Requirements for Pesticide Dealers in Indian Country

Restricted use pesticide retail dealers may only sell restricted use pesticides (RUPs) to:

• Certified applicators, or
• Noncertified applicators under the direct supervision of a certified applicator.

RUP retail dealers located within Indian country covered under the EPA Plan are not limited to selling RUPs to federally certified applicators. They may sell to other certified applicators (e.g., those with a state certification), unless restricted by applicable tribal laws or codes.

For RUP retail dealers located outside of Indian country you must follow your state’s RUP sales, reporting, and recordkeeping requirements. (Note: Some states require that applicators have a state certification to purchase RUPs from dealers that are located within the state. If your state has this requirement, you do not have to accept the federal certification.) As required by EPA regulations, each RUP retail dealer in Indian country where this EPA Plan applies must keep records and submit reports to EPA, as described below.

Dealer Establishment Reporting

• Within 60 calendar days of becoming an RUP retail dealer, send to your EPA regional office
  • The business name and address by which you operate
  • The name and business address of each dealership
• Submit any revisions to the initial report, such as name changes, additions or deletions of dealerships, to the appropriate EPA regional office within 10 calendar days of the change.

Dealer Sales Recordkeeping

• You will also have to maintain records of RUP transactions for two years after the date of the transaction. The following is a summary of the information required; see 40 CFR 171.311(f)(2) for more details.
  • Name and address of the residence or principal place of business of each certified applicator to whom the RUP was distributed or sold, or if applicable, the name and address of the residence or principal place of business of each noncertified applicator to whom the RUP was distributed or sold for application by a certified applicator.
  • The certified applicator’s certification number, certification expiration date, and any certification categories.
    • An RUP should only be made available to a noncertified applicator if the noncertified applicator can document that the RUP will be used by a certified applicator.
  • Product name, EPA registration number and, if applicable, any applicable emergency exemption or state special local need registration number.
  • Quantity of the RUP distributed or sold in the transaction.
  • Date of the transaction.