|The "Restricted Use" classification for pesticides restricts a product, or its uses, to use by a certified or licensed applicator.|
This information has been prepared by the MDA to provide guidance to Licensed Pesticide Dealers who are required to maintain records of restricted use and/or bulk pesticide sales. This guidance is intended to supplement - - not replace - - the Minnesota Pesticide Control Law and related rules.
The MDA routinely audits dealers’ restricted use/bulk pesticide sales and sales reports. Recent inspections of pesticide dealers by the MDA inspectors have shown a lack of compliance with restricted use pesticide (RUP) sales and record keeping requirements.
To ensure compliance, pesticide dealers selling RUP pesticides must pay particular attention to the following concerns:
- Verify each end-user applicator has a valid license or certification. Examine the applicator identification card or contact the MDA by phone 651-201-6615 or check the “License Lookup”.
- Record all RUP sales to end-users with required information by the end of the business day the RUP is made available. Maintain the reports for 5 years at the sales location.
- List on sales reports the name and address of a person who takes possession or delivery of RUP on the end users behalf.
- Confirm fumigation products are only sold to: 1) a certified private pesticide applicator with a fumigation endorsement; or 2) a licensed pesticide applicator.
- List on sales reports original amount of RUP distributed to end-user, do not list credits or amounts of RUP returned to dealer.
- Do not list on sales reports RUP sales to other dealers for resale.
- Do not list on sales reports RUP products custom applied by commercial applicators employed by dealer.
The MDA intends for the questions and answers that follow to provide guidance to dealers selling restricted use/bulk pesticides and maintaining RUP sales/distribution records.
Can a spouse, child or a designated agent place an order for, and/or pick up, an RUP on the end-users behalf?
Yes. An uncertified/unlicensed person may pick up by, or take delivery of a RUP on the end-users behalf, but the RUP must be applied by a licensed/certified end user, and may not be a fumigation product. The person must provide: a) a valid license/certification identification card; OR b) a valid license/certification number which the dealer verifies by contacting the MDA.
What information about the spouse, child or agent picking up, or taking delivery of an RUP on the end users behalf should the dealer record on their RUP sales report?
When someone other than the applicator picks up or takes delivery of a RUP, the sales record must list the full name and address of the person to whom the product was made available.
A dealer delivers 15 gallons of RUP, ordered and paid for by a farmer, directly to an ag pilot in a returnable container. The pilot returns two unused gallons to the dealer at a later date. How should this transaction be recorded on the sales report?
The dealer must list original amount of RUP distributed to pilot on the sales records, in this case 15 gallons, and the pilot’s name, license number and expiration date. The dealer need not list the two gallons returned nor the farmers name on their sales report.
Can a dealer offer a sale price on an RUP ordered in December for delivery in April to an end-user whose private applicator certification expires March 1?
The dealer can accept the order, but at the time of pickup or delivery, the dealer must verify the farmer has renewed his/her certification. The dealer must record the pick up date, not the original sale date on the sales report.
Can a dealer allow RUP pick up by or delivery to an end-user with an expired license/certification, if the end user says he/she recently renewed their certification?
The dealer must verify the end user’s license/certification is valid before any RUP is made available to the end user. Contact the MDA by phone or visit the MDA website to confirm applicator status.
What documents must a dealer receive from an end-user before selling a fumigation product?
The end user must provide a current private applicator certification with a fumigation endorsement, or a valid pesticide applicator license.
Should a RUP sale to another dealer be recorded in the RUP sales report?
Record the sale on the RUP sales report if the purchase is for commercial application. Do not list the sale if the purchase is for resale.
Are computer generated sales reports produced from a computerized record keeping system acceptable as RUP sales records?
Incomplete RUP sales reports are a violation of Minnesota law. A sales report produced from a dealer’s computerized record keeping system is acceptable if it contains all required information. Dealers using a computerized sales record keeping system must: a) include all sales, and all required information into the system by the end of the business day the product is picked up or delivered; and b) print a complete version of the sales report upon request by the MDA or at the time of license renewal. The MDA does NOT accept computer generated reports that include hand-written information added at a later date.
Is a hand-written invoice sufficient record of an RUP sale?
All records must be kept on forms provided by the commissioner. Records may be kept by computer if all required information is included.
Can a dealer accept opened unused RUP returned for credit?
Yes. The dealer may accept returned opened product at their own risk. The dealer may use this product in their own commercial applications, but it is illegal to resell pesticides in open containers. The dealer should not record the return on the sales records.
A farmer ran short of product, and would like to purchase an amount which is less than a fully packaged container size? Can the dealer sell a partial container?
No. Selling a product in an open container would constitute an illegal sale. Any partially filled container is considered misbranded and mislabeled. A dealer can give away this product.
Are internet sales regulated?
Yes. Minnesota Statutes 18B.31 states, in part, “A pesticide dealer license is required for an individual not located in Minnesota who offers for sale or sells a restricted use or bulk pesticide to a pesticide end user located in Minnesota.” Anyone offering restricted use or bulk pesticides for sale into Minnesota must obtain a Minnesota Pesticide Dealer License.
Does a dealer need to obtain two dealer licenses if it has two RUP sales/distribution facilities in neighboring towns?
Yes. Each facility needs its own license.
Can RUP sales reports be combined and kept at a central location when a dealer has two or more RUP sales/distribution facilities?
No. Each facility needs maintain its own sales reports and keep the reports at the facility for a period of five years after the date of sale.