reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PRIVATE APPLICATORS › Section 128.62 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A private
					 applicator will be eligible for a permit upon reaching 16 years of age and
					 fulfilling the requirements of §
											128.61 (relating to determination
					 of competence) and subsection (b).
(b) Within 1 year of fulfilling the
					 requirements of §
											128.61, a private applicator shall
					 file with the Department an application for a permit accompanied by the
					 appropriate fee. A person who fails to file within this 1 year period shall
					 again establish eligibility under § 128.61.
(c) A private applicator will be issued a
					 numbered permit which shall be used by the applicator when purchasing a
					 restricted use pesticide.
(d) A
					 private applicator with an expired permit may not make an application of a
					 restricted use pesticide (unless the individual is working under the direct
					 supervision of a certified applicator).
The provisions of this §
													128.62 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
This section cited in 7 Pa. Code §
													128.63 (relating to
						  recertification).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PRIVATE APPLICATORS › Section 128.63 - Recertification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At intervals of
					 3 years, a private applicator shall have accumulated credits as a result of
					 having received update training approved by the Department in technology
					 relating to the proper and safe use of pesticides to continue as a permitted
					 private pesticide applicator. Training will be divided into core and category
					 specific areas as specified in §
											128.45(a)
					 (relating to recertification).
(1)
Core.
(i) Safety and
					 health.
(ii) Labeling and label
					 comprehension.
(iii) Environmental
					 protection.
(iv) Equipment use,
					 calibration and dosage calculations.
(v) Protective clothing and respirator
					 equipment.
(vi) Cleaning and
					 maintaining equipment.
(vii)
					 Transportation, storage, security and disposal.
(viii) Applicable State and Federal
					 laws.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PRIVATE APPLICATORS › Section 128.64 - Fumigation by a private applicator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A private applicator shall hold a permit
					 in the proper fumigation category to purchase or attempt to purchase or use a
					 restricted use fumigant product.
(b) In addition to the requirements in §
											128.61 (relating to determination
					 of competence), a private applicator using commodity and space, or soil
					 fumigants shall demonstrate competence in the proper and safe use of these
					 pesticides. Competency shall be demonstrated by passing a proctored written
					 examination specifically relating to each type of fumigant the applicator
					 intends to use. Only reference materials approved by the Department may be used
					 during the examination. The applicant shall provide to the proctor proof of
					 personal identification by presenting a photo identification document issued by
					 an agency of the United States Government or affiliated jurisdiction (that is,
					 state or territory), such as a driver license, valid passport, military
					 identification card or an immigration card; or at least two nonphoto
					 identification documents one of which must be a United States Government issued
					 document bearing the person's signature, such as a Social Security card. The
					 other nonphoto identification documents must identify the holder by name and
					 address.
(c) A special permit will
					 be issued, relating to fumigation, and will be valid for a 3-year period. A fee
					 will not be charged for this special permit. A special permit will not be
					 issued for the use of a fumigant unless the applicant has a private
					 applicator's permit.
(d)
					 Recertification requirements shall be met through attendance at approved
					 meetings and consist of at least two credits of category specific education
					 relating to the appropriate area of fumigation in which the applicator is
					 certified. The credits obtained by a private applicator to meet the
					 requirements of this subsection may also be used to meet the requirements of
					 §
											128.63 (relating to
					 recertification).
The provisions of this §
													128.64 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PRIVATE APPLICATORS › Section 128.65 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A private
					 applicator shall keep for each application of a restricted use pesticide a
					 record containing the following information:
(1) The date of application. For a restricted
					 use pesticide requiring a reentry time, the date of application must include
					 the hour completed.
(2) The place
					 of application including the name and address of the farm and the specific
					 field or land area and the crop treated.
(3) The size of the area treated.
(4) The brand name of every restricted use
					 pesticide used.
(5) The EPA product
					 registration number.
(6) The total
					 amount of every restricted use pesticide used in pounds, ounces, gallons,
					 liters, applied to a treated area.
(7) The dosage or rate of application of
					 every restricted use pesticide used.
(8) The names and the permit or certification
					 numbers of the persons making or supervising the application. When applicable,
					 the names of the noncertified applicators acting under the direct supervision
					 of the private applicator shall be recorded.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › RECIPROCITY › Section 128.71 - General

Current through Register Vol. 54, No. 28, July 13, 2024
A person who is not a resident of this Commonwealth, but
						who has a valid license, certificate or permit from another state, may obtain
						an appropriate Pennsylvania license, certificate or permit if the state in
						which the person is licensed has a reciprocal agreement with the Commonwealth
						under section 22 of the act (3 P. S. §
												111.42). A license, certificate or permit
						will be issued under this section only for the initial period of issuance for
						that eligible category.
The provisions of this §
													128.71 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
This section cited in 7 Pa. Code §
													128.72 (relating to
						  procedure).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › RECIPROCITY › Section 128.72 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A person desiring a license under §
											128.71 (relating to general) shall
						submit to the Department a properly completed application, the appropriate fee
						and evidence of financial responsibility as required along with a copy of the
						person's current license, certificate or permit, proof of having reached the 18
						years of age, out-of-State residency and proof of personal identification by
						presenting a photo identification document issued by an agency of the United
						States Government or affiliated jurisdiction (that is, state or territory),
						such as a driver license, valid passport, military identification card or an
						immigration card; or at least two nonphoto identification documents one of
						which must be a United States Government issued document bearing the person's
						signature, such as a Social Security card. The other nonphoto identification
						documents must identify the holder by name and address.
The provisions of this §
													128.72 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.81 - Right-of-way application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prior notification required.
A commercial/public applicator
				  may not apply a restricted use pesticide to a right-of-way without first giving
				  prior notification in the form of a notice published in two newspapers of
				  general circulation in the affected area.
(b)
Alternative form of
				  notification.
In lieu of the notification requirements described in
				  subsection (a), an applicator may give prior notification by constructive
				  notification to a person residing in every dwelling unit on land contiguous to
				  the restricted use pesticide application site.
(c)
Additional information.
(1) At least 7 days prior to the proposed
				  application date, a person residing in a dwelling on land contiguous to the
				  application site may request additional information from the pesticide
				  application business. Upon the request, the pesticide application business
				  shall make constructive notification and provide the following additional
				  information at least 12 hours prior to the time of application:
(i) The proposed date and time of the
				  application.
(ii) The brand name of
				  every restricted use pesticide to be applied including the EPA registration
				  number.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.82 - Nonagricultural specific site application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prior notification
				  required.
A commercial/public applicator may not make a specific site
				  application of a restricted use pesticide without first giving prior
				  notification by constructive notification to a person residing in every
				  dwelling unit on land contiguous to the application site.
(b)
Additional information.
(1) At least 7 days prior to the proposed
				  application date, a person residing in a dwelling on land contiguous to the
				  application site may request additional information from the pesticide
				  application business. Upon the request, the pesticide application business
				  shall make constructive notification and provide the following additional
				  information at least 12 hours prior to the time of application:
(i) The proposed date and time of
				  application.
(ii) The brand name of
				  every restricted use pesticide to be applied including the EPA registration
				  number.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.83a - Agricultural application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prior notification required.
A commercial/public applicator
				  may not apply a restricted use pesticide for an agricultural purpose without
				  first giving prior notification in the form of a notice published in two
				  newspapers of general circulation in the affected area.
(b)
Additional information.
(1) At least 7 days prior to the proposed
				  application date, a person residing in a dwelling on land contiguous to the
				  restricted use pesticide application site may request additional information
				  from the pesticide application business. Upon the request, the pesticide
				  application business shall make constructive notification at least 12 hours
				  prior to the time of application, and provide the following additional
				  information:
(i) The proposed date and time of
				  application.
(ii) The brand name of
				  every restricted use pesticide to be applied including the EPA registration
				  number.
(iii) The business name,
				  address and phone number.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.84 - Nonagricultural area-wide application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prior notification
				  required.
A commercial/public applicator may not make an area-wide
				  application of a restricted use pesticide without first giving prior
				  notification in the form of a notice published in two newspapers of general
				  circulation in the affected area.
(b)
Additional information.
(1) At least 7 days prior to the proposed
				  application date, a person residing in a dwelling on land contiguous to the
				  application site may request additional information from the pesticide
				  application business. Upon the request, the pesticide application business
				  shall make constructive notification and provide the following information at
				  least 12 hours prior to the time of application.
(i) The proposed date and time of
				  application.
(ii) The brand name of
				  every restricted use pesticide to be applied including the EPA registration
				  number.
(iii) The business name,
				  address and phone number.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.85 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												128.85 reserved under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
This section cited in 7 Pa. Code §
												130d.5 (relating to public notice
						by applicant).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.85a - Ornamental or turf application notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification.
(1) A person who wishes to be notified of
				  future pesticide applications to lawn, turf, ornamental or shade trees on
				  neighboring property shall submit a written request to the licensed pesticide
				  application business that will be making the pesticide application. This
				  notification is limited to applications made by pesticide application
				  businesses operating under pesticide applicator Category 06 or 07 (relating to
				  ornamental and shade trees; and lawn and turf) as described in §
											128.32 (relating to categories of
				  business licenses) and limited to neighboring property sharing a mutual
				  property border within 100 feet of the pesticide application site.
(i) This written request for notification
				  must provide the neighboring property owner's name and street address for each
				  neighboring property where a pesticide application may occur and notification
				  is desired.
(ii) The requirement to
				  notify becomes effective 7 days following receipt of the request by the
				  pesticide application business.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.86 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												128.86 reserved under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
This section cited in 7 Pa. Code §
												130d.5 (relating to public notice
						by applicant).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.87 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												128.87 reserved under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
This section cited in 7 Pa. Code §
												130d.5 (relating to public notice
						by applicant).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.88 - Recordkeeping for prior notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The pesticide application business shall
				  keep, for each occasion in which prior notification is required, a record
				  containing the following information:
(1) A
				  copy of the newspaper advertisement or a statement describing other methods of
				  prior notification that this chapter authorizes.
(2) The name and address of every person
				  requesting additional information.
(3) The date and time of individual
				  notification.
(4) A copy of
				  correspondence relating to prior notification or additional
				  information.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter C - PRIOR NOTIFICATION › Section 128.89 - Notification request

Current through Register Vol. 54, No. 28, July 13, 2024
A request for notification made under this subchapter shall
					 expire on December 31 in the year in which it is made.
This section cited in 7 Pa. Code §
												130d.5 (relating to public notice
						by applicant).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter D - REGISTRATION OF PESTICIDES › Section 128.91 - EPA approval required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only
				  pesticides which have been approved by the EPA for registration under section 3
				  of FIFRA (7 U.S.C.A. §
											136a) or are permitted to be distributed
				  under a Federal exemption under section 18 or 25(b) of FIFRA (7 U.S.C.A. §
											§
											136p and
				  136w(b)) may be
				  registered by the State.
(b) State
				  registration of products sold only under an emergency exemption approved under
				  section 18 of FIFRA will remain in effect only for the period specified by the
				  EPA in granting approval of an exemption, and will require the registrant to
				  provide to the State all information required under
				  40 CFR
				  166.32 (relating to reporting and
				  recordkeeping requirements for specific, quarantine and public health
				  exemptions).
(c) Pesticide
				  registration is required for all pesticides exempted from regulation under
				  FIFRA under 40 CFR
				  152.25(f) (relating to
				  exemptions for pesticides of a character not requiring FIFRA regulation). State
				  registration of products under this exemption will be permitted only when the
				  product labeling, composition, efficacy and risks are consistent with the terms
				  for Federal exemption.
The provisions of this §
												128.91 amended under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
This section cited in 7 Pa. Code §
												128.41 (relating to requirements
						for certification).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter D - REGISTRATION OF PESTICIDES › Section 128.92 - Special local need registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Special local need registrations are
				  subject to approval by the Department for pesticides currently registered for
				  use in this Commonwealth. A special local need label shall conform with
				  40 CFR
				  162.153(e) (relating to
				  state registration procedures).
(b)
				  A copy of the proposed special local need use label, supporting data and a
				  statement verifying the existence of a special local need shall be submitted
				  with the completed form provided by the Department for special local need
				  registration.
(c) A pesticide
				  registered under this section may be cancelled by the Department or by the
				  EPA.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.101 - Reporting of pesticide significant accidents or incidents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary has designated the
				  Department as the State agency to which significant pesticide accidents or
				  incidents shall be reported.
(b) A
				  person after becoming aware of a significant pesticide accident or incident or
				  who has knowledge of a significant pesticide accident or incident shall
				  immediately report it to the Department.
(c) As used in this section, the term
				  "significant pesticide accident or incident" means an accident or incident
				  involving a pesticide which requires a person to obtain medical treatment,
				  results in illness requiring veterinary treatment of any wild or domestic
				  animal, results in the unintended death of a human or animal, pollutes the
				  waters of this Commonwealth or causes damage which results in an economic loss
				  of plants, organisms, structures or stored commodities.
(d) A regulated person who following a
				  pesticide application becomes aware of an unexpected adverse effect resulting
				  from the pesticide product when applied in a manner consistent with the label
				  directions shall contact the Department and provide information on the
				  application and its effects.
(e)
				  This section does not supersede the reporting procedures of other statutes or
				  the regulations promulgated thereunder.
The provisions of this §
												128.101 amended under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.102 - Protected designated areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  application of a restricted use pesticide within 100 feet of certain
				  publicly-owned or designated lands will not be permitted unless a waiver is
				  granted by the Secretary. Lands affected by this restriction include:
(1) State forest land designated as a
				  Conservation Area under 17 Pa. Code Chapter 44 (relating to conservation areas)
				  or as a Natural Area or Wild Area under 17 Pa. Code Chapter 27 (relating to
				  State Forest Natural Areas-statement of policy) and State park land designated
				  as a Conservation Area under 17 Pa. Code Chapter 44 or as a Natural Area under
				  17 Pa. Code Chapter 17 (relating to State Parks Natural Areas-statement of
				  policy).
(2) Areas containing
				  endangered or threatened plant or animal species. These species are listed in
				  17 Pa. Code §
											§
											45.12 and
				  45.13 (relating to Pennsylvania
				  endangered; and Pennsylvania threatened); fish identified in 58 Pa. Code §
											§
											75.1 and
				  75.2 (relating to endangered
				  species; and threatened species); and 58 Pa. Code §
											§
											133.21 and
				  133.41 (relating to classification
				  of birds; and classification of mammals).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.103 - Handling, transportation, storage, use and disposal of pesticides

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
				  not use, handle, transport, store, dispose, display or distribute a pesticide
				  in a manner that endangers man or the environment or contaminates food, feed,
				  feed supplements, medications, fertilizers, seed or other products that may be
				  handled, transported, stored, displayed or distributed with the pesticides or
				  otherwise is in conflict with State or Federal laws or regulations.
(b) A person may not use, or cause to be
				  used, a pesticide inconsistent with its labeling (as defined in §
										128.2 (relating to definitions)). A
				  pesticide label containing an advisory instruction concerning the use of the
				  pesticide being an environmental hazard shall be considered by the Secretary as
				  a further restriction on the pesticide's use.
(c) An application of a pesticide may not be
				  made where weather conditions are such that it can be expected that the
				  pesticide will move off of the proposed application site.
(d) A person may not dispose of, store or
				  receive for disposal or storage a pesticide, pesticide container or pesticide
				  container residue in a manner that does one or more of the following:
(1) Is inconsistent with its label or
				  labeling.
(2) Causes or allows
				  dumping of pesticides in sewers or surface waters of this Commonwealth, except
				  in conformance with permits issued by the Department of Environmental
				  Protection, the Fish and Boat Commission or other Commonwealth agencies having
				  jurisdiction regarding water pollution.
(3) Violates an applicable State or Federal
				  act or regulation.
(4) Causes or
				  allows the open dumping of pesticides or pesticide containers. All pesticide
				  containers shall be triple rinsed or equivalent pressure rinsed and free of all
				  visible pesticide residues, empty and punctured prior to disposal. Plastic
				  pesticide containers should be offered for recycling or reconditioning where
				  programs are available. If not, they may be disposed of in a permitted sanitary
				  landfill or a permitted commercial incinerator.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.104 - Experimental use permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department shall be notified by the registrant prior to
					 the use in this Commonwealth of a pesticide with an approved EPA experimental
					 use permit. Notification must include copies of the EPA approval letter, a
					 properly completed product label as defined in
					 40 CFR
					 172.6 (relating to labeling) and a list of
					 the participants and cooperators involved in the program.
The provisions of this §
												128.104 amended under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.105 - Additional responsibilities of certified applicators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A certified applicator is responsible for
				  the actions of persons acting under his supervision and shall instruct the
				  persons in the method of application for the pesticides that will be
				  applied.
(b) A certified applicator
				  shall be present at the application site on a routine basis to evaluate the
				  work performance of those working under his supervision. The amount of time
				  that a certified applicator spends at the application site shall be based upon
				  the competence and experience of the person being supervised.
(c) A certified applicator shall be
				  physically present at the application site if the label for the pesticides
				  being applied so requires.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.106 - Additional responsibilities relating to schools

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A pesticide may
				  not be applied in a common access area within a school building or on school
				  grounds when students are expected to be in the common access area for normal
				  academic instruction or organized extracurricular activities within 7 hours
				  following the application. The applicator shall also comply with reentry time
				  restrictions contained on the pesticide label, whichever is greater and the
				  requirements in section
				  772.2 of the Public School Code of
				  1949 (24 P. S. §
											7.772.2),
				  regarding notification of pesticide treatments at schools.
(b)
Exemptions.
The
				  following type of pesticide applications are exempt from this section.
(1) Disinfectants and Sanitizers.
(2) Self-containerized baits placed in areas
				  not accessible to students.
(3) Gel
				  type baits placed in cracks, crevices or voids.
(4) Swimming pool maintenance chemicals used
				  in the care and maintenance of a swimming pool.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter E - MISCELLANEOUS › Section 128.107 - Providing information upon request

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A producer, distributor or other person
				  shall maintain all books and records as required under section 8 of FIFRA
				  (7 U.S.C.A. §
											136f). The records shall be made available
				  for inspection and reproduction when requested by the Department.
(b) Pesticide application business, pesticide
				  dealer or person who handles, distributes, stores, transports or applies any
				  pesticide shall upon request provide to the Department, information about the
				  pesticides including brand name, EPA registration number and active
				  ingredients.
(c) Pesticide
				  application business, pesticide dealer or person who handles, distributes,
				  stores, transports or applies any pesticide shall in an emergency upon request
				  immediately provide to medical personnel information about the pesticides
				  involved including brand name, EPA registration number and active
				  ingredients.
The provisions of this §
												128.107 issued under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter F - PESTICIDE HYPERSENSITIVITY REGISTRY › Section 128.111 - Registry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  will maintain a list of individuals who have been verified as being
				  hypersensitive to pesticides. The list will be referred to as the Pesticide
				  Hypersensitivity Registry.
(b)
				  Individuals who want to be included on the registry shall have their
				  hypersensitivity to pesticides verified by a physician, and are solely
				  responsible for providing written verification to the Department.
(c) Pesticide-hypersensitive individuals who
				  want to be on the registry shall provide to the Department their name and
				  primary residence including street address, city, state, zip code, county,
				  daytime telephone number and nighttime telephone number. Each individual shall
				  also provide an alternate telephone number where notification information can
				  be conveyed. Individuals may also provide secondary locations, addresses and
				  associated telephone numbers to be maintained as part of their listing. An
				  individual submitting a request for listing less than 2 months preceding the
				  effective date, as described in subsection (e), may not be included on the
				  current registry with that effective date, but will be included in the next
				  registry.
(d) To remain on the
				  registry, an individual shall notify the Department annually during the month
				  of October of the individual's intent to remain on the registry for the next 12
				  months. Medical verification will not be required for this renewal.
(e) The Department will distribute the
				  current registry to each licensed commercial and public pesticide application
				  business on or before the effective dates of March 1 and July 15 of each year.
				  Individuals will not be considered officially included on the registry unless
				  their names appear on the current registry.
The provisions of this §
												128.111 amended under section
						7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
													111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter F - PESTICIDE HYPERSENSITIVITY REGISTRY › Section 128.112 - Notification of hypersensitive individuals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Prior to a
				  pesticide application being made by a commercial or public pesticide
				  application business the following conditions shall be met:
(1) Each individual listed on the current
				  registry whose primary residence or secondary locations property line is within
				  500 feet of the application site shall be notified of the pesticide
				  application.
(2) Notification shall
				  consist of providing the following information to the individual on the
				  registry:
(i) Date, location (application
				  site), earliest possible start time and latest possible finish time of
				  application. The range between start and finish times may be no greater than 24
				  hours.
(ii) Brand name, EPA number
				  and active ingredient common name (if on the label) of the pesticide products
				  which may be used.
(iii) The name,
				  telephone number and pesticide business license number of the pesticide
				  application business.
(iv) A copy
				  of the label for every pesticide used within 10 days of a written
				  request.
(3) Notification
				  shall be made between 12 hours and 72 hours prior to the pesticide
				  application.
(4) Notification shall
				  be made by telephone, personal contact or certified mail or, if available,
				  electronic mail or facsimile.
(i) Notification
				  requirements are met through constructive notification by contacting the
				  hypersensitive person's daytime or nighttime listings in the register or if the
				  information is given to an adult contacted by dialing the alternate telephone
				  number.
(ii) If notification cannot
				  be made after at least two telephone contact attempts, notification may be made
				  by placing the written notification information on the front door of the listed
				  residence or secondary location listed in the registry within 500 feet of the
				  application site 12 to 72 hours prior to the application.
(iii) A record shall be kept of every contact
				  and contact attempt made under this paragraph.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.1 - Authority and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under the
				authority granted it under the act, the Department establishes a pesticide
				disposal program to be designated as "CHEMSWEEP." This Program will allow the
				Department to identify and quantify canceled, unused or suspended pesticides
				held, owned or possessed by citizens of this Commonwealth. The information
				derived from this inventory shall be used in the solicitation of bids from
				hazardous waste disposal contractors for the safe collection, transportation
				and disposal of the pesticides.
(b)
				This Program will be conducted within counties which are designated by the
				Department each year.
(c) By
				addressing the pesticide disposal needs of Commonwealth citizens, the Program
				addresses the needs of persons who have accumulated and stored chemicals in
				this Commonwealth with the potential to affect the environment and human
				safety. Citizens of this Commonwealth currently lack an available, economical,
				environmentally sound, and effective means of disposing of potentially
				hazardous pesticides.
The provisions of this §
											128b.1 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.3 - Selection of participating counties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
County participation
.
				The Department will conduct the Program yearly in selected counties of this
				Commonwealth.
(b)
Selection
				criteria
. In selecting the counties to participate in the Program
				during a particular fiscal year, the Department will consider:
(1) The amount of funds available for the use
				of the Program.
(2) The
				availability of support from agricultural agencies and local governments within
				the county.
(3) The proximity of
				the county to other counties selected to participate in the Program in that
				particular fiscal year.
(4) The
				environmental or health risks posed by the pesticide inventory of a particular
				county.
(5) Other factors relevant
				to the selection of the county on economic, environmental or safety
				grounds.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.4 - Limitation of the number of participating counties

Current through Register Vol. 54, No. 28, July 13, 2024
The number of eligible counties participating during a
				  particular fiscal year may not exceed 21 except when emergency situations
				  arise.
The provisions of this §
											128b.4 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.5 - Funding

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Principal source
. A portion of the annual fees collected by
				the Department with respect to the registration of pesticides distributed
				within this Commonwealth, as described at section 5.1(a) of the act
				(3 P.
				S. §
										111.25a(a)) and
				§
									128.3(i) 
				(relating to fees), shall be the principal source of funding for the
				Program.
(b)
Additional
				sources
. Funds from sources other than the pesticide product
				registration fee described in this section may be used to defray the costs of
				the Program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.6 - Eligibility of persons to participate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements
. To be
				eligible to be considered for participation in the Program, a person shall meet
				the following requirements:
(1) Hold, own or
				possess pesticides that are or have been registered for sale and use within
				this Commonwealth.
(2) Hold, own or
				possess the pesticides within a participating county.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.7 - Preregistration application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application required
. A person who seeks to participate in the
				Program shall complete and file with the Department a preregistration
				application form.
(b)
Mandatory information
. The Department will develop a Program
				preregistration application form, and will provide prospective applicants with
				the form upon their request. The form will require that an applicant provide
				the following information, when known and applicable, with respect to each
				pesticide for which disposal is sought:
(1)
				The compound or trade name of the pesticide.
(2) The active ingredient or common name of
				the pesticide.
(3) The EPA
				registration number of the pesticide.
(4) The United States Department of
				Agriculture (USDA) registration number of the pesticide.
(5) The type of formulation of the
				pesticide.
(6) The type of
				container of the pesticide.
(7) The
				number of containers of the pesticide.
(8) The condition of the container holding
				the pesticide.
(9) The total
				quantity of the pesticide.
(10) The
				exact location of the pesticide.
(11) The name, address and telephone number
				of the applicant.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.8 - Preregistration process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application period
. The Department will fix a 90 day period
				within which it will accept preregistration application forms within a
				particular participating county.
(b)
Dissemination of notice
. Prior to the commencement of the preregistration application period, the
				Department will publish notice of the Program and the preregistration period in
				either a newspaper of general circulation within the participating county or
				another publication of general circulation within a participating county. When
				practicable, the Department may enlist the assistance of entities such as the
				County Extension Service of the United States Department of Agriculture, the
				Pennsylvania Farmers' Union, the Pennsylvania Grange Association, the
				Pennsylvania Farm Bureau, County Conservation Districts and county and local
				governments in disseminating the notice and information.
(c)
Discretionary extension of
				application period
. In furtherance of the intent of the Program to
				arrange for the safe collection and disposal of pesticides within a
				participating county, the Department has the discretion to accept a
				preregistration application form submitted to it beyond the 90-day
				preregistration application period.
The provisions of this §
											128b.8 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
This section cited in 7 Pa. Code §
											128b.13 (relating to pesticide
					 inventory).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.9 - Inspection and verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Department inspection
. The Department may physically inspect
				the premises at which a pesticide listed on a preregistration application is
				stored. The inspection will be conducted at a time agreeable to both the
				Department and the applicant. The purpose of an inspection will be to:
(1) Verify information contained on the
				preregistration application form.
(2) Draw samples of unidentified pesticides
				for analysis at the Department's laboratories.
(3) Ascertain the condition of pesticide
				containers and assess other factors relevant to the safe collection, packing,
				transport or disposal of the pesticides.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.10 - Responsibilities of applicant or participant

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally
. An applicant
				or participant is responsible for the safe storage of pesticides held, owned or
				possessed by the applicant or participant. This exclusive responsibility does
				not lapse with the filing of a preregistration application, with an inspection
				of the pesticide or pesticide storage area or with the notice of acceptance of
				the pesticide for disposal through the Program as described in §
									128b.15 (relating to notification
				of participants). Action by the Department does not relieve the applicant or
				participant of the responsibility to store pesticides in a safe and lawful
				manner. With respect to central-site pesticide collection, the participant
				shall retain sole responsibility for the safe transport of pesticides and for
				the cleanup, if necessary, of the site at which the pesticide was stored. With
				respect to onsite pesticide collection, the contractor is responsible for the
				cleanup, if necessary, of the site at which the pesticide was stored. The
				contractor is responsible for property damage, personal injuries and the
				cleanup of spills or other contamination which it causes. The contractor will
				not be responsible for the clean up of any areas outside of the site at which
				the pesticides are stored.
(b)
Right to withdraw
. An applicant or participant may withdraw
				from the Program at any time.
The provisions of this §
											128b.10 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.11 - Unidentified pesticides

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will obtain a sample of an unidentified
				  pesticide with respect to which disposal is sought through the Program. The
				  sample will be analyzed by the laboratories of the Department. If the
				  Department is subsequently able to identify the previously unidentified
				  pesticide, it will determine whether that particular pesticide container shall
				  be placed on the pesticide inventory for the participating county in which the
				  pesticide is located. The Department has discretion whether it will accept
				  unidentified pesticides or substances for disposal through the
				  Program.
The provisions of this §
											128b.11 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.12 - Program limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will accept a maximum of 2,000 pounds of pesticide for disposal from
				any one participant annually. The participant may pay the contractor directly
				for collection, transport and disposal of pesticides in excess of 2,000 pounds
				at the Commonwealth's contract price. The Department reserves the right to
				accept any excess pesticides or renegotiate acceptable poundage when deemed
				necessary by the Department.
(b)
				Criteria for acceptance or renegotiation of excess acceptable poundage when
				deemed necessary by the Department will include the following:
(1) Quantity of excess over 2,000
				pounds.
(2) Condition of pesticides
				or containers to be collected.
(3)
				Location and condition of storage area.
(4) Ability of participant to pay for excess
				poundage.