1. Which statement below is not true of FIFRA?

a. FIFRA provides pesticide applicators reasonable discretion to determine which pesticide is most effective on a variety of pests. b. FIFRA is primarily a product licensing statute c. FIFRA allows the EPA to factor in economic benefits of a proposed pesticide in determining whether it poses an unreasonable risk

2. Which below is not applicable to a restricted use pesticide?

a. the pesticide may only be applied by a trained and licensed applicator

b. It may be sold "over the counter" to the general public

c. a dealer may only sell it to a licensed applicator

3. In North Carolina, who bears primary responsibility for enforcing label restrictions?

a. The Department of Environmental Quality

b. The North Carolina Department of Agriculture and Consumer Services

c. The North Carolina Department of Justice

4. Federal Food Drug and Cosmetic Act (FFDCA) (21 U.S.C. 301 et 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 the public health

b. When the substance is critical to the availability of certain desired commodities

c. When the substance is sprayed on a commodity that is normally not eaten raw

5. 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

6. The Resource 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 of the pesticide on his own farm consistent with instructions on the label

c. both of these are exemption requirements