(a) Restriction.*

1. (1) Only those poisonous or toxic materials that are required for the operation and maintenance of a retail food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a retail food establishment. ^Pf
2. (2) Subdivision (a)(1) of this section does not apply to packaged poisonous or toxic materials that are for retail sale.

(b) Conditions of use.* Poisonous or toxic materials shall be:

1. (1) Used according to:

   1. (A) Law and rules;
   2. (B) Manufacturer's use directions included in labeling and, for a pesticide, manufacturer's label instructions that state that use is allowed in a retail food establishment; ^P
   3. (C) The conditions of certification, if certification is required, for use of the pest control materials; ^P and
   4. (D) Additional conditions that may be established by the regulatory authority; and

2. (2) Applied so that:

   1. (A) A hazard to employees or other persons is not constituted; ^P and
   2. (B) Contamination including toxic residues due to drip, drain, fog, splash, or spray on food, equipment, utensils, linens, and single-service or single-use articles is prevented, and for a restricted-use pesticide, this is achieved by: ^P

(i) Removing the items; ^P

1. (ii) Covering the items with impermeable covers; ^P or

   1. (iii) Taking other appropriate preventive actions; ^P and

      1. (iv) Cleaning and sanitizing equipment and utensils after the application. ^P
2. (3) A restricted-use pesticide shall be applied only by an applicator certified as defined in 7 U.S.C. § 136(e), Definitions, Certified applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, Pub. L. No. 80-104, or a person under the direct supervision of a certified applicator. ^Pf