§ 110.3 Records, retention, and access to records. ( a ) Certified applicators of restricted use pesticides shall maintain records of the application of restricted use pesticides. Except as provided in paragraph (b) of this section, these records shall include the following information for each application: ( 1 ) The brand or product name, and the EPA registration number of the restricted use pesticide that was applied;
( 2 ) The total amount of the restricted use pesticide applied;
( 3 ) The location of the application, the size of area treated, and the crop, commodity, stored product, or site to which a restricted use pesticide was applied. The location of the application may be recorded using any of the following designations: ( i ) County, range, township, and section;
( ii ) An identification system utilizing maps and/or written descriptions which accurately identify location;
( iii ) An identification system established by a United States Department of Agriculture agency which utilizes maps and numbering system to identify field locations; or
( iv ) The legal property description.
( 4 ) The month, day, and year on which the restricted use pesticide application occurred; and
( 5 ) The name and certification number (if applicable) of the certified applicator who applied or who supervised the application of the restricted use pesticide.
( b ) Certified applicators shall maintain records of the application of restricted use pesticides made on the same day in a total area of less than one-tenth (1 ⁄ 10) of an acre. Except for applications of restricted use pesticides in greenhouses and nurseries, to which the requirements of paragraph (a) of this section apply, these records shall include the following information for the application: ( 1 ) The brand or product name, and the EPA registration number of the restricted use pesticide that was applied;
( 2 ) The total amount of the restricted use pesticide applied;
( 3 ) The location of the application, designated as “spot application,” followed by a concise description of location and treatment; and
( 4 ) The month, day, and year on which the restricted use pesticide application occurred.
( c ) The information required in this section shall be recorded within 14 days following the pesticide application. However, whether or not the written record has been completed, the certified applicator shall provide the information to be recorded in accordance with § 110.5(a).
( d ) The records required in this section shall be retained for a period of 2 years from the date of the restricted use pesticide application and be maintained in a manner that is accessible by authorized representatives.
( e ) A commercial applicator shall, within 30 days of a restricted use pesticide application, provide a copy of records required under this section or under State or Federal regulations (whichever is applicable) under which the commercial applicator is holding certification, to the person for whom the restricted use pesticide was applied.
( f ) A certified applicator shall, upon oral request and presentation of credentials by an authorized representative, make available to the authorized representative the records required to be maintained under this section and permit the authorized representative to copy any of the records. The original of the records required to be maintained under this section shall be retained by the certified pesticide applicators.
( g ) No Federal or State agency shall release information obtained under this part that would directly or indirectly reveal the identity of producers of commodities to which restricted use pesticides have been applied.
( h ) Certified applicators who apply restricted use pesticides in States where they are required to maintain records on applications of restricted use pesticides, comparable to those for commercial applicators in that State, and such records are maintained in accordance with State requirements, are not subject to paragraphs (a), (b), and (c) of this section.
[58 FR 19022, Apr. 9, 1993, as amended at 60 FR 8123, Feb. 10, 1995]