Subject 40-21-9 APPLICATION POSTING

Rule 40-21-9-.01 Definitions

(1)	Commercial Application - Means application of a pesticide by a Pesticide Contractor or his employee.

(2)

Landscape - Means any maintained areas of turf, trees, shrubs or other ornamental plants, indoors or outdoors. This term does not include:

(a)	rights-of-way, either public or private or;

(b)	land areas used for agricultural production or research.

(3)

Public Non-Residential Properties - Means any public or privately owned property operated for public benefit and to which members of the public normally have access, including, but not limited to, parks, golf courses, cemeteries, sports fields, landscapes associated with public buildings, and interiorscapes.

(4)	Non Commercial Application - Means application of a pesticide by anyone other than a Pesticide Contractor or his employee.

Rule 40-21-9-.02 Posting and Information

All applications of pesticides to landscapes, whether commercial or noncommercial, and whether to residential or nonresidential properties, with the exception of applications made by the homeowner to the landscape at his own single-family residence, shall be subject to the following requirements:

(a)	At the time of application, the Pesticide Contractor or other person responsible for the pesticide application shall post a sign, not to be removed until the day after the application, at the primary point(s) of entry to the treated area.

(b)

Sign specifications for all sites except golf courses shall include but need not be limited to the following requirements:

1.	The sign must be at least 4" × 5" in size and made of sturdy, weather resistant material.

2.	The printing shall be in contrasting colors to the background of the sign.

3.	The bottom edge of the sign shall be eight (8) to twelve (12) inches above the ground.

4.	The wording and format must include but need not be limited to the following:

(c)

In lieu of the requirements for posting as specified in (a) and (b), golf courses treated with pesticides shall be posted as follows:

1.	The sign must be at least 8" × 10" in size.

2.	The printing shall be in contrasting colors to the background.

3.	The sign must be posted at a conspicuous place in the golf shop, in the clubhouse, or at the first tee.

4.	The wording and format must include but not be limited to the following: PESTICIDE APPLICATION NOTICE PESTICIDES ARE PERIODICALLY APPLIED TO THIS GOLF COURSE FOR ADDITIONAL INFORMATION, CONTACT (name and telephone number)

(d)

Upon completion of each application of pesticides, the Pesticide Contractor or other person responsible for the application shall leave a statement containing the following information at the residence, or in the case of a multi-unit residence with the property manager, or in the case of a public non-residential property with the owner, manager or custodian:

1.	Address and specific area(s) treated.

2.	Name and telephone number of company.

3.	Name of person making the application.

4.	Complete brand name of pesticide as it appears on the label.

5.	Application date.

Rule 40-21-9-.03 Exemptions

(1)	No provision of this rule shall apply to applications involving injections of pesticides directly into plants, nor to applications made by the homeowner to the landscape at his single-family residence.

(2)	No posting shall be required of any plants in interior landscapes which are treated with pesticides two (2) hours or more before the public has normal access to the area in which the plants are treated.

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