Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1200 - What are the restrictions on pesticide distribution, transportation, application, storage and disposal?

Current through Register Vol. 24-14, July 15, 2024
(1) No person shall handle, transport, store,
				display, apply, dispose of or distribute pesticides in such a manner as to
				endanger humans and their environment or to endanger food, feed, or any other
				product that may be transported, stored, displayed, or distributed with such
				pesticides. Toxicities of pesticides shall be considered in distribution,
				storage, handling, and merchandising practices.
(2) Highly toxic pesticides shall not be
				transported in the same compartment of the vehicle or other equipment together
				with clothes, food, feed, or any other material intended for consumption by
				humans or animals. Any vehicle or other equipment shall be inspected by the
				owner or authorized agent for contamination before reuse. In instances where
				leakage or spillage has occurred, the shipper of the pesticides shall be
				immediately notified for instructions concerning the best method to be employed
				for the removal of the contamination. Vehicles or other equipment which have
				been contaminated shall not be returned to service until the contamination has
				been removed.
(3) Pesticide
				containers shall be secured during transit by use of side or end racks,
				bracing, chocks, tiedowns, or other means to prevent their sliding, falling,
				tipping, rolling, or falling off the vehicle with normal vehicle acceleration,
				deceleration, or change in direction.
(4) Valves shall be tightly closed and
				manhole covers shall be secured on cargo, portable and permanent tanks used for
				transporting, storage and application of pesticides, whether tanks are full or
				empty.
(5) Portable tanks shall be
				secured to prevent their sliding, falling, tipping, or rolling with normal
				vehicle acceleration, deceleration, or change in direction. Ends, sidewalls, or
				doors of van bodies shall not be relied upon for securement.
(6) Pesticides shall not be delivered to a
				pesticide consignee unless the consignee or authorized agent is present to
				accept delivery of the pesticides and signs a delivery slip or the pesticides
				are secured in a proper storage. Signed delivery slips shall be maintained as
				required by WAC
				16-228-1300 for records.
(7) Pesticides shall not be stored and/or
				displayed over or adjacent to meat or vegetable cases, other human foods,
				animal feeds, 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 an enclosed area of a building or fence and
				shall not be displayed on sidewalks.
(8) Pesticide dealers shall not sell, offer
				for sale, or hold for sale highly toxic pesticides in the same department where
				food for human consumption is displayed or sold. The same "checkstand" or food
				packaging area may not be used for the distribution of highly toxic pesticides
				and food for human consumption.
(9)
				All pesticide incidents involving undesirable impacts on human health shall be
				reported to the Washington state department of health by the
				department.
(10) Pesticides in
				leaking, broken, corroded, or otherwise damaged containers shall not be
				displayed, offered for sale, or transported and shall be handled or disposed of
				in a manner that would not contaminate the environment or cause injury to
				humans and/or animals. Pesticides with obscured, illegible or damaged labels
				shall not be displayed or offered for sale.
(11) No person shall distribute or sell any
				pesticide unless it is in the registrant's or the manufacturer's unbroken,
				immediate container and the registered pesticide label is affixed to the
				container.
(12) A user of a
				pesticide may distribute a properly labelled pesticide to another user who is
				legally entitled to use that pesticide without obtaining a pesticide dealer's
				license if the exclusive purpose of distributing the pesticide is keeping it
				from becoming a hazardous waste as defined in
				chapter
				70.105 RCW.
(13) The distribution and use of DDT and DDD
				shall be prohibited in this state except for uses allowed by the Environmental
				Protection Agency or the Center for Disease Control of the United States
				Department of Health and Human Services.
Statutory Authority: Chapters 17.21, 15.58, and
					 34.05 RCW. 07-11-041A, §
					 16-228-1200, filed 5/9/07, effective 6/9/07; 03-22-029, § 16-228-1200,
					 filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21
					 RCW. 00-22-073, § 16-228-1200, filed 10/30/00, effective 11/30/00.
					 Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1200, filed 10/20/99, effective
					 11/20/99.