Section 3360. Conditions of use  


Latest version.
  • 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

Historical Notes

Derived from Volume 24, Issue 02, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 07, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.