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.