21—45.26 (206) Record-keeping requirements. Commercial applicators and retail dealers shall maintain records with respect to application of pesticides for a period of three years from the date of application of the pesticides to which the records refer; and shall furnish copies to the secretary upon request in writing.
	 45.26(1) Retail dealers—sales to certified applicators. Each restricted use pesticide retail dealer shall maintain at each individual dealership records of each transaction where a restricted use pesticide is made available for use by that dealership to a certified applicator. Record of each transaction shall include the following information:
	  a.   	 Name and address of the residence or principal place of business of each person to whom the pesticide was made available for use.
	  b.   	 The certification number on the document evidencing that person’s certification, the state (or other governmental unit) that issued the document, the expiration date of the certification and the categories in which the applicator is certified, if appropriate.
	  c.   	 The product name, EPA registration number granted under Section 24(c) of the FIFRA (if any) on the label of the pesticide.
	  d.   	 The quantity of the pesticide made available for use in the transaction.
	  e.   	 The date of the transaction.
	 45.26(2) Sales to uncertified persons. No dealership may make a restricted use pesticide available to an uncertified person unless the dealer or dealership can document that the restricted use pesticide will be used by a certified applicator and the dealer or dealership maintains the records required in this subrule. Each restricted use pesticide retail dealer shall maintain records at each individual dealership of each transaction where a restricted use pesticide was made available to an uncertified person for use by a certified applicator. Records of each transaction shall be maintained for a period of 36 months after the date of the transaction and shall include the following information:
	  a.   	 The name and address of the residence or principal place of business of the uncertified person to whom the restricted use pesticide is made available for use by a certified applicator.
	  b.   	 The name and address of the residence or principal place of business of the certified applicator who will use the restricted use pesticide.
	  c.   	 The certified applicator’s certification number, the state (or other governmental unit) that issued the certification document, the expiration date of the certification and the categories in which the applicator is certified, if appropriate.
	  d.   	 The product name, EPA registration number and the state special local need registration number granted under Section 24(c) of the FIFRA (if any) on the label of the pesticide.
	  e.   	 The quantity of the pesticide made available for use in the transaction.
	  f.   	 The date of the transaction.
	 45.26(3) Commercial applicators. Every commercial applicator shall make, or cause to have made, office records of all application activities on each pesticide applied. Records for application activities involving more than one licensed commercial applicator or billed through a licensed pesticide dealer shall be maintained by each licensee. Each set of records shall include the following:
	  a.   	 The name and license number of the licensee.
	  b.   	 The name and address of the landowner or customer.
	  c.   	 Address of the place of application of restricted use pesticide.
	  d.   	 Date of pesticide application.
	  e.   	 Trade name of pesticide product used.
	  f.   	 The quantity of pesticide product used and the concentration or rate of application.
	  g.   	 If applicable, the temperature and the direction and estimated velocity of wind at time of application to any outdoor area.
	  h.   	 Use of “restricted use” pesticide.
	  i.   	 Time pesticide application begins and ends.
This rule is intended to implement Iowa Code sections 206.11(3) and 206.15.
[ARC 7572B, IAB 2/11/09, effective 1/22/09]