Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides

SUMMARY: The Agricultural Marketing Service (AMS), United States

Department of Agriculture, is delaying the effective date of a final

rule previously published in the Federal Register on February 10, 1995,

which amended the regulations at 7 CFR Part 110 governing recordkeeping

of federally restricted use pesticides by certified applicators. This

action delays the rule's effective date from May 11, 1995, to August 1,

1995.

EFFECTIVE DATE: The effective date of the regulation published on

February 10, 1995, amending 7 CFR Part 110, is August 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Bonnie Poli, Chief, Pesticide Records Branch, Science Division, AMS,

8700 Centreville Road, Suite 200, Manassas, VA 22110, 703-330-7826.

SUPPLEMENTARY INFORMATION:

Background

As part of the Food, Agriculture, Conservation, and Trade Act of

1990 (7 U.S.C. 136i-1), Congress mandated the establishment by the

Secretary of Agriculture, in consultation with the Administrator of the

Environmental Protection Agency, of requirements for recordkeeping by

all certified applicators of federally restricted use pesticides.

The regulations at 7 CFR part 110, ``Recordkeeping Requirements for

Certified Applicators of Federally Restricted Use Pesticides,''

(hereinafter referred to as the regulations) require certified

pesticide applicators to maintain records of federally restricted use

pesticide applications for a period of 2 years. The regulations also

provide for access to pesticide records or record information by

federal or state officials, or by licensed health care professionals

when needed to treat an individual who may have been exposed to

restricted use pesticides, and penalties for enforcement of the

recordkeeping and access provisions.

On April 6, 1994, AMS published a document in the Federal Register

(59 FR 16400-16403) proposing to amend the recordkeeping regulations

for federally restricted use pesticides. The final regulations revise

the definitions of the terms ``medical emergency'' and ``licensed

health care professional,'' provide new requirements for recording

location of ``spot applications'' of federally restricted use

pesticides, reduce the time period for a certified applicator to make a

record of the application of a federally restricted use pesticide,

clarify the circumstances under which licensed health care

professionals may obtain, utilize, and release restricted use pesticide

records or record information, and clarify the penalty provisions in

the regulations. The final rule was published on February 10, 1995, (60

FR 8118-8124). The effective date of the final rule that was published

on February 10, 1995 was May 11, 1995.

Since the publication of the final rule, AMS has received a number

of comments from agricultural organizations expressing concern that the

May 11, 1995, effective date did not allow certified applicators

adequate time to be informed of the new requirements or make changes in

existing recordkeeping procedures. The May 11, 1995, effective date

also comes at the peak of spring planting season for many private

certified applicators, the majority of whom are farmers. Based on these

comments and re-evaluation of the timing of the effective date, AMS has

determined that additional time is appropriate for the final

regulations to become effective. The additional time will provide AMS

adequate time to inform certified applicators of the new pesticide

recordkeeping requirements and will reduce the burden on certified

applicators to make changes in recordkeeping procedures during the peak

of the spring planting season.

Therefore, the Effective Date of the final rule that was published

February 10, 1995, (60 FR 8118-8124), is delayed from May 11, 1995 to

August 1, 1995.

Dated: May 8, 1995.

William J. Franks, Jr.,

Director, Science Division.

[FR Doc. 95-11656 Filed 5-10-95; 8:45 am]

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