Bill Aims to Curb Overregulation of Farmers, Ranchers

WASHINGTONLawmakers on Aug. 6 introduced the FIFRA Paperwork Reduction Act, legislation aimed at clarifying that additional permits are not required for pesticide application in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

Introduced by Sen. Blanche Lincoln (D-Ark.), Chairman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry; and Ranking Member Saxby Chambliss (R-Ga.), S. 3735 will bring legal and regulatory certainty for farmers, foresters and ranchers regarding the Environmental Protection Agencys (EPA) recent actions related to the Clean Water Act.

The bill makes it clear that producers who are in compliance with requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) do not need to obtain Clean Water Act permits. The bill will protect public health and safeguard the environment by ensuring that producers are in strict compliance with FIFRA while simultaneously eliminating duplicative regulatory obligations that would be imposed if Clean Water Act permits are required.

During the more than 35 years since the enactment of the Clean Water Act, the Environmental Protection Agency has never required a Clean Water Act permit for the application of FIFRA-registered farm chemicals. The FIFRA Paperwork Reduction Act will prevent EPA from doing so in the future.

Subjecting our farmers, foresters, and ranchers to an additional layer of bureaucracy under the Clean Water Act was never Congress intent," Lincoln said. Our legislation is very simpleas long as a producer is complying with FIFRA, then no Clean Water Act permit will be required. Our bill would extend this common-sense approach and avoid duplicative, unnecessary burdens on our farmers, foresters and ranchers."

The legislation was applauded by industry members.

American Farm Bureau Federation strongly supports legislation introduced today by Sens. Lincoln and Chambliss to remedy the harmful effects of a court decision that puts farmers at risk of unnecessary and burdensome regulation," said American Farm Bureau Federation President Bob Stallman. This legislation does nothing more than clarify what has been the situation for nearly 40 yearsthat lawful application of pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not trigger regulatory requirements in other programs. Congress must step up and take action to clarify the questions raised by a flawed court ruling that, if left to stand, will have ramifications for farmers and ranchers around the country. Farmers know the label on each chemical they use is the law of the land and that they must use chemicals properly. Having additional regulations and bureaucratic red tape will not improve food safety or the environment. We commend the senators for their leadership on this important issue."

Commenting on the bill, Ray Vester, Arkansas rice producer and chairman of the USA Rice Federation's Environmental Regulatory Subcommittee, said: The rice industry has been greatly concerned about the overreaching of the Clean Water Act into areas that have been historically and successfully regulated by FIFRA, and the additional burdens that this proposal is going to bring to everyone that uses pesticides; and while we don't believe that this proposed permit system applies to rice production, we are pleased that Sens. Lincoln and Chambliss are stepping up to provide legislation to correct this misinterpretation by the courts. The U.S. rice industry works hard to provide a safe and affordable crop to both domestic and international consumers and the ability to do that is jeopardized whenever laws that were never intended to regulate a process are mistakenly used to do just that. We believe that this legislation will put the Clean Water Act back on the course originally intended by Congress."