Legislative Changes Regarding the Use of Pesticides in Indiana

Below, you will find documents outlining the legislative changes that the governor signed this week regarding the use of pesticides in Indiana. These changes will go into effect July 1, 2024, but OISC will implement the less stringent measures immediately. Cheri Janssen, Purdue Pesticide Programs Curriculum Development Specialist, is already working on updating materials to reflect these changes. The main changes are:

• There is now an option for Commercial applicators of NON restricted-use pesticides to become RT’s by several different options including watching a video as well as passing the core exam or attending in-person training.
• Restricted Use Pesticides can be applied by non-certified individuals (non-credentialed as well) if the federal direct supervision rules are followed (see the attached document for the complete list of actions required).
• Less restrictive bulk containment rules (containers of ag pesticides of 500 or greater as opposed to 55 gallons).

Below is information about ‘Direct Supervision of Noncertified Applicators Using Restricted Use Pesticides’. More documents are available at the end of this article.

Direct Supervision of Noncertified Applicators Using Restricted Use Pesticides

Effective July 1, 2024, the Indiana General Assembly adopted Senate Enrolled Act No. 216 to amend and clarify direct supervision requirements for noncertified applicators using Restricted Use Pesticides (RUPs).  SEA #216 adopted the federal requirements for direct supervision in 40 CFR 171.201 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171/subpart-C/section-171.201. Following is a summary of the new requirements.

1. Use of a Restricted Use Pesticide (RUP)
   1. Any individual that uses any RUP for any purpose or on any property must be:
      • at least 18 years of age; and
      • a certified and licensed applicator; or
      • operating under the direct supervision (see #5 below) of a certified and licensed applicator employed by the business, organization, or farm operation.
   2.  To qualify as a commercial certified applicator, an individual must pass a written:
      • core exam; and
      • category-specific exam
   3. To qualify as a private applicator (uses a RUP on property personally owned or controlled for producing an agricultural commodity), an individual must pass a written core exam but must also pass a category specific exam to use fumigants (category 7D) or to apply aerially by plane, helicopter, or drone (category 11).

2. Direct Supervision of a Noncertified Individual Using a Restricted Use Pesticide (RUP)
   1. The certified and licensed supervisor shall be legally responsible for all requirements and activities by the noncertified applicator.
   2. The noncertified individual must complete one of the following mandatory training options annually, listed at https://oisc.purdue.edu/pesticide/training_nca_rups.html .
   3. The certified and licensed supervisor must keep records for two years for the training in item 5b above, that includes the following:
      • Noncertified individual’s name and signature.
      • Date of the training.
      • Name of the trainer.
      • Title of specific annual training, i.e.
        • WPS Pesticide Handler Training.
        • Pesticide Safety Training for Non-Certified Applicators Using RUPs.
   4. The certified and licensed supervisor must ensure the following for the noncertified individual:
      • Access to product labeling at all times during use.
      • Personal protective equipment is available, clean, and is being worn correctly.
      • Understandable site-specific instructions covering precise location, precautions, use directions, and potential adverse effects.
      • Daily proper operation verification of all mixing, loading, transferring, and application equipment.
      • Means of immediate communication between the noncertified applicator and the certified and licensed supervisor.
      • Physical presence of certified and licensed supervisor at the work site, if required by label.

Questions regarding certification requirements should be addressed by Leo Reed, Certification Manager, OISC, 765494-1588, reedla@purdue.edu. Bulk Storage of Pesticides and Fertilizer questions can be asked of the Fertilizer Section of OISC at  fertregistration@groups.purdue.edu

Download all the documents here or visit the OISC website:

These documents have been posted on the OISC website https://oisc.purdue.edu/pesticide/index.html  under the News section.

1. Direct Supervision of Noncertified Applicators Using Restricted Use Pesticides
2. Bulk Storage & Containment Requirements for Fertilizers & Pesticides
3. Training, Certification & Licensing Requirements for Indiana Pesticide Users