Requirements for Pesticide Dealers in Indian Country
Restricted use pesticide dealers may only sell restricted use pesticides (RUPs) to:
- certified applicators, or
- persons under the direct supervision of a certified applicator.
Dealers located within Indian country covered under the EPA plan are not limited to selling RUPs to federally certified applicators. They may sell to other certified applicators (e.g., those with a state certification), unless restricted by applicable tribal laws or codes.
For dealers located outside of Indian country you must follow your state’s RUP sales, reporting and recordkeeping requirements. (Note: Some states require that applicators have a state certification to purchase restricted use pesticides from dealers that are located within the state. If your state has this requirement, you do not have to accept the federal certification.) As required by EPA regulations, each RUP dealer in Indian country where this EPA plan applies must keep records and submit reports to EPA, as described below.
- By April 7, 2014, or within 60 calendar days of becoming an RUP dealer, send to your EPA regional office
- The business name by which you operate
- The name and business address of each dealership
- Submit any revisions to the initial report, such as name changes, additions or deletions of dealerships, to the EPA regional office within 10 calendar days of the change.
- You will also have to maintain records of RUP transactions for 24 months after the date of the transaction. The following is a summary of the information required; see 40 CFR 171.11(g) (PDF) (page 382) for more details.
- Name and address of each person to whom the pesticide was made available for use.
- The person’s certification number, certification expiration date and any certification categories.
- Product name, EPA registration number and, if applicable, the state special local need registration number.
- Quantity of the pesticide.
- Date of the transaction.
- Additional information for uncertified persons. An RUP should only be made available to an uncertified person if that person can document that the RUP will be used by a certified applicator. (See 40 CFR 171.11(g)(2)(ii) (PDF) (page 382) for more information.)