can be reviewed by any U.S. Department of Agriculture agent at any time.

As an example, specific recordkeeping requirements for sales of RUPs in Pennsylvania include:

• Name and address of the certified applicator or business/dealer license number.
• Brand name of the RUP, EPA registration number and the amount sold.
• Date of the sale, signature and identification of the person receiving the RUP.

FIFRA Violations Q4 of 2024
According to EHS (Environmental, Health and Safety) Daily Advisor, “In the fourth quarter (Q4) of 2024, the EPA finalized 215 settlement agreements with companies small and large across the United States. This represents a decrease in enforcement actions – down from 482 penalties issued in Q3. The actions taken resulted in $7,739,116 in fines.” (https://ehsdailyadvisor.com/2025/01/epa-enforcement-roundup-q4-2024/)

Special supplemental labels for invasive insects
Invasive insect species pose significant threats to both agricultural ecosystems and natural environments. These pests, including species like the emerald ash borer (EAB), spotted lanternfly (SLF), Asian longhorned beetle (ALB) and spongy moth, can rapidly spread, causing irreversible damage to forests, crops and other plant species. In response to these threats, the EPA has developed special supplemental label registrations that outline specific instructions for pesticide applications aimed at controlling these invasive insects.

Special supplemental labels are modifications or additions to the original pesticide labels that provide specific guidance on how the product should be used to target particular pests. These labels may include additional application instructions or restrictions, and they often are required when a pesticide is used for purposes other than those listed on the main product label.

For invasive-insect control, these labels typically contain:

• Target-species specificity: Clear identification of the invasive insect species that the pesticide is effective against, such as invasive beetles, moths or termites.
• Geographic restrictions: Certain treatments may only be permissible in specific regions affected by an invasive species. For instance, certain pesticides may only be authorized for use in forests or agriculture areas that are facing an infestation of a particular pest.
• Application-method adjustments: Specific application techniques that are more effective against the targeted invasive insects. This could involve adjustments to the timing of applications (e.g., applying during the pest’s peak reproductive period) or the method of application (e.g., soil drenching, tree injections or foliar spraying).

Why are these labels important?
The use of special supplemental labels for invasive insects is crucial for a few reasons, including:

• Enhanced effectiveness: By providing detailed, species-specific application instructions, these labels are intended to ensure that the pesticide is used in the most effective manner possible. This targeted approach minimizes unnecessary exposure to nontarget organisms and reduces the risk of resistance development in pests.
• Regulatory compliance: Pesticide-application companies must strictly adhere to the instructions on supplemental labels to avoid noncompliance with FIFRA regulations. Misuse or failure to follow these labels could result in penalties, fines and damage to a company’s reputation.
• Environmental protection: Invasive insect species often threaten biodiversity, and improperly applied pesticides can inadvertently harm beneficial insects, pollinators and other wildlife. By following the special supplemental labels, applicators help protect the environment while effectively managing pest populations.

Worker Protection Standards (WPS)
FIFRA also includes provisions that protect workers who may come into contact with pesticides. The Worker Protection Standards (WPS) outline safety measures to minimize pesticide exposure for agricultural workers and pesticide handlers. These regulations require employers to provide training, personal protective equipment (PPE) and proper handling procedures.

Increased enforcement of pesticide use and label compliance
The EPA has been increasing enforcement efforts around the sale and use of noncompliant pesticides. This includes hefty fines for businesses that fail to adhere to proper label instructions, misuse products or fail to meet certification requirements.

Regulatory scrutiny of endangered species
There is a growing emphasis on protecting endangered species from pesticide exposure, and pesticide applicators are under increasing scrutiny to ensure their operations do not harm these vulnerable populations. The EPA has implemented a more robust framework for safeguarding endangered species, which includes heightened enforcement measures for noncompliance. This effort is aligned with ongoing federal initiatives to protect biodiversity and the broader ecosystem from pesticide-related risks.

Bulletin Live Two!
One of the key components of this increased regulatory scrutiny is Bulletin Live Two! This is an initiative by the EPA aimed at providing real-time information about pesticide-use restrictions to protect endangered species. Bulletin Live Two! is a tool that allows applicators to quickly access important information regarding when, where and how they can apply pesticides near endangered-species habitats. It has been mentioned on EPA webinars that the bulletins provided will need to be printed and kept on file, indicating that application occurred within regulatory compliance. (www.epa.gov/endangered-species/bulletins-live-two-view-bulletins)

The tool is an updated version of the original Bulletin Live program, designed to be more user friendly and accurate. It provides precise, location-specific guidance on pesticide-use restrictions for various regions. Applicators can access maps and receive alerts for restricted areas or times when specific pesticides should not be used due to the proximity of endangered species.

Applicators should regularly check the Bulletin Live Two! system to stay updated on any changes in pesticide-use restrictions in their service areas. Noncompliance with these guidelines can result in serious penalties, including fines and potential damage to your business’s reputation.

Fish and wildlife enforcement
In addition to the EPA’s efforts, the U.S. Fish and Wildlife Service (FWS) plays a significant role in enforcing protections for endangered species under the Endangered Species Act (ESA). The FWS works in collaboration with the EPA to monitor pesticide use that may negatively impact endangered species and their critical habitats.

Pesticide applicators are encouraged to work closely with local wildlife agencies to ensure they are not violating any regulations that could harm wildlife or their habitats. In some cases, the FWS may conduct inspections of pesticide-
application sites to assess whether the use of specific products could have unintended consequences on local species.

Violations of the Endangered Species Act due to pesticide misapplications can lead to legal consequences that include significant fines and potential civil or criminal charges. Applicators must be vigilant when applying pesticides near wildlife habitats and must follow all federal and state regulations related to species protection.

Pollinator protection guidelines
The EPA has introduced new guidelines to protect pollinators, particularly honeybees, from pesticide exposure. Applicators must be mindful of when and how they apply pesticides, especially during pollinator-active periods, such as the blooming season, and on certain tree species.
New label language requirements: New or renewed pesticide labels now include specific instructions to minimize harm to pollinators, such as avoiding application during the daytime, when pollinators are most active, or using more targeted application methods. Applicators must follow these enhanced label requirements to ensure pollinator protection.

Pesticide resistance
The EPA has placed an increased focus on preventing pesticide resistance, a growing concern for both pest-control efficacy and environmental impact. New labeling requirements highlight the importance of rotating pesticides with different modes of action to mitigate resistance development.

Label requirements for resistance management: New or renewed labels may soon include instructions on proper pesticide rotation, mix-and-match strategies and the use of integrated-pest-management (IPM) approaches. Applicators must ensure these guidelines are followed to prevent resistance buildup and maintain effective pest control. Choosing different chemistries in your PHC program has always been recommended and is still best practice. If you’re not sure how to determine the chemistry group, talk to your suppliers or other valuable resources who can assist in making sure you are not causing additional problems by applying similar chemistries every year.

Revised Worker Protection Standards
In 2015, the EPA made substantial revisions to the Worker Protection Standards, improving protections for agricultural workers and pesticide handlers. These revisions included stricter training requirements, improved pesticide-application notification and better access to safety data sheets.

New rules require employers to provide more comprehensive PPE to workers handling pesticides, including additional training on the proper use of this equipment.

State-specific changes
While FIFRA provides federal oversight, each state and local municipality has the authority to implement its own pesticide regulations. These state-specific regulations can be more stringent than federal guidelines, often due to unique environmental concerns or public health risks within the state. As a pesticide applicator, staying informed about any state-specific rules, pesticide bans and additional requirements is crucial to remain in compliance.

Pesticide-product bans and restricted use
Some states have implemented temporary or permanent bans on specific pesticide products. These bans often arise from concerns over human health, environmental impact or pesticide resistance. In these states, applicators must be especially vigilant in ensuring the chemicals they use are permitted under state law.

For example, California has enacted some of the most stringent pesticide regulations in the country. In recent years, the state has imposed bans on certain neonicotinoid pesticides, such as imidacloprid, due to their potentially harmful impact on pollinators such as honeybees. In these cases, even though these products may be legal under FIFRA and EPA guidelines, applicators in California cannot use them for certain applications without facing legal consequences.

Additionally, some states may classify certain pesticides as restricted-use pesticides based on their potential environmental hazards, toxicity or likelihood of contributing to pesticide resistance. These RUPs can only be applied by certified applicators under specific conditions outlined by state regulations.

Example: California’s pesticide restrictions
In California, the Department of Pesticide Regulation (DPR) has banned the sale and use of several pesticide products containing the active ingredient chlorpyrifos, a once widely used insecticide. The ban was enacted following research showing the chemical’s detrimental effects on public health, particularly on children’s developing brains, and its potential to contaminate water sources. Even if chlorpyrifos is federally registered, it is illegal to sell or use it in California, making it subject to both federal and state regulatory scrutiny.

Similarly, the state has adopted additional restrictions on pesticide applications near sensitive habitats, such as those frequented by endangered species or migratory birds. These restrictions may include defined no-spray zones or limitations on pesticide use during certain periods to minimize environmental harm.

In California, applicators must consult the state’s pesticide-registration-
and-restrictions database to verify whether the products they intend to use are still permitted or if restrictions have been imposed. Noncompliance can result in fines, suspension of certifications or legal action.

Enforcement and compliance with state regulations
State regulatory bodies, such as the California DPR, regularly audit pesticide application practices. They may inspect application sites, review pesticide-use records and conduct interviews to ensure compliance with both state-specific pesticide bans and FIFRA requirements. Violations can lead to hefty fines, potential legal action and the revocation of an applicator’s license.

For pesticide applicators operating in states with stricter regulations, it is essential to:

• Stay updated on state bans: Regularly check with your state’s pesticide regulatory agency for updates on banned or restricted pesticides.
• Know when a pesticide becomes restricted-use: Understand the criteria under which specific pesticides are designated RUPs in your state. Keep track of the label language for these products, as different states may have different standards.
• Consult local regulations before application: Before applying any pesticide, ensure it is permitted in your area. This includes checking for potential seasonal or environmental restrictions that may limit product usage in certain regions or under specific conditions.
• Ensure your preferred product is allowed: Ensure your preferred product is included on your state’s allowed-pesticide-products list if your state has a list.

Online training and certification updates
With the increase in digital tools and remote learning, the EPA has updated its policies regarding pesticide applicator certification, including offering more opportunities for online training and exams. Ensure your employees stay current with certification requirements, especially if new training methods are available in your state.

Best practices for compliance

• To avoid costly fines and maintain the safety and reputation of your business, here are some best practices to help you stay compliant with FIFRA.
  Regularly review EPA regulations: Stay up to date on the latest developments in pesticide regulations by regularly reviewing updates from the EPA and your state regulatory agencies.
• Invest in staff training: Ensure all personnel involved in pesticide applications are properly trained and certified. Offer ongoing education to keep your team aware of the latest regulations.
• Document everything: Keep thorough and accurate records of all pesticide applications. This documentation is essential in the case of inspections or audits, and is required to be kept for a predetermined period of time.
• Implement safety protocols: Regularly review and update your workplace safety protocols, especially concerning PPE, application techniques and emergency-response procedures.
• Engage in risk mitigation: Be proactive in identifying risks to the environment and public health, and adopt best practices to minimize those risks, such as using Integrated Pest Management (IPM) strategies.

As a pesticide-application business, understanding and adhering to FIFRA and its associated regulations is essential for maintaining legal compliance and protecting public health and the environment. Staying informed about recent updates, such as revisions to worker-protection standards and pollinator-protection guidelines, will help ensure your company operates safely and responsibly. By prioritizing training, certification and proper documentation, you can maintain a solid reputation in the industry while safeguarding your employees, clients and the environment.

Next up …
In Part 5 of this series, we’ll look at proper handling (mixing, use and transporting) of pesticides, spill response and equipment maintenance.

Kathy Glassey is a senior consultant with Inspire Green Inc., a Pennsylvania-based company committed to helping tree companies around the country.