Restricted-use pesticides

Scope

RUPs are not available for purchase or use by the general public. The “Restricted Use” classification restricts a product, or its uses, to use by a certified applicator or someone under the certified applicator’s direct supervision.

Regulatory citations

• 40 CFR 152 Subpart I — Classification of pesticides.
• 40 CFR 171 — Certification of pesticide applicators.

Key definitions

• Application and applying: The dispersal of a pesticide on, in, at, or directed toward a target site.
• Applicator: Any individual using a restricted use pesticide. An applicator may be certified as a commercial or private applicator as defined in FIFRA or may be a noncertified applicator as defined in this part.
• Certification: A certifying authority’s issuance, pursuant to this part, of authorization to a person to use or supervise the use of restricted use pesticides.
• Compatibility: The extent to which a pesticide can be combined with other chemicals without causing undesirable results.
• Competency: Having the practical knowledge, skills, experience, and judgment necessary to perform functions associated with restricted use pesticide application without causing unreasonable adverse effects, where the nature and degree of competency required relate directly to the nature of the activity and the degree of independent responsibility.
• Dealership: Any establishment owned or operated by a restricted use pesticide retail dealer where restricted use pesticides are distributed or sold.
• Fumigant: A restricted use pesticide that bears labeling designating it as a fumigant.
• Fumigation: The use of a fumigant.
• Immediate family: Familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin” means the child of a parent’s sibling, i.e., the child of an aunt or uncle.
• Mishap: An event that adversely affects man or the environment and that is related to the use or presence of a pesticide, whether the event was unexpected or intentional.
• Nontarget organism: Any plant, animal or other organism other than the target pests that a pesticide is intended to affect.
• Noncertified applicator: Any person who is not certified in accordance with this part to use or supervise the use of restricted use pesticides in the category appropriate to the type of application being conducted in the pertinent jurisdiction, but who is using restricted use pesticides under the direct supervision of a person certified as a commercial or private applicator in accordance with this part.
• Personal protective equipment: Devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.
• Practical knowledge: The possession of pertinent facts and comprehension sufficient to properly perform functions associated with use of restricted use pesticides, including properly responding to reasonably foreseeable problems and situations.
• Principal place of business: The principal location, either residence or office, where a person conducts a business that involves the use of restricted use pesticides. A person who applies restricted use pesticides in more than one State or area of Indian country may designate a location within a State or area of Indian country as its principal place of business for that State or area of Indian country.
• Regulated pest: A particular species of pest specifically subject to Tribal, State or Federal regulatory restrictions, regulations, or control procedures intended to protect the hosts, man and/or the environment.
• Restricted use pesticide: A pesticide that is classified for restricted use under the provisions of section 3(d) of FIFRA and 40 CFR 152 Subpart I.
• Restricted use pesticide retail dealer: Any person who distributes or sells restricted use pesticides to any person, excluding transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities.
• Toxicity: The property of a pesticide that refers to the degree to which the pesticide, and its degradates and metabolites, are able to cause an adverse physiological effect on an organism.
• Use (or to use a pesticide): Any of the following:
  1. Pre-application activities involving mixing and loading the pesticide.
  2. Applying the pesticide, including, but not limited to, supervising the use of a pesticide by a noncertified applicator.
  3. Other pesticide-related activities, including, but not limited to, transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

Summary of requirements

• Classification, labeling, distribution, sale, advertising, and other requirements or restrictions for RUPs are found at 40 CFR 152 Subpart I.
• Commercial and private applicators of RUPs must comply with certification and recertification requirements for each pesticide category in which they wish to be certified.
• According to 40 CFR 171, certified applicators must:
  • Be tested and recertified every five years.
  • Be at least 18 years of age.
  • Supervise noncertified applicators.
  • Ensure noncertified applicators:
    • Satisfy qualification requirements under 171.201(c),
    • Have been instructed within the last 12 months in the safe operation of any equipment they will use, and
    • Meet the minimum age required to use RUPs under the supervision of a certified applicator.
• Pesticide applicators should check to see if the state, territory, and area of Indian country where they make RUP applications has requirements that are stricter than the federal requirements at 40 CFR 171.