Subchapter E. MISCELLANEOUS
Sec.
128.101. Reporting of pesticide significant accidents or incidents.
128.102. Protected designated areas.
128.103. Handling, transportation, storage, use and disposal of pesticides.
128.104. Experimental use permits.
128.105. Additional responsibilities of certified applicators.
128.106. Additional responsibilities relating to schools.
128.107. Providing information upon request.§ 128.101. Reporting of pesticide significant accidents or incidents.
(a) The Secretary has designated the Department as the State agency to which significant pesticide accidents or incidents shall be reported.
(b) A person after becoming aware of a significant pesticide accident or incident or who has knowledge of a significant pesticide accident or incident shall immediately report it to the Department.
(c) As used in this section, the term ‘‘significant pesticide accident or incident’’ means an accident or incident involving a pesticide which requires a person to obtain medical treatment, results in illness requiring veterinary treatment of any wild or domestic animal, results in the unintended death of a human or animal, pollutes the waters of this Commonwealth or causes damage which results in an economic loss of plants, organisms, structures or stored commodities.
(d) A regulated person who following a pesticide application becomes aware of an unexpected adverse effect resulting from the pesticide product when applied in a manner consistent with the label directions shall contact the Department and provide information on the application and its effects.
(e) This section does not supersede the reporting procedures of other statutes or the regulations promulgated thereunder.
Authority The provisions of this § 128.101 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128.101 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305270).
§ 128.102. Protected designated areas.
(a) An application of a restricted use pesticide within 100 feet of certain publicly-owned or designated lands will not be permitted unless a waiver is granted by the Secretary. Lands affected by this restriction include:
(1) State forest land designated as a Conservation Area under 17 Pa. Code Chapter 44 (relating to conservation areas) or as a Natural Area or Wild Area under 17 Pa. Code Chapter 27 (relating to State Forest Natural Areas—statement of policy) and State park land designated as a Conservation Area under 17 Pa. Code Chapter 44 or as a Natural Area under 17 Pa. Code Chapter 17 (relating to State Parks Natural Areas—statement of policy).
(2) Areas containing endangered or threatened plant or animal species. These species are listed in 17 Pa. Code § § 45.12 and 45.13 (relating to Pennsylvania endangered; and Pennsylvania threatened); fish identified in 58 Pa. Code § § 75.1 and 75.2 (relating to endangered species; and threatened species); and 58 Pa. Code § § 133.21 and 133.41 (relating to classification of birds; and classification of mammals).
(b) A person may file a request with the Secretary for a waiver of the prohibition contained in subsection (a). The request will contain the following information:
(1) A general statement relating to the purpose and need for the pesticide application.
(2) Specific evaluation of possible detrimental effects on water quality, air quality, groundwater, public health and safety, nontarget plants and animals, habitat diversity and interspersion and biological productivity.
(3) Specific evaluation of expected benefits.
(4) Additional information which may be requested by the Secretary.
(c) A request for a waiver shall be submitted at least 90 days prior to the proposed date of pesticide application.
(d) The Secretary will approve or deny the application within 60 days of receipt of the application.
Authority The provisions of this § 128.102 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128.102 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305271).
§ 128.103. Handling, transportation, storage, use and disposal of pesticides.
(a) A person may not use, handle, transport, store, dispose, display or distribute a pesticide in a manner that endangers man or the 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 or otherwise is in conflict with State or Federal laws or regulations.
(b) A person may not use, or cause to be used, a pesticide inconsistent with its labeling (as defined in § 128.2 (relating to definitions)). 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 dumping of pesticides in sewers or surface waters of this Commonwealth, except in conformance with permits issued by the Department of Environmental Protection, the Fish and Boat Commission or other Commonwealth agencies having jurisdiction regarding water pollution.
(3) Violates an applicable State or Federal act or regulation.
(4) Causes or allows the open dumping of pesticides or pesticide containers. All pesticide containers shall be triple rinsed or equivalent pressure rinsed and free of all visible pesticide residues, empty and punctured prior to disposal. Plastic pesticide containers should be offered for recycling or reconditioning where programs are available. If not, they may be disposed of in a permitted sanitary landfill or a permitted commercial incinerator.
(e) A person may not use, or cause to be used, a pesticide inconsistent with its labeling. A pesticide containing an advisory instruction concerning the use of the pesticide subject to the Federal Worker Protection Standard (see 40 CFR Part 170 (relating to worker protection standard)) shall be considered by the Secretary as a further restriction on the pesticide’s use.
(f) A business 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.
Authority The provisions of this § 128.103 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128.103 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305271) to (305272).
§ 128.104. Experimental use permits.
The Department shall be notified by the registrant prior to the use in this Commonwealth of a pesticide with an approved EPA experimental use permit. Notification must include copies of the EPA approval letter, a properly completed product label as defined in 40 CFR 172.6 (relating to labeling) and a list of the participants and cooperators involved in the program.
Authority The provisions of this § 128.104 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128.104 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305273).
§ 128.105. Additional responsibilities of certified applicators.
(a) A certified applicator is responsible for the actions of persons acting under his supervision and shall instruct the persons in the method of application for the pesticides that will be applied.
(b) A certified applicator shall be present at the application site on a routine basis to evaluate the work performance of those working under his supervision. The amount of time that a certified applicator spends at the application site shall be based upon the competence and experience of the person being supervised.
(c) A certified applicator shall be physically present at the application site if the label for the pesticides being applied so requires.
§ 128.106. Additional responsibilities relating to schools.
(a) General. A pesticide may not be applied in a common access area within a school building or on school grounds when students are expected to be in the common access area for normal academic instruction or organized extracurricular activities within 7 hours following the application. The applicator shall also comply with reentry time restrictions contained on the pesticide label, whichever is greater and the requirements in section 772.2 of the Public School Code of 1949 (24 P. S. § 7.772.2), regarding notification of pesticide treatments at schools.
(b) Exemptions. The following type of pesticide applications are exempt from this section.
(1) Disinfectants and Sanitizers.
(2) Self-containerized baits placed in areas not accessible to students.
(3) Gel type baits placed in cracks, crevices or voids.
(4) Swimming pool maintenance chemicals used in the care and maintenance of a swimming pool.
Authority The provisions of this § 128.106 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2).
Source The provisions of this § 128.106 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305273).
§ 128.107. Providing information upon request.
(a) A producer, distributor or other person shall maintain all books and records as required under section 8 of FIFRA (7 U.S.C.A. § 136f). The records shall be made available for inspection and reproduction when requested by the Department.
(b) Pesticide application business, pesticide dealer or person who handles, distributes, stores, transports or applies any pesticide shall upon request provide to the Department, information about the pesticides including brand name, EPA registration number and active ingredients.
(c) Pesticide application business, pesticide dealer or person who handles, distributes, stores, transports or applies any pesticide shall in an emergency upon request immediately provide to medical personnel information about the pesticides involved including brand name, EPA registration number and active ingredients.
Authority The provisions of this § 128.107 issued under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128.107 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.
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