EPA Endangered Species Act: New Pesticide Label Requirements

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The EPA has updated pesticide labels to reflect changes in how we apply pesticides to protect endangered species. Labels now require one to examine a website, Bulletins Two! Live, prior to application of any pesticide to determine whether the product will impact an endangered species or cause harm to an endangered species habitat. This requires several steps and may result in several outcomes listed below.

  1. The product can be applied without any geographic restriction according to label directions.
  2. The product can be applied but with restrictions (i.e. rate, timing, buffers, etc.)
  3. The product may not be applied at all.

The first step is to check this designated website to determine whether the pesticide can be applied. This website is considered part of the label requirements and will give additional information for application. If there are indeed restrictions, a pesticide limitation use area (PULA) will be provided with very specific details. If there are no geographical restrictions, one may apply the product according to the pesticide label. Whether a PULA exist or not, one is required to print or save these results to be in full compliance.

Printing or saving the file provides a time stamp when completed. If a pesticide was applied without this documentation or if the date/time stamp is after the application, one is noncompliant. Associated fine or actions for noncompliance are determined by the NCDA & CS and the Pesticide Board’s recommendations.

This change will require that you enter the exact EPA Product Registration Number of the pesticide(s) one will use, the site(s), and the month(s) of application(s). As such, one will either have to consult existing personal pesticide application records, the pesticide label, or find the exact product information on the web. (Most company websites will have this information).

Once completed for all pesticides to be applied within a six month period, the record printed will be valid for six month. Any pesticide made after this six month period will require visiting the website again and listing all pesticides to be applied within the next six months.

Lastly, beginning in 2026, pesticide labels will require a minimum number of mitigation points in order to legally apply the pesticide. These points are gained using the EPA Runoff & Drift Calculator. Currently, only a few pesticide labels contain this requirement. However, beginning in the fall of 2026, more will be added. For more information on this process, read the article, “Obtaining Mitigation Points for ESA”.

Summary

How to Comply (Step-by-Step)

  1. Gather Information: Locate the exact EPA Product Registration Number on the pesticide label or online.
  2. Search: Go to the Bulletins Live! Two website and enter the registration number and the planned month(s) of application for the sites of pesticide application.
  3. Save Proof (Mandatory): You must print or digitally save the search results before applying. Note: Saving results after application is non-compliant and cannot be corrected because the timestamps will not match.
  4. Three Possible Outcomes
  • No restriction: Apply normally according to label directions.
  • Restrictions: Apply only under specific limits as provided by the website and label (e.g., adjusted rates, specific buffers, or timing).
  • No application: The product cannot be used in that specific geographic area.

Key Rules & Fines

  • 6-Month Validity: Saved search records are valid for six months. You must re-check the website and print the new results once this period expires.
  • Penalties: Applying pesticides without pre-application saved documentation will result in non-compliance. Fines are determined by the NCDA & CS and the Pesticide Board.

Obtaining Mitigation Points

In addition to the steps above, new label changes may mandate a minimum number of points to obtain using the EPA Runoff & Drift Mitigation Calculator before a pesticide is allowed to be used. The EPA’s Runoff & Drift Mitigation Calculator provides choices for management, landscape, application equipment types, drainage, irrigation, and other practices to receive a score. This score will vary and is associated with the EPA’s Registration Number. Read more in the article, Obtaining Mitigation Points for ESA