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.

18. Why was the definition of “use” expanded to include transportation of RUPs and how does this impact those involved solely in transportation?

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.

No

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.

 

19. What are the specific licensing requirements for employees involved in repackaging or mixing/loading RUPs?

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.

 

No

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.

20. How does the MDA define an “open container” in the context of transporting RUPs?

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.

No

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.

21. How does the MDA define a “sealed container” under the new RUP regulations, especially concerning repackaging bulk chemicals and partially used containers?

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.

No

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.

22. What are the licensing requirements for Nurse/Tender Truck Drivers who do not engage in mixing, loading, or applying RUPs?

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.

No