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Updated Pesticide Regulations

Posted: March 9, 2011

Dave Scott, Pennsylvania Department of Agriculture For the first time since 2001, the Pennsylvania regulations governing pesticide registration, distribution and use are changing. Many changes are designed to increase the security surrounding Restricted Use Pesticides (RUP), standardize the regulations with existing state and federal laws and regulations and clarify the meaning of previous regulations. However, the majority of changes will not affect currently certified private applicators.

The biggest change for private applicators will require your Pesticide Dealer to verify your identity along with your certification status when making a purchase, and require identification and a signature when delivering any RUP. When making a RUP delivery, the Dealer will be able to accept the signature of any adult involved with your operation present at the time of delivery. 

The record keeping requirements no longer include the need for you to document the formulation of the product you are applying, but now clarify that the records must be completed within 24 hours of the application.
 
Here is a brief overview of the regulation changes that will affect manufacturers, pesticide dealers and commercial and public applicators, and some additional items for private applicators.
•    Establishing competency requirements for Pesticide Dealer Managers (certification) as part of Pesticide Dealer Manager licensing requirements.
•    Setting fees for a Pesticide Dealer Manager.
•    Requiring each pesticide dealer location to have a Pesticide Dealer Manager.
•    Requiring photo identification (or two non-photo ID’s) for Restricted Use Pesticide purchase and delivery, certification testing, technician registration or licensing.
•    Setting a minimum age of 18 for dealer manager, certified commercial and public applicators, and 16 for technicians and private applicators.
•    Increasing insurance deductible to $2,500.
•    Requiring the return voided state-issued pesticide credentials upon employee termination.
•    Establishing Certification category for Sewer Root Control.
•    Combining Certification categories for Right-of-Way and Industrial Weeds.
•    Exempting of therapeutic and single-family residential swimming pools from certification requirements.
•    Setting a time limit of 24 hours for completing required records.
•    Authorizing state inspection of pesticide production records.
•    Requiring state registration of U.S. EPA “Approved” pesticides prior to sale.
•    Expanding means of notification to include electronic media.
•    Requiring 3 years of experience for applicator recertification trainers.
•    Establishing penalties for falsification of recertification information.
•    Reducing the publication of the Hypersensitivity Registry from 4 to 2 times per year.
•    Expanding the requirements for pesticides applied on school property.
•    Requiring any person to provide the Department information on pesticides upon request or in a medical emergency.
•    Clarifying state ability to enforce all provisions of Federal Worker Protection Standard 40 CFR Part 170 and Container Containment rule 40 CFR parts 156 and 165.
•    Setting the pesticide product registration fee at $250 per product.
 
     After the regulations changes are published as “final” in the Pennsylvania Bulletin, the Bureau will be conducting further outreach to keep you informed of changes that may affect your business.