Current through Register Vol. 48, No. 9, September 27, 2024
A. The distribution
of pesticides which have been classified for restricted use must be made only
to the following:
(1) Licensed pesticide
dealers;
(2) Licensed certified
applicators; and
(3) Persons exempt
from the requirements of licensing and certification.
B. Storage of pesticides in quantity (both
general use (except as listed in paragraph D below) and restricted use items)
by certified applicators, wholesalers, dealers and retailers must comply with
the following:
(1) All pesticides stored in
quantity must be stored in securely locked well ventilated rooms, well away
from all food or feed items. The pesticides should be stored in such manner as
to prevent fumes from contaminating food or feed.
(2) Pesticides should be separated during
storage, preferably in bins, depending upon the type of pesticide. Each type of
pesticide, i.e., herbicides, insecticides, fungicides, et cetera, must be
stored separately from each other.
(3) Herbicides must not be stored in a bin on
top of, or located above, any other type of pesticide, to preclude accidental
contamination of other pesticides by leakage or spillage.
(4) Any pesticide container which is leaking
or otherwise damaged must be immediately removed to an area where its contents
will be fully contained in the event that its condition deteriorates further.
The use of "overpack" containers or similar devices is sufficient to meet this
requirement. Any pesticide material spilled or otherwise allowed to move
outside of the container must be immediately cleaned up by an appropriate
decontamination method. The location where any pesticide material has been
spilled must likewise be immediately decontaminated by a method appropriate to
the material spilled.
C.
Display of pesticides (both general use and restricted use items) by dealers
and retailers must comply with the following:
(1) All pesticides offered for sale must be
in the registrant's approved container with the appropriate labeling from the
registrant permanently attached.
(2) All restricted use pesticides must be
separated from general use pesticides in displays of pesticides offered for
sale to the general public.
(3)
Herbicides must be separated from all other types of pesticides when displayed
for sale to the general public. Furthermore, herbicides must not be displayed
in a position above other types of pesticides, to prevent accidental
contamination of other pesticides by leakage or spillage.
(4) All pesticides (either general use
(except as listed in paragraph D below) or restricted use items) on display to
the general public, should be displayed at a minimum distance of twenty-five
(25) feet from all fresh, soft, loosely packaged or other types of food or feed
items that can or may absorb odors from the pesticides. Examples of such food
items would be bread, pastries, potatoes, fresh meats, cheese, macaroni and
candy. All pesticides must be displayed at a minimum distance of four feet from
canned foods or any other type of food or edible item.
(5) Any pesticide container which is leaking
or otherwise damaged must be immediately removed from the display area to a
location where its contents will be fully contained in the event that its
condition deteriorates further. The use of "overpack" containers or similar
devices is sufficient to meet this requirement. Any pesticide material spilled
or otherwise allowed to move outside of the container must be immediately
cleaned up by an appropriate decontamination method. The location where any
pesticide material has been spilled must likewise be immediately decontaminated
by a method appropriate to the material spilled.
D. The following types of pesticides are
exempt (unless classified as restricted use pesticides) from storage and
display requirements of paragraphs B and C (2) through C (4) above. They are
still subject to the requirement of paragraph C above.
(1) Bleach products.
(2) Disinfectant products.
(3) Pet animal and tropical fish treatment
products.
(4) Sink drain and toilet
bowl products.
(5) Paint products
other than TBT paints.
(6)
Additional exemptions may be granted by the Director upon special request, if
warranted.
E. All
aircraft pesticide loading zones must be adequately delimited and posted with
signs indicating that the area is used as a pesticide loading zone for
aircraft. For mobile support vehicles (e.g. trucks supplying fuel and chemical
for helicopter applications) the placement of equivalent signage on the truck
shall be sufficient to comply with this Section. Conformance with the
requirements of this Section does not relieve any person from liability for
injury or damage to another person caused by the pesticides, either while being
stored or after spillage on the ground.
F. All pesticides distributed in bulk must be
registered both with the U. S. Environmental Protection Agency and with the
State.
(1) Any firm distributing or selling
bulk pesticides within the State must notify the Department of such practice on
January 1 st of each year.
(2) A
copy of the accepted label for the product must be attached to the shipping
papers, and left with the consignee at the time of delivery.
(3) Pesticide products stored in bulk
containers, whether mobile or stationary, which remain in the custody of the
user, must bear a copy of the accepted label or labeling, including all
appropriate directions for use, securely attached to the container in the
immediate vicinity of the discharge control valve.
(4) The appropriate provisions of Title 49 of
the Code of Federal Regulations, as administered by the U. S. Department of
Transportation, concerning the transportation of hazardous materials, must be
adhered to by any person transporting pesticide products within the
State.
(5) All containers (both
holding tanks of the formulator and the customers' stationary containers) must
be provided with suitable sample points to permit withdrawal of samples by
personnel of the Department. Samples obtained by Departmental personnel in this
manner must be accepted without reservation as being representative of the
material in the container and described on its label.
G. All persons engaged in pesticide
operations using compressed gas tanks or cylinders must ensure that all
propellant supplies for pesticides used in fumigations or other pesticide
applications are equipped with properly functioning back flow prevention
devices which will prevent the entry of pesticide into the compressed gas tank
or cylinder.
(1) No person shall operate any
compressed gas tank or cylinder in pesticide operations unless a back flow
prevention device is installed and properly functioning.
(2) The back flow prevention device must be
placed between the tank/cylinder regulator and the pesticide system.
(3) Pesticide operations must cease prior to
the tank/cylinder pressure falling below twice the pesticide system operating
pressure, or 200 psi, whichever is greater.
