Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.24 - Pesticide and Pesticide Residue Storage and Display Requirements

Current through June 14, 2024
The 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.
2.24.1
Storage
A. 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; and
2. 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;
				  or
3. 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.