Part 1. Definition and construction of terms.

1.1. As used in these rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these rules shall have the meaning set forth for such terms in the Act.

1.2. As used in these rules, unless the context otherwise requires:

(a) “Act” means the Pesticide Act, Title 35, Article 9, C.R.S..

(b) “Applicant” means a person who applies for a registration or renewal of a registration under the Act.

(c) “Brand” or “Brand name” means the name, number or trademark, or designation applied to a pesticide of any particular description by the manufacturer, distributor, importer or vendor. Each pesticide differing in the ingredient statement, analysis, manufacturer or distributor, name, number or trademark shall be considered as a distinct and separate brand.

(d) “Certified applicator” means an individual who is certified or licensed to use or supervise the use of restricted use pesticides;

(e) “Distribute or sell” and other grammatical variations of the term such as “distributed or sold” and “distribution and sale” means the acts of distributing, advertising, offering for sale, holding for distribution, holding for sale, selling, bartering, or supplying in any fashion any pesticide in this state.

(f) “FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act including all amendments and rules and regulations.

(g) “Final printed labeling” means the label or labeling of the product when distributed or sold. Final printed labeling does not include the package of the product, unless the labeling is an integral part of the package.

(h) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(i) “Labeling” means all labels and all other written, printed, or graphic matter:

1. (1) accompanying the pesticide or device at any time; or (2) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the United States Department of Health and Human Services, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides. (i.5) (1) “Liquid chemical sterilant product” means any liquid chemical sterilant product (including any product with sterilant or subordinate disinfectant claims) for use on a critical or semi- critical device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321 (h). For purposes of this definition, the term “critical device” includes any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body; the term “semi-critical device” includes any device that contacts intact mucous membranes but that does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.

(j) “Pesticide product” means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. The term also includes any device whose labeling includes or should include an establishment number issued pursuant to 40 C.F.R. § 167.20 (1998) (later amendments not included). The term also includes the characteristic designation by words, symbols, name, number, or trademark of a specific, particular pesticide or formulation thereof, under which the pesticide is distributed or sold in the State of Colorado. For more than one pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same:

1. (1) product name;
2. (2) registrant name;
3. (3) manufacturer name;
4. (4) EPA registration number (if the pesticide product is subject to registration by EPA pursuant to the FIFRA); and (5) labeling.

(j.5) Repealed.

(k) “Registrant” means any person who has registered any pesticide with the state of Colorado.

(l) “State restricted use pesticide” means any pesticide which when used as directed or in accordance with the generally accepted practice, the Commissioner determines requires additional restrictions for that use to prevent unreasonable-adverse effects on the environment including, but not limited to people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

(m) “Under the direct supervision” means the application of a pesticide by a competent person acting under the instructions and control of a certified applicator who is available when needed, even though said applicator is not physically present at the time and place the pesticide is applied.

Part 2. Status of products as pesticides.

Substances or mixtures of substances will be considered to be pesticides if: 2.1. The label or labeling of the product bears claims for use as a pesticide. 2.2. Claims or recommendations for use as a pesticide are made in collateral advertising such as publications, advertising literature which does not accompany the product, or advertisements by radio or television.

2.3. Claims or recommendations for use as a pesticide are made verbally or in writing by representatives of the manufacturer.

2.4. The products are intended for use both as pesticides and other purposes. Part 3. The registration system.

3.1. Every pesticide product which is distributed in this state must be registered with the commissioner. 3.2. Each pesticide product shall be registered separately. 3.3. Repealed.

3.4. The annual application fee for registration or renewal of a registration shall be $95.00.

3.4.5 Repealed.

3.5. The penalty fee for distribution of an unregistered pesticide product shall be $100.00. Such penalty fee shall be paid to the commissioner in addition to any registration fee required by the Pesticide Act or these rules and regulations.

3.6. Any person is eligible to be a registrant.

3.7. Effect of registration: If a pesticide product is registered under the Act, no further registration under the Act is required unless the label or ingredient statement differ from the representations made in connection with registration.

3.8. The commissioner will send all correspondence concerning the application and any subsequent registration information to the address provided by the applicant. It is the responsibility of the applicant and any registrant to ensure that the commissioner has a current and accurate address. Any change of address submitted on the application form or renewal form shall result in a change of address for the registrant. Otherwise, any change of address must be in writing and specifically indicate an intention to change the official mailing address of the registrant. 3.9. Any change of address submitted to the commissioner by a registrant will result in a change of address for all products registered by said registrant. 3.10. Applications and correspondence relating to registration should be mailed or hand-delivered to: Colorado Department of Agriculture Division of Plant Industry 700 Kipling - Suite 4000 Lakewood, Colorado 80215-5894 3.11. At any time the Commissioner, under the authority of the Act, may request from the registrant, a description or descriptions of tests and the results thereof upon which labeling claims are made. 3.12. Effective date of registration. Registration of a pesticide product shall become effective on the date the Certificate of Registration is issued.

3.13. Responsibility of a registrant. The registrant is responsible for the accuracy and completeness of all information submitted in connection with his application for registration of a pesticide product. 3.14. Changes in labeling or ingredient statement. Changes in the labeling or ingredient statement of a registered pesticide product shall be submitted prior to any sales using the changed label or ingredients in Colorado. The exact changes shall be described. 3.15. Claims must conform to registration. Claims made for a pesticide product must not differ in substance from representations made in connection with registration, including representations with respect to effectiveness, ingredients, directions for use, or pests against which the product is recommended. Any claims which differ in substance from representations made in connection with registration shall be described.

3.16. Compliance with the FIFRA. The commissioner shall refuse application for registration of any pesticide product that is not in compliance with the FIFRA. 3.17. Failure to provide the information required by ¶ 3.11, ¶ 3.18 and/or ¶ 3.19 within 60 days from the date the first Notice of Lack of Compliance is printed, shall be considered an incomplete application and no registration or renewal of a registration for the pesticide product shall be issued.

3.18. Each applicant for a registration shall submit a signed, complete, accurate, and legible application, including: the form provided by the commissioner; the application fee set by the commissioner; unless provided on the application form, a list of each inert ingredient and its percentage; and a final printed label as it appears on the pesticide product in the marketplace. 3.19. Each applicant for renewal of a registration shall submit a signed, complete, accurate, and legible application, including: the form provided by the commissioner and the application fee set by the commissioner.

3.20. If an applicant submits an overpayment for all the pesticide products intended to be registered or renewed, a refund may be obtained pursuant to § 24-30-203, C.R.S. 3.21. If an applicant submits an underpayment for all the pesticide products intended to be registered or renewed, the following procedure shall be followed in determining which product(s) shall be registered:

(a) Until the funds submitted are used, pesticide products which have been placed under Cease and Desist Order will be registered in the order received by the Pesticide Section of the Colorado Department of Agriculture before registration of other pesticide products;

(b) Until the funds submitted are used, the remaining pesticide products will be registered in the order received by the Pesticide Section of the Colorado Department of Agriculture;

(c) If an overpayment exists insufficient to pay for the registration of the next pesticide product intended to be registered or renewed, a refund may be obtained pursuant to § 24-30-203, C.R.S.

3.22. If an applicant submits one payment for multiple registrants, pesticide products will be registered pursuant to ¶¶ 3.20 and 3.21 for the registrants in the sequence of registrants received by the Pesticide Section of the Colorado Department of Agriculture. 3.23. If an applicant fails to submit any payment with the application, no review of the application will take place.

3.24. If an applicant submits a full or partial payment with the application, a full review of the application will take place.

Part 4. Label requirements.

4.1. All pesticides except liquid chemical sterilant products sold or registered in Colorado must have a label which conforms to this Part 4.

4.2. These rules incorporate rules of the Environmental Protection Agency, United States of America 40 C.F.R. §156.10 (1998) (later amendments not included) concerning labeling requirements and the rules of the Environmental Protection Agency, United States of America 40 C.F.R. §152.25(g) (1998) (later amendments not included) concerning minimum risk pesticides.

(a) Labels and labeling for pesticide products must comply with all of the labeling requirements of 40 C.F.R. §156.10 (1998), as incorporated above, unless exempted from federal registration pursuant to 40 C.F.R. §152.25(g) (1998), as incorporated above.

(b) Labels and labeling for pesticide products exempted from federal registration pursuant to 40 C.F.R. §152.25(g) (1998), as incorporated above shall:

1. (1) comply with 40 C.F.R. §152.25(g)(3) (1998), as incorporated above; and (2) comply with all provisions of the act and these rules except § 35-9-120(1)(g)(ii), C.R.S., and parts 6.1(i) and 6.1(j) of these rules.

4.3. This rule does not include later amendments to or editions of the incorporated material. 4.4. Certified copies of this incorporated material are available for public inspection during regular business hours. This incorporated material may be obtained or examined by contacting the Pesticide Section Chief, Department of Agriculture, 700 Kipling Street Ste. 4000, Lakewood, Colorado 80215-5894. Further, the incorporated material may be examined at any state publications depository library.

4.5. Repealed.

Part 5. Coloration and discoloration.

5.1. These rules incorporate rules of the Environmental Protection Agency, United States of America 40 C.F.R. §§153.140 through 153.155 (1998) (later amendments not included). 5.2. This rule does not include later amendments to or editions of the incorporated material. 5.3. Certified copies of this incorporated material are available for public inspection during regular business hours. This incorporated material may be obtained or examined by contacting the Pesticide Section Chief, Department of Agriculture, 700 Kipling Street Ste. 4000, Lakewood, Colorado 80215-5894. Further, the incorporated material may be examined at any state publications depository library.

Part 6. Misbranding.

6.1. False and misleading statements. A pesticide or a device is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidal claims. Examples of statements or representations in the labeling which constitute misbranding include:

(a) A false or misleading statement concerning the composition of the product;

(b) A false or misleading statement concerning the effectiveness of the product as a pesticide or device;

(c) A false or misleading statement about the value of the product for purposes other than as a pesticide or device;

(d) A false or misleading comparison with other pesticides or devices;

(e) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any governmental agency;

(f) The name of a pesticide product (except devices) which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names of the other ingredients are stated elsewhere in the labeling;

(g) A true statement used in such a way as to give a false or misleading impression to the purchase;

(h) Label disclaimers which negate or detract from labeling statements required. An example of a disclaimer which would render a product misbranded is: “The information furnished herein is provided gratuitously by the manufacturer who assumes no responsibility whatsoever for the effectiveness or safety of this product regardless of whether or not it is used as directed.”;

(i) Claims as to the safety of the pesticide or pesticide product or its ingredients, including statements such as “safe:, “nonpoisonous”, “noninjurious”, “harmless”, or “nontoxic to humans and pets” with or without such a qualifying phrase as “when used as directed”; or (j) Non-numerical and/or comparative statements on the safety of the product, including but not limited to:

1. i) “Contains all natural ingredients”;
2. ii) “Among the least toxic chemicals known”;
3. iii) “Pollution approved”;

6.2. Justification of false and misleading statements not permitted. The use of any false or misleading statement on any part of the labeling, given as the statement or opinion of any person or based upon such statement or opinion shall not be justified nor may such statement be justified by the fact that the statement or opinion is actually that of such person. Part 7. Refusal or cancellation of registration.

Any of the following causes is sufficient to justify refusal or cancellation of registration of a product: 7.1. If it is determined that the pesticide or pesticide product will not perform its intended function; 7.2. If the labeling bears any statement, design, or graphic representation relative thereto, or to its ingredients, which is false or misleading in any particular; 7.3. If found to be an imitation of or illegally offered for sale under the name of another pesticide or pesticide product;

7.4. If the labeling accompanying the pesticide or pesticide product does not contain directions for use which are necessary, and if complied with, adequate for the protection of the public under customary conditions of use;

7.5. If the label does not contain the required warning or precautionary statements; 7.6. If the label does not bear an ingredient statement as required; 7.7. If any word, statement, or other information required to appear on the label or labeling is omitted or not prominently placed thereon and in such terms as to render it likely to be read and understood under customary conditions of purchase and use;

7.8. If a pesticide or pesticide product does not warrant the proposed claims for it, or if the pesticide or pesticide product and its labeling and other material required to be submitted, do not comply with the act or these rules;

7.9. If it is determined that, when used in accordance with label directions or in accordance with commonly recognized standards of practice, the pesticide or pesticide product will generally cause, or is likely to cause if the pesticide or pesticide product is registered, unreasonable adverse effects on the environment including, without limitation, groundwater, vegetation (except the target pest) to which it is applied, living man or other useful vertebrate animals, and the person applying such pesticide or pesticide product; or 7.10. If the registrant has been guilty of fraudulent and deceptive practices in the evasions or attempted evasions of the provisions of this act or any rules and regulations promulgated thereunder; provided, that no registration shall be revoked or refused until the registrant shall have been given an opportunity for a hearing by the commissioner.

Part 8. Enforcement.

8.1. Collection of samples. Samples of pesticides and devices shall be collected by a designated agent. An official representative sample shall be one taken by the Commissioner or his designee. An unbroken original package shall be taken as the official sample where the pesticide is packed in small bottles, or small packages. Where the pesticide is packed in large containers, the official sample shall be a portion taken from one original package in a lot. Part 9. Experimental use products.

9.1. Any pesticide product shipped or delivered for experimental use must be registered and the following information must be submitted to the commissioner. If a pesticide product shipped or delivered for experimental use is registered in Colorado, no further registration is required. However, the following information must be submitted to the commissioner.

(a) In addition to the information required for routine registration an application for registration shall include:

1. (1) the federal Experimental Use Permit number;
2. (2) a copy of the federal experimental use approval;
3. (3) a copy of the labeling;
4. (4) the Colorado contact for such use;
5. (5) if requested any information pertinent to the program being performed in Colorado. 9.2. A pesticide intended for experimental use shall not be offered or advertised for general sale. Part 10. Distribution.

10.1. No person or business shall distribute any of the following:

(a) Any pesticide or pesticide product which does not conform to its purported standard of quality.

(b) Any pesticide or pesticide product except in the manufacturer's or registrant's original unbroken package, except for bulk, and there is affixed to such container a registered label.

(c) Any pesticide or pesticide product which is not labeled, or on which the label is illegible in any respect.

(d) Any pesticide or pesticide product on which the caps, lids, or other sealing devices on the container are not tight or secure. Defective, unsound or broken containers shall not be placed on display, sold, offered for sale or transported.

(e) Any pesticide or pesticide product which is misbranded or adulterated.

(f) Any pesticide or pesticide product which has not been registered in accordance with the provisions of the Act.

10.2. Failure of any person or business to cease distributing any pesticide or pesticide product or device on which a written or printed cease and desist order has been issued in accordance with the Act shall be sufficient reason for the department to enjoin said distribution. Part 11. Dealer licensing.

11.1. The Dealer Licensing System.

(a) Any person who distributes to any other person any restricted use pesticide must possess a valid pesticide dealer license.

(b) Each separate business location, including branch offices, and each separate business name must have a separate license.

(c) Each applicant for a pesticide dealer license shall make application to the commissioner. Said application shall be on a form furnished by the commissioner and shall be accompanied by an application fee of $50.00.

(d) Each pesticide dealer shall make an application to renew its license on or before the first working day of January for the year of renewal. Said application shall be on a form furnished by the commissioner and shall be accompanied by a $50.00 renewal fee.

(e) Licenses expire on January 1st of each year and must be renewed on an annual basis.

(f) Applications postmarked after the first working day of January but not received on or before February 1st must pay a penalty fee of 10%.

(g) No license can be renewed until the entire fee is paid.

(h) If the renewal is not received on or before February 1, of the year following the year of licensure, the license shall be revoked and the dealer must apply for a new license. 11.2. Recordkeeping requirements for state restricted use pesticides shall be as required by ¶ 13.3. Part 12. Emergency exemptions.

The following general conditions are set in order to comply with provisions of exemptions which may be issued under Section 18 of the FIFRA for the use of pesticides in emergency situations. However, in addition, due to the highly unique and special nature of each exemption, each exemption shall have its own specific conditions.

12.1. Any Section 18 pesticide product must be registered in Colorado. If a Section 18 pesticide product is registered in Colorado, no further registration is required. 12.2. Definition and construction of terms. As used in this part, unless the context otherwise requires:

(a) “Authorization” means that document prepared by EPA and delivered to the Department by EPA stating the compound, the use and conditions for use under which approval for the Section 18 emergency exemption was granted.

(b) “Certified Private Applicator” means persons certified by the United States Environmental Protection Agency as a private applicator for the purchase and use or supervision of the use of federally restricted use pesticides on his own land or land rented by him or his employer (or, if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person) for the purpose of producing an agricultural commodity.

(c) “Commercial applicator” means persons licensed by the state of Colorado as commercial applicators pursuant to §§ 35-10-101 to 128, C.R.S..

(d) “Permit” means a permit granted by the Department to persons for the sale or use of pesticides granted emergency exemption status under Section 18 of the FIFRA.

(e) “Section 18” means any exemption from registration under the authority of Section 18 of the FIFRA, and any rules or regulations thereto.

(f) “Section 18 pesticide” means any pesticide designated by the Commissioner for use in any Section 18 exemption.

12.3. Any pesticide compound determined to be a Section 18 pesticide shall maintain that status for the duration of the Section 18 authorization.

12.4. Permit Required.

(a) All persons wishing to sell, purchase, and/or use a Section 18 pesticide shall obtain a permit for such sale, purchase, and/or use from the Department of Agriculture prior to any such sale, purchase, and/or use. The Department may waive such requirement if such a permit is not included in the Section 18 authorization.

(b) In the event a permit is not required by a Section 18 authorization any and all individuals wishing to sell, purchase, and/or use a Section 18 pesticide shall be bound by all conditions and restrictions as set forth by the commissioner, in the Section 18 authorization, and on the product label.

(c) Permits shall be requested by the submission of an application in the form prescribed by the Department.

1. (1) There shall be no charge for the issuance of a permit by the Department.
2. (2) Permits for the purchase and/or use of a Section 18 pesticide shall only be issued to those persons who are:
   1. i) Licensed by the Commissioner pursuant to §§ 35-10-101 to 128, C.R.S.;
   2. ii) Certified private applicators with the United States Environmental Protection Agency. Region VIII, Denver Colorado; or iii) Certified or licensed to use or supervise the use of restricted use pesticides.
3. (3) Permits to sell a Section 18 pesticide shall only be issued to those persons who are dealers licensed pursuant to the Act.

(d) All permits shall be subject to the conditions specified and any and all conditions or restrictions which may appear on the approved product label or labeling.

(e) The permit shall authorize the sale or purchase and/or use of the pesticide product or products indicated in the Section 18 authorization. The sale or use of any other product containing the identical active ingredient(s) for control of the specified pest under the provisions of this permit is expressly prohibited.

(f) The Department may suspend or revoke any and all permits issued under these rules in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.

(g) Any permit issued under these rules may be suspended immediately if there is sufficient evidence to show the Section 18 pesticide was sold or used in violation of the conditions of the permit and/or in a manner so as to present an unreasonable hazard to man, any other species, the environment or public or personal property.

(h) Each permittee shall be furnished with a copy of the actual EPA Section 18 authorization by the Department.

12.5. Conditions of the Permit. The following conditions shall be placed upon the sale, purchase, and use of a Section 18 pesticide under the permits issued.

(a) Each Section 18 pesticide shall be subject to all specific restrictions and conditions as may be stated by the commissioner and in the Section 18 authorization from the EPA to the Department and all permittees must abide by these conditions.

(b) No applications shall be performed in any area until the Department has determined that area to meet the qualifications for treatment as specified by the commissioner and in the Section 18 authorization.

(c) No field or other site shall be treated unless it has been determined by the permittee or his representative that it fulfills each and all specific qualifications for treatment as specified by the commissioner and in the Section 18 authorization.

(d) Under no circumstances shall applications be performed in any area to any site other than those specifically authorized by the commissioner and in compliance with the Section 18 authorization.

(e) The Colorado Department of Agriculture must be notified in writing by the permittee within twenty-four (24) hours of knowledge of any adverse effects on man, any other species, the environment or public or personal property which result from the application of a Section 18 pesticide under any permit issued under the provisions of these rules.

(f) All permittees shall keep records as required by the permit and must make such records available to the Department on request at any reasonable hour.

(g) All permittees shall submit such report(s) as required by the permit.

(h) All commercial applicators licensed pursuant to §§ 35-10-101 to 128, C.R.S. who are issued a permit under the provisions of these rules shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals, or feeding restrictions; and any other pertinent precautionary information as specified by the commissioner, the Section 18 authorization to the Department, and the label. All such notification shall be in writing or be a copy of approved required labeling unless exempted by the Department and shall be in a timely manner or within such time period as may be specified by the commissioner and in the Section 18 authorization so as to permit the customer to adequately comply with all restrictions and prohibitions.

(i) Persons permitted to apply, or applying, as the case may be, a Section 18 pesticide under these rules shall not be construed to be pesticide dealers provided they do not engage in the resale for use of any Section 18 pesticide.

(j) The sale of any Section 18 pesticide for the purpose for which the Section 18 authorization was granted to any individual who does not meet the qualifications established by the commissioner and of the Section 18 authorization as required is strictly prohibited. Violation of this provision will be deemed a violation of the regulations and Act, and may result in further administrative actions against the dealer or permittee or immediate suspension of the dealer permit.

12.6. Responsibilities of All Users and/or Dealers.

(a) Nothing shall be construed as abrogating applicator responsibility under the FIFRA or the Colorado Pesticide Applicators' Act, or as abrogating dealer responsibility under the FIFRA or the Colorado Pesticide Act.

(b) If the permit required has been waived, then no application, use, or sale shall be contrary to the requirements of the commissioner, the Section 18 authorization, or the product's label.

(c) Storage and disposal of a Section 18 pesticide shall be in accordance with all provisions of the commissioner, of the Section 18 authorization, the product's label, and all state and federal hazardous waste laws.

(d) All applications and sales shall be in accordance with all provisions established by the commissioner and of the Section 18 authorization.

(e) All commercial applicators shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals; or feeding restrictions; and any other pertinent precautionary information as specified by the commissioner, in the Section 18 authorization to the Department, and on the label. All such notification shall be in writing or by copy of approved required labeling unless exempted by the Department.

(f) Any supplemental label or labeling for the use of a Section 18 pesticide must accompany the sale for use of such product(s).

(g) The Department may suspend the authorized sale or use of a Section 18 pesticide in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment, or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act. Part 13. State restricted use pesticides.

13.1. State restricted use pesticides. Pesticides containing the following active ingredients when used as herbicides are hereby declared to be state restricted use pesticides and shall only be distributed to certified applicators. The pesticides are for retail sale to and use only by certified applicators or persons under their direct supervision and only for those uses covered by the certified applicator's certification.

(a) Bromacil (b) Diuron (c) Monuron (d) Prometon (e) Sodium chlorate (f) Tebuthiuron (g) Sodium metaborate 13.2. Persons distributing state restricted use pesticides must keep certain records.

(a) Recordkeeping is required when making state restricted use pesticides available to certified applicators.

(b) Each state restricted use pesticide retail dealer shall maintain at each individual dealership records of each transaction where a state restricted use pesticide is made available for use by the dealership to a certified applicator. Record of each such transaction shall be maintained for a period of 24 months after the date of the transaction, and shall include the following information:

1. (1) Name and address of the residence or principal place of business of each person to whom the pesticide was made available for use;
2. (2) The certification number on the document evidencing that person's certification, the State (or other governmental unit) that issued the document, the expiration date of the certification, and the categories in which the applicator is certified, if appropriate;
3. (3) The product name and EPA registration number on the label of the pesticide;
4. (4) The quantity of the pesticide made available for use in the transaction; and (5) The date of the transaction.