3 Del. Admin. Code § 601-22.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 601-22.0 - Restrictions On The Use Of Pesticide For The Control Of Subterranean Termites

22.1 This section applies to commercial pesticide applications for the control of subterranean termites. It is directed primarily towards soil treatment and does not include other treatments applied as dusts, aerosols or fumigants, nor does it address application technology such as biological control agents or baits.

22.2 For the purpose of Section 22.0, the following definition shall apply:

"Termiticide" means a pesticide registered pursuant to the LAW and which is intended for preventing, destroying, repelling or mitigating termites.

22.3 Termiticides shall be used to establish a continuous chemical barrier in all applicable and labeled areas, and shall utilize at least the minimum application concentration and volume prescribed by the label. However, less than label-specified volume and the exclusion of label prescribed areas of treatment may be permitted if the conditions outlined in subsections 22.3.1 and 22.3.2 occur:

22.3.1 One or more of the following situations is present:

22.3.1.1 Specific environmental conditions are such that application of the termiticide at the full labeled concentration and volume may result in adverse environmental impact. Examples may include the presence of a well, a footing drain that empties into a water body, a high water table, etc.;

22.3.1.2 Structural barriers or soil conditions or types exist that prohibit application of the labeled volume or limit access to applicable soil treatment areas;

22.3.1.3 Specific customer request, or the recommendation of the certified applicator.

22.3.2 Within 14 days following the termiticide application, the following information shall be furnished in writing to the customer or to the customer's agent:

22.3.2.1 A full disclosure explaining the difference between full and partial applications. The disclosure shall include the termite control strategies being utilized and the reasons for those alternatives;

22.3.2.2 The pesticide used, including brand name and EPA registration number;

22.3.2.3 The actual volume of the termiticide applied;

22.3.2.4 Specific information of sufficient detail to distinguish where treatment actually occurred, including a diagram of the structure identifying treated areas, known well heads, and sites of visible termite activity;

22.3.2.5 A clear, concise statement indicating whether the application has any guarantee or warranty, and the terms of the guarantee or warranty, e.g., retreatment (full or partial), damage repair and retreatment, or no warranty.

22.3.2.5.1 This information shall be furnished to the customer or customer's agent on a form approved by the Department.

22.3.2.5.2 The applicator shall for a period of 2 years from the date of application, keep and maintain all completed copies of disclosure documents.

22.3.2.5.3 The records shall be made available to authorized employees of the Department upon request.

22.4 Any application of termiticides, pursuant to this section, must be conducted with a commercial applicator at the site of application. This commercial applicator must be certified in subsection 7.7.2, Wood Destroying Pest Control.

22.5 The disclosure information and written notification specified in subsection 22.3.2 are not required of termiticide treatments to utility poles, fence posts or tree stumps.

22.6 Any pre-construction termiticide application shall be applied in accordance with the termiticide product labeling and the U.S. Environmental Protection Agency, Pesticide Regulations (PR) Notice 96-7. For pre-construction treatments, PR Notice 96-7 supercedes Section 22.0, and no pre-construction treatment shall be applied at a lower dosage or concentration than specified on the label, for applications prior to installation of the finished grade.

22.7 Recommended Soil Sample Residue

22.7.1 Requirements for Termiticides as adopted by the Association of Structural Pest Control Regulatory Officials, effective November 14, 1995:

Termiticide	Parts Per Million (PPM)
Tribute	110
Dragnet	81
Torpedo	63
Prevail	46
Demon	28
Dursban	51
Pryfon	N/A

3 Del. Admin. Code § 601-22.0

2 DE Reg. 1380 (02/01/99)
3 DE Reg. 1693 (06/01/00)
7 DE Reg. 1674 (06/01/04)
10 DE Reg. 833 (11/01/06)
10 DE Reg. 1300 (02/01/07)
17 DE Reg. 723 (1/1/2014)
18 DE Reg. 960 (6/1/2015)
26 DE Reg. 1050 (6/1/2023) (Final)