Section 250-RICR-40-15-2.24 - Pesticide and Pesticide Residue Storage and Display RequirementsThe following rules apply to the storage and the display for retail sale and use by private and commercial applicators of "general use" and "restricted use" pesticides.
2.24.1StorageA. When not on display for sale, or in use, all pesticides must be securely stored with access limited to authorized personnel/individuals only.B. Pesticide storage areas must be identified with appropriate pesticide storage warning signs.C. Pesticides shall be stored in cool, dry, well ventilated and well-lit rooms or building insulated to prevent freezing or overheating as well as protection from direct rainfall and flooding. The area shall be locked to prevent entry by children or unauthorized persons. The storage area shall have lighting so that labels can be easily read and any leaks quickly detected.D. Pesticide storage areas shall be constructed of rigid materials, shall have no bottom drains or openings, be impervious to seepage through or leakage to the surrounding environment so as to prevent contamination to groundwater or surface water or to the surrounding environment and capable of containing a pesticide spill 100% of the largest liquid pesticide container volume.E. Pesticides for sale or distribution, or for use by private or commercial applicators, as defined in these Rules and Regulations, in their respective operations shall not be stored in buildings wholly or partially occupied as private residences, unless that actual storage area, such as a garage, is structurally separate from that portion of the building in use as a living area or the location of the storage area does not present a potential risk of harm, injury, or damage to occupants or the residence(s) in the building; and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into the living areas. In the case of multi-family residences, the location of the storage area must not present a potential risk of harm, injury, or damage to occupants or the residence(s) in the building; and the ventilation in the storage area must be sufficient to keep fumes and/or any potential fumes from intruding into living areas.F. Pesticides may not be stored in buildings used for commercial or industrial businesses, unless: 1. The building meets the requirements for storage of pesticides by the Director; and2. The storage area is a structurally separate room from those occupied as routine office work areas, and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into occupied areas of the building; or3. In multi-unit commercial establishment or institutions, the location of the storage area must be structurally separate from other business and must not present a significant risk of harm, injury, or damage to occupants, employees, or facilities in the building. The ventilation in the storage area must also be sufficient to keep fumes and/or any potential fumes from intruding into occupied areas.G. Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable case, other human foods, animal feed or drugs, or in any manner that may result in contamination of food, feed or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within a building or fence and shall not be displayed on sidewalks.H. Pesticides when stored must be separated by type insecticide, herbicide, fungicide, etc., and in such a manner, which prevents cross contamination. It is prohibited to offer for sale or distribution pesticide packages and containers that are torn, punctured, rusted or leaking.I. "Restricted Use" pesticides must be stored separately from other general use pesticides or fertilizers to prevent distribution to a non-certified applicator.J. Pesticides must be clearly labeled at all times during storage.K. Pesticides may not be stored with other combustible materials such as gasoline, kerosene, petroleum products, solvents, or other fuels.L. Pesticides must be stored away from sources of ignition or fire hazard such as heating equipment, burning, welding, etc.M. Containers of pesticide which have been opened must be properly sealed when stored.N. Storage of discontinued, banned, or unregistered pesticides: 1. Unregistered or banned pesticides, unless subject to federal recall notice issued by the United States Environmental Protection Agency, must be returned to the manufacturer, if said manufacturer will accept them, or disposed of in accordance with the Department's Rules and Regulations for Hazardous Waste Management upon cancellation of the state and/or federal registration or imposition of the ban.2. However, in the event that a manufacturer fails to annually re-register or voluntarily discontinues the manufacture, distribution and sale of a pesticide for any reason other than §2.24.1(N)(1) of this Part; and the Director has determined that the pesticide poses no threat to public health or the environment if used according to label instructions, then said pesticide may be stored, distributed, or used up within two years from the date of expiration of its state registration. After two years, any remaining stocks and residues of said pesticide must be disposed of in accordance with §2.24.1(N)(1) of this Part.3. Receipt and storage of unregistered or banned pesticides is prohibited.O. Pesticides may not be stored outdoors except if they are: 1. Covered by a roof or tarpaulin, which will keep precipitation off the pesticides, and placed on pallets or a raised concrete platform above an impervious surface (e.g. concrete) so as to prevent direct contact with the soil and stormwater runoff.2. Stored in a manner to prevent freezing and overheating.3. Stored in well-lit areas to provide for easy reading of labels and detection of leaks or other accidental releases.4. Secured against entry by an unauthorized person, livestock or wildlife.5. Stored in a manner that prevents damage to packaging or containment structures from vehicles, and in a manner that prevents access by unauthorized vehicles. Pesticides shall be moved indoors in the event of conditions that may result in freezing, overheating, or incidental exposure to precipitation.P. Spill Response 1. Spill containment and clean-up materials shall be furnished at all pesticide storage areas.2. Spills shall be cleaned upon discovery.3. Spilled materials and migrating materials shall be immediately and properly contained and disposed of in accordance with pesticide label and federal and State hazardous waste disposal regulations.2.24.2Display for SaleA. Pesticides held for retail sale shall comply with §2.24.1 of this Part and the following requirements: 1. Pesticides shall not be displayed or stored with, or in such a manner which could result, in the event of a spill or leak, in the contamination of food, beverages, medical supplies or containers, other pesticides, tobacco and its products, fertilizers, or eating utensils.2. Pesticides must be clearly labeled at all times during display. Unlabeled pesticides, pesticides without the original label, or pesticides whose labels are illegible or whose contents have been damaged may not be displayed or offered for sale.3. General use pesticides on display for retail sale to the general public are exempt from §2.24.2(A)(1) of this Part entitled "Storage" when on retail sales display shelves or held for sale in a storage area.250 R.I. Code R. § 250-RICR-40-15-2.24