§ 46.1022. Poisonous or toxic substances: limitations on presence and use.

 (a)  Limitation. Only those poisonous or toxic materials that are required for the operation and maintenance of a food facility, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food facility. This section does not apply to packaged poisonous or toxic materials that are for retail sale.

 (b)  Conditions of use. Poisonous or toxic materials shall be used in a lawful manner according to the following:

   (1)  Manufacturer’s use directions included in labeling, and, for a pesticide, manufacturer’s label instructions that state that use is allowed in a food facility.

   (2)  The conditions of certification, if certification is required, for use of the pest control materials.

   (3)  Additional conditions that may be approved by the Department.

 (c)  Conditions of application. Poisonous or toxic materials shall be applied so that the following are accurate:

   (1)  A hazard to employees or other persons is not constituted.

   (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, and for a restricted-use pesticide, this is achieved by doing all of the following:

     (i)   Removing the items.

     (ii)   Covering the items with impermeable covers, or taking other appropriate preventive actions.

     (iii)   Cleaning and sanitizing equipment and utensils after the application.

 (d)  Applicator. A restricted use pesticide shall be applied only by an applicator certified in accordance with the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § §  111.21—111.61) or a person under the direct supervision of a certified applicator.

   This section cited in 7 Pa. Code §  46.1026 (relating to pesticides).