USDA Restricted Use Pesticide Recordkeeping Inspections

1. USDA Restricted Use Pesticide Recordkeeping Inspections Private Pesticide Applicator Training

2. 1990 Farm Bill Requirement • 1990 Farm Bill • Mandated the Secretary of Agriculture to require Certified Private Applicators to maintain records regarding the use of federally Restricted Use Pesticides (RUPs).

3. Private Applicator Record Checks • MDA is the designated lead agency to conduct private applicator record checks, while USDA is the lead agency for enforcement response. • Approximately 140 private applicator inspections are conducted annually in Minnesota. • Selected Certified Private Applicators are notified by letter in January of the upcoming inspection.

4. Private Applicator Record Checks • Certified Private Applicator receives a letter stating MDA will set up an appointment to review • Restricted Use Pesticide records from the last two (2) years. • Inspection is conducted at a mutually agreed upon location and time • Usually at the farm • About an hour long

5. Required Records • Pesticide’s brand or product name • EPA Registration number • Total amount applied • Size of the treated area • Application Site • Location of Application • Date of Application • Applicator’s name • Applicators certification number

6. Required Records • If records are incomplete • MDA’s Inspectors will provide Compliance Assistance • Assist completing records • Educate to ensure future records are complete and accurate. • All inspection documents are forwarded by MDA to the USDA office • USDA reviews the inspections for compliance and/or enforcement response.

7. Follow-up Inspection • USDA may determine an additional inspection is needed • Private applicator will be notified. • A letter is sent stating • Inspection determined RUP application records were not accurately maintained for the required 2 years and • Follow-up Inspection will be conducted within a year of the original inspection. • MDA conducts follow-up inspections.

8. Follow-up Inspection • After the follow-up inspection • the file is reviewed and the type of enforcement response is determined. • When violations are found, enforcement action varies from a warning letter to civil penalty. • If fined: • First Offense ≤ $650.00 • Subsequent Offenses: ≥ $1,100.00 for each violation. • If the USDA determines that the Certified Private Applicator has made a good-faith effort to comply, USDA can reduce the penalty.

9. Private Applicator Record Checks Summary • Selected Certified Private Applicators receive inspection letters from USDA in January. • MDA arranges meeting with Private Applicator to review RUP records. • MDA sends inspection documentation to USDA • USDA determines if additional inspection is needed.