Overview of New Requirements (Effective July 1, 2024)
As of July 1, 2024, the Indiana General Assembly enacted Senate Enrolled Act (SEA) No. 216, updating the rules for the direct supervision of noncertified applicators using Restricted Use Pesticides (RUPs). This law aligns Indiana’s standards with the federal requirements in 40 CFR § 171.201.
Who Can Use Restricted Use Pesticides (RUPs)?
Any individual applying a RUP must meet one of the following qualifications:
- Be at least 18 years old; and
- Be a certified and licensed applicator, or
- Be operating under the direct supervision of a certified and licensed applicator employed by the same business, organization, or farm.
Types of Applicator Certification
Commercial Applicators:
- Must pass a written core exam
- Must pass a category-specific exam based on intended use
Private Applicators:
(May apply RUPs only on land they own or control for producing agricultural commodities.)
- Must pass a written core exam
- Must also pass a category-specific exam to apply:
- Fumigants (Category 7D)
- Aerial applications (Category 11 — plane, helicopter, or drone)
Direct Supervision Requirements for Noncertified Applicators
- Accept legal responsibility - The certified and licensed supervisor is legally responsible for all pesticide-related actions of the noncertified applicator.
- Ensure Mandatory Annual Training - Noncertified individuals must complete approved annual training.
See: Mandatory Annual Training Options for Non-Certified Applicators - Applying RUPs - Maintain Training Records for Two Years - The supervisor must keep the following records:
- Noncertified individual’s name and signature
- Date of the training
- Name of the trainer
- Title of training (e.g.):
- WPS Pesticide Handler Training
- Pesticide Safety Training for Noncertified Applicators Using RUPs
- Provide Worksite Safety Oversight - The supervisor must ensure the noncertified applicator has:
- Access to product labels at all times during application
- Clean, available, and properly used personal protective equipment (PPE)
- Understandable site-specific instructions on:
- Application location
- Precautions
- Directions for use
- Potential adverse effects
- Daily verification that mixing, loading, transferring, and application equipment is operating properly
- Immediate communication method with the certified supervisor
- Supervisor’s physical presence at the worksite, if required by the pesticide label