- Author: Ben A Faber
Pesticides and The Endangered Species Act: What You Need to Know
The following description has been endorsed by the Weed Science Society of America, Entomological Society of America, and American Phytopathological Society.
1: What is the Endangered Species Act (ESA)?
The Endangered Species Act is a long-standing federal law, first passed in 1973, which requires government agencies to ensure any actions they take do not jeopardize a species that has been federally listed as endangered or threatened. When an agency has a proposed action that might affect a listed species or its habitat, they consult with one or both of the agencies that helps enforce the ESA, the U.S. Fish and Wildlife Services or the National Marine Fisheries Service (this is known as “a consultation” with “the Services''). The Services then may recommend changes to the project or action to protect listed species or habitats.
2: How does the ESA affect pesticide use?
The Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is the federal agency that regulates pesticide use. Because the use of pesticides can affect animals and plants (or their habitat), pesticide registrations are considered “actions” that would trigger an endangered species consultation.
3: Why am I hearing about the ESA and pesticide use now?
Due to the complex nature of the process, the EPA has not fully completed the required endangered species consultations with the Services for pesticide registrations in the past, which has left many of those pesticides vulnerable to lawsuits. Courts have annulled pesticide registrations which has led to their removal from market. To make pesticide registrations more secure from litigation, ultimately all pesticide registrations will comply with the Endangered Species Act (https://www.epa.gov/endangered-species).
4: How will this affect the pesticide I use today?
Many pesticide labels will likely have changes that could include:
- Requirement to check the EPA's Bulletins Live! Two website and follow current ESA restrictions for the pesticide product in the bulletin (https://www.epa.gov/endangered-species/bulletins-live-two-view-bulletins)
- Measures to reduce spray drift
- Measures to reduce runoff/erosion
- Other measures to reduce pesticide exposure to listed species and their habitat
In short, farmers and applicators should expect to see some new application requirements on their pesticide labels. But there is no need to panic. To date, no pesticide has ever been fully removed from the market based solely on endangered species risks, and that remains an unlikely scenario in the future.
5: Why does complying with the ESA matter?
By starting to fully comply with the ESA, EPA anticipates that this will give farmers and applicators more stable, reliable access to the pesticides they need. Furthermore, the ESA has been successful at bringing back some species Americans care about – such as the bald eagle or the Eggert sunflower – and restoring them to healthy populations, which has benefited the natural and cultivated ecosystems that agriculture (and society) rely on.
- Author: Cheryl Reynolds
The UC Statewide Integrated Pest Management Program (UC IPM) put together a 26-page card set in English and Spanish on understanding pesticide labels. Intended for pesticide handlers, applicators, safety trainers, and pest control advisers (PCAs), the cards explain when to read the label, describe what kind of information can be found in each section of a pesticide label, and point out specific instruction areas so that applicators can apply pesticides safely and avoid illegal pesticide residues.
Traces of pesticide residue are normal and even expected after pesticides are applied to food crops, but by the time produce is ready to be sold, purchased, and consumed, residues are usually far below the legal limit.
by Cheryl Reynolds, UC Statewide IPM Program
In its latest report from 2013, the California Department of Pesticide Regulation (DPR) reported that there was little or no detectable pesticide residue in 97.8% of all California-grown produce. This demonstrates a strong pesticide regulation program and pesticide applicators that apply pesticides safely and legally. However, there have been instances in California where a pesticide not registered for a specific crop has been used unintentionally, resulting in illegal residues and eventually crop loss and destruction.
The Environmental Protection Agency (EPA) sets tolerances for the maximum amount of pesticide residue that can legally be allowed to remain on or in food.
DPR regularly monitors domestic and imported produce for pesticide residues and is considered the most extensive state residue-monitoring program in the nation.
The primary way pesticide applicators can assure that they make proper applications and avoid illegal pesticide residues is to follow the pesticide label. UC IPM's new card set was developed from information in the upcoming third edition of The Safe and Effective Use of Pesticides as well as Lisa Blecker, UC IPM's Pesticide Safety Education Program coordinator. Bound with a spiral coil, this eye-catching instructional card set was designed for both English-speakers and when flipped over, for Spanish-speaking audiences as well. UC IPM also plans to release a new online course on preventing illegal pesticide residues sometime late fall.
To download copies of the card set in English or in Spanish, see the UC IPM web site.