Federal Insecticide, Fungicide and Rodenticide Act State Primacy

States have primary enforcement responsibility for pesticide use/misuse violations under sections 26 and 27 of the Federal Insecticide, Rodenticide and Fungicide Act (FIFRA). Additionally, standards and procedures for rescinding such authority under specified circumstances are detailed.

EPA issued two Federal Register notices governing how the Agency oversees the states:

• FIFRA State Primacy Enforcement Responsibilities: Final Interpretive Rule
• Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use Violations

Additional guidelines are included in the FIFRA State and Tribal Assistance grant guidance.

Under this system, states may refer potential use violations to EPA for enforcement action.

While FIFRA does not authorize tribes to be granted primacy, EPA may treat tribes who have cooperative enforcement agreements with EPA and who have appropriate use enforcement authority as having primacy.