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Administrative Rules
Rule 44:02:07:86 Use of poisonous and toxic materials.

          44:02:07:86.  Use of poisonous and toxic materials. Poisonous or toxic materials must be used according to the following:

          (1)  This chapter;

          (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;

          (3)  The conditions of certification in article 12;56, if certification is required, for use of the pest control materials; and

          (4)  Any additional conditions established by the regulatory authority.

          Poisonous or toxic materials must be applied in a way that does not constitute a hazard to employees or other persons and that prevents contamination, including toxic residues caused by drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service and single-use articles.

          Drying agents used in conjunction with sanitization must be strictly used according to the manufacturer's label instructions and for the specific application for which it is intended.

          Restricted-use pesticides may be applied only by a certified applicator as required by article 12:56.

          Source: 23 SDR 195, effective May 26, 1997.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

Online Archived History: