SECTION 310:258-5-4. 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 an unattended 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. Restricted use pesticides specified under OAC 310:285-13-5 (3) shall meet the requirements specified in 40 CFR, Part 152 Subpart I - Classification of Pesticides.

[Source: Added at 37 Ok Reg 1373, eff 9-11-20]