The Dealer's Restricted-Use Sale and Recordkeeping Gap
A Connecticut pesticide dealer sells a restricted-use insecticide to a customer who says he is a certified private applicator. The customer provides a certification number, but the dealer does not verify it or record it. The dealer also sells the same product to a landscaper who says he is a commercial applicator but does not have his certification card with him; the dealer writes 'commercial' on the invoice and completes the sale. Two weeks later, a state inspector visits and asks for the dealer's restricted-use sales records. The dealer has invoices but no certification numbers for either sale, and one invoice lists only a business name. The dealer is also unsure whether the business itself needed to be registered as a pesticide dealer.
1. What did the dealer do wrong with respect to restricted-use pesticide sales, and what records should have been kept?
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Restricted-use pesticides may be sold only to certified applicators or persons under their direct supervision, and the dealer must verify the certification and maintain records. The dealer should have required and recorded the customer's certification number and category for each restricted-use sale, confirmed that the certification was valid, and kept records that identify the purchaser. Simply writing 'commercial' or a business name is insufficient. The dealer should maintain sales records for the period required by state law and make them available to the state on request. The sale to the landscaper without verification was improper; the dealer should have declined the sale until certification was confirmed.
2. Does the dealership itself need any registration or licensing? Explain what the dealer should confirm.
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Yes. Connecticut requires pesticide dealers and pesticide businesses to be registered with the state, and the dealer should confirm that the business registration is current and that the dealership is authorized to sell restricted-use products. The dealer should also confirm that any person selling or distributing restricted-use pesticides meets applicable requirements. The dealer should contact the Connecticut Department of Energy and Environmental Protection's pesticide program to verify registration status, recordkeeping requirements, and any restrictions on the specific product. The inspection finding should prompt the dealer to correct records, verify certifications going forward, and confirm business registration.