1988 FIFRA Amendments: A Major Step in Pesticide Regulation
Editors' Summary: While the 1988 FIFRA Amendments are not the comprehensive reform package many had hoped for, the Amendments do address an issue at the heart of the pesticide program—EPA's reregistration of old pesticides. After unsuccessful attempts to amend FIFRA in 1982 and 1986, Congress passed a bill stripped of controversial issues such as groundwater contamination and farmer liability for contamination resulting from lawful pesticide use. However, the 1988 Amendments greatly accelerate the pace of EPA's reregistration program, under which the safety of older pesticides registered under now obsolete testing methods is reevaluated. The new law also helps ensure that EPA will have the money to implement the program by establishing reregistration fees, limiting the government's indemnification obligations for stocks of banned pesticides, and requiring registrants to assume most of the responsibility for the storage and disposal of banned pesticides. The authors review the origin of the "old pesticides" problem and describe how the Amendments will accelerate the reregistration program. They conclude that the Amendments could speed the abandonment of certain useful pesticide products, especially older products that require significant additional testing, but will provide greater assurance that pesticides do not present unacceptable risks to human health and the environment.