§81.23 Integrated pest management.

1. Establishments to be pest free. Food service and non-retail food processing establishments

shall be kept free of rodents, insects and other pests, as defined in Article 151 of this Code, and of

conditions conducive to pests, as defined in Article 151 of this Code, which shall include but not

be limited to the following:

(1) Accumulated refuse and other material on or in which pests may shelter, hide or nest;

(2) Presence of cracks, gaps or holes in establishments’ exteriors or interiors that permit free

movement of pests;

(3) Presence of food or water refuse and wastes accessible to and capable of sustaining or

attracting a pest population including, but not limited to, standing water or other liquid wastes,

grease and food residue and improperly closed food containers.

1. Prevention. Premises, equipment and fixtures shall be of a construction, design and material

so as to prevent and control entry and harborage of pests.

(1) Daily inspections. Permittees shall inspect the premises and incoming food and supplies

daily to determine presence of pests and to prevent entry of and infestation by pests.

(2) Exterminator required. Permittees shall contract with a pest management professional

licensed by New York State Department of Environmental Conservation to provide preventive

measures and extermination services necessary to maintain their establishments free of pests.

Records showing the name, address, Department of Environmental Conservation license number

of the exterminator, the services provided, and the effective dates of such contracts shall be kept

on the premises of the establishment. At the request of the Department, the permittee shall make

available a fully executed copy of a contract with a pest management professional to provide at

least monthly preventive inspections and services, and where pests are observed, to provide

services for their elimination.

(3) Doors. All doors opening into the establishment from the outside shall be equipped with

barriers such as anti-pest tension brushes or a space no larger than one-eighth of an inch (3.1750

millimeters) to prevent entry of rodents.

(4) Pest monitors. As part of an integrated pest management program, an establishment may use

sticky monitoring traps or stations that are examined to determine if the establishment has a

roach, other insect or rodent infestation. Such monitoring traps or stations shall be marked with

the date the station was placed, and a date, no later than one month thereafter, or an earlier date,

to be established by the pest management professional, when the traps or stations shall be

removed and discarded. Such traps and stations shall be removed as soon as they contain one or

more roaches, other insects or rodents.

1. Pest infestations. Permittees shall take all preventive, control, and extermination measures

necessary to maintain the establishment free of pests. When the Department determines that an

establishment has a persistent pest infestation and conditions conducive to pests, the Department

may order the permittee to institute and maintain a pest management plan in accordance with

§151.02 (c) of this Code.

2. Pesticide applications. Pesticides shall be properly labeled, authorized for use, and used only

by licensed pest professionals in accordance with the New York State Environmental

Conservation Law and Title 6 of the New York Codes, Rules and Regulations (N.Y.C.R.R.) Part

325, or any successor regulation, and applied so that:

(1) There is no hazard to employees or other persons.

(2) There is no pesticide spraying in food preparation and service areas while food is being

processed, prepared or served, or where unprotected food, clean utensils or containers are

displayed or stored.

(3) Food, equipment, utensils, linens, and single-service or single use articles are protected from

contamination and toxic residues that result from pesticide application. Such items are to be

protected by impermeable coverings or other measures during pesticide application and must be

cleaned and sanitized after pesticide application.

(4) The use of unprotected or unlocked bait stations is prohibited in food service establishments.

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1. Toxic materials. Where labels permit, poisonous and toxic materials shall be stored in areas

designated solely for such purpose, or in a storage area outside the food, equipment and utensil

storage area. Bactericides and cleaning compounds shall not be stored with insecticides,

rodenticides or other poisonous materials. Insecticides and rodenticides shall be kept in their

original containers.