Section 20-2201. GENERAL REQUIREMENTS FOR PESTICIDES

 

2201.1 Pesticides shall be used in strict accordance with the manufacturer’s labeling directions, and in compliance with District and federal laws and regulations.

 

2201.2 A pesticide operator shall maintain pesticide equipment or application apparatus in sound mechanical condition and a condition capable of satisfactory operation.

 

2201.3 A pesticide distributed in the District shall be distributed in the registrant’s or the manufacturer’s unbroken immediate container. 

 

2201.4 Pesticide containers shall have a label containing the information required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) securely affixed to the outside. 

 

2201.5 Unless the pesticide label indicates otherwise, no person shall use pesticide containers for any purposes other than containing the original labeled pesticide product.

 

2201.6 Each pesticide operator shall make available, and each pesticide applicator shall use, effective anti-siphon devices or back-flow preventers on all water-supply hoses to protect the water supply from pesticide contamination when drawing water from a water source during pesticide application or mixing.

 

2201.7 No person shall use pesticides in a manner that is harmful to human health, non-target organisms, or the environment.

 

2201.8 No person shall apply pesticides by air or ground equipment when the wind velocity is reasonably likely to cause the pesticide to drift beyond the target area.

 

2201.9 No person shall display or offer for sale pesticides in leaking, broken, corroded, or otherwise damaged containers, or with damaged or obscure labels.

 

2201.10 No person shall detach, alter, deface, or destroy, wholly or in part, any label or labeling prescribed by FIFRA.

 

2201.11 No person shall apply pesticides without a copy of the label available for inspection at the time and place of application.

 

2201.12 The inspection of premises for the purpose of determining the presence of pests shall only be performed by licensed pesticide applicators certified in the category of “Industrial, Institutional, Structural, and Health Related Pest Control,” as described in § 2301.5.

 

2201.13 The inspection of premises for the purpose of issuing wood infestation certificates  shall only be performed by licensed pesticide applicators certified in the subcategory of “Wood Destroying Organisms,” as described in § 2301.5(b).

 

2201.14 Nothing in these regulations shall be construed to relieve any person from liability for any damages to the person or property of another, caused by the use of pesticides even though the use conforms to regulations prescribed by the District Department of the Environment.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).