The new requirements will not impact chemical dealers who sell sealed restricted use pesticides to MN end users. However, farmers (private applicator) who apply RUPs on their farm must be 18 years or older and if those who mix/load/handle RUPs and are not certified, they need private certification.
What steps can these small businesses (dealers) take to ensure compliance?
The new requirements will not impact chemical dealers who sell sealed restricted use pesticides to MN end users.
Can you address situations with, repack, returning goods that are in sealed totes or caged tanks.
An individual returning an RUP in sealed container/bag/tote does not need a license. If an individual is a certified applicator and they are returning an open RUP container/bag/tote (full or partial), they do not need an additional license.
Yes, the new licensing requirements pertain to definition of ‘use’ for mixer/loader/handler are exclusively apply to Restricted Use Pesticides (open containers/bags/tote).
Could you provide examples to clarify the scope of these regulations. Explain what makes a chemical an RUP and what is the chance of more being added to the list?
The designation of a pesticide is determined in the EPA registration process, and it is EPA’s decision if a pesticide product is designated as RUP or not.
Is there a link to RUPs that are licensed for sale in Minnesota?
Currently registered pesticide products including RUP in Minnesota can be found by using the Registered Product Search.
The label of pesticide product indicates if it is an RUP or not.
Yes, the new licensing requirements pertain to definition of ‘use’ for mixer/loader/handler are exclusively apply to Restricted Use Pesticides (open containers/bags/tote).
Could you provide examples to clarify the scope of these regulations. Explain what makes a chemical an RUP and what is the chance of more being added to the list?
The designation of a pesticide is determined in the EPA registration process, and it is EPA’s decision if a pesticide product is designated as RUP or not.
Is there a link to RUPs that are licensed for sale in Minnesota?
Currently registered pesticide products including RUP in Minnesota can be found by using the Registered Product Search.
The label of pesticide product indicates if it is an RUP or not.
As per new regulations, if an individual mixes/loads/handles an RUP, they need a license. As per existing regulations, if an individual applies impregnated dry fertilizer (impregnated with a General Use Pesticide like Roundup) for hire, they are required to have a license, if an individual applies impregnated dry fertilizer (impregnated with an RUP like Atrazine) for hire or on their farm, they need a license or certification.
As per new regulations, if an individual mixes/loads/handles an RUP, they need a license. As per existing regulations, if an individual applies impregnated dry fertilizer (impregnated with a General Use Pesticide like Roundup) for hire, they are required to have a license, if an individual applies impregnated dry fertilizer (impregnated with an RUP like Atrazine) for hire or on their farm, they need a license or certification.
The MDA has just started implementing their revised certification plan and has not had a chance to renew their reciprocity agreements with other states. Once we renew our reciprocal agreements and the MDA finds that the state, we are reciprocating has equal standards (categories competencies, same requirements etc.) for handler’s license, the MDA will allow handlers for reciprocity.
How will cases of RUPs crossing state lines into Minnesota be handled?
If someone is handling open RUP containers in Minnesota, they do need a license.
The MDA has just started implementing their revised certification plan and has not had a chance to renew their reciprocity agreements with other states. Once we renew our reciprocal agreements and the MDA finds that the state, we are reciprocating has equal standards (categories competencies, same requirements etc.) for handler’s license, the MDA will allow handlers for reciprocity.
How will cases of RUPs crossing state lines into Minnesota be handled?
If someone is handling open RUP containers in Minnesota, they do need a license.
An individual with current private certification does not need any additional requirement for mixing/loading/handling, their current certification will allow them to do mixing/loading/handling of RUPs. However, those who ONLY mix/load/handle RUPs and are not currently certified, they need private certification.
What additional steps will farmers need to take to remain compliant?
An individual with current private certification, farmer who applies RUPs on their farm, does not need any additional requirement to remain in compliant. Their current certification is sufficient to mix/load/handle RUPs.
An individual with current private certification does not need any additional requirement for mixing/loading/handling, their current certification will allow them to do mixing/loading/handling of RUPs. However, those who ONLY mix/load/handle RUPs and are not currently certified, they need private certification.
What additional steps will farmers need to take to remain compliant?
An individual with current private certification, farmer who applies RUPs on their farm, does not need any additional requirement to remain in compliant. Their current certification is sufficient to mix/load/handle RUPs.
For mixer/loader/handler, there is no requirement of recordkeeping. For pesticide applicators, there are 3 new requirements added to Pesticide Application Records:
- Size of treated area/units treated
- Total amount of RUP applied/application
- Crop, commodity, stored product, animals, or sites treated for RUP applications
Revised recordkeeping templates can be found on the Pesticide Application Record Templates page.
How can businesses prepare, and what support will the MDA offer for the new record-keeping requires?
For mixer/loader/handler, there is no requirement of recordkeeping. For pesticide applicators, there are three new requirements added to Pesticide Application Records:
- Size of treated area/units treated
- Total amount of RUP applied/application
- Crop, commodity, stored product, animals, or sites treated for RUP applications
Revised recordkeeping templates can be found on the Pesticide Application Record Templates page.
For new application recordkeeping requirements, the MDA will be working with pesticide industry to bring applicators in compliance for the next three years. The MDA has started communicating on recordkeeping and other legislative changes with industry via recertification workshops, mass mailing, emails, and meetings with industry associations.
