The MDA will be working with pesticide industry to bring these new individuals (who mix/load/handle RUPs) in compliance for the next three years. The MDA will communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, attending pesticide association meetings. The MDA may pursue an enforcement action when individuals do not get the right license after repeated warnings. Also, an enforcement action may be taken without any warning if an applicator provided false information about themselves on the application form.

Will there be routine inspections or audits to ensure compliance?

At this point, the MDA is not planning to conduct routine inspections specifically to mixer/loader/handler licensing requirements.

33. How does the MDA plan to monitor compliance with the new RUP regulations, and what enforcement mechanisms will be in place?

The MDA will be working with pesticide industry to bring these new individuals (who mix/load/handle RUPs) in compliance for the next three years. The MDA will communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, attending pesticide association meetings. The MDA may pursue an enforcement action when individuals do not get the right license after repeated warnings. Also, an enforcement action may be taken without any warning if an applicator provided false information about themselves on the application form.

Will there be routine inspections or audits to ensure compliance?

At this point, the MDA is not planning to conduct routine inspections specifically to mixer/loader/handler licensing requirements.

No

RUPs have the higher potential to cause unreasonable adverse effects to the environment and injury to applicators or bystanders without added restrictions. Having these products applied and handled by licensed individuals reduce the risk to our environment.

Can you share any data or research that informed these changes?

EPA categorize pesticides as an RUP based on their risk assessment.

34. What specific issues are the new RUP licensing requirements intended to address, and how will they benefit public safety or environmental protection?

RUPs have the higher potential to cause unreasonable adverse effects to the environment and injury to applicators or bystanders without added restrictions. Having these products applied and handled by licensed individuals reduce the risk to our environment.

Can you share any data or research that informed these changes?

EPA categorize pesticides as an RUP based on their risk assessment.

No

If the independent contractor just drives their truck, they do not need a license, but if the independent contractor helps in mixing/loading/handing of RUPs, they need a license. It is the independent contractor’s responsibility to hold the appropriate license.

A private owner operator is hired to provide a truck and driver to pull coop XYZ’s tender trailer. Would they be required to obtain a Commercial license? Is a private license sufficient?

If a private owner operator’s driver just pulls coop XYZ’s tender trailer they do not need a license, but if the private owner operator’s driver helps in mixing/loading/handing of RUPs for hire, they need a commercial license. Private certification is ONLY for those who apply/mix/load/handle RUPs at their farm for the production of farm commodity.

35. Who is responsible for ensuring an “independent contractor” who may be hired to drive truck and help mix/load chemicals if this individual is not an employee of XYZ coop?

If the independent contractor just drives their truck, they do not need a license, but if the independent contractor helps in mixing/loading/handing of RUPs, they need a license. It is the independent contractor’s responsibility to hold the appropriate license.

A private owner operator is hired to provide a truck and driver to pull coop XYZ’s tender trailer. Would they be required to obtain a Commercial license? Is a private license sufficient?

If a private owner operator’s driver just pulls coop XYZ’s tender trailer they do not need a license, but if the private owner operator’s driver helps in mixing/loading/handing of RUPs for hire, they need a commercial license. Private certification is ONLY for those who apply/mix/load/handle RUPs at their farm for the production of farm commodity.

No

No, you do not need a license to handle repacked SEALED RUPs.

37. Do I need a license to handle repacked SEALED restricted use pesticide products?

No, you do not need a license to handle repacked SEALED RUPs.

No

The MDA plans to communicate these changes over the next three-year cycle to regulate clientele using, the MDA webpage, mass mailings, emails, recertification workshops, attending pesticide association meetings.

Are there any accommodations available for these individuals?

While there are no exemptions or special accommodations, the MDA will continue to review each unique scenario presented to us and determine if they need a license or not.

36. What is the expected timeline for compliance with the new RUP regulations, how will the MDA address challenges with seasonal or older drivers?

The MDA plans to communicate these changes over the next three-year cycle to regulate clientele using, the MDA webpage, mass mailings, emails, recertification workshops, attending pesticide association meetings.

Are there any accommodations available for these individuals?

While there are no exemptions or special accommodations, the MDA will continue to review each unique scenario presented to us and determine if they need a license or not.

No