Hemp and Pesticides

Pesticide Regulations

Pesticides are regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the associated sections of Title 40 of the Code of Federal Regulations (CFR). Except for pesticide products classified as “minimum risk," all pesticides must be registered with the U.S. Environmental Protection Agency (EPA).

In addition to federal registration, all pesticide products to be sold or distributed in Florida must be registered with the Florida Department of Agriculture and Consumer Services (FDACS). Learn more about pesticide product registration. 

What Are “Minimum Risk” Pesticides?

Certain pesticide active ingredients are exempt from EPA registration under FIFRA due to their low toxicity and, in many cases, ubiquity. FDACS maintains oversight of these EPA-exempt brands through the pesticide product review and registration process.

What Is a Tolerance?

As part of the process of regulating pesticides, the EPA sets tolerances, which are the maximum amount of a pesticide allowed to remain in or on a food. Currently, there are no specific tolerances for hemp; however, this could change at any time.

Guidance for Pesticide Products to Be Used on Hemp

FDACS provides the following guidance for pesticide products to be used on hemp:

1. Any pesticide used in the production of hemp must be registered with FDACS.
2. Any pesticide registered with FDACS may be used for the cultivation of hemp in Florida when applied in accordance with its label or labeling directions under the following conditions:
   1. For pesticides registered with the EPA under section 3 of the FIFRA:
      1. The pesticide product label expressly has directions for use on hemp OR
      2. The active ingredients found in the pesticide are exempt from a tolerance, and the pesticide product label expressly has directions for use on unspecified food crops. 
   2. For pesticides classified as “minimum risk” and exempted from federal registration under Section 25b of the FIFRA:
      1. The active and inert ingredients found in the pesticide are exempt from a tolerance and 
      2. The pesticide product label expressly has directions for use on cannabis, hemp or unspecified food crops.