AFM Legal & Regulatory Compliance in Agriculture 2 — Questions and Answers
Question 1: Under the Clean Water Act, a Concentrated Animal Feeding Operation (CAFO) must obtain a permit when it discharges pollutants into navigable waters. Which agency issues this permit?
- USDA
- EPA (Correct answer)
- FDA
- OSHA
Correct answer: EPA
The EPA administers the National Pollutant Discharge Elimination System (NPDES) permit program under the Clean Water Act, which covers CAFO discharges.
Question 2: A farm manager discovers that migrant workers on the operation were not provided written disclosure of work terms before traveling to the job site. Which federal law has been violated?
- Fair Labor Standards Act
- Migrant and Seasonal Agricultural Worker Protection Act (Correct answer)
- Occupational Safety and Health Act
- Immigration Reform and Control Act
Correct answer: Migrant and Seasonal Agricultural Worker Protection Act
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires employers to provide written disclosure of employment terms before workers travel to the job site.
Question 3: Which federal statute regulates the application, sale, and distribution of pesticides in the United States and requires product registration with the EPA?
- Federal Food, Drug, and Cosmetic Act
- Toxic Substances Control Act
- Federal Insecticide, Fungicide, and Rodenticide Act (Correct answer)
- Resource Conservation and Recovery Act
Correct answer: Federal Insecticide, Fungicide, and Rodenticide Act
FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) is the primary federal law governing pesticide registration, sale, distribution, and use.
Question 4: A farm operator wants to drain a wetland area to expand cropland. Under Section 404 of the Clean Water Act, who must issue a permit for this activity?
- EPA alone
- Army Corps of Engineers (Correct answer)
- USDA Natural Resources Conservation Service
- State Department of Agriculture
Correct answer: Army Corps of Engineers
Section 404 of the Clean Water Act authorizes the U.S. Army Corps of Engineers to issue permits for the discharge of dredged or fill material into waters of the U.S., including wetlands.
Question 5: When must a farm employer provide a written Hazard Communication standard (HazCom) program to agricultural workers regarding chemical hazards?
- Only when more than 10 full-time employees are present
- Whenever workers may be exposed to hazardous chemicals in the workplace (Correct answer)
- Only for farms with annual revenue exceeding $500,000
- Only when pesticide-restricted-use products are applied
Correct answer: Whenever workers may be exposed to hazardous chemicals in the workplace
OSHA's Hazard Communication Standard applies whenever workers may be exposed to hazardous chemicals, requiring written programs, safety data sheets, and training.
Question 6: Under the Packers and Stockyards Act, which practice by a packer is explicitly prohibited?
- Negotiating futures contracts with grain elevators
- Engaging in unfair, deceptive, or unjustly discriminatory trade practices (Correct answer)
- Selling live animals directly to consumers
- Contracting with foreign livestock suppliers
Correct answer: Engaging in unfair, deceptive, or unjustly discriminatory trade practices
The Packers and Stockyards Act prohibits packers from engaging in unfair, deceptive, or unjustly discriminatory practices in buying livestock or selling meat products.
Question 7: A farm manager applying a restricted-use pesticide (RUP) must ensure that the applicator holds which credential?
- A USDA farm operator license
- A certified pesticide applicator license issued by the state (Correct answer)
- An EPA-issued national applicator certificate only
- A commercial driver's license with hazmat endorsement
Correct answer: A certified pesticide applicator license issued by the state
Restricted-use pesticides may only be purchased and applied by certified applicators licensed by state lead agencies under FIFRA's framework.
AFM Legal & Regulatory Compliance in Agriculture 2
Under the Clean Water Act, a Concentrated Animal Feeding Operation (CAFO) must obtain a permit when it discharges pollutants into navigable waters.
Which agency issues this permit?