Federal Pesticide Recordkeeping Requirements

This is not the official document, but a scanned copy provided for your convenience. It may contain errors. Please see the official document for specific legal applications.

Why are there regulations for restricted use pesticide recordkeeping for certified private applicators? The FACT Act of 1990, subtitle H, section 1491, states that the Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency (EPA), "shall require certified applicators of restricted use pesticides..... to maintain records comparable to records maintained by commercial applicators of pesticides in each State." Certified applicators include both commercial and private applicators.

EPA currently requires certified commercial applicators to keep records under regulations implementing the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is prohibited from requiring certified private applicators to maintain records. However, some individual States require certified private applicators to maintain records.

Do the regulations apply to all pesticide applications? No. The regulations only require recordkeeping for applications of federally-restricted use pesticides. Pesticides are classified as restricted use, general use, or for both uses.

Is a Federal forn required for maintaining the record(s)? No. The regulations do not require the use of a standardized form. This allows applicators the flexibility to fit the recordkeeping requirements into their current recordkeeping scheme.

What information is a certified private applicator required to maintain on a restricted use pesticide application? The recordkeeping requirements are:

1. The brand or product name, and the EPA registration number of the restricted use pesticide that was applied;
2. The total amount of the restricted use pesticide applied;
3. The location of the application, the size of area treated, and the crop, commodity, stored product, or site to which a restricted use pesticide was applied;
4. The month, day, and year when the restricted use pesticide application occurred; and
5. The name and certification number (if applicable) of the certified applicator who applied or who supervised the application of the restricted use pesticide.

How long are records required to be kept? Restricted use pesticide records must be retained by the applicator for 2 years from the date of application and made available to individuals who are authorized to have access to the record information. Certified applicators have no reporting requirements under the regulations.

Who has authorization to obtain record information from the certified applicator? Individuals representing the Secretary of Agriculture or the State designated agency, which is most commonly the State Department of Agriculture. Also the attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, is authorized access to record information when it is determined the information is needed to provide medical treatment or first aid to an individual who may have been exposed to the restricted use pesticide for which the record is maintained.

Are there any penalties for violation of the Federal pesticide recordkeeping requirements? Yes. Any certified applicator who violates the requirements shall be subject to a civil penalty of not more than $500 in the case of the first offense, and shall be subject to a civil penalty of not less than $1000 for each violation for subsequent offenses, except that the civil penalty shall be less than $1000 if the Administrator determines that the certified applicator made a good faith effort to comply.

AMENDMENTS TO THE REGULATIONS - EFFECTIVE MAY 11, 1995

1. Change in the way the location of a "spot application" is recorded.

   A"spot application" is an application(s) of a restricted use pesticide made on the same day in a total area of less than one-tenth of an acre. This provision still does not apply to records maintained for greenhouse and nursery applications.

   The regulations were amended to require a more detailed description of the location of a "spot application." Spot applications must be recorded with the following information: Brand or product name and EPA registration number; total amount applied; location must be designated as "spot application," followed by a concise description of the location (Examples: Spot application, noxious weeds were spot sprayed throughout field number 5 and 6. Spot application, sprayed for weeds next to the silo); and month, day, and year of application.

2. Shortened the time period to make a record of the restricted use pesticide application.

   The time period was reduced from 30 days to 14 days for the required information to be legibly recorded following the restricted use pesticide application. However, whether or not the written record has been completed, the certified applicator shall provide the record information for medical treatment or first aid.

3. Change in the defition of a medical emergency.

   A medical emergency is defined as a situation that requires immediate medical treatment or first aid to treat possible symptoms of pesticide poisoning or exposure.

4. Change in the deflnition of a licensed health care professional.

   A licensed health care professional is defined as a physician, nurse, emergency medical technician, or other qualified individual, licensed or certified by a State to provide medical treatment.

5. Change in accessing records to facifitate medical treatment.

   When the attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, determines that any record of the application of any restricted use pesticide required to be maintained is necessary to provide medical treatment or first aid to an individual who may have been exposed to the restricted use pesticide for which the record is or will be maintained, the certified applicator required to maintain the record shall promptly provide the record information and any available label information. If it is determined by the attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, to be a medical emergency, the record information of the restricted use pesticide, relating to the medical emergency, shall be provided immediately.

6. Change in provisions for the release of record information obtained for purposes of medical treatment.

   (1) The attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, may utilize and release the record or record information when necessary to provide medical treatment or first aid to an individual who may have been exposed to the ' restricted use pesticide for which the record is or will be maintained; (2) the attending licensed health care professional may release the record or record information to appropriate Federal or State agencies that deal with pesticide use or any health issue related to the use of pesticides when necessary to prevent further injury or illness; and (3) a licensed health care professional may release the record or record information to submit pesticide poisoning incident reports to the appropriate State or Federal agencies.

7. Clarification that the Administrator of AMS, has flexibility in assessing civil penalties.

   The amended regulations provide the Administrator of AMS, or the Administrator's designee, with flexibility in assessing civil penalties.

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   For more details, see USDA Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides