The Environmental Protection Agency (“EPA”) administers the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). It is designed to control the sale, use, and distribution of pesticides. FIFRA requires that all pesticides used in the United States be registered and licensed by the EPA. All registered pesticides must be properly labeled with usage, storage, and disposal specifications. It is unlawful to use a registered pesticide in a way that deviates from the label specifications.
New York pesticide laws and regulations enforce FIFRA guidelines at the state level and apply to the agricultural application of pesticides and chemigation of crops, animals, soil, and commodities. The New York Department of Environmental Conservation (“DEC”) oversees the registration, commercial use, purchase, and custom application of pesticides.
Similar to the EPA registration requirement, every pesticide product used, distributed, sold, or offered for sale within the state of New York or transported in intrastate commerce must be registered with the NYDEC. The NYDEC maintains a list of all restricted pesticides that require a use permit before being distributed, sold, purchased, possessed, or used within the state. All restricted pesticides must be stored, used, and disposed of in a manner that does not injure people, animals, property, or the environment. Grape vineyards are subject to special pesticide use regulations.