2-2455.   Written statement for services to customer; records, maintenanceand availability to secretary.(a) Each pesticide business shall present to each customer for whom suchbusiness performs a pest control service involving theapplication of pesticidesa written statement of services or contract setting forth the followinginformation: (1) Business name and address of the pesticide business licensee;

      (2)   name and address of the customer;

      (3)   pest or pests to be controlled, which may be stated in general terms;

      (4)   pesticide to be used including the quantityapplied and total area to which the pesticide is applied;

      (5)   the concentration or rate of application, when applicable;

      (6)   the date and location of the application of the pesticide;

      (7)   the expiration date of all guarantees, if any be given;

      (8)   the signature of theindividual who performed or supervised the performance of the pestcontrol service or the application of pesticides;

      (9)   the wind direction and velocity, when applicable; and

      (10)   that the application was less than label rate, whenapplicable.

      (b)   Whenever the service involving the application of pesticides isperformedfor the purpose of controlling termites, powder-post beetles, wood borers,wood-rot fungus or any other wood destroying pest, the following informationshall be included in addition to that required under subsection (a): (1)The conditions under which retreatments, if any are to be made;

      (2)   the approximate date or dates of inspections, for any to be made afterthe original application of the pesticide; and

      (3)   a diagram of the structure to be treated, showing the location ofvisible evidence of active and inactive infestations by any wood destroyingpest or pests for which the treatment is proposed; where a partial or spottreatment is to be made, this diagram shall also show the area or areasof the structure which are to be treated.

      (c)   The required written statement of services or contract for servicesinvolving the application of pesticides may be incorporated into any businessform used by the pesticide business licensee. The writtenstatement of services or contract shall be presented to the customer ata time established by rules and regulations promulgated by the secretary. Anypesticide business licensee usingaerial methods of applying pesticides may present such information at anytime prior to the time payment is accepted. The pesticide business licenseeshall retain a copy of eachwritten statement of services or contract in suchlicensee's files for a periodof three years from the expiration date of any written statement ofservices or contract. Each pesticide business licensee shall faithfullycarry out the stipulations set forth in any written statement of servicesor contract prepared by such licensee or any of its representatives.

      (d)   Each pesticide business licensee shall make available to the secretaryupon request, a copy of any written statement of services or contract, recordsof all pesticide applications during any specified period, records of allemployees who performed any service involving, or in conjunction with, theapplication of pesticides and any other requested information pertinentto the administration of this act or any rule or regulation adopted hereunderby the secretary.

      (e)   The secretary shall require certified commercial applicators who arenot employed by or otherwise acting for a business licensee to maintainrecords concerning applications of restricted use pesticides. The secretaryshall specify by rules and regulations the information to be contained insuch records, which shall be maintained for three years from the dateof application of the pesticide concerned. Such records shall be open toinspection by the secretary or the secretary'sauthorized representative duringnormal business hours, and copies shall be furnished to the secretary or thesecretary's authorized representative upon request.

      History:   L. 1976, ch. 1, § 18; L. 1977, ch. 3, § 11;L. 1989, ch. 6, § 15;L. 1995, ch. 37, § 1;L. 2009, ch. 128, § 23; July 1.