Technical Guidance Display and Storage of Class 5, 6 or 7 Pesticide Products at Licensed Vendor Outlets March 2012 Purpose This technical guidance provides information on display and storage of Class 5, 6 or 7 pesticide products for licensed vendors. Update In accordance with section 103(a), Class 7 pesticide products must be placed in store displays such that the public does not have ready access to them. The licensed vendor must ensure, by whatever method is most suitable, that the public cannot access the product until it is provided by a store employee. However, empty containers, that have never held pesticides, can be displayed so that the consumer can access them for product information. Classification of pesticides In Ontario, a pesticide product must be registered by under the federal Pest Control Products Act (PCPA) by Health Canada’s Pest Management Regulatory Agency and classified under the provincial Pesticides Act and Regulation 63/09 by the Ministry of the Environment (MOE) prior to being sold in Ontario. It is also a requirement that products be sold in their original containers. Ontario has established a pesticide classification system consisting of eleven classes as set out below.  Class 1 is products intended for manufacturing purposes  Class 2, 3 and 4 are restricted or commercial products  Class 5 and 6 are domestic products intended for household use  Class 7 is controlled sales products (domestic or restricted)  Class 8 is domestic products that are banned for sale and use  Class 9 pesticides are ingredients in products for use only under exceptions to the ban  Class 10 pesticides are ingredients in products for the poisonous plant exception  Class 11 pesticides are ingredients in products for cosmetic uses under the ban 1 Display A licensed vendor must ensure that pesticide products are displayed in accordance with Section 103 of Ontario Regulation 63/09 under the Pesticides Act.  As a best practice, always check pesticide product containers as you unpack and shelve them to ensure the integrity of the container. Food, Feed, Drink or Other Commodities In accordance with section 103(c), licensed vendors must display pesticide products on a shelf or in a display case that is not adjacent to or above a shelf or display case containing food, feed or drink intended for human or animal consumption or any other commodity (e.g. toiletries, sunscreen, clothing, toys, kitty litter, etc.) which, if contaminated by the pesticide, could cause injury or damage to property or to plant or animal life or to any person. Illustrations of Display Requirements 2  As a best practice to prevent contamination of food, feed, drink or personal/animal use items, never place these items on shelving or in a display case adjacent to or below pesticide products. Separate shelving is suggested for adjacent displays. Only display commodities such as paints and other chemical products packaged in rigid/hard plastic or metal containers, gardening tools or equipment that can be easily decontaminated in the event of a spill adjacent to or below pesticide products.  These best practices apply to: o continuous shelving that has a solid, non-porous barrier (e.g. plastic, Plexiglas, metal) separating the shelf; o wire shelving; and, o peg boards or clip strips. 3 Display of Class 5 Products In accordance with section 103(b), licensed vendors must display Class 5 products in a manner that presents a minimal hazard to children. Consider the following best practices when displaying Class 5 products:  Products without child-resistant packaging* and which are less than 5 litres (L) or 5 kilograms (kg), should be displayed at least one metre from the floor to prevent child access.  Products in larger containers (i.e. 5 litres (L) or 5 kilograms (kg) or greater) may be appropriately stacked on pallets or directly on the floor. However, larger containers that do not have child resistant packaging should be protected to avoid potential damage caused by carts or other objects. Illustration of Class 5 Display Requirements * Child-resistant packaging refers to pesticide product containers that cannot be easily opened by a child, spilled if the container is dropped or aerosol cans which have lock out tabs. Refer to the Reference Manual for Consumer Chemicals and Containers Regulation, 2001 of the Hazardous Products Act on Health Canada’s website for more information. 4 Storage A licensed vendor is responsible for ensuring that pesticide products are stored in accordance with sections 107, 109 and 111 of Ontario Regulation 63/09 under the Pesticides Act. Vendors must store a pesticide product:  in such a manner that the pesticide is not likely to come into contact with food, feed or drink intended for human or animal consumption, or impair the health or safety of any person.  in an area that is maintained in good repair and kept in a clean and orderly condition with sufficient precautions taken to prevent the pesticide from contaminating the natural environment or any other pesticide product stored in the same area.  in an area where a Pesticide or Chemical Storage sign (i.e., Sign G) is prominently displayed near the storage area and at all entrances to the pesticide storage area. o Storage sign illustrations (i.e. sign G) are posted on the MOE’s website. o These signs can be obtained from the Workplace Safety and Prevention Services (Farm Safety Association) (1-800-361-8855) link to Products.  in an area where emergency telephone numbers (fire, hospital, poison control centre) are prominently displayed nearby. In some retail stores, stocks of pesticide product stored on upper shelving units in the display area are only accessible to store employees using ladders or motorized lifts. These areas are considered storage areas and must meet the storage requirements as outlined above (e.g., pesticide or chemical signage and emergency telephone number display requirements). 5 For more information Visit the MOE website (www.ontario.ca/pesticideban) for additional information on topics such as: - Pesticides signage - Important Information for Licensed Vendors Selling Pesticides - Technical Guidance - The Pesticides Act and Ontario Regulation 63/09 Licensed General Vendors - Technical Guidance - The Pesticides Act and Ontario Regulation 63/09 Licensed Limited Vendors Questions about Ontario’s cosmetic pesticides ban can be directed to the MOE’s Public Information Centre at 1-800-565-4923 or 416-325-4000 (press 0 to talk to an information officer). This technical guidance is for informational purposes only and should not be construed as legal advice. Interested parties are advised to refer to the Pesticides Act and Ontario Regulation 63/09 (www.e-laws.gov.on.ca) to address specific circumstances. PIBS 7679e01 6