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25. For those not yet compliant with the new RUP licensing requirements, what are MDA’s plan for enforcement?

The MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years.

How will businesses be supported in meeting these new requirements?

The MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years. The MDA will continue to communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, and attend pesticide association meetings.

No

The delivery individuals do not need a license if they are not handling these. However, if an individual is handling the open RUP container, they need a license.

Does the MDA plan to assist businesses in adapting to these requirements?

Yes, the MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years. The MDA will continue to communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, and attend pesticide association meetings.

26. Will distribution companies and warehouse handlers be required to obtain a commercial license for delivering or handling RUPs?

The delivery individuals do not need a license if they are not handling these. However, if an individual is handling the open RUP container, they need a license.

Does the MDA plan to assist businesses in adapting to these requirements?

Yes, the MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years. The MDA will continue to communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, and attend pesticide association meetings.

No

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.

27. How will the new RUP licensing requirements affect farmer chemical dealers, particularly in smaller operations?

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.

No

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.

28. Do the new licensing requirements apply exclusively to RUPs, or are other pesticide categories affected?

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.

No

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.

29. How do the new regulations apply to RUPs mixed at a plant and transported to the field for application? (“hot loads” “impregnated dry fertilizer”)

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.

No

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.

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