§ 230.30. Warning flags required for pesticide application.

(a) All persons who apply pesticides outdoors are required to post or affix warning flags on the street frontage of the property so treated. Persons who apply pesticides in parks, golf courses, playgrounds, athletic fields or other similar property must, in addition, post or affix warning flags at or near the entrances to such property.

(b)

Warning flags must project a minimum of eighteen (18) inches above the top of the grass line. The warning flags must be of a material rain-resistant for at least a forty-eight-hour period and must remain in place forty-eight (48) hours from the time of initial application.

(c)

The following information must be printed on the flag in contrasting colors in capitalized letters measuring at least one-half (½) inch, or in such other format as may be approved by the commissioner of health. The flag shall provide the following information:

(1)

The name of the company applying the pesticide; if not applied by a company, the name of the person, firm, corporation, business, governmental unit or agency thereof, or educational institution.

(2)

The date of application.

(3)

The following language: "This lawn chemically treated. Keep children and pets off for forty-eight (48) hours," or a universally accepted symbol approved by the commissioner of health which is recognized as having the same meaning or intent. In addition, the flag may include the name of the pesticide used.

(d)

The flag shall be posted on the lawn or yard no closer than two (2) feet from the sidewalk or right-of-way and no further than five (5) feet from the sidewalk or right-of-way. In the case of parks, golf courses, playgrounds, athletic fields or other similar property, such warning flags shall also be posted immediately adjacent to areas within such property where pesticides have been applied. (87-Or-078, § 1, 5-8-87)