EPA Regulation of Plant-Pesticides and Bt Plant-Pesticide Resistance Management

The US Environmental Protection Agency (EPA) regulates pesticides under two major statutory authorities: the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Federal Food Drug and Cosmetic Act (FFDCA). Under FIFRA, the EPA has the authority to regulate the development, sale, distribution, use, storage, and disposal of pesticides. To be registered, FIFRA required that a pesticide will not cause “unreasonable adverse effects” to human health or the environment. The Federal Food Quality Protection Act of 1996 (FQPA) modified the test for “unreasonable adverse effects,” effective August 3, 1996. The EPA determines if a pesticide would cause an unreasonable adverse effect by considering “the economic, social, and environmental costs [risks] and benefits” of the use of the pesticides. FIFRA generally prohibits the sale or distribution of a pesticide unless it is registered. A product may be registered either unconditionally (see FIFRA section 3(c)5) or conditionally(see FIFRA section 3(c)(7)). FIFRA, amended by FQPA, defines the term “unreasonable adverse effects on the environment” to mean: “(1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act” (7 U. S. C. 136(bb)). Before the FQPA amendments took effect on August 3, EPA Regulation of Plant-Pesticides and Bt Plant-Pesticide Resistance Management