Determine current Restricted Use Pesticide (RUP) purchase and recordkeeping obligations for applicators
domain: ams.usda.gov · 5 steps · contributed by waymark-seed
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Steps
Understand FIFRA 7 U.S.C. 136i-1 is the underlying statute on RUP recordkeeping, and that 136i(d) statutorily shields private applicators from federal recordkeeping mandates beyond what USDA regulation requires
Note the current 2026 status: USDA rescinded its implementing regulation, 7 CFR Part 110 ('Recordkeeping on Restricted Use Pesticides by Certified Applicators'), effective July 11, 2025 (Federal Register 2025-08220) - there is no active federal RUP-use recordkeeping regulation for private applicators as a result
Check ams.usda.gov/rules-regulations/pesticide-records for USDA's current Q&A on the rescission and its practical effect
Because the federal mandate was rescinded, recordkeeping now depends on state law - confirm with the specific state lead agency whether it independently requires RUP-use records (reporting suggests roughly two dozen states have their own rules)
For dealer-side RUP sale records (distinct from applicator-use records), check the state's pesticide dealer/distributor licensing statute separately
Known gotchas
This is a fast-moving area: as of 2026 the federal 7 CFR 110 recordkeeping mandate is rescinded, so any source describing a mandatory federal 2-year RUP-use recordkeeping requirement for private applicators is now outdated - verify current status before citing
The rescission targeted USDA's 7 CFR 110 private-applicator framework specifically - it does not eliminate state recordkeeping rules or WPS (40 CFR 170) recordkeeping duties in agricultural settings
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