Poisonous or toxic materials must be used according to the following:

1. (1) This chapter;
2. (2) The manufacturer's use directions included in labeling and, for a pesticide, the manufacturer's label instructions that state that use is allowed in a food establishment;
3. (3) The conditions of certification in article 12;56, if certification is required, for use of the pest control materials; and

4. (4) Any additional conditions established by the regulatory authority.

   Poisonous or toxic materials must be applied in a way that does not constitute a hazard to employees or other persons and that prevents contamination, including toxic residues caused by drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service and single-use articles.

   Drying agents used in conjunction with sanitization must be strictly used according to the manufacturer's label instructions and for the specific application for which it is intended.

   Restricted-use pesticides may be applied only by a certified applicator as required by article 12:56.

Source: 23 SDR 195, effective May 26, 1997.

General Authority: SDCL 34-1-17 , 34-18-22.

Law Implemented: SDCL 34-18-22 , 34-18-25.