S.C. Code Regs. 27-1083 - Pesticide Application Assurance, Vehicle Identification, Applicator Records Maintenance, and Direct Supervision
A. At each customer's request, all licensed
commercial and non-commercial pesticide applicators are hereby required to
provide the following information:
(1)
Structural and general household pest control operations:
(a) Provide all customers at their request
with a completed, fully legible, statement with respect to any application of
pesticides on property under their ownership or control.
(b) The statement must contain at a minimum
the following information:
(1) The name of
the company or firm and their address.
(2) The pest or pests to be
controlled.
(3) The common chemical
name of the active ingredient(s) (not the brand name) of the pesticide
applied.
(4) The name of
responsible licensed applicator.
(c) If pest-control services are being
provided under a continuing contract (i.e. monthly, quarterly, or otherwise
other than a one-time treatment) for general household insect control other
than wood-destroying insects or rats and mice, then more general terms may be
used relative to the name of the pest and several alternate chemicals may be
listed. In this event all of the above requirements for record maintenance and
disclosure must also be complied with.
(2) Aerial applicators.
(a) Provide all customers at their request
with a completed fully legible statement with respect to any application of
pesticides.
(b) The statement must
contain the following information, as a minimum:
(1) Company or firm name and
address.
(2) The pest or pests to
be controlled, or purpose of the pesticide application.
(3) The chemical or common name of the active
ingredient(s) (not the brand name) of the pesticide applied.
(4) Name of responsible licensed applicator.
(3) Custom
ground applicators. (This group includes commercial agricultural applicators,
lawn, golf course, ornamental plant and tree pesticide applicators, mosquito
control pesticide applicators, wood preservative applicators, and all other
types of commercial and non-commercial pesticide applicators.)
(a) Provide all customers at their request
with a completed, fully legible, statement with respect to any application of
pesticides.
(b) The statement must
contain the following information, as a minimum:
(1) Company or firm name and
address.
(2) The pest or pests to
be controlled, or purpose of the pesticide application.
(3) The chemical or common name of the active
ingredient(s) (not the brand name) of the pesticide applied.
(4) Name of responsible licensed applicator.
(4) For
non-commercial applicators only, or for commercial applicators making
applicators for and under the direct supervision of a governmental entity, the
disclosure requirements of the above Sections may be met by announcement or
publication of the nature and timing of pesticide applications in the
appropriate mass media outlets not less than 24 hours prior to the
application.
B. All
vehicles used by licensed commercial and non-commercial pesticide applicators
to transport pesticides to and from the application site, or used in the actual
application of pesticides, must bear an identification symbol, furnished by the
Department , on both the right and left sides of the vehicle. All boats used in
commercial and non-commercial pesticide applications must bear the same symbol
on both the right and the left side of the vessel. Aircraft are identified by
their registration number and thus will not be required to bear the State
identification symbol.
(1) The symbol must be
maintained clean and recognizable from a minimum distance of one-hundred (100)
feet.
(2) State identification
symbols are not required on every piece of small equipment used by a licensed
applicator, nor on every automobile or truck owned by a company, firm, or
applicator. Symbols are required only on the actual transport, service and
application vehicles.
C.
Applicator records maintenance.
(1) Records
must be maintained by each company or firm employing licensed commercial or
noncommercial pesticide applicators, each licensed commercial applicator if
self-employed, and by the employer of each licensed noncommercial applicator,
of all pesticides used.
(2) The
record must include the quantity of each pesticide used, received, or
purchased, the common chemical name of the active ingredient(s) (not the
product name), the pest or purpose for which the pesticide was applied, and the
date and place of application. It is not necessary to list the pests involved
for general household insect control or for general insect control measures in
commercial and industrial establishments. In these cases the record may
indicate merely "household pests" or "general insect control."
(3) Records of pesticide applications must be
maintained by the company, firm, or licensed commercial or noncommercial
applicator as detailed below:
(a) For
pre-construction termite-control treatments ("pretreats"), including the
installation of bait systems and baits containing active ingredients, records
of termiticide application must be maintained for a period of five (5) years or
as long as a continuing warranty or contract exists, whichever is longer, and
must be made available to the Director or his designee for review and
duplication upon request at the expense of the Department.
(b) For post-construction termite-control
treatments, including the installation of bait systems and baits containing
active ingredients, records of termiticide application must be maintained for a
period of two (2) years from the date of application or as long as a continuing
warranty or contract exists, whichever is longer, and must be made available to
the Director or his designee for review and duplication upon request at the
expense of the Department.
(c)
Records of pesticide applications other than termiticides must be maintained
for a period of two (2) years from the date of the application.
(4) The Director may request
records of all pesticides used by any applicator. This includes application
records as well as any records of or related to pesticides purchased or
otherwise received by the applicator. The expense of copying or duplicating
those records shall be paid by the Department.
D. Direct Supervision: The level of direct
supervision required for certain pest control activities will vary according to
the nature of the application.
(1) Unless the
label of the product being applied requires a licensed applicator on site,
Licensed Commercial and non-commercial applicators whose business location is
not within the boundaries of the State of South Carolina must have a licensed
applicator within 30 (thirty) minutes of the application site by ordinary
ground transportation and immediately available by telephone or
radio.
(2) For Licensed Commercial
and non-commercial applicators whose business location is within the boundaries
of the State of South Carolina:
(a) The use of
all fumigants will require an applicator holding a valid Commercial Applicators
License in Category 7B, Category 1C, or other appropriate category as
determined by the Department , to be physically present on site and supervising
the application at all times when pesticide is being applied.
(b) The use of any pesticide classified as
restricted use by the EPA or the Department , regardless of the signal word,
will require the supervising licensed applicator (licensed in the proper
category), to be within 30 (thirty) miles by ordinary ground transportation of
the application site and immediately accessible by telephone or
radio.
(c) For categories of use in
which licensing is mandatory, the use of any pesticide which has the signal
word "Danger" or "Warning" will require the licensee supervising the
application to be within 60 (sixty) miles by ordinary ground transportation of
the application site and immediately accessible by telephone or
radio.
(d) For categories of use in
which licensing is mandatory, the use of any pesticide which has the signal
word "Caution" will require the licensee supervising the application to be
within 100 (one-hundred) miles by ordinary ground transportation of the
application site and immediately available by telephone or radio.
Notes
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