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    Pesticide Programs

    Act 44 Amendment to Pennsylvania's Medical Marijuana Law

    HB 1024, now Act 44 of 2021, does not limit PDA's power over pesticides. It confirms the PDA's existing authority from the Pesticide Act. Moreover, it sets a process for the Secretary of Agriculture, in consultation with the Secretary of Health, to publish a list of approved pesticides for medical marijuana crops. This is done according to the statute's schedule. The PDA retains full authority over pesticide registration, labeling, usage restrictions, application, licensing, inspection, and other powers defined in the Pennsylvania Pesticide Control Act of 1973 and its regulations.

    Medical Marijuana and Pesticide Information

    Pennsylvania's Medical Marijuana law has created a unique situation for pesticides. To use a pesticide on a crop, it must be EPA-approved for that crop. The rule "the label is the law" reflects this. It's based on the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). Using a pesticide on a non-listed crop breaks this law. Marijuana, classified as a schedule 1 narcotic, isn't recognized as a crop by the EPA. Therefore, the EPA has never approved a pesticide for marijuana.

    However, some pesticides have broad labels. These can be used on marijuana, as they're not explicitly banned. For instance, products labeled for "spinach, lettuce, and other leafy vegetables" can also cover other similar crops. The Pennsylvania Department of Agriculture (PDA) has a policy that allows using pesticides for unspecified food crops or herbs on marijuana.

    The PDA has a list of active ingredients that are 1) exempt from food residue limits, and 2) have at least one federal registration for unspecified food crops, or are entirely exempt from federal registration. Moreover, all pesticides in PA must be PDA-registered. Not all ingredients on the PDA list are in registered pesticides. However, the PDA acknowledges that a properly labeled pesticide with these ingredients can be used on marijuana, once registered. If a grower finds a suitable but unregistered product, they should contact the manufacturer to express demand in PA.

    Frequently Asked Questions

    ​PDA will publish a list of approved pesticide active ingredients annually in September. PDA will remove active ingredients on an as-needed basis. 

    ​There are a variety of useful tools to find pesticide products by active ingredient. The National Pesticide Information Retrieval System (NPIRS) correlates Pennsylvania's registration data with the EPA's federal registration data. You can search for products registered in PA by brand name, EPA Registration Number, company name, or active ingredient NPIRS State Public (purdue.edu) 

    Federal registration data can be found on EPA's Pesticide Product Label System (PPLS): Pesticide Product and Label System | US EPA  

    This search will give you access to the master label a company has submitted to the EPA; this will list all possible uses and language the EPA has allowed the company to claim on market labels (i.e. the label attached to the pesticide container). Remember, the registrant may not list all of these potential uses on the market label; so, the actual label in the marketplace may not allow for all the uses represented in the master label.  

    Another useful tool is the National Pesticide Information Center's (NPIC) Product Research Online (NPRO) NPRO (orst.edu) 

    ​No. For use on medical marijuana, a pesticide must both 1) contain only active ingredients found on the approved list, 2) must be registered in PA, and 3) be labeled for nonspecific food or herb crops. An example of such label language may be a hydrogen peroxide product labeled for use “on all flowering plants, ornamentals, house plants, vegetable, berry and fruit plants, trees and shrubs,” because it can be applied to any vegetable. Another example is a Bacillus thuringiensis product that is labeled for use on “Vegetable plants such as the following...” because it doesn’t restrict use to only certain vegetable crops.

    ​No. The label that comes with your pesticide must list unspecified food crops to be legally used on marijuana.  

    Pennsylvania's pesticide registry can be found at https://www.paplants.pa.gov/ProductRegFSA/BrandSearch.aspx  

    Registration data can also be found on NPIRS site: NPIRS State Public (purdue.edu)  

    Information on NPIRS is not always complete however, so checking the PAPlants.pa.gov search is recommended to double check registration.  


    Submissions can be sent to:  

    Pennsylvania Department of Agriculture 

    Attn: Pesticide Registration 

    2301 North Cameron Street  

    Harrisburg PA 17110 

    Submissions received prior to June 1st will be considered for inclusion in the approved list. Active ingredients will be considered for inclusion on this list by the following criteria: 

    1. The active ingredient is in at least one EPA registered pesticide, or is exempt under FIFRA 25(b) 
    2. Pesticides containing this ingredient are labeled for unspecified food or herb crops 
    3. The active ingredient is exempt from the requirements of a tolerance on all food crops 

    PDA may also consider other factors, such as pyrolysis data or whether addition of an active ingredient may likely lead to widespread misuse. 

    Additional Information

    Contact

     Inquiries about pesticide registration can go to Daniel Duer 717-772-5211.