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4626.1610 7-202.12 CONDITIONS OF USE.*

Poisonous or toxic materials shall be:

A.

used according to:

(1)

Minnesota Statutes, chapter 18B, and section 31.101, subdivision 3;

(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; and

(3)

the conditions of certification for use of pest control materials as required in chapter 1505 and Minnesota Statutes, chapter 18B;

B.

applied so that:

(1)

a hazard to employees or other persons is not constituted as prescribed on the label; and

(2)

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. For a restricted use pesticide, this is achieved by:

(a)

removing the items;

(b)

covering the items with impermeable covers; or

(c)

cleaning and sanitizing equipment and utensils after the application; and

C.

for restricted-use pesticide, applied only by a certified applicator as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code, title 7, section 136, paragraph (e), and Minnesota Statutes, chapter 18B.

Statutory Authority:

MS s 31.101; 31.11; 144.05; 144.08; 144.12; 157.011

History:

23 SR 519

Published Electronically:

October 11, 2007

Official Publication of the State of Minnesota
Revisor of Statutes