RULE 24.          PESTICIDE AND PESTICIDE RESIDUE STORAGE AND DISPLAY REQUIREMENTS

 

The following rules apply to the storage and the display for retail sale and use by private and commercial applicators ofgeneral use” and “restricted use” pesticides.

 

(A)          Storage

 

(1)            When not on display for sale, or in use, all pesticides must be securely stored with access limited to authorized personnel/individuals only.

(2)  Pesticide storage areas must be properly identified with appropriate pesticide warning signs.

(3)            Pesticides shall be stored in cool, dry, well ventilated and well lit rooms or buildings insulated to prevent freezing or over heating as well as protection from direct rainfall and flooding. The areas shall be locked to prevent entry by children or unauthorized persons. The storage area shall have lighting so that labels can be easily read and any leaks quickly detected.

 

(4)               Pesticide storage areas shall be constructed of rigid materials, shall have no bottom drains or openings, be impervious t& seepage through or leakage to the surrounding environment so as to prevent contamination to groundwater or surface water or to the surrounding environment and capable of containing a pesticide spill 100% of the largest liquid pesticide container volume.

 

(5)         Pesticides for sale or distribution, or for use by nrivate or commercial apnlicators. as defined in these rules and regulations, in their respective operations shall not be stored in buildings wholly or partially occupied as private residences, unless the actual storaae area, such as a gara2e4 is structurally separate from that portion of the building in use as a living area or the location of the storage area does not nresent a potential risk of harm. injury, or damage to occunants or the residence(s) in the building: and the ventilation in the storage area is sufficient to keen fumes and/or any potential fumes from intruding into the living areas.

 

In the case of multi-family nrivate residences, the location of the storage area must not nresent a potential risk of harm. injury, or damage to occupants or the residence(s) in the building: and the ventilation in the storage area must be sufficient to keen~fumes and/or any notential fumes from intruding into living areas.

 

(6)         Pesticide may not be stored in buildings used for commercial or industrial businesses, unless:

(a)  the building meets the requirements for storage of pesticides by the  Director: and:

(b)   the storage area is a structurally senarate room from those occupied as

routine office work areas, and the ventilation in the storage area must be sufficient to keen fumes and/or any potential fumes from intruding into occupied areas of the building: or

 

(d) in multi-unit commercial establishment or institutions, the location of the storage area must be structurally separate from other business and must not present a significant risk of harm. injury, or damage to occupants. employees, or facilities in the building. The ventilation in the storage area must also be sufficient to keen fumes and/or any potential fumes from intruding into occupied areas.

 

(7)         Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable cases, other human foods, animal feeds or drugs. or in any manner that may result in contamination of food. feed or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within a building or fence. And shall not be displayed on sidewalks.

 

(8)   Pesticides when stored must be separated by tvpe insecticide, herbicide, fungicide. etc.. and in such a manner that prevents cross contamination. It is prohibited to offer for sale or distribution pesticide packages and containers that are torn. punctured. rusting or leaking.

(9)  “Restricted Use” pesticides must be stored separately from other general use pesticides or fertilizers to prevent distribution to a non-certified applicator.

 (10)         Pesticides must be clearly labeled at all times during storage.

(11)         Pesticides may not be stored with other combustible materials such as gasoline. kerosene. netroleum products, solvents, or other fuels.

(12)        Pesticides must be stored away from sources of ignition or fire hazard such as

heating eqiuipment. burning, welding. etc.

 

(13) Containers of pesticide, which have been opened, must be nronerlv sealed when stored.

 

(14)  Storage of discontinued, banned, or unregistered pesticides:

 

(a)     Unregistered or banned pesticides, unless subject to federal recall notice issued by the United States Environmental Protection Agency. must be returned to the manufacturer, if said manufacturer will accent them, or disposed of in accordance with the Department’s Rules and Regulations for Hazardous Waste Management upon cancellation of the state and/or Federal Registration or imposition of the ban.

 

(b)            However, in the event that a manufacturer falls to annually re-register or voluntarily discontinues the manufacture, distribution and sale of a pesticide for any reason other than paragraph (14)(a): and the Director has determined that the pesticide poses no threat to public health or the environment if used according to label instructions. then said pesticide may be stored, distributed, or used up within two years from the date of expiration of it’s state registration’. After two years. any remaining stocks and residues of said pesticide must be disnosed of in accordance with paragraph (14)(a).

 

(c)            Receipt and storage of unregistered or banned pesticides is prohibited.

 

(15)  Pesticides stored outdoors shall be covered by a roof or tarpaulin, which will keen precipitation off the pesticides and placed on nallets or on a raised concrete platform. Storage area shall be secured against entry by unauthorized person. livestock or wildlife

 

(B)            Display for Sale

 

Pesticides held for retail sale shall comply with Section (A) and the following requirements:

 

(1)   Pesticides shall not be displayed or stored with, or in such a manner which could

result, in the event of a spill or leak, in the contamination of food. beverages.

 

 

                        Regulation XX-XXX-XXX (May 12,2006)                        Page 44-45 of 52

 

return to menu