1.3 Restricted-Use vs. General-Use Pesticides
Key Takeaways
- A restricted-use pesticide may be purchased and applied only by a certified applicator, or by a person under their supervision, for uses covered by that certification.
- Every RUP label carries a bold Restricted Use Pesticide box at the top of the front panel stating the reason for the classification.
- Under OAR 603-057-0200 and -0205 Oregon classifies additional active ingredients as restricted-use beyond the federal list.
- All products containing any amount of chlorpyrifos are restricted-use in Oregon, and phenoxy hormone-type herbicides are restricted-use when distributed east of the Cascade crest.
- Pesticide Apprentices and Immediately Supervised Trainees are licensed but not certified, and therefore may not purchase restricted-use pesticides.
Restricted-Use vs. General-Use Pesticides
Why this matters: Restricted-use classification is the reason certification exists. This section covers the federal criteria that put a product in the RUP box, the extra active ingredients Oregon restricts on its own authority, and exactly who may buy, apply and advise on an RUP in this state.
1. General Use vs. Restricted Use Pesticides (RUP)
Under FIFRA Section 3(d), the EPA classifies every registered pesticide formulation as either General Use (unclassified) or Restricted Use Pesticides (RUP).
┌────────────────────────────────────────────────────────────────────────┐
│ RESTRICTED USE PESTICIDE (RUP) CRITERIA │
│ │
│ A pesticide is classified as an RUP if it meets ANY of the following: │
│ │
│ 1. ACUTE HUMAN TOXICITY: │
│ • Oral LD50 ≤ 50 mg/kg (highly toxic Category I) │
│ • Dermal LD50 ≤ 200 mg/kg │
│ • Inhalation LC50 ≤ 0.05 mg/L (gases/vapors) or ≤ 0.2 mg/L (dusts) │
│ • Corrosive irreversible eye damage or severe skin necrosis │
│ │
│ 2. CHRONIC HEALTH & ONCOGENIC RISKS: │
│ • Demonstrated oncogenicity, mutagenicity, or teratogenicity │
│ • Endocrine disruption or reproductive impairment │
│ │
│ 3. ENVIRONMENTAL & GROUNDWATER HAZARDS: │
│ • High leaching potential into aquifers (Goring leaching index) │
│ • Extreme toxicity to aquatic organisms, pollinators, or birds │
│ • Bioaccumulation in food chains or environmental persistence │
└────────────────────────────────────────────────────────────────────────┘
Mandatory RUP Box on Product Labeling
All Restricted Use Pesticides must prominently display a bold, standardized Restricted Use Product Box at the very top of the front label panel. This statement reads:
"RESTRICTED USE PESTICIDE"
"Due to acute toxicity, groundwater contamination concerns, or toxicity to non-target organisms. For retail sale to and use only by Certified Applicators or persons under their direct supervision and only for those uses covered by the Certified Applicator's certification."
Legal Impact of RUP Classification
- Purchase Restriction: Only a certified applicator holding an active, valid state license (or a designated authorized representative) may purchase an RUP from a licensed pesticide dealer.
- Application Restriction: RUPs may only be applied by a certified applicator or a trained individual operating under the direct, documented supervision of a certified applicator.
- Sales Recordkeeping: Pesticide dealers must verify licensing credentials prior to transaction completion and retain detailed sales logs for federal and state auditing.
2. Oregon's Own Restricted-Use List
Federal classification is only half the picture. Under OAR 603-057-0200 (Limitations on Restricted Use Pesticides) and OAR 603-057-0205 (Listing of Restricted Use Pesticides), ODA classifies additional active ingredients as restricted-use in Oregon beyond the federal list. Two examples the exam can reach:
- All products containing any amount of chlorpyrifos are restricted-use in Oregon (OAR 603-057-0545) — a state classification with no federal equivalent.
- All formulations of phenoxy hormone-type herbicides — 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop) and dicamba — are restricted-use when distributed in counties east of the crest of the Cascade Mountains, protecting the specialty crops of the Columbia Basin and eastern Oregon from herbicide injury.
- Several herbicides are restricted in Oregon specifically for groundwater reasons (for example bromacil, diuron, hexazinone, metribuzin, metolachlor, picloram, prometon, simazine, tebuthiuron), and clopyralid carries a restriction tied to disposal of treated grass clippings.
Practical consequence: a product you may buy off the shelf in another state can be an RUP the moment it crosses into Oregon — and buying it without a licence, or applying it outside your licensed categories, are separate prohibited acts under ORS 634.372(8) and (13). Always check the Oregon classification, not just the front panel of the label.
3. Who May Buy and Who May Apply
| Activity | Who may do it in Oregon |
|---|---|
| Purchase an RUP | A certified applicator holding a current licence, or a person they designate to pick it up. The dealer must record the purchaser's name, address and licence number and keep it 3 years |
| Apply an RUP on another's property for hire | A licensed Commercial (or Public, in government work) Pesticide Applicator, in the right category, employed by a licensed Operator |
| Apply an RUP on your own or leased agricultural land | A certified Private Pesticide Applicator |
| Apply an RUP under supervision | A Pesticide Apprentice or Immediately Supervised Trainee — who may not purchase RUPs — within the supervisor's categories |
| Advise others on RUPs | A licensed Pesticide Consultant, or a Commercial/Public Applicator within their own licensed categories |
[!NOTE] Paraquat is its own case. Certain pesticides, paraquat among them, may be applied only by certified and licensed applicators — there is no "under supervision by an uncertified handler" route. EPA additionally requires paraquat-specific training for certified applicators, renewed on EPA's published cycle, before mixing, loading or applying any paraquat product.
Which statement correctly describes restricted-use pesticide classification in Oregon?
A licensed Commercial Pesticide Applicator sends an unlicensed shop employee to a dealer to pick up a restricted-use insecticide the applicator has already purchased. Is this permitted, and whose name goes on the dealer's record?
Under Oregon law, which individual may NOT purchase a restricted-use pesticide?