Does FIFRA provide for States to delegate the responsibility for enforcing the requirements of FIFRA to town-, city-, or county-level units of government?
Section 26 of FIFRA designates a State as having primary enforcement responsibility for pesticide use violations when the State has met certain criteria including adopting and implementing adequate procedures for enforcement. See FIFRA § 26(a). Most states have entered into cooperative agreements with EPA and have EPA-approved plans for enforcement under section 26(b) of FIFRA. Section 26 of FIFRA is silent on whether local government shall or may be involved in enforcement. In some cases, the State Lead Agency may work with local levels of government to enforce the use of pesticides or may delegate enforcement authority to local agencies. These State-by-State procedures will be based on the State Lead Agency’s state authority to delegate their responsibilities under FIFRA to local entities.
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