2VAC5-585-3360. Conditions of use.
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. Contamination shall be prevented by:P
(1) Removing the items;P
(2) Covering the items with impermeable coversP or taking other appropriate preventive actions;P and
(3) 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.
Historical Notes
Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.