Current through December 26, 2024
Section 250-RICR-40-15-2.19 - General RulesA. Pesticide Anti-Siphon. All pest control equipment using pesticides and drawing water from the surface waters of the State or from potable water supplies shall have an effective anti-siphon device approved by the Director to prevent back flow.B. No pesticide shall be applied to public water supplies or their tributaries except by legally established water supply entities or their agents as authorized by the Director. Pesticide applications to lands near or adjacent to public water supplies shall be made in such a manner that no pesticides drift or flow into such water supplies.C. No pesticide application may be made within 400 feet of gravel packed wells used for public water supply or within 250 feet of other wells so used, unless materials and methods to be employed have been approved by the Director.D. No restricted use or "state limited use" pesticide shall be applied to woodland areas exceeding 25 acres without the prior approval of the Director.E. Pesticide applications to areas adjacent to crops or pasturage shall be such that contamination of crops or pasturage does not occur.F. Pesticide application for agricultural purposes shall be such that contamination to adjacent lands does not occur.G. Pesticide applications to any surface waters of the State for the control of aquatic nuisances or for any other reason shall not be made unless such applications have been approved by the Director.H. No application of pesticides by means of aircraft shall be made within the State without prior approval of the Director or his designated representative.I. No application of pesticides shall be made by mechanically powered equipment at such times as the wind velocity will cause a hazardous chemical to drift beyond the target area.J. Pesticide containers shall not be used for any purpose, other than the storage of pesticides, unless such purpose has been approved by the Director and the containers have been properly cleaned.K. Pesticide dealers displaying "restricted use" or "state limited use" pesticides, shall display such pesticides in an area separate from general use pesticides.L. Pesticide dealers displaying "restricted use" or "state limited use" pesticides, shall post a sign bearing the statement "for sale to certified applicators only", at the display in a prominent position. The statement shall be imprinted letters at least one inch high.M. No pesticide may be distributed if part or all of the label is missing, unreadable, or otherwise damaged beyond recognition.N. No pesticide may be distributed in containers which are unsafe due to corrosion, leakage, spillage, or other damage.O. No person(s) under the age of eighteen (18) years of age shall apply "restricted use" or "state limited use" pesticides as a private or commercial applicator. Except that; farms that can demonstrate and provide written documentation of a hardship situation acceptable to the Department will allow an immediate family member between the ages of sixteen (16) and eighteen (18) years to obtain a private certification as long as the member has attended the required pesticide applicator training; passes the required examinations and satisfies the private certification licensing requirements.P. No person under the age of eighteen (18) shall apply general use pesticides as a commercial or private applicator except: 1. Farm employees sixteen (16) years of age or older may apply general use pesticides only under the direct supervision of a private applicator.2. Immediate farm family members sixteen (16) years or older may apply general use pesticides only on their parents farm without the supervision of a private applicator.Q. No person other than a licensed or certified commercial applicator shall apply pesticide within any building or on the grounds of any school, and no pesticide shall be applied in any building or on the grounds of any school during regular school hours or during planned activities at any school. This subsection shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobial agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants, the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 C.F.R. § 152.25 (2015), a pesticide application by public health officials during a state public health emergency or the emergency application of a pesticide to eliminate an immediate threat to human health, where it is impractical to obtain the services of a licensed or certified applicator; provided the application does not involve a restricted use or state limited use pesticide.R. No person shall apply "restricted use" pesticides or "state limited use" pesticides in or around school property of grades preschool through twelve (12) at any time (without prior written approval from the school administration and Department of Environmental Management.) This subsection is not applicable to pesticide applications by public health officials during a state public health emergency. In addition this subsection shall not apply to emergency situations where children's health and well being are at risk, such as stinging insects, poisonous plants or other known life or health threatening pests.S. No person shall make an application of Tributyltin antifouling paint unless applied: 1. By a commercial applicator certified in §2.10.5(B) of this Part.2. Within a commercial boatyard; and3. To vessels which exceed twenty-five meters (82.02 feet) in length or which have aluminum hulls.T. No person shall use or otherwise possess any pesticide in any rodent control bait box unless: 1. The bait box is secured against tampering when placed in areas accessible to pets or persons under eighteen (18) years of age; and2. The bait box has attached to it or contained therein a readable label with the following information about the pesticide contained therein: b. EPA registration number;c. Name and percentage of active ingredients in the bait box; andd. Appropriate signal word; that is, "Danger-Poison", "Warning", or "Caution", as stated on the pesticide label.e. Name, address, and phone number of the pest control company placing the bait box.3. For the purposes of interpretation of § 2.19(T)(1) of this Part, a bait box shall be considered secured against tampering when: a. It has met the standards for tamper proof/tamper resistant bait boxes as outlined by EPA; orb. The bait box containing the pesticide is in a secure storage area; orc. The bait box is at the actual physical location and under the direct observation of a pesticide applicator.250 R.I. Code R. 250-RICR-40-15-2.19