2.3 Restricted-Use Pesticides and RUP Regulations

What Makes a Pesticide "Restricted-Use"

A Restricted-Use Pesticide (RUP) is a pesticide product that EPA has determined may cause unreasonable adverse effects on humans or the environment even when used according to label directions, unless further controls are applied. The RUP designation is made by EPA and appears prominently on the front panel of the product label with the statement "Restricted Use Pesticide." A product classified as RUP at the federal level is RUP in every state, including Iowa. IDALS may impose additional state-level restrictions on a product, but it cannot reclassify a federal RUP as a general-use product.

Iowa also recognizes state-limited-use pesticides in some contexts, but the exam's RUP questions focus on the federal RUP designation and how Iowa operationalizes it.

Who May Purchase and Use RUPs

The core RUP rule is simple and frequently tested:

• A certified applicator may purchase and use an RUP within their certified categories.
• A noncertified applicator may apply an RUP only while under the direct supervision of a certified applicator who is certified in the relevant category.
• A person who is not certified and not under direct supervision may not purchase or use an RUP.

Dealers are required to verify the buyer's certification before selling an RUP. Selling an RUP to an uncertified person who is not under supervision is a violation for the dealer as well as the buyer.

RUP vs. General-Use Pesticides

Minimum Age of 18

Iowa sets a uniform minimum age of 18 for anyone applying an RUP. This applies to commercial, noncommercial, public, and private applicators, and critically, it also applies to noncertified applicators applying RUPs under supervision (IAC 21—45.22(7)). Iowa does not adopt the federal exception that would allow a 16-year-old immediate-family member to apply an RUP under a private applicator's supervision. The exam answer is: any person applying an RUP in Iowa must be at least 18.

Direct Supervision Defined

The supervision standard is narrower in Iowa than the generic federal concept. Iowa Code §206.5(3) defines "under the direct supervision of" to mean the application is made by a competent person acting under the instructions and control of a certified applicator who is physically present, within sight or hearing distance of the supervised person.

This is stricter than merely being available by phone or being on the same property. A certified applicator who leaves the jobsite while a noncertified employee continues an RUP application is no longer providing direct supervision, and the application becomes unlawful.

Scenario

A certified category 7A applicator supervises a new technician treating a residence for cockroaches with an RUP product. The certified applicator must remain within sight or hearing distance of the technician for the entire application. If the certified applicator walks to the truck to take a phone call and is out of hearing distance, the technician is no longer under direct supervision, and the RUP application is unlawful. The certified applicator remains responsible for the actions of the supervised person.

Storage and Container Rules

RUPs must be stored in a secure location that prevents access by unauthorized persons, children, and livestock. Key storage rules:

• Keep products in their original labeled containers; do not transfer to unmarked containers.
• Never transfer pesticides to food or beverage containers, even temporarily. This is a leading cause of accidental poisoning and is a criminal offense in many cases.
• Store in a locked, ventilated area separate from food, feed, and seed.
• Maintain an inventory and the labels and Safety Data Sheets (SDS) for stored products.
• Check containers periodically for leaks, corrosion, or damage.

RUP Record-Keeping

RUP applications trigger record-keeping duties. Commercial applicators must keep records under Iowa Code §206.15 and IAC 21—45.26 (covered in detail in Section 2.4). Private applicators must keep federal RUP application records under 40 CFR 171. Both duties are independent: an applicator who fails to keep RUP records violates the law even if the application itself was label-compliant.

Label Is the Law

A recurring exam theme is that the label is the law. Use of any pesticide in a manner inconsistent with its label directions is a violation of FIFRA and Iowa law. The label specifies the sites, crops, target pests, application rates, re-entry intervals, personal protective equipment (PPE), and any restricted-use status. An applicator who applies a product to a site not listed on the label, or at a rate higher than the label allows, is violating the law regardless of certification status.