Summary of Pesticide Recordkeeping Regulations

Which pesticide uses and which applicators are covered?

In South Carolina, pesticide applicators may be required to maintain records or display information on their pesticide applications under at least four different regulations. All of these regulations require that information or records be made on a per application basis. A given application may be affected by more than one of these regulations. The following information is provided as a brief summary of the recordkeeping requirements of these regulations. You must consult the regulations and individual pesticide labels for complete information.

EPA's Worker Protection Standard - WPS

The WPS does NOT have a recordkeeping requirement as such. However, it DOES require that certain information on individual pesticide applications be displayed for a period of time (the Restricted Entry Interval (REI) + 30 days), but has no provision requiring ag employers or applicators to "maintain records" of applications. Some of the required information to be displayed is the same information required to be kept under the USDA Federal pesticide recordkeeping requirement (see below).

  • The WPS covers ALL pesticides (RUPs and general use) used in the production of agricultural plants. (See the WPS and individual pesticide labels for additional information.) Pesticide and application information to be provided or displayed to WPS employees should be provided for all appropriate pesticides, regardless of whether or not the pesticides are RUPs.
  • The WPS affects agricultural employers (agriculture plant production, nurseries, greenhouses, and forestry operations). It does not matter if the ag employer is or isn't a Certified Applicator.

 South Carolina Pesticide Control Act - SCPCA

  • The SCPCA covers the sale and use all pesticides registered in South Carolina.
  • SCPCA recordkeeping requirement:
    1. Records must be maintained by each company or firm employing licensed commercial or noncommercial pesticide applicators, each licensed commercial applicator if self-employed, and by the employer of each licensed noncommercial applicator, of all pesticides (herbicides, insecticides, etc.) used.
    2. The record must include the quantity of each pesticide used, received, or purchased, the common chemical name of the active ingredient(s) (not the product name), the pest or purpose for which the pesticide was applied, and the date and place of application. It is not necessary to list the pests involved for general household insect control or for general insect control measures in commercial and industrial establishments. In these cases the record may indicate merely "household pests" or "general insect control."
    3. Records of pesticide applications must be maintained by the company, firm, or licensed commercial or noncommercial applicator as detailed below:
      1. For pre-construction termite-control treatments ("pretreats"), including the installation of bait systems and baits containing active ingredients, records of termiticide application must be maintained for a period of five (5) years or as long as a continuing warranty or contract exists, whichever is longer, and must be made available to the Director or his designee for review and duplication upon request at the expense of the Department.
      2. For post-construction termite control treatments, including the installation of bait systems and baits containing active ingredients, records of termiticide application must be maintained for a period of two (2) years from the date of application or as long as a continuing warranty or contract exists, whichever is longer, and must be made available to the Director or his designee for review and duplication upon request at the expense of the Department.
      3. Records of pesticide applications other than termiticides must be maintained for a period of two (2) years from the date of the application.
    4. The Director may request records of all pesticides used by any applicator. This includes application records as well as any records of or related to pesticides purchased or otherwise received by the applicator. The expense of copying or duplicating those records shall be paid by the Department.
  • Commercial Applicators must provide copies of application records to clients who are Certified Private Applicators within 30 days of an application of an RUP.

South Carolina Backflow Prevention, Chemigation Act - SCBPCA

  • The SCBPCA affects ALL chemicals (fertilizers, plant growth regulators, pesticides (both general use and RUPs), etc.), applied to agricultural crops, nurseries, turf, golf courses, greenhouse sites, or land through irrigation equipment. This includes overhead irrigation, trickle irrigation, etc.
  • The ability to use pesticides in chemigation is on the individual product label.
  • The SCBPCA affects any chemigator, whether or not the individual is a Certified Applicator.
  • When the water supply used in chemigation is a public water supply, the SCDHEC's State Safe Drinking Water Act must be complied with.

USDA Federal Pesticide Recordkeeping Requirement

  • The Federal pesticide recordkeeping requirement covers RUPs ONLY.
  • It affects both Certified Private and Commercial Applicators in states with no recordkeeping requirements.
  • In South Carolina, Certified Commercial Applicators were already required to keep records of their RUP applications by the SCPCA (above). This federal regulation now requires that Certified Private Applicators also keep records of their RUP applications.

Food, Agriculture, Conservation and Trade Act (FACT)

Commercial applicators already maintain records of their Restricted-use pesticide applications under the provisions of the South Carolina Pesticide Control Act. Pesticide recordkeeping requirements for Private applicators come under the provisions of the federal Food, Agriculture, Conservation and Trade Act, otherwise known as the "1990 Farm Bill".

Under this act, Private applicators are required to keep the following records when they apply Restricted-use pesticides:

  • the brand or product name;
  • EPA registration number of the pesticide applied;
  • the total amount of product applied;
  • the size of the treated area;
  • the crop, commodity, stored product or site to which the pesticide was applied;
  • the location of any application, including any spot application;
  • the month, day and year of the application;
  • the certified applicator's name;
  • and the license number of the certified applicator.

All pesticide application records must be retained for a period of 2 years from the date of the application. Private applicators must complete the record for an application within 14 days following the application. Commercial applicators who apply Restricted-use pesticides on a property must provide the owner of that property with a copy of the necessary information after the application is completed. If an emergency occurs requiring immediate medical treatment, these application records must be accessible to the attending licensed healthcare professional or someone working under that professional's direct supervision.

The Food, Agriculture, Conservation and Trade Act is administered by the USDA Agricultural Marketing Service.