§ 128.103. Handling, transportation, storage, use and disposal of pesticides.

 (a)  A person may not use, handle, transport, store, display or distribute a pesticide in a manner that endangers man or his environment or contaminates food, feed, feed supplements, medications, fertilizers, seed or other products that may be handled, transported, stored, displayed or distributed with the pesticides.

 (b)  A person may not use, or cause to be used, a pesticide inconsistent with its labeling. A pesticide label containing an advisory instruction concerning the use of the pesticide being an environmental hazard shall be considered by the Secretary as a further restriction on the pesticide’s use.

 (c)  An application of a pesticide may not be made where weather conditions are such that it can be expected that the pesticide will move off of the proposed application site.

 (d)  A person may not dispose of, store or receive for disposal or storage a pesticide, pesticide container or pesticide container residue in a manner that does one or more of the following:

   (1)  Is inconsistent with its label or labeling.

   (2)  Causes or allows the open dumping of pesticides or pesticide containers. Open burning by the owner of small quantities of combustible containers that do not exceed 50 pounds is exempt if the pesticide residue does not contain organic mercury, chlorates, lead, cadmium or arsenic compounds and the Commonwealth or local regulations permit the burning. When the burning takes place, regard shall be given to wind direction in relation to the protection of crops, animals and people from pesticide vapors created through burning.

   (3)  Causes or allows dumping of pesticides in a stream, river, pond, sewer or lake, except in conformance with permits issued jointly by the Department of Environmental Protection and the Fish and Boat Commission, or other Commonwealth agencies having jurisdiction regarding water pollution.

   (4)  Violates an applicable State or Federal pollution control standard.

 (e)  A person shall dispose and store pesticides, pesticide containers and pesticide container residue in accordance with acts and regulations administered by the EPA and the Department of Environmental Protection.

 (f)  A person may not directly apply pesticides to the property of another without first obtaining permission of the owner, or occupant having care, custody or control of the property to do so, except in the case of easements or right-of-ways or when done under the direction of a governmental entity to protect the health and welfare of the public.

 (g)  A person may not use a pesticide in a manner which results in unwanted residues on the property of another, except in the case of easements or right-of-ways or when done under the direction of a governmental entity to protect the health and welfare of the public.

 (h)  A person may not apply a pesticide unless it has been registered by the Department or it is used under the provisions of an experimental use permit or research conducted under an exemption from an experimental use permit.

 (i)  A person may not store, transport or otherwise possess a pesticide in a service container unless the service container is legibly marked to indicate the name and percentage of active ingredients and is accompanied by a readily available copy of the registered label that represents the pesticides contained therein. The following exceptions apply:

   (1)  Service containers containing pesticide end-use dilutions when the containers are used as application devices.

   (2)  Service containers containing pesticide end-use dilutions which are required by other regulations to have pesticide label information accompany them.

   (3)  Service containers containing pesticide end-use dilutions when the containers are used as nurse tanks (with a capacity greater than 55 gallons) in the production of an agricultural commodity.

 (j)  A person may not place or keep a pesticide in a container which has been labeled for food or drink.

   The provisions of this §  128.103 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924. Immediately preceding text appears at serial pages (169377) to (169378).