4.2 Dealer, Private-Applicator, WPS & School Records

Dealer, Private-Applicator, WPS & School Records

Why this is on the exam: Oregon layers four different record systems on top of one another, each with its own list, its own deadline and its own retention period. The Addendum's Chapter 3 review questions ask you to separate them — "How long must a Pesticide Dealer keep sales records?", "Under USDA regulations, a Private Pesticide Applicator has how many days to record information about an RUP application?"

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1. The Four Systems at a Glance

┌──────────────────────────────────────────────────────────────────────────┐
│              WHICH RECORD SYSTEM APPLIES TO ME?                          │
│                                                                          │
│  ODA operator/applicator records ..... 3 YEARS   (ORS 634.146)          │
│    Commercial Operators, Commercial Applicators not employed by an       │
│    operator, Public Applicators, Consultants doing demo/research.        │
│    All applications — general use AND restricted use.                    │
│                                                                          │
│  Pesticide DEALER sales records ...... 3 YEARS   (OAR 603-057-0140)     │
│    RUP sales only.                                                       │
│                                                                          │
│  USDA PRIVATE applicator records ..... 2 YEARS   (record within 14 days) │
│    RUPs only, on land you own/lease/rent.                                │
│                                                                          │
│  WPS records ......................... 2 YEARS after REI expiration      │
│    Agricultural employers; general use AND restricted use.               │
│    (40 CFR 170.311(b))                                                   │
│                                                                          │
│  SCHOOL pesticide records ............ 4 YEARS   (ORS 634.750)          │
│    Anyone applying on school property; kept AT the school.               │
└──────────────────────────────────────────────────────────────────────────┘

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2. Pesticide Dealer Records (OAR 603-057-0140)

Dealers must prepare and maintain records of restricted-use pesticide sales for three years:

1. Purchaser — (a) full name of the certified applicator to whom the RUP is sold (no initials, nicknames, partial names, ranch or company names); (b) residential or mailing address; (c) licence or certificate number, identifying the issuing state if it is not Oregon. Recording the licence expiry date is recommended.
2. Date of sale — month/day/year.
3. Trade name of the pesticide — EPA registration number, or product name, formulation and manufacturer.
4. Quantity sold — gallons, pounds, containers; define case lots (for example, "1 case 24 × 15 oz").

[!NOTE] A restricted-use pesticide may be sold only to a licensed applicator, but the product may be picked up by an unlicensed employee or other person designated by the purchaser. The record still names the certified purchaser.

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3. USDA Records for Private Applicators

Federal USDA regulations — not Oregon rules — require Private Pesticide Applicators to record every restricted-use pesticide application within 14 days, and to keep legible records for two years from the date of application:

• Applicator name(s)
• Applicator licence number
• Month/day/year
• EPA registration number
• Brand/product name
• Crop, commodity or site
• Size of area treated
• Total quantity of concentrate applied (actual product, not the diluted solution)
• Field ID / location

Spot treatments. USDA treats an application of RUPs totalling less than 1/10 of an acre on the same day as a spot treatment. The same nine elements are required, but the field ID/location may be recorded as county, range, township and section (subsection optional), as a map or written description, as a USDA field-numbering system, or as GPS coordinates.

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4. Worker Protection Standard Records

Under the WPS, application and hazard information for any pesticide used on the agricultural establishment — restricted use and general use — must be displayed, retained and made accessible. The agricultural employer must retain the information on the establishment for two years after the date the restricted-entry interval expires (40 CFR 170.311(b)). These requirements apply only to employers subject to the WPS.

Required WPS record information:

• A copy of the safety data sheet (SDS) — a separate document from the label, formerly called an MSDS
• Product name and EPA registration number
• Active ingredient(s)
• The crop or site treated and the location, with a description of the treated area
• The date(s) and times the application started and ended
• The duration of the REI for that application — which is stated on the label and may vary by crop or use pattern

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5. School Pesticide Records (ORS 634.750)

Anyone making pesticide applications on school property must ensure records are maintained at the school for four years:

1. Pest controlled — the pest condition that prompted the application
2. Date and time of placement and removal of warning signs
3. Application type and effectiveness — formulation type, application method, and how well it solved the problem
4. Copies and dates of notices — every notice and the date it was provided to the school, staff, parents and adult attendees
5. Copy of the product label(s) — the complete label of any product applied
6. Copy of the SDS for all products applied

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6. Reading a Multi-System Scenario

A single job can trigger several systems at once. A commercial applicator treating a school campus for a school district keeps the ODA application record for three years and ensures the school record is kept at the school for four years. An agricultural employer whose own certified employee sprays an orchard keeps the WPS display and record for two years past REI expiry and, if the product is an RUP applied on their own land, the USDA private record for two years. When an exam item gives you a period that does not match the record set you were thinking of, re-read which system the question is asking about.