Pennsylvania Pesticide Use, Notification and Records
About 5 of every 50 questions on a Pennsylvania Core practice exam come from this topic.
Sources checked
What to know
Pennsylvania law bars use inconsistent with labeling or with PDA rules that further restrict it, and PDA treats a label's environmental hazard advisory as a further restriction. No application may be made when weather can be expected to move the pesticide off site, and a business needs the permission of the owner or the occupant in control before treating property. Service containers must show the name and percentage of active ingredients and travel with a label copy, and containers must be triple or pressure rinsed, empty and punctured before disposal. A business records each application, including the EPA registration number, within 24 hours; continuous uses such as pools show start and finish dates, total used and each addition. A copy of a restricted use record for an agricultural commodity goes to the customer within 30 days, and private applicators keep restricted use records at least 3 years. Hypersensitivity registry listing needs a physician's written verification and is renewed by notifying PDA each October. A commercial or public business must notify listed persons whose residence property line is within 500 feet of the site 12 to 72 hours ahead by telephone, personal contact or certified mail, may post the notice on the front door after two failed calls, and gives a start-to-finish range of no more than 24 hours; disinfectants and sanitizers are excepted. A neighbor whose property shares a border within 100 feet of a lawn, turf or ornamental site may ask in writing for notice, which lapses December 31; tree injection is excepted. Placards used for restricted use agricultural applications stay up until the label's restricted reentry time ends. Constructive notification means notifying an adult in the same dwelling unit. Ground line treatments of utility poles need no right-of-way notice. In schools, no pesticide goes into a common access area when students are expected there within 7 hours. Significant incidents, such as one needing medical treatment, are reported to PDA immediately. Restricted use pesticides within 100 feet of protected designated areas need a waiver requested at least 90 days ahead. Vehicles carry the PDA license number in 3-inch figures on both sides, no one may let another use a certification, and in an emergency the business immediately gives medical personnel the brand name, EPA registration number and active ingredients.
Where it comes from
- 3 P.S. § 111.28
- 7 Pa. Code § 128.2
- 7 Pa. Code § 128.31
- 7 Pa. Code § 128.35
- 7 Pa. Code § 128.65
- 7 Pa. Code § 128.81
- 7 Pa. Code § 128.83a
- 7 Pa. Code § 128.85a
- 7 Pa. Code § 128.89
- 7 Pa. Code § 128.101
- 7 Pa. Code § 128.102
- 7 Pa. Code § 128.103
- 7 Pa. Code § 128.106
- 7 Pa. Code § 128.107
- 7 Pa. Code § 128.111
- 7 Pa. Code § 128.112
Try a practice question
Under 3 P.S. § 111.28(e), a person may not use a pesticide inconsistent with its labeling. What else does that paragraph forbid?
- AUse at rates below the label's maximum rate
- BUse contrary to PDA rules that further restrict the labeling
- CUse of any product bought in another state
- DUse of any product not bought from a licensed Pennsylvania dealer
Show the answer
Use contrary to PDA rules that further restrict the labeling. Paragraph (e) bars use inconsistent with the labeling or with the secretary's regulations where those differ from or further restrict the labeling.
3 P.S. § 111.28(e)