Pesticide Regulations for Organic Growers Gary Fish

Maine Board of Pesticides Control28 State House StationAugusta ME 04333-0028(207)287-2731gary.fish@maine.gov

Do organic growers use pesticides? Over 25% of OMRI

listed products are pesticides

From Acetic Acid toYucca

Many are not registered for use in Maine ?

What is a pesticide? Any substance or mixture of substances

intended for:– preventing,– destroying,– repelling, or– mitigating

any pest

Or, any plant regulator, defoliant or desiccant.

Does not include fertilizers or nutrients

What are pesticides?

Disinfectants & bleaches

Herbicides

Rat & mouse baits

Fungicides

What are pesticides?

Insecticides

Botanicals

Biological controls

Deer and rabbit repellents

OMRI categories that are commonly pesticides Acetic acid Animal repellents Bacillus thuringiensis Beauveria bassiana Biological controls Boric acid Botanical pesticides Calcium polysulfide Chlorine dioxide Chlorine materials Compost tea? Copper products

Corn gluten Cytokinins D-limonene Diatomaceous earth Disinfectants Ferric phosphate Nonsynthetic fungicides Garlic Gibberellic acid Nonsynthetic herbicides Hydrogen peroxide Inoculants

OMRI categories that are pesticides - continued Lime sulfur Microbial products Mined minerals (Surround) Neem extract & oils Nonsynthetic nematicides Narrow range oils Nonsynthetic oils Peracetic acid Pheromones Plant extracts Potassium bicarbonate Pseudomonas

Pyrethrum Sanitizers Seed treatments Soap Sodium carbonate Spinosad Streptomycin sulphate Sulfur Tetracycline Trichoderma Virus sprays Yucca

Other substances listed by USDA/NOSB that are pesticides Calcium & Sodium

hypochlorite Copper sulfate Vitamin D3 Ethylene gas

What are the Laws?

Federal EPA – FIFRA + Regulations

State BPC – Title 7 & Title 22 + Regulations

Maine like most states has stricter regulations than Federal EPA

Who is on the board? 2 general public members with

demonstrated interest in environmental protection (Charles Ravis & Curtis Bohlen)

1 medical doctor (Carol Eckert) 1 agronomist or entomologist from U

Maine (John Jemison) 1 forestry specialist (Dan Simonds) 1 commercial applicator (Richard

Stevenson) 1 private applicator (grower) (Tom

Qualey)

BPC major programs affecting organic growers

Pesticide Registration

Worker Protection Standard

Enforcement

Pesticide Registration

All pesticides must be registered by both:

EPA

and

BPC

FIFRA 25(B)-exempt from EPA registration but not exempt from BPC registration

Pesticide Registration - Pesticide Labeling Labels are legal documents that provide

directions for pesticide mixing, application, storage & disposal

Users must comply with all instructions on the pesticide label & labeling

FIFRA 2ee

Once registered a product gets an EPA registration number The EPA Reg. No. identifies

– Specific set of active ingredients, concentrations and formulation

– Who makes it and who sells it For example: EPA No. 4816-688-83238323

4816 company number

688 product number

8323 8323 distributor numberdistributor number

Pesticide Classifications

General Use – Lower risk, available over-the-counter

Restricted Use – Higher risk, only available at licensed dealerships for purchase by licensed applicators

Limited Use – Higher risk, only available by special permit

= X

Toxicity

Exposure

Even organic products are toxic!

“All substances are poisons; there is none which is not a poison. The right DOSE differentiates a poison from a remedy.” –Paracelsus (1493-1541)

Even too much water can kill – over 1.5 liters/hour

One way to quickly assess the risk?

Signal Words

Danger

Warning

Caution

Higher hazard

Moderate hazard

Lower hazard

How is risk reduced?- PPE

EPA Worker Protection Standard

Information at a “central location”Information at a “central location” Pesticide safety trainingPesticide safety training Personal protective equipment (PPE) Personal protective equipment (PPE) Decontamination suppliesDecontamination supplies NotificationNotification Emergency assistanceEmergency assistance Information exchange between Information exchange between

commercial applicators and agricultural commercial applicators and agricultural employersemployers

Who can do WPS pesticide safety training for Agricultural Workers?

BPC or UMCE Licensed applicators Growers that have attended a “WPS

Train-the Trainer” session Employees trained as Pesticide

Handlers

The signal word DANGER alone means that the pesticide’s greatest hazard is that it is corrosive to eyes and/or skin

PPE is required and may indicate need for additional protections

When protective eyewear is required, applicators/handlers must carry at least 1 pint of eyeflush with them during the application

This section of the label shows some of the WPS requirements

Crop specific directions must be on the label and must be followed

Most labels have maximum application rates and maximum number of applications per year

Gene Meserve - Southern & Western

Brian Barrett – Mid Coast & South Central

Arthur Shaw – Downeast

John Haley – North Central

Max Miller - Aroostook

Gene

Brian

Arthur

John

Max

No Man’s Land

Who you might see?

Major Elements of the Drift Regulation Applicator must first identify sensitive

areas Applicators must calibrate equipment Maximum wind speed Residue standard

Drift Regulations Only applies to powered

applications

Requires applicators to minimize drift to the maximum extent practicable

But, drift can be a problem with any type of application– Even granular or non-powered

sprays

New drift regulations for 2010

Start with the new definition of Sensitive Areas Likely to Be Occupied or SALO (Chapter 10) Basically it’s any normally occupied building

(residential, commercial or institutional) together with associated areas – such as lawns, gardens and recreational areas – where humans are likely be present, and

Maintained recreational areas such as campgrounds, picnic areas, parks, athletic fields

New drift regulations for 2010

Slight change in the requirements for identifying Sensitive Areas

“Yes” in the record book does not fulfill the requirement

Prior to spraying with powered equipment outdoors, applicators must record: the existence type, and location of Sensitive Areas within 500 feet of the

application site

Note houses on north side of Center Road

Record of Sensitive Areas

Note stream on south side of potato field

Potatoes

Center Road

NNeighbor’s Oats

Fie

ld R

oad

Note oat field on west side of Field Road

New drift regulations for 2010

New standards for aerial application Positive site ID (GPS or visible site markings)

Site plan prior to spraying within 1000 feet of a SALO

Pre-flight application checklist required when spraying within 1000 feet of a SALO

Buffer zones should be used adjacent to SALOs

Wind restrictions next to SALOs (2 – 10 mph)

New drift regulations for 2010 New standards

Prima facie evidence of violation reduced from 20% residue to 1% residue on SALOs

Standards of harm Drift onto organic or conventional crops Residues detected on persons or vehicles using

public roads Documented human illness from drift

Enforcement considerations Standard of care exercised Degree of harm Risk of adverse effects from the pesticide used

Do not spray when the wind exceeds 15 mph

Notification Requirements These rules are currently in flux

If requested, must notify neighbors within 500 feet about outdoor applications

Air-carrier applications require pre-season notice to all abutters and notification of neighbors on the on-line new registry

Must provide notice of the following:– Approx. date– pesticide(s) to be applied– how applied– who to contact for additional information

Standards for Water Quality Protection

No broadcast application of pesticides within 25 feet of surface waters

No mixing, loading pesticides within 50 feet of surface water

Must have anti-siphon device on water pumping systems

Must secure pesticides on vehicles

Must clean up spills immediately

Pesticide Record Keeping Requirements All Commercial Agricultural Producers

must keep records of all pesticide applications

Commercial Agricultural Producer = Anyone who tries to make money producing plants, animals or animal products

All Pesticide Applications!

General, restricted & limited use pesticides Powered & non-powered applications Granules, liquids, foggers & aerosols Biological & organic pesticides All application sites – crops, animals &

buildings Indoor & outdoor application sites

If it has an EPA No. and you use it in your business, KEEP A RECORD.

Why keep records

Helps with legal disputes

Helps prevent duplication of errors

Helps the applicator zero in on success

Helps with planning for pesticide purchases

What must be recorded – Pesticide Key

What Must be Recorded - Applicator Log Book

Company Name:

DateStartTime

FinishTime

Address Town/Field Location

Size ofTreated Area

SensitiveArea

Yes/No

Site or Crop TargetPest

Wind Weather Conditions

Speed &Direction

Temp CloudCover

TimeNoted

Pesticide(s)and Diluent

Applied

ApplicationMethod

Rate Description

Undiluted Mix MixRatio

Applicator Name(s):

License Number(s):

Other Application Record Requirements? Application records must be

kept on file for two years

Records must be available for inspection upon request

No reports are required to be sent to the BPC by private growers

Critical Pesticide Control Area Law The Board may restrict or prohibit

pesticide use in designated areas– Persons may petition the Board– Requires medical or ecological proof of

need

Pesticide Label Exercise

Pyganic Label.pdf