Updated 11/12/09

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Under the authority of 15.58 RCW - the Washington Pesticide Control Act and 17.21 RCW - the Washington Pesticide Application Act, the Compliance Branch enforces federal and state regulations relating to the storage, distribution, transportation, disposal and use of pesticides. We believe that the most effective way to protect people and the environment from pesticide exposure is through voluntary compliance with these laws. We strive to accomplish this through effective outreach and hands-on assistance to those working to comply backed up by a strong enforcement presence for those who do not.

• Choosing a commercial spray company
• Applicator requirements
  • Pesticide labels
  • Recordkeeping
    • Recordkeeping Forms, Versions 1-5
  • Public Schools (K-12) and Licensed Day Care Centers
  • Posting
    • Landscape Applications
    • Agricultural Applications
• Dealer requirements
• Structural pest inspections
• Investigations of pesticide misuse
• Penalties for violating pesticide law
• Orchard pesticide use restriction information
• Custom Blend Policy

Choosing a commercial spray company

Washington pesticide law requires most businesses that commercially apply pesticides to the property of another to be licensed as a Commercial Applicator. If you are considering having a pesticide application made to your property, WSDA recommends that you verify the current licensing status of the company and their employees (who should be licensed as Commercial Operators).

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Applicator requirements

Applicators must be knowledgeable about and comply with a number of areas of pesticide law. First and foremost, they must be aware that pesticide labels are legal documents that must be precisely followed. Deviations from the directions on pesticide labels, with a few exceptions, constitute a violation of state and federal law. Other requirements that applicators must be aware of include, but are not limited to, licensing, recordkeeping, posting and storage.

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Pesticide Labels
The pesticide label provides valuable information about proper handling and use of the pesticide, potential risks the pesticide may pose to humans, animals, plants and the environment, and instructions on how to minimize or avoid those risk. Every person who applies pesticides has the responsibility to read and follow the label information so no harm results from handling pesticides from the time of purchase through ultimate use or disposal.
Before you buy a pesticide, read the label to determine these basics:

• Where the pesticide can and cannot be applied
• If the pesticide will control the pest or pests
• If the pesticide can be applied safely and legally under the application conditions
• Necessary application and safety equipment
• Amount of pesticide needed for the application (buy only the amount needed)
• Relevant restrictions for use of the pesticide

Pesticide labels are legal documents. Except where otherwise allowed by law, the applicator must conform with all label instructions. The most common violations of pesticide law involve use inconsistent with the label. If you are uncertain about what pesticide to apply or how to legally use one, please contact a knowledgeable source. Pesticide manufacturers, dealers and cooperative extension agents are all excellent sources of information. For official label interpretations, please contact pesticide registration staff at (360) 902-2030.

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Recordkeeping
All certified applicators who apply pesticides and all persons applying pesticides to more than one acre of agricultural land in a calendar year, including public entities engaged in roadside spraying of pesticides, must keep records of their pesticide applications for seven years. In addition, unlicensed pesticide users are required to maintain records when performing landscape applications to sites including, but not limited, to schools, day cares, apartment complexes, shopping centers, golf courses, and parks.

Records may be kept in any format as long as the required information is included. WSDA may require that records be submitted on a prescribed form. Currently, there are five forms available with selection determined by the type of application and the applicator's preference.

The requirement for application records and WSDA approved forms are found in RCW 17.21.100 of the Washington Application Act and WAC 16-228-1320 of the Rules relating to General Use Pesticides.

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Posting

• Landscape applications
  RCW 17.21.410 of the Washington Pesticide Application Act establishes the posting requirements as they relate to landscape applications. The purpose of this requirement is to protect any individual who may be entering the treated area.
  
  The law requires a certified applicator making a landscape application to place a marker at the usual points of entry to the property. Markers must be placed at the time of the application, be a minimum of four inches by five inches and contain the words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. The company name and service mark with the applicator's telephone number where information can be obtained shall be included between the headline and the footer on the marker. The letters and service marks shall be printed in colors contrasting to the background.
  
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• Agricultural applications
  The posting requirements for agricultural applications are found in WAC 16-233-125 and 16-233-215 of the Worker Protection Standards and on pesticide labels. The purpose of these requirements are to protect agricultural workers and pesticide handlers from exposure to pesticides.
  
  These rules require agricultural employers to provide adequate notification of applications to their employees. Except for greenhouse applications which require posting at a minimum, these may be oral or posted unless the pesticide label requires both. Employers must inform their employees which method of notification is used.
  
  If oral notification is used, the Standard requires employers to inform worker and handler employees of 1) the location and description of the treated area and 2) the length of the Restricted Entry Interval (REI) in effect and that there is no entry allowed during that period. The warning must be made in a manner that the employee understands and it must be given before the application for employees who are already on the establishment and at the start of work periods for those entering the property after the application begins.
  
  If posted notification is used, a sign required by WAC 16-233-125(3) of the Worker Protection Standards must be put up just before the application and removed within 3 days of the expiration of the REI. The sign must be in English and Spanish although a language other than Spanish may be used if that is the predominant language of the employer's affected workforce. The sign must be 14" x 16" unless it is being used for nursery or greenhouse applications. The size of the smaller signs is dependent on the distance between signs and is as follows:
  
  

  Distance between signs	Required size
  25 feet or less	4.5" x 5"
  50 feet or less	7" x 8"

  There are specific instances when employers are exempt from providing oral or posted notification. Employees who will not be in or within 1/4 mile of the treated area or entering a greenhouse during the application or while the REI is in effect, and employees directly involved in the application do not need to receive notification.

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Dealer requirements
Individuals who supervise the sale and or distribution of any pesticide except those labeled solely as home and garden pesticides must obtain a pesticide dealer managers license as required in RCW 15.58.200 of the Washington Pesticide Control Act. In addition to the pesticide dealer manager license, each location or outlet at which pesticides are distributed except those who distribute home and garden products only, must also obtain a pesticide dealer license as required in in RCW 15.58.180 of the Washington Pesticide Control Act. Dealer managers are also required to keep records concerning the sale of general use as well as restricted use pesticides Information concerning the record keeping requirements for pesticide dealer managers can be found in WAC 16-228-1300 of the General Pesticide Rules as well as in the WSDA Law and Regulation Hand-Out Booklet.

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Structural pest inspections

• Join the Pest Inspectors Listserv

A home is the most important investment people make during their lifetime. To assure homeowners that their investment is free from structural pests such as termites, carpenter ants, and rot fungi (common in the Pacific Northwest), many lenders and realtors will recommend that a structural pest inspector be hired to examine the residence. By law, the act of inspecting for pests, their signs, or conducive conditions requires one to be licensed by the WSDA. In addition, structural pest inspectors must be bonded or insured and must use WSDA-issued Inspection Control Numbers. The following links detail these requirements:

• New! Home Inspector vs. Structural Pest Inspector Licensing
• New! What Home Inspectors Can Say About Wood Destroying Insects
• Structural Pest Inspector Requirements Fact Sheet
• Structural Pest Inspector Examination Process
• Fact Sheet for Mortgage Lenders and Realtors
• Obtaining and Using Inspection Control Numbers

To determine if an individual is licensed as a Structural Pest Inspector, go to the license search page.

Rules governing structural pest inspections are found in Rules Relating to Wood Destroying Organisms, WAC 16-228-2005 through 16-228-2060. 

The WSDA requires that structural pest inspectors be professional, accurate, and thorough. Unfortunately, some individuals have limited knowledge about structural pests and incorrectly assess an infestation or, they act in a fraudulent manner and make claims about infestations or damages that are non-existent. Due to the nature of structural pest inspections (in crawl spaces and other out-of-the-way places), consumers have a difficult time determining if the services purchased are properly delivered. It is very important to educate yourself about the inspection process - see the brochure Structural Pest Inspections for more guidance.

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Investigations of pesticide misuse
You may file a complaint concerning the misuse of a pesticide or licensing violation at any of our six offices. Use the locator map to determine the office nearest you. The map will provide you with the appropriate telephone number. If you do not speak directly to an individual please leave a voice message and your call will be returned. When you speak with an individual, please be prepared to provide as much information as possible concerning the incident. It is also advised that you prepare a written statement concerning the incident as soon as possible. Staff will arrange a meeting with you as soon as possible. If your call is an emergency, please call the Olympia office.
For more on how WSDA will respond to your complaint please review the Pesticide Investigation and Enforcement Brochure, available in English or Spanish.

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Penalties for violating pesticide law
After WSDA has conducted an investigation of your complaint, an investigation report is written. After an investigator writes his/her report based upon the evidence obtained, the report is reviewed to determine if there is sufficient evidence to support violations of the Washington State and/or federal laws or rules. When the review is complete, a decision is made about the appropriate regulatory action.
If a violation occurred, WSDA may take any one of the following actions depending on the severity of the violation:

• Give a verbal Warning
• Issue a Notice of Correction
• Issue a Notice of Intent to suspend or revoke a license and/or issue a civil penalty up to $7,500 per violation
• Refer the case to the prosecuting attorney for criminal action in court
• Refer the case to EPA for action

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Orchard Pesticide Use Restriction Information
WSDA sent a technical assistance bulletin to pesticide applicators in orchard-growing areas reminding them that the labels of some common orchard use pesticides set specific buffer zones around water. The buffer zone restrictions must be followed to ensure the application is legal, and to prevent the pesticide from getting into the water. The pesticides listed on the fact sheet are examples of pesticides with buffer zones. The language is taken directly off the label. For a more complete listing of use restrictions for orchard pesticides, please see the 2002 Orchard pesticide use restriction table.

These specific restrictions are above and beyond the general statements found on most pesticide labels, such as "Do not apply directly to water, to areas where surface water is present, or to intertidal areas below the mean high water mark." 

To obtain more information regarding orchard pesticides, please see the WSU Tree Fruit Crop Protection Guide at: http://cru.cahe.wsu.edu/CEPublications/eb0419/eb0419.pdf.

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