The MDA's certification plan was required to be revised to meet the new standards of the Environmental Protection Agency (EPA) certification rule (revised in January 2017). This revision of the MDA’s certification plan was to ensure that our plan stays in compliance with revised federal certification rule and the MDA has the authority in the state to issue licenses/certifications to pesticide applicators. Below is a list of Frequently Asked Questions (FAQs) received from industry with the MDA responses on the new statutory requirements of revised certification plan for the Mixer/Loader/Handler.
If spray equipment does not have an RUP present when a mechanic is repairing or maintaining spray equipment, they do not need a license.
Yes, they need to take same exam(s) in the category(s) they are mixing the products.
No, they do not need a license.
No, they do not need a license.
No, they do not need a license.
Yes, they need a license.
No, they do not need a license.
Yes, they need a license.
Yes, they need a license.
No, the MDA’s revised certification plan does not allow this. They need to take certification exams in categories (based on their line of work) just like pesticide applicator.
No, they do not need a license.
If the individual is handling an opened RUP container, they need a license. If the container is still sealed, no license is required.
If the container of RUP has been opened, they will need to be 18 or older and licensed.
The statute can be found on the Minnesota State Revisor's website, Minnesota Session Laws - 2024, Regular Session,.Chapter 126.
- Chapter 126, Article 1, Section 13, 18B.01 subd.1d (mixer, loader, and handler)
- Chapter 126, Article 1, Section 13, 18B.32, 18B.33, 18B.34 (minimum age of at least 18 years)
If the driver is not mixing, loading, handling, or applying open RUP containers, they do not need a license.
In 2017, EPA made updates to the federal certification RULE and requires all states to make changes to their certification plan that meet or exceed the federal certification plan.
How do these changes align Minnesota’s regulations with federal standards?
The MDA’s previous plan did not have requirements on minimum age and a licensure for mixer/loader/handler. The MDA seeks these legislative changes to align (in compliance) with the federal certification plan and allow the MDA to have the authority to run the certification plan in our state.
- Minimum age of at least 18 years or older
- Mixer/loader/handler need a pesticide license to work with RUPs.
How do these changes affect different categories of pesticide applicators and handlers?
These changes won’t affect pesticide applicator; however, these changes will affect mixer/loader/handler who work with open RUPs. Just like the applicator, they will need a license (structural, commercial, or noncommercial) with the categories based on their line of work.
The MDA is using the definition of use in the federal certification rule, and it includes transportation of RUPs as part of handling of pesticides. However, if the driver is not handling open RUP containers, then they do not need a license.
Could you clarify under what circumstances transportation activities require licensing?
Here is one circumstance: if the driver loads or unloads the vehicle with opened RUP container(s), they would be required to have a license.
Mixer/Loader/Handler will be required to hold the same license (structural, commercial, or noncommercial) as the applicator holds within that pesticide industry with the same categories.
Are there any exemptions or special conditions?
While there are no exemptions or special conditions, the MDA will continue to review each unique scenario presented to us and determine if they need a license or not.
An opened RUP container is a container that has its seal broken.
Could you provide examples of scenarios where a license is or isn’t required? Mini-bulk, 2.5 sealed jug, 2.5 partial jug, open bag of an RUP.
- Mini-bulk- if sealed - no license required
- 2.5 sealed RUP jug - no license required
- 2.5 open RUP jug - license is required
- 2.5 partial RUP jug - license is required
- Open bag of RUP- license required
Any RUP container/jug/bag that has not been opened can be handled by an unlicensed individual.
A “sealed container” has the original manufacturers or repack seal intact. Handling of partially used containers needs a license.
What are the compliance expectations for handling these containers?
The MDA compliance expectations of bulk and partially used containers are- if anyone is handling partially use restricted use chemical containers, they need a license.
If the nurse/tender truck does not mix, load, and/or handle open RUPs, they do not need a license.
Does the MDA have additional guidance for drivers involved only in transportation?
If the driver does not mix, load, and/or handle open RUPs, they do not need a license otherwise they need a license.
These legislative changes were effective on August 1. The MDA needed some time to update online and paper application forms for different licensures to add the new requirements; hence, the MDA letter went out on August 6th. The MDA had been notifying the pesticide industry about these new changes through recertification workshops and pest industry association meetings.
Will there be a grace period for compliance? The letter states August 1st for compliance. It would be helpful for the MDA to outline their “path” to compliance/enforcement?
The MDA has started communication with pesticide industry on these legislative changes.
Minimum age requirement went in effect on August 1, 2024. Those who have already acquired a license at less than 18 years will remain licensed until their license expires. They will not be able to renew their license if they remain under 18 years old.
Mixer/loader/handler requirement went in effect on August 1, 2024, and MDA will continuously disseminate the information on this new requirement through different channels for the next three years to bring people in compliance who mix/load/handle open RUPs.
There will not be a separate “handler” license; Minnesota statute does not allow non-certified applicators to work under the supervision of a certified applicator.
What are the challenges or barriers to implementing these options?
The MDA licensing software shows that there are only handful of certified applicators who are under 18 years and secondly, the MDA has limited the mixer/loader/handler license to those who work with open RUP products. A certified applicator, in addition to application, can mix/load/handle RUP with their current licensure. MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years.
The MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years.
How will businesses be supported in meeting these new requirements?
The MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years. The MDA will continue to communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, and attend pesticide association meetings.
The delivery individuals do not need a license if they are not handling these. However, if an individual is handling the open RUP container, they need a license.
Does the MDA plan to assist businesses in adapting to these requirements?
Yes, the MDA will be working with the industry to bring these new people (who mix/load/handle RUPs) in compliance for the next three years. The MDA will continue to communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, and attend pesticide association meetings.
The new requirements will not impact chemical dealers who sell sealed restricted use pesticides to MN end users. However, farmers (private applicator) who apply RUPs on their farm must be 18 years or older and if those who mix/load/handle RUPs and are not certified, they need private certification.
What steps can these small businesses (dealers) take to ensure compliance?
The new requirements will not impact chemical dealers who sell sealed restricted use pesticides to MN end users.
Can you address situations with, repack, returning goods that are in sealed totes or caged tanks.
An individual returning an RUP in sealed container/bag/tote does not need a license. If an individual is a certified applicator and they are returning an open RUP container/bag/tote (full or partial), they do not need an additional license.
Yes, the new licensing requirements pertain to definition of ‘use’ for mixer/loader/handler are exclusively apply to Restricted Use Pesticides (open containers/bags/tote).
Could you provide examples to clarify the scope of these regulations. Explain what makes a chemical an RUP and what is the chance of more being added to the list?
The designation of a pesticide is determined in the EPA registration process, and it is EPA’s decision if a pesticide product is designated as RUP or not.
Is there a link to RUPs that are licensed for sale in Minnesota?
Currently registered pesticide products including RUP in Minnesota can be found by using the Registered Product Search.
The label of pesticide product indicates if it is an RUP or not.
As per new regulations, if an individual mixes/loads/handles an RUP, they need a license. As per existing regulations, if an individual applies impregnated dry fertilizer (impregnated with a General Use Pesticide like Roundup) for hire, they are required to have a license, if an individual applies impregnated dry fertilizer (impregnated with an RUP like Atrazine) for hire or on their farm, they need a license or certification.
The MDA has just started implementing their revised certification plan and has not had a chance to renew their reciprocity agreements with other states. Once we renew our reciprocal agreements and the MDA finds that the state, we are reciprocating has equal standards (categories competencies, same requirements etc.) for handler’s license, the MDA will allow handlers for reciprocity.
How will cases of RUPs crossing state lines into Minnesota be handled?
If someone is handling open RUP containers in Minnesota, they do need a license.
An individual with current private certification does not need any additional requirement for mixing/loading/handling, their current certification will allow them to do mixing/loading/handling of RUPs. However, those who ONLY mix/load/handle RUPs and are not currently certified, they need private certification.
What additional steps will farmers need to take to remain compliant?
An individual with current private certification, farmer who applies RUPs on their farm, does not need any additional requirement to remain in compliant. Their current certification is sufficient to mix/load/handle RUPs.
For mixer/loader/handler, there is no requirement of recordkeeping. For pesticide applicators, there are 3 new requirements added to Pesticide Application Records:
- Size of treated area/units treated
- Total amount of RUP applied/application
- Crop, commodity, stored product, animals, or sites treated for RUP applications
Revised recordkeeping templates can be found on the Pesticide Application Record Templates page.
How can businesses prepare, and what support will the MDA offer for the new record-keeping requires?
For mixer/loader/handler, there is no requirement of recordkeeping. For pesticide applicators, there are three new requirements added to Pesticide Application Records:
- Size of treated area/units treated
- Total amount of RUP applied/application
- Crop, commodity, stored product, animals, or sites treated for RUP applications
Revised recordkeeping templates can be found on the Pesticide Application Record Templates page.
For new application recordkeeping requirements, the MDA will be working with pesticide industry to bring applicators in compliance for the next three years. The MDA has started communicating on recordkeeping and other legislative changes with industry via recertification workshops, mass mailing, emails, and meetings with industry associations.
The MDA will be working with pesticide industry to bring these new individuals (who mix/load/handle RUPs) in compliance for the next three years. The MDA will communicate these new requirements to regulated clientele using, the MDA webpage, mass mailings, emails, recertification workshops, attending pesticide association meetings. The MDA may pursue an enforcement action when individuals do not get the right license after repeated warnings. Also, an enforcement action may be taken without any warning if an applicator provided false information about themselves on the application form.
Will there be routine inspections or audits to ensure compliance?
At this point, the MDA is not planning to conduct routine inspections specifically to mixer/loader/handler licensing requirements.
RUPs have the higher potential to cause unreasonable adverse effects to the environment and injury to applicators or bystanders without added restrictions. Having these products applied and handled by licensed individuals reduce the risk to our environment.
Can you share any data or research that informed these changes?
EPA categorize pesticides as an RUP based on their risk assessment.
If the independent contractor just drives their truck, they do not need a license, but if the independent contractor helps in mixing/loading/handing of RUPs, they need a license. It is the independent contractor’s responsibility to hold the appropriate license.
A private owner operator is hired to provide a truck and driver to pull coop XYZ’s tender trailer. Would they be required to obtain a Commercial license? Is a private license sufficient?
If a private owner operator’s driver just pulls coop XYZ’s tender trailer they do not need a license, but if the private owner operator’s driver helps in mixing/loading/handing of RUPs for hire, they need a commercial license. Private certification is ONLY for those who apply/mix/load/handle RUPs at their farm for the production of farm commodity.
The MDA plans to communicate these changes over the next three-year cycle to regulate clientele using, the MDA webpage, mass mailings, emails, recertification workshops, attending pesticide association meetings.
Are there any accommodations available for these individuals?
While there are no exemptions or special accommodations, the MDA will continue to review each unique scenario presented to us and determine if they need a license or not.
No, you do not need a license to handle repacked SEALED RUPs.
Yes, they would be covered under the same financial responsibility proof as the applicators.
No, as long as they are not directly handling the RUP.
No license would be required if the staff present on application site is not mixing or loading RUPs.
No
No
