12VAC5-421-3360. Conditions of use.
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
A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC § 136(e) (Federal Insecticide, Fungicide and Rodenticide Act), or a person under the direct supervision of a certified applicator.Pf
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.