333 Mass. Reg. 13.06

Current through Register 1522, May 24, 2024
Section 13.06 - Application for Turf Pests
(1)Residential Properties. No commercial application of pesticides shall be made for the control of turf pests on residential properties without the following provisions:
(a) Prior to entering into any agreement to apply pesticides to residential turf or prior to renewal of an existing agreement to apply pesticides to residential turf, the applicator or his/her employer shall provide the Contracting Entity with a written statement approved by the Department which shall contain such information that the Department deems necessary.
(b) At the time of entering into any agreement to apply pesticides to residential turf, or at the time of renewal of an existing agreement to apply pesticides to residential turf, the applicator or his/her employer shall provide the Contracting Entity with the opportunity to request prior notification from the applicator or his/her employer of each application made to said property.
(c) Upon completion of each application, the applicator or his/her employer shall leave at the residence a written statement containing the following information:
1. The name and license/certification number of the applicator;
2. The names and EPA Registration Numbers of the pesticide products that were applied to the property and for what purpose;
3. Any precautions indicated on the labeling relative to post-application requirements; and
4. The date and time of application.
(d) Owners who occupy the residences associated with the turf being treated may waive the above requirements under the following conditions:
1. The property owner and immediate family are the only persons occupying the property being treated; or
2. The residence is unoccupied and will remain unoccupied for a minimum of 72 hours after the application is made.

The waiver must be at the written request of the property owner and made using a Department-approved form. Completed forms must be maintained by the applicator or his/her employer for three years.

(e) Prior to commencing each application, the applicator shall post a sign or signs, approved by the Department, on the turf intended for treatment. The applicator must leave such sign(s) posted on the property and shall instruct the customer that signs should neither be removed sooner than 24 hours after the application was made nor left up for more than 72-hours. Said signs must be posted at conspicuous points of access to the property.
(2)Non-residential Properties. No application of pesticides shall be made for the control of turf pests on public or private non-residential properties without the following provisions:
(a) Prior to entering into any agreement to apply pesticides to public or private non-residential turf, or prior to renewal of an existing agreement to apply pesticides to public or private non-residential turf, the applicator or his/her employer shall provide the Contracting Entity with a written statement approved by the Department which shall contain such information that the Department deems necessary.
(b) At the time of entering into any agreement to apply pesticides to public or private non-residential turf, or at the time of renewal of an existing agreement to apply pesticides to public or private non-residential turf, the applicator or his/her employer shall provide the Contracting Entity with the opportunity to request prior notification from the applicator or his/her employer of each application made to said property.
(c) After each application, the applicator shall notify the Contracting Entity, property manager, or turf superintendent of the application including the information provided for in 333 CMR 13.06(1)(c)1. through 4.
(d) Prior to commencing each application, the applicator shall post a sign or signs, approved by the Department, on the turf intended for treatment. The applicator must leave such sign(s) posted on the property and shall instruct the Contracting Entity, property manager, or turf superintendent that signs should neither be removed sooner than 24 hours after the application was made nor left up for more than 72 hours. Said signs must be posted at conspicuous points of access to the property.
(3)Golf Courses. In addition to the requirements of 333 CMR 13.06(2)(a) through (c), the following provisions shall apply to the application of pesticides made for the control of turf pests on golf courses:
(a) All records of pesticides application made for the control of turf pests on golf courses shall be kept on-site and made available to any individual upon a reasonable request.
(b) Prior to commencing each application, the applicator shall post signs, approved by the Department. The applicator must leave such signs posted on the property and shall instruct the Contracting Entity, property manager, or turf superintendent that signs should neither be removed sooner than 24 hours after the application was made nor left up for more than 72 hours. Said signs must be posted at the following points:
1. At the location where individuals must register or sign in before use of the turf;
2. At the first tee; and
3. At the tenth tee, if applications are made to turf that is used to play or access holes ten through 18 of the course.

333 CMR 13.06