2.4 Record-Keeping Requirements

Record-Keeping Requirements

Quick Answer: Michigan's record rule for commercial applicators is R 285.636.15, under Regulation 636. It requires verifiable records of restricted-use applications for not less than 3 years and verifiable records of general-use applications for not less than 1 year, each showing seven specific elements. The employer of the commercial applicator must keep the record at the place of business and produce it to MDARD on request during normal business hours. Federally certified private applicators keep restricted-use records under a separate federal rule, 7 CFR Part 110 — recorded within 14 days and kept 2 years.

Why Record-Keeping Matters

Record-keeping is a high-yield exam topic because it sits at the intersection of FIFRA, Part 83, and the Worker Protection Standard. Records are the primary evidence that an applicator applied a pesticide legally. If MDARD inspects an operation and required records are missing, the applicator has a Part 83 violation on top of any underlying misuse. Records also protect the applicator: if a neighbor complains about drift or a worker reports an exposure, the applicator's records are the best evidence that the application was made according to the label.

Required Record Elements for RUP Applications

R 285.636.15 lists exactly seven elements, and the same seven apply to both restricted-use and general-use commercial records. Memorize them as a set — exam items are often built by removing one:

Two things surprise candidates here. First, Michigan's list includes concentration and amount of end-use dilution — data points many applicators skip because they only log the product rate. Second, the Michigan rule does not require the applicator's name and certification number, the time of day, or the weather. Those are excellent practice, several are required by other rules (the WPS application list, the label's drift language, a customer service agreement), and MDARD inspectors routinely ask about them during a drift investigation — but they are not the seven elements that R 285.636.15 makes mandatory. Answer exam items about the Michigan record rule from the seven-element list.

A note on the EPA registration number: the brand name alone is not enough, because the same brand name can be sold in multiple formulations with different EPA registration numbers. The EPA registration number is the unique identifier for the specific registered product. Always record the EPA registration number, not just the brand name.

Retention Period — Federal and Michigan

Michigan sets two different retention periods, and the split is a classic exam item:

The duty to keep the record belongs to the employer of the commercial applicator, who must maintain it at the place of business and produce it on request to an authorized representative of the MDARD director during normal business hours. A technician who logs an application on a phone app that only the technician can reach has not satisfied the rule — the business must hold the record.

Federally certified private applicators are covered by a different rule. 7 CFR Part 110, administered by USDA, requires a private applicator to record each restricted-use application within 14 days and to retain the record for 2 years. Note the trap: 3 years is the Michigan commercial number, 2 years is the federal private number, and 1 year is the Michigan commercial general-use number. Three different periods, three different rules.

General-Use vs. Restricted-Use Records

A common exam point is the difference between RUP and general-use record requirements:

• Restricted-use pesticides — Michigan commercial record, 3 years. Federally certified private applicators additionally fall under 7 CFR Part 110.
• General-use pesticides — There is no federal record requirement, but Michigan does require a record for commercial general-use applications, with the same seven elements, kept for at least 1 year.

That second line is the one applicators get wrong most often. In many states general-use application records are purely voluntary; in Michigan they are mandatory for commercial applicators. A lawn-care company that treats a residential account with a general-use herbicide and keeps no record has violated R 285.636.15(2) even though no restricted-use product was involved.

Because the general-use retention is only 1 year and the restricted-use retention is 3, many commercial firms simply keep everything for 3 years. That is the safe operating rule: one retention policy, set at the longer of the two.

Worker Protection Standard (WPS) Posting

The federal Worker Protection Standard (WPS) adds separate posting and notification requirements for agricultural pesticide applications — that is, applications on farms, forests, nurseries, and greenhouses. The WPS is covered in detail in Chapter 5 (Safety). For this section, the key point is that WPS posting is separate from record-keeping:

• Record-keeping (this section) is the requirement to write down and retain the application information.
• WPS posting (Chapter 5) is the requirement to display application information at a central location on the agricultural establishment so workers can see what was applied, where, and when it is safe to re-enter.

The two requirements overlap in content — both involve the product, the application time, and the restricted-entry interval — but they are distinct legal requirements with distinct enforcement. An applicator can comply with the record-keeping rule and still violate the WPS by failing to post at the central location, and vice versa.

Records MDARD May Inspect

When MDARD inspects an applicator's operation (see Section 2.3), the inspector may ask for:

• RUP application records for the retention period (federal two-year minimum or longer if Michigan rule requires).
• Equipment calibration and maintenance records — especially for application equipment that affects rate accuracy.
• Storage records — including inventory and any required security records.
• Training and supervision records — for applicators who supervise non-certified persons applying pesticides under their direct supervision.

Failing to produce required records during an inspection is a separate Part 83 violation on top of any underlying pesticide misuse. This is one of the easiest violations to avoid — keep the records, and keep them where they can be produced promptly.

Exam Scenarios

Typical record-keeping exam scenarios:

• An applicator records the brand name but not the EPA registration number — incomplete record. The EPA registration number is required because the brand name alone does not uniquely identify the registered product.
• An applicator applies an RUP and discards the records after one year — violation, because the federal minimum retention is two years (or longer if Michigan rule requires).
• An applicator applies a general-use pesticide and assumes no records are ever required — incorrect if Michigan rule requires records for that use site; correct only where no Michigan record requirement applies.
• An applicator keeps RUP records but fails to post application information at the central location under the WPS — separate WPS violation even though the records themselves are complete.

Practical Takeaways for the Exam and the Field

• Record the EPA registration number, not just the brand name, for every RUP application.
• Treat the federal two-year minimum as the floor, not the ceiling — Michigan may require more.
• Keep records of general-use applications too, even when not legally required, as a business practice.
• Remember that WPS posting is separate from record-keeping — both must be done for agricultural applications.
• Be able to produce records quickly during a MDARD inspection; failure to produce records is a separate violation.