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 of “general 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