USDA Pesticide Record-Keeping Requirements for Certified Private Applicators of Federally Restricted-Use Pesticides

Fred Fishel
Coordinator of Pesticide Programs

Joe Francka
Missouri Department of Agriculture

As of May 10, 1993, certified private pesticide applicators must maintain record(s) of federally restricted-use pesticide applications. The record(s) must be maintained for two years following the pesticide application.

In addition, effective May 11, 1995, the record information must have been recorded no later than 14 days following the pesticide application, instead of the previously allowed 30 days.

What the records must contain

• The certified applicator's name and certification number
  If the application was made by someone who is not certified, then record the name and number of the certified applicator who supervised the application.
• The month, day and year of the application
• The crop, commodity or site to which the pesticide was applied
  This section of the record also includes stored products, such as grain held in bins. Refer to the pesticide label for guidance to record this information.
• The brand or product name of the federally restricted use pesticide and the product's EPA registration number
  The brand or product name and EPA registration number for many restricted use pesticides registered in Missouri are included in this publication. If you use a restricted use pesticide that is not listed, add the product name and registration number to the table for future use.
• The total amount applied
  Record the total quantity of the product used — not the quantity after water or other substances were added. Amount does not refer to percent of active ingredient. Use the pesticide label for reference and record the amount in similar language. For example, if the label states the pesticide is to be measured in pints or ounces, then record the amount in that measurement.
• The size of the area treated
  This information should be recorded in the unit of measure (such as acre, linear feet, bushel, cubic feet, number of animals, etc.), which is normally expressed on the label in reference to the application being made. For example, if an 80-acre grove is treated using the alternate middle approach, the entire 80 acres would be recorded as the "size of area treated."
• The location of the application
  Record the location of the application, not the address of the farm or business. Your goal is to be able to identify the exact area of the application two years later if requested. The law allows any of the following designations:
  • ID system using maps and/or written description;
  • county, range, township, and section (although not required, subsection is acceptable);
  • a USDA identification system, which involves maps and a numbering system to identify field locations;
  • the legal property description.

How to record spot treatments

Spot treatments are especially useful in the control of noxious weeds. If you apply restricted use pesticides on the same day in a total area of less than 1/10 acre, you are required to record the following:

• Brand or product name, EPA registration number;
• Total amount applied;
• Location of treatment designated as "spot application," followed by a description (e.g., the location could be recorded as "spot application," followed by "treated for noxious weeds on Field A, C and all pastures");
• Month, day and year of the application.

This provision excludes greenhouse and nursery applicators, who are required to keep all elements as listed.

There is no required federal form to maintain your records; however, the form included in this publication meets all requirements and may be reproduced and used to meet compliance of the regulation.

Access to the record information is limited to

• USDA-authorized representatives who present identification;
• State-authorized representatives who present identification;
• Attending licensed health care professionals, or those acting under their direction, when treating individuals who may have been exposed to restricted use pesticides.

Commercial applicator requirements

All commercial applicators will continue to maintain the records they currently keep under Missouri or Federal regulations. The new Federal pesticide record-keeping regulations require all commercial applicators both agricultural and non-agricultural to furnish a copy of the application record to the customer within 30 days of the restricted use pesticide application.

Civil penalties

A certified applicator who violates any provision of the regulations will:

• For the first offense, be subject to a fine of not more than $500;
• For subsequent offenses, be subject to a fine of not less than $1,000 for each violation. The penalty shall be less than $1,000 if the Administrator of USDA Agricultural Marketing Service, or his or her designee, determines that the certified applicator made a good faith effort to comply.

Benefits of pesticide record keeping

USDA's National Agricultural Statistics Service (NASS) is currently conducting surveys on pesticide use for agricultural production. The information gathered from these surveys is used to maintain a data base on the utilization of pesticides by agriculture. This information is used to provide annual reports to Congress, and can be valuable in policy discussions involving pesticide use.

The brand or product name and EPA registration number for most restricted use agricultural pesticides registered in Missouri are listed in the following tables. If you use a restricted use pesticide that is not listed, add the brand or product name and registration number to the table. This information is obtained from the pesticide label.

Table 1
Restricted-use herbicides

Table 2
Restricted use insecticides/nematicides

Restricted-use pesticide record keeping form

*Notes are optional and could include information such as product formulation and concentration, wind speed and direction, weather, crop status, pest development stage and population density, soil type, equipment used, nozzle type, gallons per acre, application pressure, etc.

MP692, new September 1996