Contents of Records Maintained by Certified Commercial Applicators, Certified Noncommercial Applicators, and Certified Public Operators

PURPOSE: This rule sets forth the contents of records to be maintained by certified commercial applicators, noncommercial applicators, and public operators. This rule is necessary to provide all the necessary information on particular pesticide treatments in the event a commercial applicator, noncommercial applicator, or public operator is charged with misuse of a pesticide or possible other charges, either by the director, other regulatory agencies, or by a client. (1) Certified commercial applicators or their employers shall keep and maintain records for the use of all pesticides. These records shall be completed within three (3) business days from the date of use and be kept for three (3) years in a neat and legible condition. (2) Certified noncommercial applicators and certified public operators or their employers shall keep and maintain records for the use of restricted use pesticides (RUP). These records shall be completed within three (3) business days from the date of use and be kept for a period of three (3) years in a neat and legible condition. (3) These records shall be available for inspection by the director during regular business hours at the physical location from which certified applicators use or supervise the use of pesticides or, upon request in writing, the director shall be furnished a copy of these records within ten (10) days of receipt of request. (4) These records shall contain the following for each application: (A) Name and license number of the certified applicator using or supervising the use of pesticides; (B) Name of the noncertified applicator, name and license number of the noncertified RUP applicator, name of the pesticide technician trainee, or the name and license number of the pesticide technician using the pesticide(s), if applicable; (C) Application date, start time, and end time; (D) Name and address of the person requesting the pesticide use; (E) Address or brief description of the application site; (F) Size of the area treated (such as square feet, linear feet, acres, etc.) excluding indoor spot and crack and crevice applications; (G) The site, crop and variety name, commodity, or stored product to which pesticide was applied, if applicable; (H) Target pest(s); (I) Complete trade (manufacturer’s brand) name(s) from the label(s) of the pesticide(s) used; (J) The United States Environmental Protection Agency (EPA) registration number(s) from the label(s) of the pesticide(s) used and the special local need registration number, if applicable. In lieu of recording the United States EPA registration number(s) for each pesticide use, documentation shall be maintained that provides incontrovertible correlation between each pesticide use and the United States EPA registration number(s) of the pesticide(s) used; (K) The pesticide(s) mixture rate, the total amount of mixture used, and the rate of application expressed in reasonable and understandable terms, if applicable; (L) For pre-mixed, ready-to-use pesticide products, a reasonable estimate of the amount of pesticide used and the actual rate of application expressed in reasonable and understandable terms, if applicable; (M) The air temperature, measured wind speed, and wind direction at the site of outdoor pesticide applications, excluding applications of pesticides in general structural pest control and termite pest control within ten feet (10') of a building; and (N) A written, signed, and dated request from the agricultural producer requesting the use of a lesser concentration of pesticide than is provided on the pesticide label, if applicable. AUTHORITY: sections 281.035 and 281.045, RSMo Supp. 2024.* Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended: Filed Sept. 6, 1977, effective Dec. 11, 1977. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed May 15, 2024, effective Jan. 1, 2025. *Original authority: 281.035, RSMo 1974, amended 1977, 1988, 2019, 2021, and 281.045, RSMo 1974, amended 1977, 1988, 2021.