Violation Code: 41-20-4

Legal Reference

7-202.12 FC: Poisonous or toxic materials shall be: (A) Used according to (1) Law and this Code, (2) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state use is allowed in a food establishment, (3) The conditions of certification, if certification is required, for use of the pest control materials, and (4) Additional conditions that may be established by the regulatory authority; and Applied so that: (1) A hazard to employees or other persons is not constituted, and (2) 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; for a restricted use pesticide, this is achieved by: (a) Removing the items, (b) Covering the items with impermeable covers, or (c) Taking other appropriate preventive actions, and (d) Cleaning and sanitizing equipment and utensils after the application. (C) A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC 136 Definitions, (e) Certified Applicator, of the Federal Insecticide, Fungicide, and Rodenticide Act, or a person under the direct supervision of a certified applicator.