Private Applicator Recordkeeping FAQs | South Dakota Department of Agriculture

Private Applicator Recordkeeping FAQs

Why is it Necessary to Keep Records of Pesticide Applications?

  • Federal regulations require that all certified private applicators maintain records of all restricted use pesticide applications.
  • Although it is required by law to keep records of applications of restricted use pesticides, it is beneficial to the applicator to keep records of applications of all pesticides. A written record can assist in making critical management decisions regarding pest control.
  • In an emergency situation where it is critical to determine what product was used, well kept records can assist medical professionals or others to take proper procedures to deal with the situation if the applicator is incapacitated or unavailable.

What Items Must My Records Contain?

  • According to federal regulations, restricted use pesticide application records maintained by private applicators must contain:
    • The Brand Name of the Pesticide Product
    • The EPA Registration Number
      • This is found on the product label as EPA Reg. Number
    • Total Amount of Product Applied
      • Record the total amount of product applied, make sure not to confuse this with the amount of tank mix applied or amount of active ingredient.
    • Size of Area or Amount Treated
    • Location of the Application
      • There is no required format that must be used to describe the location of the application. However, it is recommended that the applicator record the location using the public land survey system legal land description. For example, SE 1/4, Section 4, Range 55W, Township 101N.
      • The location may also be recorded in GPS coordinates (latitude/longitude).
    • Crop, Commodity, Stored Product, or Description of Site
    • Date of Application
    • Certified Applicator’s Name and Certification Number that made the application.
  • It is common to make pesticide applications to small areas. These are often referred to as “Spot Treatments”. If an application is made to less than 1/10 of an acre (4,356 square feet), it is required that the following is recorded.
    • The Brand Name of the Pesticide Product
    • The EPA Registration Number
    • Total Amount of Product Applied
    • Location of the Application
      • The location must be designated as a “Spot Treatment” in the records followed by a general description of the pest treated (i.e. “noxious weeds”).
    • Date of Application
      • NOTE: This provision excludes greenhouse and nursery applicators. Nursery and greenhouse applicators are required to record all elements listed above.
  • There is no official form or manner that records must be kept. However, all elements outlined above must be in the record. More Information and examples of records can be found at SD Cooperative Extension Pesticide Education or by contacting the SD Department of Agriculture or your local county Cooperative Extension Educator.

Are There Additional Record Keeping Requirements for the Use of Predator Control Devices?

  • All private applicators that use Livestock Protection Collars must keep records for each application that include:
    • Number of Collars Placed on Livestock
    • Date of Application
    • Location of Collared Animals
      • It is suggested that the applicator note the Public Land Survey System Legal Land Description (i.e. 1/4, Section, Township & Range).
    • Number of Collars Purchased or Leased
    • Number of Collars Punctured or Ruptured and Cause
    • Number of Collars Lost or Unrecoverable
    • Number of Collars Stored
    • Species, Date, and Location of Each Animal Found Poisoned
    • Any Accident or Injury to Humans, Domestic Animals, or Poisoning of a Non-Target Animal Must be Reported to the Department of Agriculture Immediately.
  • All private applicators that use cyanide capsule predator control devices (M-44) must keep records for each application that include:
    • Number of Devices Placed
    • Location of Each Device Placed
    • Date of Each Device Placement and Inspection
    • Number and Location of Each Device Discharge
    • Apparent Reason for Each Discharge
    • Species of Animal Taken
    • Any Accidents or Injuries to Humans or Domestic Animals

Who Has Access to Records?

Access to records is limited to protect the privacy of Certified Applicators. However, federal law provides access to Restricted Use Pesticide Application records to:

  • USDA authorized representatives who present identification
  • State authorized representatives who present identification
  • Attending health care professionals or those acting under their direction, when treating individuals who may have been exposed to restricted use pesticides.

What are the Penalties for Violation of Record Keeping Regulations?

A certified applicator that violates federal record keeping regulations is subject to:

  • A fine of not more than $650.
  • Subsequent violations constitute a fine of not less than $1,100 per violation. However, the fine may be less than $1,100 if it is determined that the applicator made a good faith effort to comply.

Are My Records Subject to Inspection?

The South Dakota Department of Agriculture inspects the records of randomly selected private applicators on an annual basis to determine compliance. The results of these inspections are sent to U.S. Department of Agriculture – Agricultural Marketing Service.