Subchapter F. PESTICIDE
128.112. Notification of hypersensitive individuals.
The provisions of this Subchapter F adopted December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924, unless otherwise note.
§ 128.111. Registry.
(a) The Department will maintain a list of individuals who have been verified as being hypersensitive to pesticides. The list will be referred to as the Pesticide Hypersensitivity Registry.
(b) Individuals who want to be included on the registry shall have their hypersensitivity to pesticides verified by a physician, and are solely responsible for providing written verification to the Department.
(c) Pesticide-hypersensitive individuals who want to be on the registry shall provide to the Department their name and primary residence including street address, city, state, zip code, county, daytime telephone number and nighttime telephone number. Each individual shall also provide an alternate telephone number where notification information can be conveyed. Individuals may also provide secondary locations, addresses and associated telephone numbers to be maintained as part of their listing. An individual submitting a request for listing less than 2 months preceding the effective date, as described in subsection (e), may not be included on the current registry with that effective date, but will be included in the next registry.
(d) To remain on the registry, an individual shall notify the Department annually during the month of October of the individuals intent to remain on the registry for the next 12 months. Medical verification will not be required for this renewal.
(e) The Department will distribute the current registry to each licensed commercial and public pesticide application business on or before the effective dates of March 1 and July 15 of each year. Individuals will not be considered officially included on the registry unless their names appear on the current registry.
The provisions of this § 128.111 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
The provisions of this § 128.111 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305274).
§ 128.112. Notification of hypersensitive individuals.
(a) General. Prior to a pesticide application being made by a commercial or public pesticide application business the following conditions shall be met:
(1) Each individual listed on the current registry whose primary residence or secondary locations property line is within 500 feet of the application site shall be notified of the pesticide application.
(2) Notification shall consist of providing the following information to the individual on the registry:
(i) Date, location (application site), earliest possible start time and latest possible finish time of application. The range between start and finish times may be no greater than 24 hours.
(ii) Brand name, EPA number and active ingredient common name (if on the label) of the pesticide products which may be used.
(iii) The name, telephone number and pesticide business license number of the pesticide application business.
(iv) A copy of the label for every pesticide used within 10 days of a written request.
(3) Notification shall be made between 12 hours and 72 hours prior to the pesticide application.
(4) Notification shall be made by telephone, personal contact or certified mail or, if available, electronic mail or facsimile.
(i) Notification requirements are met through constructive notification by contacting the hypersensitive persons daytime or nighttime listings in the register or if the information is given to an adult contacted by dialing the alternate telephone number.
(ii) If notification cannot be made after at least two telephone contact attempts, notification may be made by placing the written notification information on the front door of the listed residence or secondary location listed in the registry within 500 feet of the application site 12 to 72 hours prior to the application.
(iii) A record shall be kept of every contact and contact attempt made under this paragraph.
(b) Exceptions. The following types of application do not require notification under this section:
(1) An application of a pesticide within a detached structure not listed as a secondary location.
(2) An application of a pesticide directly below the soil surface.
(3) An application of a pesticide in a tamper-resistant bait station.
(4) An application of a pesticide to a tree or utility pole by means of injection.
(5) An application of a disinfectant or sanitizer.
(6) Application of a pesticide in the care and maintenance of a swimming pool.
(c) Recordkeeping. A record of the notification information required under this section, including the time and method of notification, shall be made within 24 hours following the application and maintained for at least 3 years and shall be made immediately available to the Department upon request.
The provisions of this § 128.112 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
The provisions of this § 128.112 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305274) to (305275).
This section cited in 7 Pa. Code § 130d.5 (relating to public notice by applicant).
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