Regulation of Pesticides in the United States
In the United States, the Environmental Protection Agency (EPA) oversees and regulates all pesticides including fungicides and bactericides. In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), and the Food Quality Protection Act (FQPA), the EPA regulates the manufacturing, transport, and use of all pesticides in the United States to protect humans and the environment from potential adverse effects that may be associated with pesticide exposure. In California and several other states, additional laws and government agencies are involved in the regulation and oversight of pesticides. Federal and state laws establish the legal authority of pesticide labels to prohibit the use of these materials that is inconsistent with the instructions and general guidelines provided on such labels.
The EPA is responsible for determining the “risk” associated with pesticides and for establishing limits or “tolerances” on the amount of pesticide residues that may remain on food marketed in the United States to meet safety standards with “reasonable certainty of no harm” to the general population. A ‘safe risk’ is defined as a reasonable certainty that no harm will result from exposure to a pesticide residue from all anticipated dietary or other potential sources over a human lifetime based on reliable scientific information. Thus, FQPA established an “aggregate risk” assessment to take into account pesticide exposure from all possible sources: food, drinking water, and structural sources including buildings, public facilities, and landscaping. Additionally, FQPA established the evaluation of “cumulative risk” or exposure to a pesticide within a chemical class of materials that have the same toxic effect or a common mode of action. The law also established a 10-fold safety factor to account for pre- and post-natal toxicity, as well as to ensure completeness of pesticide toxicology information to account for pesticide exposure of infants and children.
When all three components - safe, aggregate, and cumulative risks - are put together, this determines the amount of a pesticide that can be used each year in the United States or “the risk cup”. Safer materials inherently have a larger cup (i.e., can be used more) while less safe materials have a smaller cup (i.e., should be used less). Some materials such as those that are derived from natural sources or are known to be generally safer than others are classified as “reduced risk”. These materials generally have a lower toxicity to humans and non-target organisms, have a lower environmental impact (e.g., are non-persistent in soil or water), and/or enhance integrated pest management (IPM) practices.