W. Va. Code R. § 61-12B-7

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

Section 61-12B-7 - Record Keeping Requirements for Pesticide Businesses

7.1. General

7.1.a. Each pesticide business shall maintain at a minimum the records specified in this section as a condition of obtaining and renewing a license, permit or certificate. The commissioner may require additional records be maintained by other rules adopted under W. Va. Code § 19-16A-1 et seq.

7.1.b. The commissioner shall have access to all records for the purpose of inspection to determine compliance with W. Va. Code § 19-16A-1 et seq. and any rules promulgated under W. Va. Code § 19-16A-1 et seq. The commissioner may require a licensed pesticide business to submit these records to his or her office.

7.1.c. Each pesticide business shall keep and maintain records required by this section of the rule for a period of at least 2 years.

7.1.d. The commissioner may revoke a pesticide business license for failure to keep or to submit these records.

7.2. Pesticide Application Business Records.

7.2.a. Each Licensed Pesticide Application Business or Regulated Pesticide Business shall keep records detailing the application of all pesticides. The minimum information to be maintained is:

7.2.a.A. the pesticide used, including the EPA registration number.

7.2.a.B. the formulation, dilution rate and the quantity of the pesticide used. In the case of businesses in the classification of General Pest and Ornamental and Turf pest control, as described in 61 CSR 12A, the records for quantity used may be kept as the total quantity of the product used per day by each applicator when less than 1 gallon of use dilution spray or 1 pound of dust, powder or prepared rodenticide baits are used at any one location. When more than these amounts are used at one location, the quantity of the pesticide for that location shall be maintained separately.

7.2.a.C. the date and place of application.

7.2.a.D. the pest or pests against which the pesticide was used.

7.2.a.E. the applicator's name and certification or registration number.

7.3. Pesticide Dealer Records

7.3.a. General - All licensed Restricted Use Pesticide Dealers and Regulated Pesticide Dealers shall, on a calendar year basis, keep records on the volume of annual sales of all pesticide products. These records shall contain the following information:

7.3.a.A. the pesticide brand name and EPA registration number of the pesticide sold, including its formulation. For example: Pest-A-Way 80% WP., Registration No. 3215-514.

7.3.a.B. the quantity of the pesticide sold, in weight and/or volume.

7.3.b. Restricted Use Pesticide Dealers shall keep and maintain records on each sale or other disposition of restricted use pesticides and pesticides registered under emergency exemption or state special local needs. The minimum information to be maintained is:

7.3.b.A. the pesticides brand name sold or otherwise disposed of, including its formulation, for example Pest-A-Way 80% WP.

7.3.b.B. the quantity of pesticides in weight and/or volume.

7.3.b.C. the date of sale or disposition of the pesticide.

7.3.b.D. the name and address of residence or principal place of business of the purchaser or receiver, the state, tribe or federal entity which issued the certification document including the certified applicators identification number, category, and expiration date.

7.3.b.E. a verification of intent to apply by a certified applicator in the sale of a restricted use pesticide to a non-certified customer for application by others. The verification of intent shall be on a form provided by the commissioner.

7.3.c. The record keeping requirements of this sub-section may be satisfied by invoices or bills of lading, provided they are kept separate from the licensees' other sale records, are readily available and contain the information required in this sub- section.

7.4. Pesticide Consultant

7.4.a. A Pesticide Consultant shall maintain records of each pesticide recommendation made. The minimum information to be maintained is:

7.4.a.A. the date of recommendation.

7.4.a.B. the name and address of the customer, including the site of application if different from the customer's address.

7.4.a.C. the name of the pest(s) being controlled.

7.4.a.D. the name or type of plants or animals or a description of sites being treated.

7.4.a.E the pesticide recommended, including its common name and formulation.

7.4.a.F. the dosage rate of the pesticide recommended.

W. Va. Code R. § 61-12B-7