Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Cases decided under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y) (FIFRA) address the term "labeling."
FIFRA regulates pesticides by requiring that they be registered with the United States Environmental Protection Agency (EPA) before being sold or used. (7 U.S.C. 136a; Bates v. Dow Agrosciences LLC (2005) 544 U.S. 431, 437-438.)
As part of the registration process, the EPA determines whether the product labeling is adequate. (7 U.S.C. 136a(c)(5)(B); Bates, at p. 438.)
FIFRA contains a preemption clause providing that a state "shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter." (7 U.S.C. 136v(b).)
FIFRA defines "labeling" as including "all labels and all other written, printed, or graphic matter ..... accompanying the pesticide or device at any time." (7 U.S.C. 136(p)(2)(A).)
FIFRA also defines the term "label" to mean "the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers." (7 U.S.C. 136(p)(1).)
FIFRA's definition of "labeling" is not identical to that employed in the FMIA, but is somewhat similar in that both statutes use the word "accompanying" in the definition of "labeling" (compare 7 U.S.C. 136(p)(2) with 21 U.S.C. 601(p)), and both statutes contrast the concept of "labeling" with the narrower concept of a "label" that is attached to a product (compare 7 U.S.C. 136(p)(1) with 21 U.S.C. 601(o)).