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Some new pesticide labels have a requirement that records be kept as to endangered species. John Orrok, Department Environmental Protection, indicated that pesticides under the Endangered Species Act (ESA). As of right now, neither the Federal EPA nor New Jersey DEP have any pesticide record keeping requirements specifically related to pesticide label directions for endangered species protection. He indicated that if any individual pesticide label instructs the pesticide applicator to record any information as part of the use of the product, then that is required since “the label is the law.”
Record keeping requirements for private applicators are found in the NJDEP rules at N.J.A.C. 7:30-8.8. Although there are no ESA-specific requirements here, it may still be a good idea under a “best management practices” philosophy to record important information to show due diligence in following the label.
Mark VanGessel, Extension Weed Specialist, mjv@udel.edu wrote in the Weekly Crop Date, University of Delaware Cooperative Extension on March 20, 2-26 the following.
ENDANGERED SPECIES ACT AND PESTICIDE LABELING
All herbicides registered (or reregistered) in the past few years have Endangered Species Protections on their label. This also applies to all pesticides (fungicides, insecticides, and rodenticides). So currently it only applies to a few registered products (Enlist One, Enlist Duo, Liberty Ultra, Engenia, Tavium, Stryax, and the insecticide isocycloseram). But this will become more common as products go through (re)registration.
Refer to EPA’s Endangered Species main webpage for background (https://www.epa.gov/endangered-species); and specific information on mitigating pesticide runoff/erosion and drift (https://www.epa.gov/pesticides/mitigation-menu).
There is a series of short videos to explain how to use the EPA’s website and mitigation calculators.
These are great resources.
(https://www.youtube.com/playlist?list=PLGqU0DXokVsQdGZkr6XhAJluBPEcYsMJ9).