Restricted-Use Sale to an Uncertified Buyer
A dealer sells a restricted-use insecticide to a customer who presents a certification card. The card expired 14 months ago. The customer says he is 'renewing next week' and needs the product today for a 5-acre orchard. The dealer sells two 1-gallon containers and records the sale in a log that lists the customer's name but not the certification number or expiration date. The customer later applies the product at twice the label rate and reports a fish kill in an adjacent pond. The dealer is licensed and the product is registered for the orchard site.
1. Was the sale lawful, and what is the dealer's exposure?
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No. A restricted-use pesticide may be sold only to a certified applicator or a person under their direct supervision, and the certification must be current. An expired card does not qualify, and 'renewing next week' is not a substitute. The dealer's exposure includes the unlawful sale itself and the recordkeeping failure: the sales record must capture the certification number and expiration (and typically the date of sale, product, and quantity). The dealer should have refused the sale or verified current certification before releasing the product.
2. How does the customer's double-rate application affect the analysis?
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It is a separate violation. Applying at twice the label rate is a use inconsistent with the label and is the customer's responsibility, not the dealer's. The fish kill is potential evidence of off-target environmental harm and should be documented and referred appropriately. The dealer's liability does not disappear because the customer misapplied; the unlawful sale stands on its own. The investigation should separate the sale violation (dealer) from the use violation (applicator) and the environmental incident.
3. What should the dealer do now, and what records should be corrected?
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The dealer should stop selling restricted-use products to this customer until current certification is verified, correct the sales log to include certification number and expiration for every restricted-use sale, and retain records as required. Going forward, the dealer should check the card's expiration at the point of sale and refuse expired certification. The dealer should also report the incident internally, cooperate with the investigation, and not attempt to backfill records-document what actually happened.