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Inspection Requirements for Dealers


Below is a list of common things that your inspector will be looking at during his/her routine inspection.

1. Are all pesticides stored in a safe, secure manner?

  • Pesticides intended for distribution or sale shall be displayed or stored within an enclosed building or fenced area and shall not be displayed on sidewalks, parking lots or similar open areas.
  • Pesticides shall be stored in a manner that will reasonably ensure that human foods, pet foods, drugs, animal feeds, commercial fertilizers, seeds or clothing will not be contaminated.

2. Are all pesticide containers in good condition? Are all labels present and legible?

  • Pesticides in leaking, broken, corroded or otherwise damaged containers or with damaged or obscured labels, shall not be displayed or offered for sale.

3. Do your dealer records contain all information required by law?

  • Name and license number of certified applicator
  • Date of sale
  • Brand name of pesticide product and it’s EPA registration number
  • Quantity of restricted use pesticides sold

4. As a dealer you may also be subject to container containment inspection.

  • The regulations, found in 40 CFR Parts 152, 156 and 165, have requirements or standards for fillable and nonrefillable pesticide containers, containment structures, pesticide repackaging, and container labeling. All pesticides are subject to the new container and label standards, but only agricultural pesticides are affected by the containment requirements.
  • Click here for information on container containment inspection.

Remember – It shall be unlawful for a pesticide dealer to knowingly sell any restricted-use pesticide to any person who is not a licensed certified applicator, provided individuals under the direct supervision of a certified applicator may receive and transport restricted-use pesticides for a certified applicator.



Brad Lewis, AES Division Director
ddaes@nmda.nmsu.edu  
575-646-3207