TheResource Conservation and Recovery Act (RCRA) mandates a specific disposal system for hazardous wastes. Restricted use pesticides that have been discontinued or have otherwise not been used beyond their certified shelf life are considered hazardous wastes under the due to the toxicity and otherwise acutely hazardous character of their ingredients.

A farmer's disposal of such discontinued pesticides is exempt from RCRA when?

a.

the farmer triple rinses the pesticide container with a solvent capable of dissolving the residue

b.

the farmer disposes the pesticide on his own land in a method consistent with the label

c.

both of these are required for the exemption

Federal Food Drug and Cosmetic Act (FFDCA) (21 U.S.C. 301et seq) authorizes the EPA to set standards - legally permissible levels - for pesticide residues on food. When is a substances exempted from receiving a standard?

a.

when a substance will involve no hazard to public health

b.

when the substance is critical to the harvest of economically important commodities

c.

when the substance is sprayed on a commodity that is not normally eaten raw

Federal Appeals Circuits are split on whether FIFRA's express federal pre-emption bars state common law claims against a manufacturer for injuries caused by a pesticide. What is the rule in the 4th Circuit (which includes North Carolina)?

a.

That FIFRA bars all state common law label claims as pre-empted by FIFRA

b.

That FIFRA allows state common law claims but only when the manufacturer fails to disclose relevant safety data to the EPA when registering a pesticide

c.

That FIFRA does not pre-empt state common law claims against a manufacturer for crop damage due to mislabling if state law requires label compliance with FIFRA

Which statement below isnottrue of FIFRA?

a.

FIFRA provides pesticide applicators reasonable discretion to target variety of pests with a pesticide

b.

FIFRA allows the EPA to factor in economic benefits of a proposed pesticide in determining whether it poses an unreasonable risk

c.

FIFRA is primarily a product licensing statute

Which below is not considered an unlawful under FIFRA?

a.

a dealer sells the remaining inventory of a pesticide that has been suspended or cancelled by the EPA

b.

applying a pesticide in greater quantity than as specified on the label

c.

targeting a pesticide to a pest that is not specifically named on the label

d.

all of these are FIFRA violations