Know the difference between legal and illegal weed killers in the U.S. Under FIFRA, this would include canceled, misbranded, suspended or unlicensed weed killers, also know as unregistered weed killers.
Find out whether the EPA has reviewed and licensed a weed killer before you advertise or attempt to sell them. The EPA must determine that a weed killer poses no unreasonable risks to the environment or to human health. Once the determination has been made, each weed killer will be licensed for distribution, sale, or use as the label directs.
Visit the EPA's "What is a Pesticide?" website for clarification if necessary. For regulatory purposes, weed killers are classified as pesticides.
Check the labels of all weed killers before offering them for sale. When referring to labels, this includes brochures or flyers included with the product, the label on the package and any other information added by the manufacturer. The EPA's approves the language on the label. The label explains how the product must be used. If the EPA does not approve the label language, you may not sell the weed killer.
Check the label to determine whether the EPA registered the herbicide for general use or whether use is restricted. This tells the seller whether the purchaser must have a certification to buy and use the product.
Comply with state or tribal laws, if any, in addition to EPA regulations. State's laws differ. States sometimes require that all dealers selling weed killers in their state be licensed, even if they sell only online. The National Pesticide Information Center website provides links to the proper regulatory agency for all 50 states.
Read the label every time you receive new weed killer products for sale, because labels change.
Check the labels of all natural products being sold for use as a weed killer. These are subject to the same stringent EPA label approvals at chemical weed killers.
Those who sell unlicensed weed killers violate federal regulations and could be fined and/or charged with both civil or criminal penalties.
DuPont was fined $15,000 for allowing the repackaging of pesticides, a federal violation.
- Environmental Protection Agency; Agriculture: eCommerce Pesticides; July 2010
- Environmental Protection Agency; What is a Pesticide?; April 2011
- National Pesticide Information Center: State Pesticide Regulatory Agencies
- Agro Pages; DuPont Fined $15,000 by EPA for Repackaging Herbicide; December 2010
- Purdue University: Herbicide Formulations
- Purdue University: Association of American Pesticide Control Officials: Home
- State of Texas Department of Agriculture: Pesticide Programs: Frequently Asked Questions
- U.S. Environmental Protection Agency: Summary of the Federal Insecticide, Fungicide...
- U.S. Environmental Protection Agency; Protect Your Business: Avoid Selling Illegal Pesticides; December 2010