DEC Pesticide Record Keeping Requirements: What NY Inspectors Actually Check

The New York State Department of Environmental Conservation doesn't inspect often, but when they do, incomplete or inaccurate pesticide application records are the most common violation. Many violations could be easily avoided with proper record-keeping practices.

Here's what you need to know to stay compliant.

Important: This article provides educational information about New York State pesticide record-keeping requirements. Always consult the current regulations (6 NYCRR Part 325), your state's DEC guidance, and legal counsel for compliance questions. Regulations may change, and this information should not be considered legal advice.

What the law actually requires

Under 6 NYCRR Part 325, commercial pesticide applicators in New York must maintain records of all pesticide applications. These records must be kept for three years and be available for inspection upon request.¹

The DEC can inspect your records at your place of business without advance notice. In practice, inspections are often triggered by complaints, but random inspections do occur, especially for companies operating in sensitive areas like schools or healthcare facilities.

The six required elements

Every pesticide application record must include six specific elements. Missing even one can result in a violation:

1. Date of Application

Not the date you scheduled the job, the actual date the pesticide was applied. If you applied pesticide on Tuesday but didn't document until Friday, the record shows Tuesday's date.

Common mistake: Using the invoice date instead of the application date when a job spans multiple days.

2. Location of Application

This must be specific enough that an inspector could find the exact property. For commercial accounts, the business name and address is sufficient. For residential accounts, the street address and apartment number if applicable.

What passes inspection: "123 Main Street, Apt 4B, Albany, NY 12207"

What fails: "Main Street, Albany" or "Johnson residence"

3. Target Pest

Be specific. "Cockroaches" is better than "insects," but "German cockroaches" is recommended. This specificity protects you if questions arise about treatment selection or product choice.

If you treated for multiple pests during the same service call, list all target pests. Don't just write "general pest service."

4. Pesticide Product Name

The complete EPA-registered product name as it appears on the label, not just the active ingredient.

Correct: "Maxforce FC Magnum Roach Killer Bait Gel"

Incorrect: "Fipronil gel" or "Maxforce"

If you use multiple products during one service call, list all products applied. This is where many technicians get sloppy, they'll note the main treatment product but forget to record the crack-and-crevice aerosol they used around the baseboards.

5. EPA Registration Number

The complete EPA registration number from the product label. This is typically in the format XX-XXX-XX and found on the front panel of the label.

Common mistake: Recording only the company number (first set of digits) instead of the complete registration number.

6. Amount of Pesticide Applied

This is where it gets detailed. You must record the amount of concentrated pesticide applied or, if you diluted the product, both the amount of concentrate and the amount of finished spray solution.

For ready-to-use products: "2 tubes (30g total)" or "1 can (20 oz)"

For diluted products: "4 oz concentrate in 1 gallon water (128 oz finished spray)"

For gel baits: Count and record the number of placements or estimate total volume: "Approximately 60 placements, ~60g total"

Don't estimate unless absolutely necessary, and don't just write "as needed" or "label rate", these will not pass inspection.

Additional information DEC inspectors look for

While not always explicitly required by regulation, inspectors appreciate seeing:

• Applicator name and certification number: Who actually performed the application
• Application method: "Crack and crevice gel bait placements" or "spot treatment to baseboards"
• Customer signature or record of notification: Particularly important for apartments and sensitive accounts

Including all of this in standard records provides protection in liability situations and customer disputes.

The three-year retention rule

Records must be maintained for three years from the date of application. This means active record-keeping, not just throwing invoices in a box.

Best practice: Digital records with offsite backup. Paper records degrade, get lost, and are vulnerable to water damage or fire. Scanning every service ticket and maintaining digital records in two locations is strongly recommended.

During an inspection: You must be able to produce records within a reasonable time frame (typically the same business day). If your records are stored offsite or in a format that requires time to access, tell the inspector immediately and give a realistic timeline.

What happens during a DEC inspection

The inspector will call or show up at your business location and ask to see your pesticide application records. They typically won't review every single record, they'll sample records from specific time periods or specific accounts.

They're looking for:

• Completeness of required information
• Accuracy (they may cross-reference with customer interviews)
• Proper retention (are three-year-old records still accessible?)
• Evidence of restricted-use pesticide applications (requires certified applicator)

What to do:

1. Be cooperative and professional
2. Provide exactly what's requested, nothing more or less
3. Don't volunteer information about potential violations
4. If records are incomplete, don't try to fill them in during the inspection, that's falsification
5. Take notes on what the inspector reviews

Common violations and penalties

Missing application records: $500-$2,000 per missing record, depending on severity and history

Incomplete records (missing required elements): $250-$1,000 per incomplete record

Failure to maintain records for three years: $500-$2,000

Falsifying records: $2,000+ and potential criminal charges (this is serious, never falsify a record)

Penalties increase for repeat violations and for violations involving restricted-use pesticides or sensitive locations.

The system that works

A proven system for maintaining compliance:

Daily: Each technician completes a service ticket with all six required elements before leaving the job site. No exceptions.

Weekly: Service tickets are reviewed for completeness and scanned into digital records system.

Monthly: Random audit of 10% of records to verify compliance.

Annually: Review entire system and train any new technicians on documentation requirements.

Your service ticket template should have dedicated fields for each of the six required elements. If information is missing, the ticket shouldn't be considered complete.

Special cases that cause confusion

Monitoring devices without pesticide: No record required. Sticky traps, glue boards, and non-toxic monitors don't require pesticide application records.

Bait stations with rodenticide: Record required. Even though the bait is in a station and you're not "applying" it in the traditional sense, placement of rodenticide requires a record.

Pre-construction termite treatments: Record required, plus additional information about location, soil treatment depth, and volume. These are typically scrutinized more carefully due to the volume of pesticide involved.

Dusting in wall voids: Record required with estimate of amount applied. "2 oz dust applied to wall void behind kitchen sink" is acceptable.

Digital vs. paper records

The DEC accepts both digital and paper records, but digital is far superior for several reasons:

• Easier to search and retrieve during inspections
• Can't be destroyed by water, fire, or pests (with proper backup)
• Easy to duplicate for backup
• Can be integrated with routing and invoicing software

If you maintain digital records, ensure you have a reliable backup system. Cloud storage with local backup is ideal.

What they don't check (but you should track anyway)

While not required by DEC, additional information worth tracking includes:

• Pre-treatment and post-treatment photos: Invaluable for liability protection
• Customer instructions provided: What prep was required, what customers were told to do after treatment
• Weather conditions: For exterior applications, this explains treatment failures
• Service time: How long was spent on the account (useful for pricing analysis)

This additional documentation has proven invaluable in customer disputes and legal situations.

Bottom line

DEC record-keeping compliance isn't complicated, but it requires discipline and systems. Every pesticide application, every time, with all six required elements. Keep records for three years in a format you can access quickly.

The few minutes you spend documenting each job properly can save you thousands in penalties and protect your license. And if you're currently not fully compliant, fix it today, before the inspector shows up tomorrow.

Disclaimer: Always consult current product labels, Safety Data Sheets (SDS), and manufacturer protocols as the authoritative source for product use, safety information, and application instructions. For regulatory compliance, consult the current New York State regulations and your legal counsel.

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