Restricted-use Pesticide Recordkeeping Rules for Certified Private

Document Sample
Restricted-use Pesticide Recordkeeping Rules for Certified Private Powered By Docstoc
					               Restricted-use Pesticide Recordkeeping
               Rules for Certified Private Applicators
The Federal Pesticide Recordkeeping       • The crop, commodity, stored             • county, range, township, and
Program was authorized by the Food,       product, or site to which the             section;
Agriculture, Conservation, and            pesticide was applied.
Trade Act of 1990, commonly                                                         • an identification system using
referred to as the 1990 Farm Bill.1       • The month, day, and year on             maps and/or written descriptions
These rules apply to both certified       which the restricted-use pesticide        that accurately identify the location;
private and commercial applicators.       application occurred.
The Iowa Pesticide Act already                                                      • an identification system
requires commercial applicators to        • The name and certification number       established by a USDA agency, such
keep records of all pesticide             of the certified applicator who           as the Farm Service Agency (FSA) or
applications for 3 years. The new         applied the restricted-use pesticide.     the Natural Resources Conservation
rules for private pesticide applicators                                             Service (NRCS), that uses maps and
require records for all restricted use    The following frequently asked            a numbering system to identify field
be kept for 2 years.                      questions and their answers may           locations; or
                                          help you understand the
The federal regulations require           recordkeeping regulations.                • the legal property description.
private pesticide applicators to
record the following information          What do I include in the total            What can I record as the
within 14 days2 of the restricted-use     amount of the restricted-use              size of area treated?
pesticide application:                    pesticide applied?                        Match the terms used in the
                                          Record the total quantity of pesticide    directions for use section of the
• The brand or product name and           product used, listing each restricted-    product label. For example, use
the Environmental Protection              use pesticide separately. Do not          acres for field crops, linear feet for
Agency (EPA) registration number          record the percentage of active           fencerows and rights of way, square
of the restricted-use pesticide that      ingredient or the amount of water         feet for greenhouses and nurseries,
was applied. Note: The registration       used as a carrying agent.                 or whatever designation was used on
number is not the same as the EPA                                                   the label of the product you used.
Establishment Number, which is also       How should I record the location          For livestock and poultry records,
on the label.                             of the pesticide application?             enter the number of animals treated.
                                          Record the actual location where the
• The total amount of the restricted-     application of restricted-use pesticide
use pesticide applied.                    was made. The United States
                                          Department of Agriculture (USDA)          1
                                                                                     Officially known as section 1491 of the
• The location of the application.        allows several options for recording
                                                                                    Food, Agriculture, Conservation, and
                                          the field “location,” including the       Trade (FACT) Act of 1990.
• The size of the area treated.           following:                                2
                                                                                     However, whether or not the written record
                                                                                    has been completed, the certified applicator
                                                                                    shall provide the record information for
                                                                                    medical treatment or first aid.

                                                                                            PAT 11 Revised September 2000
How do I record spot                      How long must I keep restricted-         pesticide. By law, the commercial
applications?                             use pesticide records?                   applicator must provide these
If you apply restricted-use pesticides    Records of restricted-use pesticide      records to the client within 30 days
in a total area of less than 1/10 of an   applications by private applicators      of the restricted-use pesticide
acre on the same day, you must            must be retained for 2 years from        application. Commercial pesticide
record the brand or product name,         the date of application. The Iowa        applicators can choose to provide
EPA registration number, total            Pesticide Act requires commercial        either a copy of the application
amount applied, the location of           applicators to keep restricted-use       records required for the Iowa
treatment designated as spot              pesticide records for 3 years.           Pesticide Act or the records required
application, description of the area                                               under the 1990 Farm Bill.
treated, and the month, day, and          Does the regulation for private
year of the application. Your record      applicators apply to all pesticide       Is a federal form required to
also must include a concise               applications?                            maintain the record(s)?
description of location of treatment.     No. The regulations only require         No. Applicators may fit the record-
For example, if you applied a             recordkeeping for applications of        keeping requirements into their
herbicide for noxious weed control,       federally restricted-use pesticides.     current recordkeeping scheme. An
you could record the location of                                                   example of a form that may be used
treatment as a spot application,          What is the difference between a         for recordkeeping is an insert to this
followed by an explanation such as        certified commercial applicator          publication. Request PAT 11A or
“treated Canada thistle throughout        and a certified private applicator?      visit the ISU Extension website at
field number 8.” This provision           Certified private pesticide     to print
excludes greenhouse and nursery           applicators are persons, or their        out copies.
applicators, who are required to          employees, who are certified by the
keep their records as described on        state to apply restricted-use            Which federal and/or state
page 1.                                   pesticides in the production of an       agencies can request my
                                          agricultural commodity on property       restricted-use pesticide records?
What is meant by crop,                    owned or rented by the applicator or     Under the Federal Insecticide,
commodity, stored product, or             the applicator’s employer. In            Fungicide, and Rodenticide Act
site to which a restricted-use            addition, individuals who apply a        (FIFRA) and the Iowa Pesticide Act,
pesticide was applied?                    restricted-use pesticide without         the Iowa Department of Agriculture
This includes general references          compensation, other than trading         and Land Stewardship has access to
such as corn, soybean, or alfalfa, not    personal services between producers      all commercial pesticide applicator
specific scientific or variety names.     of agricultural commodities, on the      records for 3 years after the date of
Commodity also includes stored            property of another person are           application. Under the 1990 Farm
products such as grain, apples, or        considered private pesticide             Bill, private pesticide applicators are
other agricultural products to which      applicators. Certified commercial        required to provide access to their
a restricted-use pesticide may be         pesticide applicators are certified to   restricted-use pesticide records to
applied, whereas site includes            apply general or restricted-use          authorized representatives of the
fencerow, livestock, and poultry.         pesticides on the property of another    USDA and the Iowa Department of
                                          person for compensation.                 Agriculture and Land Stewardship.
When do I have to record
the restricted-use pesticide              How does the law affect certified        Who else has access to my
application information?                  commercial applicators?                  restricted-use pesticide records?
You must record the required              Commercial pesticide applicators are     Licensed health care professionals,
information within 14 days follow-        required to provide a copy of the        or those acting under their direction,
ing the pesticide application.            required records to individuals who      may access your records when
                                          hire them to apply a restricted-use      treating individuals who may have

been exposed to restricted-use                   information, maintained in a data                Are there any penalties for
pesticides. A licensed health care               base on agricultural pesticide                   violation of the federal pesticide
professional is defined as a                     use, provides annual reports to                  recordkeeping requirements?
physician, nurse, emergency medical              Congress, which can be valuable                  Yes. A certified pesticide applicator
technician, or other qualified                   in policy discussions involving                  who violates any provision of the act
individual, licensed or certified                pesticide use.                                   will be subject to a fine of not more
by the state to provide medical                                                                   than $550 for the first violation. For
treatment.                                       Who is responsible for surveying                 subsequent violations, the penalties
                                                 the nonagricultural uses of                      will be not less than $1,100 for each
Will the records be surveyed?                    restricted-use pesticides?                       violation, unless the administrator of
USDA’s National Agricultural                     EPA surveys commercial pesticide                 the USDA Agricultural Marketing
Statistics Service (NASS) conducts               applicators who apply restricted-use             Service, or his or her designee,
surveys on pesticide use for agri-               pesticides to nonagricultural sites              determines that the certified
cultural production. The survey                  such as turf and roadsides.                      applicator made a good faith effort
                                                                                                  to comply.

Recordkeeping Pocket Guide Available
Iowa State University Extension has              numbers for commonly used                        such as fertilizer use, manure
developed a recordkeeping pocket                 restricted-use pesticides. The                   applications, and variety planted.
guide to help farmers comply with                pesticide applicator’s name and                  Not all of this general information is
the restricted-use pesticide rules.              certification number, and the total              required under law, but producers
The pocket guide is an effective tool            amount of pesticide applied per field            should find the records useful.
for farmers to use to be in                      should be recorded in the tables                 Pocket guides are available
compliance. It includes space for                provided in the pocket guide.                    at county extension offices. Ask for
each of the items to be recorded on a                                                             ICM 1, Field Records for Integrated
field-by-field basis and contains a              In addition, the pocket guide has                Crop Management, Restricted-Use
directory of EPA registration                    space to enter general field records,            Pesticide Applications and Manure

Prepared by Joyce Hornstein and Rich Pope, extension program specialists, and edited by Julie Todd, extension program specialist,
Department of Entomology.

This project has been funded by the Iowa Department of Agriculture and Land Stewardship through a grant
from the U.S. Department of Agriculture.

File: Pest Management 1                                                                                                                                  11/01

. . . and justice for all                                                                 Issued in furtherance of Cooperative Extension work, Acts of May 8 and June
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its             30, 1914, in cooperation with the U.S. Department of Agriculture. Stanley R.
programs and activities on the basis of race, color, national origin, gender,             Johnson, director, Cooperative Extension Service, Iowa State University of
religion, age, disability, political beliefs, sexual orientation, and marital or family   Science and Technology, Ames, Iowa.
status. (Not all prohibited bases apply to all programs.) Many materials can be
made available in alternative formats for ADA clients. To file a complaint of
discrimination, write USDA, Office of Civil Rights, Room 326-W, Whitten
Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or
call 202-720-5964.