3 Del. Admin. Code § 601-14.0

Current through Register Vol. 28, No. 4, October 1, 2024
Section 601-14.0 - Records
14.1 Commercial Applicators.

Commercial applicators shall, for a period of two years from the date of application, keep records detailing the application of any pesticides to include:

14.1.1 The brand name of the pesticide used. In the case of a Restricted Use Pesticide or a pesticide which is used under the provisions of 40 Code of Federal Regulations, Part 170, Worker Protection Standards, the EPA Registration Number shall also be recorded at or before the time of application.
14.1.2 When applicable, the dilution rate of the pesticide and the amount of diluted material applied per unit (i.e. gallons/acre, lbs./acre, etc.)
14.1.3 The date and specific area treated, including name and address for whom it was applied.
14.1.4 The pest against which the pesticide was used and crop/commodity that was applied to with size of treatment area included.
14.1.5 The applicator's name, and when applicable, the name of the certified applicator responsible for the registered service employee's supervision.
14.1.6 When label directions advise precaution in regard to drift, on-site weather conditions to include:
14.1.6.1 Wind velocity and direction
14.1.6.2 Temperature
14.1.6.3 Relative humidity
14.1.7 In addition to the above record keeping requirements, the applicator shall have available at the site of application, a copy of the label of the pesticide being used. Upon request, the applicator shall provide any interested person at or adjacent to the application site, with any information contained on the pesticide label.
14.1.8 Unless good cause is shown, records required by subsection 14.1 shall be logged immediately or within 24 hours of completion of the pesticide application.
14.2 Restricted Use Pesticides Dealers
14.2.1 Restricted use pesticide dealers shall keep and maintain for a period of two years, records on the sale or other disposition of restricted use pesticides to include the following:
14.2.1.1 For each RUP distributed or sold, the name and address of residence or principal place of business of each certified applicator, or if applicable of the noncertified applicator for application by a certified applicator.
14.2.1.2 From the certification document presented to the seller on the valid certification - the issuing State, Tribe or Federal agency authorizing the certified applicator to purchase the RUP, the certification number, expiration date and certification categories of the certified applicator that are relevant to the pesticide sold, a form of photographic identification of the receiver must be presented at the time of delivery.
14.2.1.3 The product name and E.P.A. registration number on the label of the pesticide, including any applicable emergency exemption of State special local need registration number.
14.2.1.4 The quantity of the RUP distributed or sold in the transaction.
14.2.1.5 Date of the sale or transaction.

3 Del. Admin. Code § 601-14.0

7 DE Reg. 1674 (06/01/04)
10 DE Reg. 833 (11/01/06)
26 DE Reg. 1050 (6/1/2023) (Final)