Virginia Administrative Code
Title 2 - AGRICULTURE
Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS
Part VII - Poisonous or Toxic Materials
Article 2 - Operational Supplies and Applications
Section 2VAC5-585-3360 - Conditions of use.*

Universal Citation: 2 VA Admin Code 2VAC5-585-3360

Current through Register Vol. 41, No. 3, September 23, 2024

A. Poisonous or toxic materials shall be:

1. Used according to:
a. Law and this chapter;

b. Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food establishment;P

c. The conditions of certification, if certification is required, for use of the pest control materials;P and

d. Additional conditions that may be established by the department; and

2. Applied so that:
a. A hazard to employees or other persons is not constituted;P and

b. Contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented, and for a restricted-use pesticide, this is achieved by:P
(1) Removing the items;P

(2) Covering the items with impermeable covers;P or

(3) Taking other appropriate preventive actions;P and

(4) Cleaning and sanitizing equipment and utensils after the application.P

B. A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC § 136(e); §§ 3.2-3929, 3.2-3930, and 3.2-3931 of the Code of Virginia (Virginia Pesticide Control Act); or a person under the direct supervision of a certified applicator.Pf

Statutory Authority: § 3.2-5121 of the Code of Virginia.

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