USDA Rescission of 7 CFR Part 110 — Federal Pesticide Recordkeeping Requirements
Citation
U.S. Department of Agriculture, Agricultural Marketing Service. Final Rule: Rescission of Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides. 7 CFR Part 110. Published in the Federal Register, Volume 90, Number 90, May 12, 2025. FR Doc Number 2025-08220. Effective date: July 11, 2025.
What It Says (Verbatim, Key Passages)
Action statement (Federal Register summary):
“The U.S. Department of Agriculture (USDA) is rescinding the regulations governing recordkeeping requirements for certified applicators of federally restricted use pesticides (RUPs). USDA has determined that these regulations are unnecessarily duplicative of State, Tribal, and Environmental Protection Agency (EPA) recordkeeping requirements that already exist.”
Effective date:
“This final rule is effective July 11, 2025.”
Scope of rescission:
Title 7 of the Code of Federal Regulations, Chapter I, Subchapter B, Part 110 — Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides — is rescinded in its entirety. Sections rescinded include §110.1 (Purpose and scope), §110.2 (Definitions), §110.3 (Records of restricted use pesticide application), §110.4 (Access to records), §110.5 (Cooperative agreements), §110.6 (Compliance), and §110.7 (Penalties).
What It Means in Plain Language
Until July 11, 2025, federal regulation required certified applicators of restricted-use pesticides (RUPs) to maintain specific records under 7 CFR Part 110 — including the brand or product name, EPA registration number, total amount applied, location of application, size of area treated, crop or commodity treated, date of application, and applicator name and certification number. These records had to be maintained for two years and made available to USDA, EPA, or state pesticide regulatory officials upon request.
That federal recordkeeping obligation no longer exists. USDA rescinded Part 110 because the same recordkeeping requirements already exist under state pesticide regulatory frameworks and EPA program rules.
The practical implication for healthcare facilities and pest management providers serving healthcare:
The legal floor for restricted-use pesticide recordkeeping is now entirely state-level, not federal-state hybrid. Healthcare facilities and their contracted pest management providers must verify their state’s specific RUP recordkeeping requirements (which vary by state) and comply accordingly. The familiar “7 CFR §110.3 application record” reference that appeared in pest management documentation, training materials, and contracts before July 2025 is now an obsolete citation.
For pest management programs serving healthcare facilities, this changes documentation citations and training references, but does not materially change actual recordkeeping behavior — because state requirements continue to require the same data elements that 7 CFR Part 110 required, and most healthcare-focused IPM programs maintain records substantially exceeding minimum state requirements as a matter of professional practice.
Who It Applies To
The rescission applies to all certified applicators of federally restricted-use pesticides nationwide. This includes:
- Commercial pesticide applicators serving healthcare facilities
- Non-commercial applicators (e.g., facility-employed staff certified to apply RUPs)
- Private applicators (typically agricultural; less relevant to healthcare)
In healthcare contexts, certified commercial applicators servicing hospitals, nursing facilities, and clinical environments are the primary affected population. The rescission does not eliminate the certification requirement itself — applicators still must hold state-issued certification under EPA-approved state programs. It eliminates only the federal recordkeeping overlay.
Documentation Evidence Required
Post-rescission, healthcare facilities and their pest management providers should document RUP applications per state-specific requirements. Common state-level RUP recordkeeping elements (which closely parallel the rescinded federal requirements) include:
- Product name and EPA registration number
- Active ingredient and percentage
- Application rate
- Total amount applied
- Location and size of area treated
- Date and time of application
- Applicator name and state certification number
- Target pest(s) and reason for RUP selection
- Re-entry interval observed
For Utah-licensed applicators specifically, see the Utah R68-7 Pesticide Applicator Licensing authority page for state-specific recordkeeping requirements that now constitute the operative compliance framework.
For all other states, the state Department of Agriculture or equivalent state pesticide regulatory agency publishes the applicable recordkeeping rules. State requirements typically meet or exceed the rescinded federal minimum.
How Surveyors Evaluate It
Joint Commission, CMS, and DNV-GL surveyors do not directly evaluate against 7 CFR Part 110 (and after July 11, 2025, would have no basis to). However, surveyors do evaluate against:
- State pesticide applicator licensure compliance
- Facility-level pesticide recordkeeping practices
- Documentation completeness in pest control service records
- Integration of pesticide records into facility Hazard Communication programs (per OSHA 29 CFR 1910.1200)
State health department surveyors and state pesticide regulatory officials evaluate directly against the state RUP recordkeeping requirements that now constitute the sole regulatory floor.
Confidence Notes
HIGH confidence. Federal Register publication details (Volume 90, Number 90, May 12, 2025, FR Doc 2025-08220) and effective date (July 11, 2025) verified directly from the Federal Register primary source. Rescission of Part 110 in its entirety verified. USDA’s stated rationale (“unnecessarily duplicative of State, Tribal, and Environmental Protection Agency recordkeeping requirements”) verified verbatim from the Federal Register summary.
Related Killed Claims
- “7 CFR Part 110 federal recordkeeping requirements for restricted-use pesticides remain in effect.” Disconfirmed as of July 11, 2025. Any training material, contract template, or compliance reference citing 7 CFR §110.3 (or any other Part 110 provision) as a current authority is using superseded regulation.
- “USDA recordkeeping requirements differ from EPA pesticide labeling requirements.” Disconfirmed. EPA pesticide labeling requirements under 40 CFR Part 156 continue to apply. The rescinded 7 CFR Part 110 was a separate USDA recordkeeping overlay on top of EPA labeling — not a substitute for it. Post-rescission, EPA labeling requirements remain unchanged; only the USDA-administered application record requirements have been removed.
Related Authorities
- OSHA Hazard Communication Standard — pesticide SDS and labeling requirements (unchanged by USDA rescission)
- EPA IPM in Health Care Facilities Toolkit (2021) — federal IPM framework with documentation guidance independent of 7 CFR Part 110