La. Admin. Code tit. 7 § XXV-147

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXV-147 - Fumigation

A. General

1. This rule governs all fumigation of residential and commercial structures, ships, railcars, trucks, commodity containers and vaults within the state of Louisiana, including ships at anchor in rivers within the borders of Louisiana and ships at anchor within a 3-mile limit off the coast of Louisiana.

2. The licensee shall comply with the Structural Pest Control Commission rules and regulations and shall follow all other applicable state and federal rules and regulations.

3. The licensee is responsible for compliance with all label and labeling requirements.

4. The licensee is responsible for giving any notice to law enforcement and/or fire protection agencies required by any governing body of the locality in which the fumigation will take place.

5. The licensee shall make certain that personal protection equipment for the fumigant being used is immediately accessible where the fumigation is being done.

6. The licensee shall remove all signs, fumigation containers and/or materials, and any other debris which accumulated as a direct result from the fumigation.

7. The licensee shall have all gas detection/monitoring instruments for the fumigant being used properly calibrated to meet manufacturer standards prior to the application of the fumigant.

B. Requirements for Structural Fumigation

1. The permittee or primary licensee shall give notice, in writing, to be received by the department at least 24 hours prior to structural fumigation. Notice to the department shall include the following items:

a. time and place where the fumigation will take place;

b. name, address and emergency phone number of the licensee;

c. name of the fumigant to be used;

d. a brief description of the property to be fumigated;

e. target pest;

f. location of target pest; and

g. other information the commission requests.

2. When notice cannot be given as required by §147. B 1, notice shall be given by phone but shall be confirmed in writing, to be received by the commission within 24 hours after the telephone notice.

3. A licensed fumigator shall personally inspect all structures that are to be fumigated while they are being tented or sealed after the structure has been evacuated.

4. A licensed fumigator shall seal or supervise the sealing or the area to be fumigated and assure that there is proper and secure sealing to confine the fumigant to the area that is to be fumigated, prior to the release of the fumigant.

5. A licensed fumigator shall see that a sign or signs of sufficient size as to be conspicuous and bearing the word "poison" and the skull-and-crossbones symbol, is prominently displayed at all entrances to the area being fumigated continuously from the time the area is sealed until ventilation is completed.

6. When tarp fumigation is being used, in addition to the signs on each entrance of the building, there shall be at least one sign on each side of the exterior tarp. If any side of the building exceeds 35 feet, additional signs will be added. The maximum distance between signs of any side of a building will be 60 feet.

7. Two test lines with at least 1/4 inch outside diameter shall be appropriately located on the first floor of the structure(s) being fumigated to permit sufficient readings of the fumigant concentrate to determine its efficacy in destroying insects. They shall be on opposite sides of the building. In multi-story buildings the lines shall be on different floors. A written record of fumigant level readings shall be maintained during progress of job and will become part of job file.

8. A licensed fumigator shall post a guard(s) to prevent entry by an unauthorized person into the area being fumigated. The guard is not required to be a licensed pest control operator or registered employee.

9. Whenever one unit of a complex containing more than one unit is to be fumigated, all units of the building to be fumigated shall be evacuated during fumigation and until such time as the fumigated area is declared safe for occupancy. A licensed fumigator shall inspect all units of a complex.

10. A licensed fumigator shall be present when the fumigant is released and immediately prior to the time when the fumigated area is declared safe for occupancy. At least one other person, trained in fumigation in addition to the above, shall be present when the fumigant is released and immediately prior to the time when the fumigation area is declared safe for occupancy.

11. A licensed fumigator shall personally inspect the area which was fumigated when ventilation is completed to assure that the fumigated area, and adjacent areas as appropriate, is safe for occupancy.

C. Requirements for Shipboard Fumigation

1. A licensed fumigator shall be present for the initial application of fumigant.

2. A licensed fumigator is responsible to declare the ship safe for occupancy.

D. Requirements for Commodity Fumigation. A licensed fumigator shall:

1. check inside the container along the junctures to be sealed before fumigation;

2. all openings in vehicles being fumigated must be sealed;

3. inside and outside warning signs shall be posted as required by labeling and label requirements;

4. after releasing the fumigant, check for leakage and repair any leaks which occur;

5. the permittee or licensed fumigator licensee shall notify the consignee, in writing, of the fumigant being used, antidotes and the proper procedures for handling any vehicle(s) or commodity container(s) which is shipped under gas.

La. Admin. Code tit. 7, § XXV-147

Promulgated by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 11:332 (April 1985), amended LR 17:251 (March 1991), LR 37:293 (January 2011), Amended LR 441237 (7/1/2018), Amended by LR 461542 (11/1/2020), Amended LR 492079 (12/1/2023), Repromulgated LR 50778 (6/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3306.