SECTION 310:257-13-5. 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,

(C)   The conditions of certification, if certification is required, for use of the pest control materials, 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, 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:

(i)   Removing the items,

(ii)   Covering the items with impermeable covers, or

(iii)   Taking other appropriate preventive actions, and

(iv)   Cleaning and sanitizing equipment and utensils after the application.

(3)   A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC Section 136(e) Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a person under the direct supervision of a certified applicator.

[Source: Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 33 Ok Reg 1520, eff 9-11-16]