Is there preemption
Yes. There is explicit preemption of all local pesticide regulation.
What is the preemption statute?
Section 15.1(a) of the Pennsylvania Pesticide Control Act of 1973 (Act) requires registration of all pesticides distributed within Pennsylvania with the Commonwealth’s secretary of Agriculture in accordance with the Act’s provisions.[1] The Act further provides, in 3 P.S. § 111.57(b), that:
“This act and its provisions . . . occupy the whole field of regulation regarding the registration, sale, transportation, distribution, notification of use, and use of pesticides to the exclusion of all local regulations. Except as otherwise specifically provided in this act, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, handling or use of pesticides, if any of these ordinances, laws or regulations are in conflict with this act.”[2] (emphasis altered).
What is the governing federal law?
Federal Insecticide, Fungicide and Rodenticide Act of 1947 (FIFRA) regulates the distribution, sale, and use of all pesticides in the United States.[3] Section 136(a) of FIFRA requires registration with the EPA of all pesticides sold and distributed within the United States. Applicants must show that use of the pesticide in accordance with specifications will not cause “unreasonable adverse effects on the environment.”[4] The act defines, in 7 U.S.C. §136(bb), ‘’unreasonable adverse effects on the environment’ as:
“(1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act.”[5]