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Informed Discussion of Beekeeping Issues and Bee Biology

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Subject:
From:
Peter L Borst <[log in to unmask]>
Reply To:
Informed Discussion of Beekeeping Issues and Bee Biology <[log in to unmask]>
Date:
Thu, 17 Feb 2011 08:27:02 -0500
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Bill Ruzicka repeatedly states:  There is no law on the US federal books to prevent a beekeeper from using unregulated substance (formic acid) in his own hives, however the state and local policies may vary widely including persecution and fines. EPA regulates pesticides under broad authority granted in two major statutes, which were amended by the Food Quality Protection Act of 1996.

RESPONSE: 

Federal Pesticide Laws

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) - requires all pesticides sold or distributed in the United States (including imported pesticides) to be registered by EPA. EPA can authorize limited use of unregistered pesticides or pesticides registered for other uses to address emergencies and special local needs.

Federal Food, Drug and Cosmetic Act (FFDCA) - Requires EPA to set pesticide tolerances for all pesticides used in or on food. A tolerance is the maximum permissible level for pesticide residues allowed in or on commodities for human food and animal feed.
Under the Food Quality Protection Act, of 1996, which amended to both FIFRA and FFDCA, EPA must find that a pesticides poses a "reasonable certainty of no harm" before that pesticide can be registered for use on food or feed. 

The Pesticide Label

All label language must be approved by EPA before a pesticide can be sold or distributed in the United States. The overall intent of the label is to provide clear directions for effective product performance while minimizing risks to human health and the environment. It is a violation of federal law to use a pesticide in a manner inconsistent with its labeling. The courts consider a label to be a legal document. In addition, following labeling instructions carefully and precisely is necessary to ensure safe and efficacious use.

[ By the way, it is also perilous to dish out faulty legal advice ... ]

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