1. A. Poisonous or toxic materials shall be:

   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. Contamination shall be prevented by:^P

         1. (1) Removing the items;^P
         2. (2) Covering the items with impermeable covers^P or taking other appropriate preventive actions;^P and
         3. (3) Cleaning and sanitizing equipment and utensils after the application.^P
2. B. A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC § 136(e); §§ 3.2-3929, 3.2-3930, and 3.2-3931 of the Code of Virginia (Virginia Pesticide Control Act); or a person under the direct supervision of a certified applicator.^Pf

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.