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Overview of Pesticide Regulations That Affect Small Farms

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For both organic and conventional growers, pesticides are an invaluable tool in the production of high yielding, safe and nutritious crops. Growers use pesticides to control weeds, insects, plant diseases, rodents and other pests that can impact yields, quality and marketability. They can also be vital in maintaining a safe working environment by managing hazards such as mosquitoes, fire ants, poisonous plants and more. Additionally, pesticides are invaluable in managing exotic invasive pests (including plants, insects and plant diseases) that degrade woodlands and other natural areas on the farm. This article is intended to give new and aspiring growers an overview of the laws and regulations related to their use.

Note that farmers are not required to have any type of certification to apply general use pesticides on their own crops. However, the use of certain products does require applicator training and certification. For example, some pesticides are designated “Restricted Use” by the US Environmental Protection Agency (EPA). Such products are so designated due to increased risk of health or environmental impacts, and thus training is needed to use them properly. In that case, farmers need to become certified as Private Applicators before being allowed to purchase and apply them.

There are also specific training requirements related to the use of soil fumigants, paraquat, and certain auxin based herbicides, due to the need for extra safety or environmental precautions.

However, even if a farmer does not intend to use Restricted Use pesticides, there is still value in going through the certification process. By doing so, farmers will receive regular training on safe and proper use of pesticides, as well as how to comply with regulations that may apply to their farm operation. The required continuing education covers topics such as pollinator protection, personal protective equipment, protecting water quality, recordkeeping and much more. Private Applicator certification also qualifies farmers to provide some of the legally required training that must be given to people that work on the farm.

In addition, there is always the possibility that a farmer will encounter a pest for which a restricted use product is the only effective option. Getting certified in advance allows the farmer to purchase and use a necessary product in a timely manner, potentially avoiding a devastating loss.

Even farmers who are not certified and/or use only organic products are required to follow various pesticide usage laws and regulations. The most important of these is to follow all the instructions that come with the product. Such instructions are normally referred to as the “pesticide label”. These instructions cover important information such as:

Specific crops on which the product may be applied
Specific pests for which the product is suitable
How to apply it
How to mix it
What type of Personal Protective Equipment to wear
How long to stay out of the treated area
How soon after application the crop may be harvested
How to protect bystanders and pets
Storage and disposal
How to avoid environmental impacts
…and much more.

Additionally, farmers with workers on the farm must follow the Worker Protection Standard, which is a federal regulation designed to protect the health and safety of farmworkers. These regulations address such topics as worker training, application notification, recordkeeping, safety equipment and more. More information is available on the Pesticide Environmental Stewardship website.

While the major laws regarding pesticide use originate at the federal level, enforcement is normally a function of state government. In this state, the North Carolina Department of Agriculture and Consumer Services fulfills that role. Their Pesticide Section is responsible for applicator certification and investigating complaints. They also support essential services for farmers such as disposal of unneeded pesticides and product container recycling.

To get certified as a Private Applicator, farmers must pass a test administered by the NC Department of Agriculture and Consumer Services. There is a $10 testing fee, plus a $10 fee to receive the certification card. Once certified, Private Applicators must receive four hours of continuing education every three years. The continuing education training is offered by the N.C. Cooperative Extension Center in each county.

Additional details are available at this page.