3402 PRESENCE AND USE – CONDITIONS OF USE

3402.1 Poisonous or toxic materials shall be used according to:

(a) The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401, et seq. (2008 Repl.)), and this Code; Pf

(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 and

(c) The conditions of certification, if certification is required, for use of the pest control materials. P

3402.2 Poisonous or toxic materials shall be 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. P For a restricted-use pesticide this is achieved by:

(1) Removing items listed in Paragraph (b); P

(2) Covering items listed in Paragraph (b) with impermeable covers; P

(3) Taking other appropriate preventive actions; P and

(4) Cleaning and sanitizing equipment and utensils after the application. P

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).