W. Va. Code R. § 61-12A-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12A-9 - Record Keeping

9.1. Commercial Applicator/Certified Public Applicator

9.1.a. Each commercial applicator or certified public applicator shall keep for a minimum of two years records detailing the application of all pesticides. Applicators shall maintain the following information at a minimum:

9.1.a.A. the pesticide brand name used, including the EPA registration number;

9.1.a.B. the formulation, the dilution rate and the quantity of the pesticide used;

9.1.a.C. the time, date and the place of application and name and address of the person for whom the pesticide was applied;

9.1.a.D. the pest against which the pesticide was used;

9.1.a.E. the crop, commodity, stored product, or site where applied;

9.1.a.F. the size of the area treated; and

9.1.a.G. the name and certification number of certified and non certified applicator(s).

9.2. Records kept by a licensed pesticide application business or a regulated pesticide business may serve as the records for the individual certified employees of those businesses.

9.3. Private Applicator - A private applicator shall keep records for a period of two years detailing the use of RUPs. A private applicator shall maintain the following minimum information:

9.3.a. the pesticide brand name used, including EPA registration number;

9.3.b. the formulation, the dilution rate and the quantity of the pesticide used;

9.3.c. the time, date and the place of application;

9.3.d. the name and address of the person for whom pesticide was applied:

9.3.e. the pest against which the pesticide was used;

9.3.f. the size of the area treated:

9.3.g. the crop, commodity, stored product or site where pesticide applied;

9.3.h. name and certification number of certified and name of non-certified applicators; and

9.3.i. records required under subsection 9.4 of this rule.

9.4. Non Certified Applicators.

9.4.a. Commercial applicators shall create or verify the existence of records documenting that each non-certified applicator has the qualifications required in subsection 6.5 of this rule. For each non-certified applicator, the records shall contain the information appropriate to the method of qualification as provided in paragraphs 9.4.a.A through 9.4.a.D of this rule.

9.4.a.A. if the non-certified applicator was trained in accordance with subsection 6.5 of this rule, the record shall contain the following information:

9.4.a.A.1. the non-certified applicator's printed name and signature;

9.4.a.A.2. the date the training requirement in subsection 6.5 of this rule was met;

9.4.a.A.3. the name of the person who provided the training; and

9.4.a.A.4. the title or a description of the training provided.

9.4.a.B. If the non-certified applicator was trained as an agricultural handler under 40 CFR 170.501 in accordance with subdivision 6.5.b of this rule, the record shall contain all of the information required at 40 CFR 170.501(d)(1).

9.4.a.C. If the non-certified applicator qualified by satisfying the requirements established by the certifying authority, as described in subdivision 6.5.c of this rule, the record shall contain the information required by the certifying authority.

9.4.a.D. If the non-certified applicator is a certified applicator who is not certified to perform the type of application being conducted or not certified in the jurisdiction where the use will take place, as described in subdivision 6.5.d of this rule, the record shall include the following information:

9.4.a.D.1. the non-certified applicator's name;

9.4.a.D.2. the non-certified applicator's certification number;

9.4.a.D.3. the expiration date of the non-certified applicator's certification; and

9.4.a.D.4. the certifying authority that issued the certification.

9.4.b. The commercial applicator shall create or verify the existence of the record containing the information in subdivision 9.4.a of this rule before allowing the non-certified applicator to use RUPs under his or her direct supervision.

9.4.c. The commercial applicator supervising any non-certified applicator shall have access to records documenting the information required in subdivision 9.4.a of this rule at the commercial applicator's principal place of business for two years from the date the non-certified applicator used the RUP.

W. Va. Code R. § 61-12A-9