The USDA recently rescinded a rule that required all private applicators (those who apply pesticides to their own land) to keep records of their restricted-use applications. The rescinded requirement appeared in the Code of Federal Regulations Title 7 Part 110. Under that rule, the following information was required to be recorded within 14 days of the RUP application and maintained for 2 years.
- The brand or product name, and the EPA registration number of the restricted use pesticide that was applied
- The total amount of the restricted use pesticide applied
- The location of the application (any identification system that accurately identifies the location of the application)., For spot applications, simply enter "spot application" and a short description of the location. Greenhouses and nurseries must still give complete descriptions for spot applications (e.g., which bench, row, block, plant)
- The size of area treated, and the crop, commodity, stored product, or site to which a restricted use pesticide was applied.
- The month, day, and year on which the restricted use pesticide application occurred
- The name and certification number of the certified applicator who applied or who supervised the application of the restricted use pesticide
While the rule takes effect on July 11, 2025, you should continue keeping detailed records. That is because other state and/or federal regulations remain in effect and may require you to keep similar records. Also, there is nothing wrong with keeping more detailed records than the law requires. Many applicators view their pesticide records as a good “insurance policy" against false accusations. Although it is not required in Illinois, recording (on-site) wind direction and speed during the application is a good idea and may be helpful should you find yourself in the middle of a drift complaint.
The type of information you are legally required to keep depends on your type of business and the type of pesticide you use.
Commercial Applicators
According to the Illinois Pesticide Act, all commercial applicators must maintain records of RUP applications they make. The following information must be recorded and retained for 2 years from the date of application. In addition, federal regulations require all commercial applicators to furnish a copy of either the state or federally required records to the customer within 30 days of the RUP application (Note: WPS exception below).
- Name of the chemical (pesticide)
- USEPA registration number
- Amount of chemical concentration per unit treated (e.g., pounds or ounces per acre)
- Date of application
- Use site(s)
Pesticide Dealers
According to the Illinois Pesticide Act, pesticide dealers must retain a record of each individual RUP sale for 2 years. The record must include the following information:
1. Purchaser's name, address, and certification number and type of certification if appropriate
2. Quantity and kind of pesticide sold
3. Date of sale
Worker Protection Standard Requirements
The record-keeping requirements are a bit different for applicators and producers who must comply with the Worker Protection Standard (WPS). The WPS requires “agricultural employers” to keep certain records for any covered use of a WPS labeled pesticide, either general-use or restricted-use. Additionally, the pesticide application records and hazard information must be displayed in a central location within 24 hours after the end of the application if workers or handlers are on the agricultural establishment. Records for all pesticide applications (including general-use pesticides) must remain available to employees for 2 years beyond the pesticide's restricted-entry interval (REI). WPS pesticide application records should include the following:
- Name of the pesticide applied
- Active ingredient(s)
- EPA registration number
- The pesticide's restricted-entry interval (REI)
- Crop or site treated
- Location and description of the treated area(s)
- Date(s) and times application started and ended
- Safety Data Sheet of the pesticide applied (Hazard Information)
Keep in mind, the WPS record-keeping requirements are in addition to the requirements previously listed for commercial applicators.
Label Specific Requirements
Some product labels require applicators to keep records that are more extensive. Many fumigants require the landowner and applicator to keep detailed site-specific management plans and post application summaries for 2 years after the application. Though they are no longer available or allowed to be used, the labels for dicamba formulations for over-the-top use on soybeans required 22 items to be recorded. These labels also stated that the records must be generated within 72 hours after the application.
How should you keep pesticide records?
Since there are no standard forms required for any of these records, you can use any system you like, as long as the required information is included and it is legible and accessible to those who have a legal right to see it. Many pesticide companies, personal protection equipment suppliers, and other organizations offer record-keeping sheets or notebooks. In addition, there are many options available for electronic record keeping. Again, regardless of how you keep records, be sure you meet the requirements as outlined.
For more information about any of these laws, contact the Illinois Department of Agriculture at (217)785-2427, or the University of Illinois Extension Pesticide Safety Education Program.
Photo credit: Serhii - AdobeStock
ABOUT THE AUTHOR: Travis Cleveland provides subject matter expertise and training in pesticide safety with an emphasis on plant pathology. He provides diagnostic support the U of I Plant Clinic and he coordinates the Home, Yard and Garden Pest Newsletter.