Advisory on the Applicability FIFRA and FFDCA for Substances used to Control Varroa Mites in Beehives
EPA is issuing this advisory to clarify what pesticide products and active ingredients are registered under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to control varroa mites (Varroa destructor) in beehives, what tolerances or exemptions under Federal Food, Drug and Cosmetic Act (FFDCA) are applicable, and how the Agency views use of unregistered products to treat beehives for one’s own personal use. EPA is also affirming that use of registered pesticides must comply with FIFRA labeling requirements, that pesticide residues in honey must comply with any federal tolerances under FFDCA, and that states may have more restrictive requirements that must be followed as well.
It is a violation of FIFRA if a person uses registered pesticides in a manner that is not in accordance with label instructions. Currently, EPA has registered 16 pesticide products, covering about 10 active ingredients, that can be used on beehives to control varroa mites. In registering these pesticides products, EPA has conducted comprehensive evaluations and determined the products will not cause unreasonable adverse effects to human health or the environment. Using unregistered pesticides could result in a violation of FFDCA, if there are residues in the honey or other edible bee products (e.g., honeycomb, pollen) that are not covered by a tolerance or exemption under FFDCA. The sale or distribution of adulterated honey is a violation of FFDCA.
EPA remains committed to supporting the compliance and enforcement efforts by states with primary enforcement authority to ensure compliance with FIFRA requirements.
- Why is EPA issuing an advisory now?
- What are varroa mites and why are they such a concern for the beekeeping community?
- What does it mean to be a registered pesticide under FIFRA?
- What does it mean to be exempt from the requirements of FIFRA as a “minimum risk pesticide”?
- What does it mean to have a tolerance or tolerance exemption under FFDCA?
- Does an exemption under from the registration requirements under FIFRA automatically mean it is exempted under FFDCA from the requirements for a tolerance, and vice versa?
- Are there pesticides registered under FIFRA that beekeepers can use to control varroa mites in their beehives?
- Are there tolerances or tolerance exemptions set under FFDCA that cover the residues of the pesticide products listed in Table?
- Is it a violation of FIFRA to use a registered pesticide in a manner that is not consistent with its label?
- Is it a violation of FIFRA or FFDCA to sell or distribute food derived from beehives (e.g., honey, comb, wax, propolis, royal jelly, pollen) harvested from beehives treated with unregistered products?
- Is it a violation of FIFRA or FFDCA to sell or distribute the honey or other edible beehive products (e.g., pollen, honeycomb) harvested from beehives treated with unregistered products?
- Are there state pesticide laws that are different from FIFRA that may be applicable?
- What other efforts is EPA engaged in to help beekeepers address the varroa mite issue?
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