Federal Certification and Restricted Use Pesticides
About 5 of every 50 questions on a National core practice exam come from this topic.
Sources checked
What to know
Under FIFRA, a restricted use pesticide (RUP) is applied under direct supervision when a certified applicator directs and controls the work and is available if and when needed, even if not on site, unless the labeling says otherwise. Under 40 CFR 171.3, "use" covers mixing and loading, applying and transporting or storing opened containers. Aerial, soil fumigation and non-soil fumigation are separate categories; general private certification alone does not cover fumigation or aerial use. Commercial candidates pass a proctored written exam on the core standards plus each category sought, show government-issued photo ID, use only approved references and talk only to the proctor, who reports irregularities to the certifying authority. Recertification, by written exam or approved continuing education (online courses must verify completion), comes before the certification expires. A noncertified applicator may qualify through 171.201(d) training, WPS handler training or certification in another category, needs equipment instruction within 12 months and gets clean labeling-required PPE; trainers must be certified, designated or train-the-trainer graduates; records stay at the commercial applicator's principal place of business. Certifications are valid only in the plan's area, state standards must meet or exceed federal ones, dealers keep records at each dealership, and EPA may run a plan where none is approved. RUP ads must state the classification. Under 7 CFR 110, records include the size of area treated, spot treatments may be noted as such, customers get a copy within 30 days, and providers get the information immediately in an emergency.
Where it comes from
- 7 U.S.C. § 136(e)(4)
- 40 CFR §§ 171.3, 171.101, 171.103, 171.105, 171.107
- 40 CFR § 171.201
- 40 CFR §§ 171.301, 171.303, 171.311
- 40 CFR §§ 152.168, 152.170
- 7 CFR §§ 110.3, 110.5
Try a practice question
Under FIFRA § 2(e)(4), unless the labeling says otherwise, a restricted use pesticide (RUP) is applied under a certified applicator's direct supervision when the certified applicator:
- Adirects and controls the work and is available if and when needed
- Bsigns the application record before the end of that workday
- Cstays within sight of the person applying it for the entire job
- Dworks at the same site and handles the pesticide personally
Show the answer
directs and controls the work and is available if and when needed. The statutory definition rests on instructions, control and availability; the certified applicator need not be physically present unless the labeling requires it.
7 U.S.C. § 136(e)(4) (FIFRA § 2(e)(4))