Pest Management: Legal Aspects

Authored by: Michael T. Olexa , Zachary T. Broome

Encyclopedia of Environmental Management

Print publication date:  December  2012
Online publication date:  December  2012

Print ISBN: 9781439829271
eBook ISBN: 9781351235860
Adobe ISBN:

10.1081/E-EEM-120046222

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Abstract

To promote public health, personal safety, and environmental protection, pesticides and their use are extensively regulated. Pesticide regulation is primarily decided at the federal level and enforced by the Environmental Protection Agency (EPA). States comply with federal laws, but some states have enacted additional laws and regulations that establish state policies and positions on pesticide use within the state’s jurisdiction. Both federal and state laws provide for criminal prosecution and can impose penalties such as fines or imprisonment. In addition, common law actions are used to regulate pesticide use. Common law actions are civil claims brought by private citizens or state agencies based on an allegation of improper pesticide production or use. When a pesticide manufacturer or user causes personal injury or property damage, the victim initiates a civil action (i.e., lawsuit) to recover financial compensation for the harm.

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