Restricted-Use Pesticides and Sales Records
Restricted-use pesticides (RUPs) are products EPA classifies as available only to certified applicators or persons under their direct supervision because of acute hazard or environmental risk. General-use products may be sold to the public; RUPs may not.
Who may sell and who may buy
Ohio requires pesticide dealers who distribute RUPs to be licensed. Sales of RUPs must be made only to certified applicators (or to persons authorized to purchase on their behalf under the rules), and the dealer must verify certification. Selling an RUP to an uncertified buyer is a classic enforcement action and a frequent exam scenario.
Records the dealer must keep
For each RUP sale, the dealer records typically include the product name and EPA registration number, quantity sold, date of sale, and the purchaser's name, address, and certification number. These records must be retained for the period set by rule and made available to ODA on request. The trap: candidates often remember that applicators keep records but forget that dealers keep separate sales records.
Direct supervision
A certified applicator may supervise a noncertified handler applying an RUP only where the label and rules permit, and the supervision must be direct - the certified applicator must be physically present and able to direct and control the application. "Available by phone" is not direct supervision.
Traps to watch
- Assuming any employee of a licensed business may buy RUPs; certification is personal.
- Confusing the applicator's application record with the dealer's sales record.
- Treating "under the supervision of" as loose oversight rather than on-site control.
Rule of thumb: No certification number, no RUP sale - and write the number down. If a question describes an RUP changing hands, expect the answer to involve both a licensed dealer and a certified purchaser plus a retained record.