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Private Applicator Recordkeeping Requirements

The Food, Agriculture, Conservation, and Trade (FACT) Act, also known as the 1990 Farm Bill, requires certified private pesticide applicators to record applications of restricted-use pesticides (RUPs). Each RUP application made by a private applicator must be recorded within 14 days and records must be maintained for 2 years.

 

The Food, Agriculture, Conservation, and Trade (FACT) Act, also known as the 1990 Farm Bill, requires certified private pesticide applicators to record applications of restricted-use pesticides (RUPs). Each RUP application made by a private applicator must be recorded within 14 days and records must be maintained for 2 years.

 

The nine elements required by the FACT Act are:

  1. Brand or product name.
  2. EPA registration number.
  3. Total amount of product used.
  4. Month, day, and year of application.
  5. Location of treated area.
  6. Crop, commodity, stored product, or site to which the restricted-use pesticide was applied.
  7. Size of area treated.
  8. The name of the certified private applicator who applied or supervised the application of the restricted-use pesticide.
  9. The certification number of the certified private applicator who applied or supervised the application of the restricted-use pesticide.

 

Records of spot applications may require less information. A spot application is a treatment of an area totaling less than one-tenth of an acre made on the same day. For spot applications, record these 5 elements:

  1. Brand or product name.
  2. EPA registration number.
  3. Total amount of product used.
  4. Month, day, and year of application.
  5. Location of treated area, designated as "spot application" with a short description of the site.

 

You should also make a note of the name and certification number of the certified private applicator who applied or supervised the application of the RUP spot treatment, although it is not federally required.

 

(Note: Nursery and greenhouse RUP applications DO NOT qualify as spot treatments. Greenhouse and nursery application records must contain all nine elements.)


Certified applicators are required to make records available, upon request, to any Federal or State agency that deals with pesticide use or health and environmental issues related to the use of RUPs. In addition, licensed healthcare professionals may require access to records in the event of pesticide exposure.

 

A certified private applicator who applies a RUP is responsible for making and maintaining the application records required by the FACT Act. However, if a grower hires a commercial applicator to apply an RUP, the commercial applicator is responsible for making and maintaining the application records required by the FACT Act.

 

The FACT Act requires commercial applicators to provide a copy of a restricted-use pesticide application record to the person for whom the application was made within 30 days of the application. However, if a private applicator has employees, he/she should obtain the record information prior to any for-hire application - RUP or not - to ensure that he/she is in compliance with WPS posting and notification requirements.

 

The Federal Worker Protection Standard (WPS) involves recordkeeping for growers who employ farm workers or pesticide handlers. WPS requires growers to make, maintain, and post pesticide application records as well as safety information in a central location. WPS application records must be kept for every pesticide used on the farm, not just for those that are restricted use, regardless of who applied the pesticide.

 

The six elements required by the WPS are:

  1. Brand or product name.
  2. EPA registration number.
  3. Active ingredient(s) in the product used.
  4. Location of treated area.
  5. Time and date the application is scheduled.
  6. Restricted-entry interval for the pesticide (duration and expiration).

 

WPS application records are part of a broader requirement to provide safety information for agricultural employees at a central location. This includes pesticide use information (in the form of an up-to-date application list), emergency information, and an EPA-approved pesticide safety poster.


For Additional Information

For more information on Federal Recordkeeping Requirements, visit http://www.ams.usda.gov/AMSv1.0/PesticideRecordkeepingProgram

 

For more information on the WPS, visit http://www.epa.gov/pesticides/health/worker.htm

 

You will find more information about WPS in Unit 7 of the Virginia Core Manual, Applying Pesticides Correctly, in the "Know the Law" section. Detailed information about WPS may be found in EPA's manual, The Worker Protection Standard for Agricultural Pesticides -- How to Comply.


Please keep in touch with your local Extension agent for the latest information on recordkeeping. Your agent will also know about WPS and other pesticide laws and regulations affecting agricultural producers.

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