[Code of Federal Regulations]

[Title 7, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR110.3]



[Page 277-278]

 

                          TITLE 7--AGRICULTURE

 

 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 

       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)

 

PART 110_RECORDKEEPING ON RESTRICTED USE PESTICIDES BY CERTIFIED 

APPLICATORS; SURVEYS AND REPORTS--Table of Contents

 

Sec. 110.3  Records, retention, and access to records.



    (a) Certified applicators of restricted use pesticides shall 

maintain records of the application of restricted use pesticides. Except 

as provided in paragraph (b) of this section, these records shall 

include the following information for each application:

    (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. The location of the application may be recorded 

using any of the following designations:



[[Page 278]]



    (i) County, range, township, and section;

    (ii) An identification system utilizing maps and/or written 

descriptions which accurately identify location;

    (iii) An identification system established by a United States 

Department of Agriculture agency which utilizes maps and numbering 

system to identify field locations; or

    (iv) The legal property description.

    (4) The month, day, and year on which 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.

    (b) Certified applicators shall maintain records of the application 

of restricted use pesticides made on the same day in a total area of 

less than one-tenth (\1/10\) of an acre. Except for applications of 

restricted use pesticides in greenhouses and nurseries, to which the 

requirements of paragraph (a) of this section apply, these records shall 

include the following information for the application:

    (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, designated as ``spot 

application,'' followed by a concise description of location and 

treatment; and

    (4) The month, day, and year on which the restricted use pesticide 

application occurred.

    (c) The information required in this section shall be recorded 

within 14 days following the pesticide application. However, whether or 

not the written record has been completed, the certified applicator 

shall provide the information to be recorded in accordance with Sec. 

110.5(a).

    (d) The records required in this section shall be retained for a 

period of 2 years from the date of the restricted use pesticide 

application and be maintained in a manner that is accessible by 

authorized representatives.

    (e) A commercial applicator shall, within 30 days of a restricted 

use pesticide application, provide a copy of records required under this 

section or under State or Federal regulations (whichever is applicable) 

under which the commercial applicator is holding certification, to the 

person for whom the restricted use pesticide was applied.

    (f) A certified applicator shall, upon oral request and presentation 

of credentials by an authorized representative, make available to the 

authorized representative the records required to be maintained under 

this section and permit the authorized representative to copy any of the 

records. The original of the records required to be maintained under 

this section shall be retained by the certified pesticide applicators.

    (g) No Federal or State agency shall release information obtained 

under this part that would directly or indirectly reveal the identity of 

producers of commodities to which restricted use pesticides have been 

applied.

    (h) Certified applicators who apply restricted use pesticides in 

States where they are required to maintain records on applications of 

restricted use pesticides, comparable to those for commercial 

applicators in that State, and such records are maintained in accordance 

with State requirements, are not subject to paragraphs (a), (b), and (c) 

of this section.



[58 FR 19022, Apr. 9, 1993, as amended at 60 FR 8123, Feb. 10, 1995]