1. 1. Used according to:

   1. a. Law and this chapter;
   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 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 department; 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 and single-use articles is prevented, and for a restricted-use pesticide this is achieved by:^P

      1. (1) Removing the items;^P
      2. (2) Covering the items with impermeable covers;^P or
      3. (3) Taking other appropriate preventive actions;^P and

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

         A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC § 136(e) (Federal Insecticide, Fungicide and Rodenticide Act), or a person under the direct supervision of a certified applicator.^Pf

Poisonous or toxic materials shall be:

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.