Federal Insecticides, Fungicides, And Rodenticide Act Essay

Procedural History: Under the authority of the Environmental Protection Agency (EPA); Federal Insecticides, Fungicides, and Rodenticide Act (FIFRA), manufacturers were required to register their pesticides. EPA had a â€Å"me-too† process that allowed for the pesticide equivalent of generic drugs. Monsanto Corporation sued because EPA was making them publicize trade secrets, which they claimed was a taking. Congress reiterated in Section 3(c)(1)(D)(ii) of FIFRA that EPA should make administrative decisions about how much money these manufacturers would get for damages from loss of their trade secrets. Union Carbide sued because they felt that the decisions should be made by the judicial court, not an administrative agency. The U.S. District Court for the Southern District of New York held that the claims challenging the arbitration provisions were ripe for decision and that those provisions violated Article III. Standing was approved for all appellants, who took a direct appea l to the U.S. Supreme Court. Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the follow-on and registrant has offered to compensate the original registrant for use of the data. The legislation provides for binding arbitration. However, if the registrants fail to agree on compensation, the arbitrator s decision is subject to judicial review only for fraud, misrepresentation, or other misconduct. The manufacturing firms engaged in theShow MoreRelatedNational Ambient Air Quality Standards For Hazardous Air Pollutants ( Neshaps )1341 Words   |  6 Pagesequipment in compliance with all existing regulatory standards and operated facilities within the state to which it is seeking a permit? d. Does the benefit of the project outweigh the environmental and social costs? e. Does the project comply with the federal emission offset requirements under the New Source Review? c. How would your conclusions change if the plant emitted hazardous air pollutants? a. The installation or expansion of the project must be discontinued and the corporation must be sanctionedRead MoreThe Dangers Of Genetically Modified Organisms741 Words   |  3 Pagesnew animal drugs under the FDC Act and other under which such products are regulated by the EPA as pesticides under FIFRA. FDA believes that the interpretation of the phrase â€Å"articles (other than food) intended to affect the structure or any function of the body of man or other animals† in the FDC Acts drug definition (21 U.S.C. 321(g)(1)(C)) is consistent with congressional intent and does not include articles intended to function as pesticides or insecticides by preventing, destroying, repellingRead MorePesticides: What Will We Do Without Them?565 Words   |  2 Pagespassed in 1901. During 1910, the federal pesticide law was created, however the enactment of the law did not occur until decades later. The Fungicide and Rodenticide Act (FIFRA), 1947 pesticide control law was passed in accords protecting consumers from misleading labeling and defective products. Pesticides are poisonous, made to kill, but does a good service. Insecticides another poison eradicated typhoid and malaria and both the herbicides and insecticides are acknowledge for America’s bountifulRead MoreGmo Case Study990 Words   |  4 PagesHealth Inspection Service, the Food and Drug Administration, the Environmental Protection Agency. These agencies operate based on regulations set by the Plant Protection Act, the Federal Food, Drug, the Cosmetic Act, Public Health Service Act, the Federal Insecticide, Fungicide and Rodenticide Act, and the Toxic Substances Control Act. The legal production, development, and use, of GMOs must be accompanied by the authorization of the respective regulatory agency aforementioned. This involves an arduousRead MoreOnion and calamansi extract as cockroach killer3205 Words   |  13 Pagescontaminate food at the same time infect It with the bacteria they carry. The bacteria they spread in food can cause food poisoning. People have used various instruments to control the cockroach problem in homes. The most popular is the commonly used insecticide sprays. Most of these can destroy cockroaches but they can also do serious damage to humans as well. Cockroaches are insects of the order Blattaria or Blattodea, of which about 30 species out of 4500 total are associated with human habitationsRead MoreSilent Spring, By Rachel Carson1823 Words   |  8 Pages(Lerner). Silent Spring was a driving force behind the creation of the EPA, or Environmental Protection Agency. The EPA is responsible for regulating and enforcing the myriad of laws that protect our environment today. The FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) was one such law. Originally enacted in 1910, the FIFRA was intended to protect farmers from manufacturers who were selling adulterated or ineffective pesticides (Bearden). During this time, the U.S. Department of AgricultureRead MoreThe Second Criterion Is Quality1250 Words   |   5 PagesAir Act was created to provide air quality standards in order to protect the health of the people. It also regulated toxic and hazardous air pollutants (Kraft Furlong, 2015). The Clean Water Act and the Safe Drinking Water Act established similar protections for the water supply. However, considerations for health and environment are often balanced with economic concerns. For example, the Federal Environmental Pesticide Control Act and the Federal Insecticide, Fungicide, and Rodenticide Act soughtRead MoreJohn Locke s Second Treatise Of Government1322 Words   |  6 Pagesallows manufacturers and industrial plants to routinely release toxic chemicals into the environment, endangering the lives, health, and by extension, liberty and labor, of citizens. In 1972, Congress passed the Clean Waters Act, and in 1990, Congress re-wrote the Clean Waters Act to further regulate air pollution. Although noble in purpose, this legislation has been only partially implemented and haphazar dly enforced. President Obama, recognizing the dangers of toxic waste, implemented the Clean WaterRead MoreHistorical Influences On Manufacturing Regulatory Practices1798 Words   |  8 PagesCalifornia Department of Pesticide Regulation guide book (2011), farmers found they could use Paris green, a paint pigment containing arsenic, to protect their crops from insect damage, sulfur to control disease, and copper sulfate and hydrated lime as a fungicide. However, it appeared that many of these toxic chemicals were ubiquitous in society during the time early in the 20th century and the regulation of manufacturing products was lacking, leading to a glut of various mislabeled products and false claimsRead MoreGmos Case Study1373 Words   |  6 PagesRegulation of Biotechnology Based on the equivalence principle, the U.S. government has made use of existing laws to ensure the safety of GM products: the Plant Protection Act (PPA), the Federal Food, Drug, and Cosmetic Act (FFDCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA). Responsible agencies: FDA (food and feed safety); APHIS (environmental safety of GM crops) and EPA (development and release for GM plants with pest control properties)