Section 410IAC7-24-441. Conditions of poisonous or toxic materials use

   (a) Poisonous or toxic materials shall be used according to the following:

(1) The law and this rule.

(2) Manufacturer's use directions included in labeling and, for a pesticide, manufacturer's label instructions that state that use is allowed in a retail food establishment.

(3) The conditions of certification for use of the pest control materials.

(4) Additional conditions that may be established by the regulatory authority.

  (b) Poisonous or toxic materials shall be applied so that:

(1) a hazard to employees or other persons is not constituted; 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 and, for a restricted use pesticide, this is achieved by:

(A) removing the items;

(B) covering the items with impermeable covers; or

(C) taking other appropriate preventive actions;

and cleaning and sanitizing equipment and utensils after application.

  (c) A restricted use pesticide shall be applied only by the following:

(1) An applicator certified according to law.

(2) A person under the direct supervision of a certified applicator.

  (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-441; filed Oct 13, 2004, 12:30 p.m.: 28 IR 904; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)