West Virginia Pesticide Use and Records

About 5 of every 50 questions on a West Virginia Core practice exam come from this topic.

Sources checked November 10, 2026

What to know

Only certified applicators, or people under a certified applicator's direct supervision (verifiable instructions from an applicator available when needed), may use restricted use pesticides in West Virginia. The Pesticide Control Act forbids use inconsistent with labeling, providing RUPs to uncertified people, storage or disposal other than as label or rules direct, implying state endorsement, misleading inspectors, defacing labels, and selling certain white powder pesticides uncolored. Commercial and public applicators keep two years of records of all applications: among other items, brand and EPA registration number, formulation, dilution rate and quantity, the customer's name and address, and each applicator's name and certification number. Business records may serve for employees; private applicators keep two years of RUP records. Supervisors need non-certified applicators' training records before use, accessible at the principal place of business for two years. Helpers under commercial supervisors need registered technician training within 12 months, those under private applicators annual WPS handler training, and untrained new hires work only with a certified applicator present. Supervisors weigh the consequences of a delay in reaching the site, follow label supervision rules, and give label access, understandable instructions and daily equipment checks. Equipment must be sound and leakproof, with cut-off valves and backflow prevention. Damage claims go in within 60 days, or before 25% of a crop is harvested. Inspection entry excludes dwellings, and a warrant may be sought if access is refused; stop orders hold pesticide until written release. Schools need monitoring first, 48-hour notice to administrators, 24-hour notice to registered parents, level-based re-entry times and Urban IPM certification; a drift-sensitivity registry goes to businesses for voluntary notice.

Where it comes from

• W. Va. Code §§ 19-16A-3, 19-16A-10, 19-16A-16, 19-16A-21
• W. Va. Code §§ 19-16A-9, 19-16A-19, 19-16A-25, 19-16A-26, 19-16A-27
• 61 CSR 12A-6.5, 12A-8, 12A-9 (supervision and records)
• 61 CSR 12A-12 (equipment); 61 CSR 12E-2 (drift registry)
• W. Va. Code § 19-16A-4(h); 61 CSR 12J-7, 12J-8, 12J-9 (schools)

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