Pesticide storage, disposal, drift and complaints in the United States

This page reports what the official source says. It is not legal advice: ask the office named here. It covers the federal side from the Environmental Protection Agency, called EPA below, and one state example, the Texas Department of Agriculture. Licensing is on the guide pesticide licences by country.

The label is the law

EPA's introduction to pesticide labels says that, unlike most product labels, pesticide labels are legally enforceable. Every one carries the statement that it is a violation of federal law to use the product in a manner inconsistent with its labeling, and EPA sums it up as "the label is the law." The page says the label sets who may use a product, and where, how, how much and how often. State and federal agencies enforce label requirements. The page also separates the terms: "label" is the printed matter on the product or its container, and "labeling" adds the other written matter that accompanies it or is referred to on the label.

Storage and disposal

EPA's Label Review Manual, chapter 13, covers storage and disposal wording. It says a product's Storage and Disposal section must give instructions on how to store the product, how to dispose of leftover pesticide, how to clean an empty container for certain types of pesticides and containers, and how to dispose of an empty container when recycling or reconditioning is not an option. It may also cover rinsate and returning a refillable container. The manual says these instructions are grouped under the heading Storage and Disposal near the end of the Directions for Use, and that container cleaning instructions always stay on the label itself. The requirement sits in federal regulation 40 CFR 156.10 and the container labeling rules in 40 CFR 156.140 to 156.159. The manual is written for label reviewers, so it describes label content rather than rules for a yard or a truck. The chapter used here is the July 2013 revision, held in an EPA archive snapshot.

Drift

EPA's page on pesticide drift defines spray drift as pesticide dust or droplets that travel through the air during or soon after application and land somewhere other than the target site. It says drift can affect people, wildlife, plants and water bodies, can injure nearby crops, and that state and local agencies receive thousands of drift complaints each year. EPA lists its drift work as drift assessments in risk reviews, label improvements and training for applicators. The page gives home users a short list: apply only to the treatment area, keep product away from storm drains and ditches, and mind wind and the 24-hour rain forecast. Its applicator resources include a 2018 webinar series on managing spray drift.

Where complaints go

Situation	Where EPA points
Drift problem	The National Pesticide Information Center at 800-858-7378, or the state pesticide regulatory agency
Possible illegal use or misuse	The state pesticide regulatory agency, which EPA says has primary enforcement responsibility in most states
Exposure or harm	The product manufacturer (contact on the label), EPA directly, or the local Occupational Safety and Health Administration office if it happened at work
Emergency spill or sudden threat	The National Response Center at 1-800-424-8802
Non-emergency spill	The National Pesticide Information Center, or the manufacturer
Poisoning	911 if the person is unconscious, has trouble breathing or convulses; otherwise Poison Control at 1-800-222-1222

The EPA page on incidents also says that NPIC passes summary reports to EPA but does not collect information for enforcement.

A state example: Texas

The Texas Department of Agriculture page on complaint investigation procedures says the department is the lead state agency for regulating pesticides and investigates complaints of alleged misuse from anyone who believes they were harmed or that a violation occurred. It takes reports by phone or in writing. Investigation reports are released on written request after the case closes, because samples and interviews take time. If a violation is documented, the page says the department's responses range from a warning or an administrative penalty to suspending, changing or revoking a license, or passing the case to another agency. Spills go to the Texas Commission on Environmental Quality.