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Federal Insecticide, Fungicide and Rodenticide Act


Please note that this page refers to federal requirements. State and local regulations may differ.

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) was first passed in 1947 and amended numerous times. FIFRA provides EPA with the authority to regulate distribution, sale, and use of pesticides. All pesticides distributed in the United States must be registered by EPA and show that specified use “will not generally cause unreasonable adverse effects on the environment.” This applies to all types of pesticides, including insecticides, herbicides, fungicides, rodenticides, and antimicrobials.

Antimicrobials are registered as either public health or non public health antimicrobial agents. Note that “antimicrobials” include disinfectants and other products that are intended to control microorganisms on surfaces. (Per 40 CFR 152.10© bleach products, cleaning products, and deodorizers do not require registration under FIFRA unless they make pesticide claims.) As such, FIFRA rules may apply to a wide variety of departments in healthcare facilities beyond grounds maintenance.

Public health agents are intended to control infectious micro-organisms that may be a hazard to human health. To obtain the designation of “public health” antimicrobial, a manufacturer must present data to EPA demonstrating that the agent is effective against specific infectious micro-organisms and meets safety and toxicity standards. An agent is considered effective if it controls the specified micro-organisms, not necessarily the diseases caused by the micro-organisms. The manufacturer cannot claim that the agent prevents diseases.

Requirements for Pesticides

Under Section 3 of FIFRA, all pesticides (with few exceptions) sold or distributed in the United States must be registered by EPA. Pesticide registration is very specific and generally allows use of the product only as specified on the label. As a part of the registration, EPA classifies the product as unclassified, general use, or restricted use (40 CFR Section 152.160(a)). Restrictions will relate to the product’s composition, labeling, or packaging. For pesticides that may cause unreasonable adverse effects on the environment, including injury to the applicator, EPA may require that the pesticide be applied either by, or under the direct supervision of, a certified applicator.

FIFRA requires users of products to follow the labeling directions on each product explicitly. The following statement appears on all EPA-registered product labels under the Directions for Use heading: “It is a violation of federal law to use this product in a manner inconsistent with its labeling.” In other words, over and above the requirements of common sense, healthcare facility staff are required by law to follow the safety precautions and use directions on the labeling of each registered product. Note in particular

  • Specified dilution
  • Contact time
  • Method of application

Not following these or any other condition of use covered by the label would be considered misuse of the product.

Common areas for inspection

While an EPA inspector is authorized to examine a wide range of documents and operations, they will likely be particularly interested in the following features:

  • Personnel protection equipment
  • Pesticide application equipment
  • Pesticide storage areas, including storage containers

Typical records an EPA Inspector may ask to review for FIFRA compliance include:

  • Records of pesticides purchased (purchase orders, inventory)
  • Pesticide application records
  • Description of the pest control program
  • Certification status of pesticide applicators
  • Pesticide disposal manifests
  • Contract files
  • Recent ventilation rating for pesticide fume hood and pesticide mixing/storage areas