Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 1.
GENERAL PROCEDURES
Subchapter D. MISCELLANEOUS PROVISIONS
4 TAC §1.91
The Texas Department of Agriculture (the department) proposes
new §§1.91, concerning the department's fleet management plan and
the assignment and use of the agency's vehicles. The new section is proposed
to meet the requirements of the Texas Government Code, §2171.1045. The
new section provides for assignment of certain agency vehicles to the agency
motor pool and provides for assignment of vehicles to certain individual employees.
Raette Hearne, assistant commissioner for administration, has determined
that for the first five-year period the new section is in effect, there will
be no fiscal implications for state government as a result of enforcing or
administering the section, as proposed. There will be no fiscal implication
for local government as a result of enforcing or administering the section,
as proposed.
Ms. Hearne also has determined that for each of the first five years the
section, as amended, is in effect the public benefit anticipated as a result
of enforcing the section will be a more efficient use of departmental fleet
resources. There will be no anticipated costs to small or large businesses
or to persons required to comply with the new section.
Comments on the proposal may be submitted to Raette Hearne, Assistant Commissioner
for Administration, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78711. Comments must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
New §1.91 is proposed under the Texas Government Code §2171.1045
which requires that a state agency adopt rules consistent with the fleet management
plan developed by the Office of Fleet Management of the General Services,
relating to the assignment and use of agency vehicles.
The code affected by this proposal is the Texas Government Code, Chapter
2171.
§1.91.Vehicle Fleet Management.
(a)
Except as provided by subsection (b) of this section, state-owned
vehicles under the department's control shall be assigned to the department's
motor vehicle pool and made available for use as needed.
(b)
If a state-owned vehicle under the department's control
is assigned to an individual employee on a regular basis, then the head of
the department's Support Services Department, or his or her designee, must
document in writing that the assignment and use of the vehicle is critical
to the department's needs and mission. The written documentation must be maintained
by the Support Services Department.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 16, 2001.
TRD-200102146
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes amendments
to §§7.1, 7.21, 7.22, 7.24, 7.30-7.32, 7.39, 7.40, 7.52 and 7.53,
and the repeal of §7.3, concerning pesticide regulations. The amendments
are proposed to update citations, terminology and clarify the department's
existing pesticide regulations. The repeal of §7.3 is proposed because
the establishment of an expiration date for Chapter 7 is no longer necessary
due to the enactment of legislation establishing a timeframe for review of
agency rules.
The proposed amendment to §7.1 adds the definition of "purchase" for
clarification. For purposes of these regulations, the term purchase is defined
to not prohibit a transaction in which the unlicensed person merely provides
payment for the pesticide, but actual delivery or physical possession of the
pesticide is made to and remains with a properly licensed person or a person
operating under the direct supervision of a properly licensed applicator.
The proposed repeal of §7.3 eliminates the expiration date for Chapter
7. The proposed amendment to §7.21(a) adds a license use category for
chlorine gas and a subcategory for M-44 (sodium cyanide). Proposed amendment
to §7.21(c) deletes paragraph (2), as it no longer applies. The proposed
amendment to §7.22(e) adds language prohibiting employees of state agencies
and state universities who obtained their pesticide applicator's license through
specialized training and a Memorandum of Agreement with the department from
converting a license. New language is proposed in §7.24(f) providing
that the department may consider for approval correspondence activities, such
as videos, interactive Internet and/or other activities approved by the department,
to satisfy recertification requirements. However, new language under §7.24(t)
will prohibit commercial and noncommercial applicators from recertifying through
correspondence activities for two consecutive years, while new §7.24(v)(5)
will allow private applicators to obtain a maximum of 10 CEUs through correspondence
in a five-year period. New language is also proposed as new subsection (g)
to allow, commercial and noncommercial applicators only, an intensive specialized
training equivalent to a maximum for a three year recertification credit and
specify what the sponsor must do to have a three year applicator recertification
activity approved. The existing §7.24(f) is renumbered as §7.24(h)
and is amended to include proposed language to exclude correspondence activities
from this provision. The existing §7.24(g), (h), (i), (j), (k) and (l)
are renumbered as §7.24(i), (j), (k), (l), (m) and (n), respectively.
The existing §7.24(m) is renumbered as §7.24(o) and is amended to
include proposed language to require the date, course number and location
of the training. New subsection (p) is added to clarify the requirements of
sponsors of approved correspondence activities. The existing §7.24(n)
and §7.24(o) are renumbered as §7.24(q) to §7.24(r), respectively.
The existing §7.24(p) is renumbered as §7.24(s) and is amended to
prohibit hours obtained at a single course from being split or divided between
two licensing cycles. The amendment also includes language allowing applicators
that have met their CEU requirements prior to December 31 to carry over CEUs
obtained in January and/or February of their recertification year to the next
recertification cycle. Existing §7.24(q ) is renumbered as §7.24(t)
and is amended to explain how commercial and noncommercial applicators may
fulfill recertification requirements. Additionally, a portion of this section
is separated out and renumbered as §7.24 (u). Existing §7.24(r)
is renumbered as §7.24(v) and amended for clarification purposes and
to prohibit a private applicator from obtaining more than 10 CEUs through
correspondence in any five-year recertification cycle. Existing §7.24(s),
(t) and (u) are renumbered as §7.24(w), (x) and (y), respectively. Existing
language in §7.24(v) is deleted. Existing §7.24(w) is renumbered
as §7.24(z).
Proposed new language under §7.30 (a)(1)(A) and (2)(D) adds 3,7-Dichloro-8-quinolinecarboxlic
acid (quinclorac) to the state- limited-use pesticide list and to the regulated
herbicide list. This herbicide warrants listing because of its potential to
cause adverse effects to nontarget vegetation. §7.30(b)(1) is amended
to clarify the criteria that exempt formulations from being classified as
state-limited-use or regulated herbicides. New subsection (c) is added to
provide restrictions on the use and possession of chlordane or products containing
chlordane and direct their disposal consistent with state and federal law.
This new subsection is needed because although chlordane has been banned for
use in the United States since 1988, the department believes that there are
still unused supplies of this hazardous product in existence which require
that some restrictions be in place in order to protect the public health and
environment. A similar provision was adopted by the Agricultural Resource
Protection Authority(ARPA), but is no longer effective because ARPA no longer
has the statutory authority to adopt substantive rules regarding pesticide
regulation.
The proposed amendments to §7.31(d) clarify existing language. New
language is added under §7.31(g) requiring both the supervising licensed
commercial or noncommercial applicator and the person under the direct supervision
of the licensed commercial or noncommercial applicator to perform applications
from the same local office unless the supervising licensed commercial or noncommercial
applicator is physically present during the application. New language is proposed
as §7.31(h) to allow private applicators to supervise the use of restricted-
use or state-limited-use pesticides or a regulated herbicide by a nonlicensed
person on the property of the nonlicensed person. New language is proposed
under §7.31(i) to allow veterinarians licensed by the State Board of
Veterinary Medical Examiners to supervise a nonlicensed person's use of a
restricted use or state- limited-use pesticide or regulated herbicide in the
course of the veterinarian's normal practice, provided the veterinarian affords
the nonlicensed person training in accordance with subsection (e) of this
section. The intent of the new language is to allow a veterinarian to supervise
veterinary staff applying restricted- use pesticides in the course of the
veterinarian's normal practice. The proposed amendment to §7.32(b) adds
new language as paragraph (6) to clarify recordkeeping requirements for dealers
selling state-limited-use pesticides and regulated herbicides to persons residing
out of state. If the person is not licensed and does not intend to use the
pesticide in the state, then the dealer must record the person's name and
out of state address. If the person is licensed by another state or federal
agency the dealer must also record that license number and the state or federal
agency that issued the license.
Proposed amendments to §7.39 clarify the criteria that must be met
in order to be certified as a Sodium Fluoroacetate (Compound 1080) Livestock
Protection Collar (LPC) applicator. To become licensed as a Sodium Fluoroacetate
(Compound 1080) Livestock Protection Collar (LPC) applicator a person must
complete the Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar
(LPC) training, pass a test prescribed by the department and fulfill the licensing
requirements of the desired license type.
Proposed amendments to §7.40 clarify the criteria that must be met
in order to be certified as an M-44 sodium cyanide applicator. To become licensed
as an M-44 sodium cyanide applicator a person must complete the M-44 sodium
cyanide training, pass a test prescribed by the department and fulfill the
licensing requirements of the desired license type. The proposed amendment
requires the applicator to demonstrate competency by attending the training
program and passing a closed book examination. It also provides instructions
to noncertified applicators working under the direct supervision of licensed
M-44 sodium cyanide applicators and prohibit certified private applicators
from supervising any M-44 application.
Sections 7.52 and 7.53 regarding counties regulated and county special
provisions, respectively, are updated as necessary to reflect the current
status of counties whose regulated status or special provisions have been
changed due to action by county commissioners courts.
Donnie Dippel, assistant commissioner for pesticide programs, has determined
that for each year of the first five years the sections are in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the sections.
Donnie Dippel, assistant commissioner for pesticide programs, has determined
that for each year of the first five years the sections are in effect the
public benefit anticipated as a result of enforcing the sections will be pesticide
regulations that are more understandable and consistent with state and federal
law, and that provide more protection to the public, those working in or otherwise
affected by the regulated industry, and to the environment. There will not
be an effect on micro-businesses or small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Donnie Dippel, Assistant Commissioner
for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78711. Comments must be received no later than 30 days from the date
of the publication of the proposal in the
Texas Register
. The department will hold public hearings to receive public comment
on the proposal. Notice of these hearings will be published in the
Texas Register
.
Subchapter A. GENERAL
4 TAC §7.1
The amendment to §7.1 is proposed under the Texas Agriculture
Code, §76.004, which provides the Texas Department of Agriculture with
authority to regulate the use of pesticides and provides the department with
the authority to adopt rules for carrying out the provisions of Chapter 76.
The code affected by this proposal is the Texas Agriculture Code, Chapter
76.
§7.1.Definitions.
In addition to the definitions set out in the Code, §76.001, the
following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (16)
(No change.)
(17)
Purchase--For purposes of
this chapter, the term purchase does not prohibit a transaction in which the
unlicensed person merely provides payment for the pesticide, but actual delivery
or physical possession of the pesticide is made to and remains with a properly
licensed person or a person under the direct supervision of a properly licensed
person.
(18)
[
(19)
[
(20)
[
(21)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 16, 2001.
TRD-200102135
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 463-4075
4 TAC §7.3
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of §7.3 is proposed under the Texas
Agriculture Code, §12.016, which provides the department with the authority
to adopt rules to administer the Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapters 12 and 76.
§7.3.Expiration Provision.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 16, 2001.
TRD-200102136
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 463-4075
4 TAC §§7.21, 7.22, 7.24
The amendments to §§7.21, 7.22, and 7.24 are proposed
under the Texas Agriculture Code (the Code) , §76.004, which provides
the department with authority to regulate the use of pesticides and provides
the department with the authority to adopt rules for carrying out the provisions
of Chapter 76.
The code affected by this proposal is the Texas Agriculture Code, Chapter
76.
§7.21.Applicator Certification.
(a)
The department may certify applicators in the following
license use categories and subcategories:
(1)
agricultural pest control:
(A) - (F)
(No change.)
(G)
citrus pest control; [
(H)
livestock protection collar application;
and
(I)
M-44 (Sodium Cyanide application
in accordance with §7.40 of this title (relating to M-44 Sodium Cyanide
- State- Limited-Use Requirements)).
(2) - (10)
(No change.)
(11)
chlorine gas
[
(b)
(No change.)
(c)
Commercial and Noncommercial Applicators.
(1)
(No change.)
[
The department will certify
a commercial applicator in the ornamental plant and turf pest control category
only if the person is also a nurseryman or if the applicator restricts application
only to ornamental and turf plants at the production site.]
(2)
[
§7.22.Licensing of Applicators.
(a)- (d)
(No change.)
(e)
Employees of state universities
or
[
(f)
(No change.)
§7.24.Applicator Recertification.
(a) - (e)
(No change.)
(f)
The department may consider
for approval "correspondence activities" such as videos, interactive internet
and/or other activities approved by the department. To be eligible for approval
the department will require:
(1)
that the course sponsor complies with the specifications
and requirements listed under §7.24 (a)-(e) of this section; and
(2)
that the activity include an open book measure
of competency approved by the department.
(g)
For commercial and noncommercial
applicators only, the department may consider for approval, an intensive specialized
training, equivalent to a maximum of a three-year recertification credit.
Correspondence activities will not be allowed for this method of acquiring
CEUs.
(h)
[
(i)
[
(j)
[
(k)
[
(1)
the standards for recertification meet or exceed the standards
for the one-year or five-year recertification periods as set out in this section;
and
(2)
the agreement reduces duplication of effort and does not
increase the recordkeeping burden of the department.
(l)
[
(m)
[
(1)
submit a completed department-prepared application form;
(2)
provide any additional material relevant to the activity
which is requested by the department; and
(3)
submit the application and information required by the
department at least 30 days in advance of the first date of the activity.
The department may waive the 30-day provision providing all other requirements
are met. The department will respond to the sponsor within ten days of receipt
of the application and approve, reject, or request additional information.
(n)
[
(o)
[
(1)
prepare a roster of applicators that attend the activity
which contains, at a minimum,
the date, course number,
the pesticide
applicator's name and current license or certificate number
and the location
of the training;
(2)
distribute a completion certificate at the time of the
activity to applicators who successfully complete an activity, which shall
indicate the name of the sponsor, the date, county and name of the activity,
the amount and type of credit earned, and the assigned course number;
(3)
send the activity rosters to the department within 14 days
after the end of an activity. The rosters must be on department forms or approved
formats; and
(4)
ensure that CEUs awarded correspond proportionately to
the net instruction time.
(p)
Sponsors of approved correspondence
activities shall:
(1)
prepare a roster of applicators who complete
the activity which contains, at a minimum, the date, course number, the pesticide
applicator's name and current license or certificate number and the location
of the training;
(2)
distribute a completion certificate in a timely
manner to applicators who successfully complete an activity, which shall indicate
the name of the sponsor, the date, county and name of the activity, the amount
and type of credit earned, and the assigned course number;
(3)
send the activity rosters to the department
within 14 days after the end of an activity. The rosters must be on department
forms or in a department approved format;
(4)
ensure that CEUs awarded correspond proportionately
to the net instruction time; and
(5)
ensure the establishment of procedures to prohibit
an individual from repeating the sponsor's course in two consecutive recertification
periods.
(q)
[
(r)
[
(s)
[
(t)
[
(u)
An applicator who becomes unlicensed
in any licensing year may not be relicensed for 12 months unless all CEUs
required for the last year of licensing are completed. Until the 12-month
period has elapsed, applicators are prohibited from retesting under §7.22
of the title (relating to Licensing of Applicators).
(v)
[
(1)
Each licensed private applicator must obtain 15 CEUs within
a five-year period including at least two credits in laws and regulations
and two credits in integrated pest management [
(2)
Each licensed private applicator must obtain 15 CEUs prior
to [
(3)
Private applicators issued a certificate prior to January
10, 1989, may fulfill their recertification requirement on a one-time only
basis by completing the Extension private applicator training program, attaining
a passing score on the private applicator test, and obtaining a private applicator
license. Certified private applicators who choose not to license but wish
to maintain certification under a certificate issued prior to January 10,
1989, will be required to recertify as specified for licensed private applicators
in this subsection.
(4)
Private applicators have the option of forgoing continuing
education requirements for a recertification period by following these procedures:
(A)
Take and pass a comprehensive examination administered
by the department which will contain questions relevant to those topics which
would be covered at various continuing education activities. A certificate
of completion worth 15 CEUs will be issued by the department upon a passing
score being attained by the applicator.
(B)
If the applicator fails the examination, subsequent attempts
will be allowed until a passing score is attained. If a passing score is not
attained, the applicator may obtain the required CEUs pursuant to this subsection.
(C)
Pay a required fee of $50 for each examination.
(5)
A private applicator may not
obtain more than 10 CEUs through correspondence activities in any five-year
recertification cycle.
(w)
[
(1)
result in nonrenewal of an applicator's license or certification
until the necessary credits for continuing education are attained;
(2)
prohibit applicators from retesting for a new license in
lieu of meeting recertification requirements until one year after the expiration
of their license;
(3)
require the applicator to take and pass comprehensive department
examinations for general knowledge and for each category in which the applicator
seeks to be licensed if the applicator does not recertify and renew in one
year following the expiration of the license;
(4)
require retraining of commercial, noncommercial and private
applicators for categories or subcategories requiring special training if
the applicator does not recertify and renew in one year following the expiration
of the license; and
(5)
subject a noncompliant applicator to administrative, civil
or criminal penalties and/or license or certificate revocation, suspension,
modification or probation for failure to comply with continuing education
requirements if the applicator operates under a license that has not been
renewed.
(x)
[
(1)
the activity must contain course content of the highest
standards;
(2)
the activity must be sponsored by an in-state or out-of-state
institution of higher education, or an out-of-state regional or national association,
or the state or federal government;
(3)
the activity must be in an area directly related to the
activities of a commercial, noncommercial or private applicator;
(4)
the applicator shall provide the department with sufficient
information describing activity content including the time allotted to each
aspect of the activity, identification of sponsor, instructor's name and address,
proof of attendance, date, time, and place of the activity; and
(5)
the information for the desired credit must be submitted
within 60 days after completion of the activity.
(y)
[
[
Any person who is issued an
initial license on or after September 1 in any year and has not been licensed
at any time during the preceding nine months, shall begin annual recertification
requirements the following year and need not obtain any credits between September
1 and December 31 of that year. If credits are obtained during that period,
they may be applied to the following year's requirement.]
(z)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 16, 2001.
TRD-200102137
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 463-4075
4 TAC §§7.30 - 7.32, 7.39, 7.40
The amendments to §§7.30, 7.31, 7.32, 7.39 and 7.40
are proposed under the Texas Agriculture Code (the Code) , §76.003,
which provides the department with the authority to, after notice and hearing,
adopt lists of state-limited-use pesticides for the entire state or for a
designated area within the state; §76.004, which provide the Texas Department
of Agriculture with authority to regulate the use of pesticides and provides
the department with the authority to adopt rules for carrying out the provisions
of Chapter 76.
The code affected by this proposal is the Texas Agriculture Code, Chapter
76.
§7.30.Classification of Pesticides.
(a)
Because of their potential to cause adverse effects to
nontargeted vegetation, all pesticide products containing the active ingredients
as specified in this subsection, alone or in mixtures, shall be classified
as stated in paragraphs (1) and (2) of this subsection when distributed in
containers of a capacity larger than one quart for liquid material or two
pounds for dry or solid material. If the products are marketed using metric
measures, the classification applies to containers larger than one liter
or one kilogram, respectively:
(1)
State-Limited-Use.
(A)
2,4-Dichlorophenoxyacetic acid (2,4-D); 2,4-Dichlorophenoxy
butyric acid (2,4-DB); 2,4-Dichlorophenoxy propionic acid (2,4- DP); 2-Methyl-4-Chlorophenoxyacetic
acid (MCPA); 3,6-Dichloro-o- anisic acid (dicamba); 3,4-Dichloropropionanilide
(propanil); 5- bromo-3-sec-butyl-6-methyluracil (bromacil); [
(B)
(No change.)
(2)
Regulated Herbicides.
(A) - (B)
(No change.)
(C)
3,6-dichloro-o-anisic acid (dicamba)
; and
[
(D)
3,7-dichloro-8-quinolinecarboxylic
acid (quinclorac).
(b)
Formulations containing the active ingredients previously
listed in this section are exempt from being classified as state- limited
use pesticides or regulated herbicides it they meet one of the criteria listed
in paragraphs (1) or (2) or this subsection.
(1)
specialty fertilizer mixtures [
(2)
(No change.)
(c)
The following shall apply to
the use or possession of chlordane or products containing chlordane.
(1)
No person shall use any pesticide containing
chlordane nor shall there be any permitted use of such pesticide(s) on or
after the effective date of this subsection.
(2)
Persons in possession of chlordane or compounds
containing chlordane shall store the pesticide in a manner as to prevent
the release of such pesticide(s) into the environment until such time as
the pesticide container or compound can be disposed of in accordance with
the provisions of the Texas Solid Waste Disposal Act, Texas Health and Safety
Code, Chapter 361.
§7.31.Supervision.
(a) - (c)
(No change.)
(d)
A licensed applicator is not required to be physically
present at the time and place of [
(e) - (f)
(No change.)
(g)
Both the supervising licensed
commercial or noncommercial applicator and the person under the direct supervision
of the licensed commercial or noncommercial applicator must perform applications
from the same local office, unless the supervising licensed commercial or
noncommercial applicator is physically present during the application.
(h)
A licensed private applicator
may supervise the use of a restricted-use or state-limited-use pesticide
or a regulated herbicide by a nonlicensed person on the property owned or
controlled by the nonlicensed person, in accordance with the provisions
of the Code, §76.112(a)(2) and subsection (e) of this section, and provided
the licensed private applicator maintains a record of the application and
also provides a record of the application to the nonlicensed person.
(i)
A veterinarian licensed by
the State Board of Veterinary Medical Examiners may supervise a nonlicensed
person's use of a restricted-use or state-limited-use pesticide or regulated
herbicide in the course of the veterinarian's normal practice, provided
the veterinarian affords the nonlicensed person training in accordance with
subsection (e) of this section.
§7.32.Records of Distribution.
(a)
(No change.)
(b)
The record of each distribution required to be kept by
this section shall be kept separate from the person's other business records
and shall contain:
(1) - (3)
(No change.)
(4)
the quantity of the pesticide distributed; [
(5)
if the pesticide is made available to a nonlicensed person
acting under the authorization of the licensed or certified applicator or
licensed dealer to whom the pesticide is distributed, the name and address
of the nonlicensed person
; and
(6)
if a pesticide that has been
classified as a state- limited-use pesticide or a regulated herbicide, and
is not a restricted-use pesticide under FIFRA, is made available to a nonlicensed
person that resides out-of-state, and the person does not intend to use the
pesticide in this state, the name and out- of-state address of the person.
If the person holds a valid applicator license issued by another state or
federal agency, the dealer must record that license number and the state
or federal agency that issued the license.
(c) - (g)
(No change.)
§7.39.Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar (LPC)--State-Limited-Use Requirements.
(a) - (c)
(No change.)
(d)
In order to be certified as an LPC applicator, the following
criteria must be met.
[
A person may obtain certification
as either a private, commercial or noncommercial applicator by completing
the livestock protection collar training, passing a test prescribed by the
department and fulfilling the licensing requirements of the desired license
type.]
(1)
[
(2)
[
(3)
[
(4)
[
(5)
The licensing requirements
of §7.25 (relating to Expiration and Renewal of Licenses) apply to all
LPC applicators.
(e) - (h)
(No change.)
§7.40.M-44 Sodium Cyanide--State-Limited-Use Requirements
(a) - (c)
(No change.)
(d)
[
(1)
A person seeking certification
as a licensed commercial M-44 sodium cyanide applicator shall comply with
the licensing requirements of §7.22(d) and §7.23 of this section
(relating to Licensing of Applicators and Applicator Business Proof of Financial
Responsibility), complete M-44 sodium cyanide training and pass a test prescribed
by the department and pay the license fee prescribed by §7.20 of this
section (relating to Application).
(2)
A person seeking certification
as a licensed noncommercial M-44 sodium cyanide applicator shall comply with
the licensing requirements of §7.22(d) of this title (relating to Licensing
of Applicators), complete M-44 sodium cyanide training, pass a test prescribed
by the department and pay the license fee prescribed by §7.20 of this
title (relating to Application).
(3)
A person seeking certification
as a private M-44 sodium cyanide applicator must possess a valid private
applicator certificate or a private applicator license in accordance with
§7.22(f) of this title (relating to Licensing of Applicators), complete
M-44 sodium cyanide training and pass a test prescribed by the department.
No testing fee will be collected from private applicators.
(4)
All M-44 sodium cyanide applicators
must recertify as required by §7.24 of this title (relating to Applicator
Recertification). Each M-44 sodium cyanide applicator is responsible for
giving written notice to the department of any change of address. The department
may require retraining and retesting of any M-44 sodium cyanide applicator
who fails to comply with the use, recordkeeping or other requirements of
the department.
(5)
The licensing requirements
of §7.25 (relating to Expiration and Renewal of Licenses) apply to all
M-44 sodium cyanide applicators.
(e)
Instructions to noncertified
applicators working under the supervision of licensed M-44 sodium cyanide
applicators. The licensed M-44 sodium cyanide applicator shall give appropriate
verifiable instructions on the use of M-44 sodium cyanide to a noncertified
person as required by §7.31 of this title (relating to Supervision)
before the noncertified person may handle M-44 sodium cyanide. Licensed commercial
M-44 sodium cyanide applicators must be physically present to supervise the
use of M-44 sodium cyanide by noncertified applicators. Certified private
applicators authorized to apply M-44 sodium cyanide may not supervise any
person using M-44 sodium cyanide.
(f)
[
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(g)
[
(h)
[
(1)
the number of M-44 sodium cyanide devices in place;
(2)
the location of each M-44 sodium cyanide device;
(3)
the dates of each placement, inspection, and removal;
(4)
the number and location of M-44 sodium cyanide devices
which have been discharged and the apparent reason;
(5)
species of animals taken; and
(6)
all accidents or injuries involving humans, domestic animals,
wildlife, or bodies of water.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 16, 2001.
TRD-200102138
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 463-4075
4 TAC §7.52, §7.53
The amendments to §§7.52 and 7.53 are proposed under
the Texas Agriculture Code, §76.004, which provides the Texas Department
of Agriculture with authority to regulate the use of pesticides and provides
the department with the authority to adopt rules for carrying out the provisions
of Chapter 76.
The code affected by this proposal is the Texas Agriculture Code, Chapter
76.
§7.52.Counties Regulated.
The following counties shall be subject to the provisions of the Act,
Subchapter G, unless specifically excepted by provisions of §7.53 of
this title (relating to County Special Provisions): Aransas, Archer, Austin,
Bailey, [
§7.53.County Special Provisions.
(a) - (c)
(No change.)
(d)
Bailey.
(1) - (3)
(No change.)
(4)
Except as provided in these subsections, the aerial application
of regulated herbicides is prohibited except that the aerial application
of dicamba is allowed in the area described in this subsection during the
regulated period. [
(e) - (j)
(No change.)
(k)
Collingsworth.
(1)
The aerial application of regulated herbicides is allowed
with the requirement of a permit between the dates of November 1 of one
calendar year and April
25
[
(2) - (3)
(No Change.)
(l) - (n)
(No Change.)
(o)
Dickens.
(1)
(No Change.)
(2)
A permit for the
[
(3)
(No Change.)
(p)
(No change.)
(q)
Falls.
(1)
The use of all ester formulations of regulated
herbicides is prohibited from April 1 through August 31 of each year.
(2)
A permit is required for the application of
the other formulations of regulated herbicides from April 1 through August
31 of each year.
(3)
A permit is not required for the application
of regulated herbicides between the dates of September 1 to March 31 of
each year.
(r)
[
(s)
[
(1)
The aerial application of all formulations of 2,4-D is
prohibited between March 10 and September 15 of each year.
(2)
The application of high volatile herbicides is prohibited.
(3)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
(4)
Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton
Counties, for purposes of this subsection, are considered one unit, and
paragraph (1) of this subsection is not to be changed without a public hearing
for the unit as a whole
(t)
[
(1)
The application of all regulated herbicides is allowed
without the requirement of a permit between the dates of October 1 and March
31 of the following year.
(2)
A permit is required for the application of the regulated
herbicides between the dates of April 1 to September 30 of each year.
(u)
[
(v)
[
(1)
The use of high volatile herbicides is prohibited.
(2)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
(w)
[
(1)
No permit is required between November 1 and May 20 of
the following calendar year.
(2)
Aerial application of regulated herbicides is prohibited
between June 2 and November 1 of each year.
(x)
[
(1)
beginning at north county line and U.S. 281; thence south
to FM 495; thence west to State Highway 107 (Conway Drive); thence south
to U.S. 83 Expressway; thence west along U.S. 83 to west county line;
(2)
all other lands in Hidalgo County are exempt from the Act,
Subchapter G and regulations adopted thereunder.
[
Houston. That portion of Houston
County within the area described below is regulated by the provisions of
the Act, Subchapter G and regulations adopted thereunder:]
[
beginning at a point where
Bedias Creek enters Trinity River; thence north with meanders of the river
to the point where Highway Number 7 crosses Trinity River; thence east with
Highway Number 7 to city limits of Crockett; thence south to Farm Road Number
2110; thence to Pearson Chapel on Farm Road Number 2110; thence on Farm Road
Number 3151 south to intersection of Farm Road Number 230, thence southwest
on Farm Road Number 230 to Prison Farm entrance; thence south to Walker County
line; thence with Walker and Houston County line to Trinity River and the
place of beginning;]
[
all other lands in Houston
County are exempt from the Act, Subchapter G and regulations adopted thereunder.]
(y) - (gg)
(No change.)
(hh)
Milam.
(1)
The use of all ester formulations of regulated
herbicides will be prohibited between the dates of April 1 and August 31
of each year.
(2)
A permit will be required for the application
of the other formulations of regulated herbicides between the dates of April
1 and August 31 of each year.
(3)
A permit will not be required for the application
of the regulated herbicides between the dates of September 1 to March 31
of the following year.
(ii)
McLennan.
(1)
The use of all ester formulations of regulated
herbicides will be prohibited between the dates of April 1 and August 31
of each year.
(2)
A permit will be required for the application
of the other formulations of regulated herbicides between the dates of April
1 and August 31 of each year.
(3)
A permit will not be required for the application
of the regulated herbicides between the dates of September 1 to March 31
of the following year.
(jj)
[
(kk)
[
(ll)
[
(1)
The application of the ester formulations of 2,4-D by any
means is prohibited between the period of March 1 and September 15 of each
year. The aerial application of any formulation of 2,4- D is prohibited between
March 10 and September 15 of each year; except that if the county commissioners
court determines that no cotton is growing on that date, in said county,
permits may be issued until such time the county commissioners court determines
that cotton is growing.
(2)
No permit is required for the application of regulated
herbicides during the months of January and February of each year.
(mm)
[
(1)
Persons in that portion of Robertson County, east of State
Highway 6, are exempted from requirements of the Act, Subchapter G and regulations
adopted thereunder.
(2)
A permit is required for the application of regulated
herbicides in that portion of Robertson County, west of State Highway 6 between
the dates of April 1 and September 15 each year.
(nn)
[
(oo)
[
(1)
wind velocity of 0-5 mph downwind within 16 rows and upwind
8 rows;
(2)
wind velocity of 6-10 mph downwind 1/8 mile and upwind
8 rows.
(pp)
[
(1)
The aerial application of all formulations of 2,4-D is
prohibited in that portion of Wharton County east of the Colorado River
between March 10 and September 15 of each year.
(2)
The application of all formulations of 2,4-D by any method
is prohibited during the period beginning March 10 and ending October 1
of each year, in that portion of Wharton County lying west of the Colorado
River.
(3)
The use of high volatile herbicides is prohibited.
(4)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
(5)
Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton
Counties, for purposes of this subsection, are considered as one unit, and
paragraph (1) of this subsection is not to be changed without a public hearing
for the unit as a whole.
(qq)
[
(1)
No permit is required for the application of regulated
herbicides during the period of September 16 to May 9 of the following calendar
year.
(2)
The application of the following regulated herbicides is
prohibited during the regulated period beginning May 10 and ending September
15 of each year:
(A)
Ester formulations of 2,4-Dichlorophenoxyacetic Acid (2,4-D);
(B)
2-Methyl-4-Chlorophenoxyacetic Acid (MCPA);
(3)
The aerial application of polychlorinated benzoic acids
and 2,4-D amine is prohibited during the regulated period except during
the period of May 10 and ending May 20 of each year. Ground applications
of polychlorinated benzoic acids and 2,4-D Amine may be made during the regulated
period with the requirement of a permit.
(4)
Research conducted by the Texas A&M University System
under the auspices of brush and weed control, using all regulated herbicides,
will be allowed during the regulated period. Aerial applications must provide
a buffer zone of at least five statute miles from any susceptible crops,
and wind velocity must not exceed 10 mph during application. Research will
be allowed during the period beginning May 15 and ending September 15 of
each year. The department shall be notified before the commencement of such
research projects.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 16, 2001.
TRD-200102139
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 463-4075
Chapter 105.
CHLORDANE REGULATIONS
Chapter 7.
PESTICIDES
(17)
] Regulated herbicide--A herbicide
product containing an active ingredient classified as a regulated herbicide
by §7.30 of this title (relating to Classification of Pesticides).
(18)
] State-limited-use pesticide--Any
pesticide product containing an active ingredient classified as a state- limited-use
pesticide by §7.30 of this title (relating to Classification of Pesticides).
(19)
] Trained trainer--Anyone
who has completed an EPA-approved WPS train-the-trainer program or a WPS-trained
handler who may train workers only.
(20)
] Volatility--The tendency
of a substance to change from a liquid or solid to a gaseous state. It is
the movement of a pesticide in a gaseous state in the air from surface water,
soil, or vegetation.
Subchapter C. LICENSING
and
]
M-44 (Sodium Cyanide application
in accordance with §7.40 of this title (relating to M-44 Sodium Cyanide
- State-Limited-Use Requirements)).
]
(2)
(3)
] A person exempted from licensing
requirements pursuant to the Structural Pest Control Act (Vernon's Texas Civil
Statutes, Article 135b-6), §11(2) and (6) must be licensed with the department
regardless of the use classification of the pesticide.
and
] state agencies may convert to a commercial or noncommercial license
upon termination of employment by paying the required fee provided that all
licensing requirements have been satisfied.
Employees of state universities
or state agencies who obtained their license through specialized training,
testing and a Memorandum of Agreement with the department shall be prohibited
from converting a license.
(f)
] Prior approval shall not be
required for applicator recertification courses of up to three CEUs conducted
by Extension faculty or department personnel for any pesticide applicator,
provided that all other requirements for course content and records are met.
The department may enter into a memorandum of agreement with Extension regarding
the specific requirements for applicator recertification.
Correspondence
activities are excluded from this provision.
(g)
] Department personnel may monitor
all approved activities, and all fees charged by the sponsor shall be waived
for department personnel who monitor the recertification activity.
(h)
] The department may deny, revoke,
or refuse to renew approval for any or all courses of a sponsor if the sponsor
fails to file a timely activity report, fails to provide the quality of activity
approved by the department, or fails to comply with any other requirements
that are a basis for approval or that are a part of these rules.
(i)
] The department may enter into
a memorandum of agreement with another state or non-profit professional society
or association to recognize the state's pesticide applicator recertification
or the society's professional recertification for satisfaction of the requirements
of this section for commercial, noncommercial and private applicator recertification
only if:
(j)
] Each continuing education activity
shall be approved for one calendar year only.
(k)
] In order for a recertification
activity to be approved by the department, the sponsor must:
(l)
] Sponsors who wish to continue
approval must file for renewal annually on a form prepared by the department.
(m)
] Sponsors of approved activities
shall:
(n)
] Governmental agencies may enter
into an agreement with the department for annual submission of recertification
records of agency employees attending a recertification program approved for
the agency by the department.
(o)
] No credit will be given for
time used to promote the sponsor or other activities of the sponsor or for
time used for organizational, political, procedural, or other nonrelevant
activities.
(p)
] Applicators will recertify
through a self- certification program. Each applicator will be required to
maintain proof of the number of CEUs necessary to renew a license or certificate.
Certificates of completion verifying attendance at approved activities during
the previous licensing period must be maintained
by the applicator
for a period of 12 months after the most recent renewal of their license or
certificate.
Credits obtained at a single course cannot be split or divided
between licensing periods. Applicators who have met their CEU requirements
prior to December 31 may apply CEUs obtained the following January and/or
February of their recertification year to the next recertification cycle.
(q)
] Each commercial or noncommercial
applicator must obtain at least five CEUs during the 12 months preceding December
31 in order to recertify and renew a license for the following year.
A commercial or noncommercial applicator whose initial license is issued on
or after September 1 must obtain the required CEUs anytime during the effective
license period.
A minimum of one hour each must be obtained from two
of the following categories: integrated pest management, laws and regulations
or drift minimization. [
An applicator who becomes unlicensed in any licensing
year may not be relicensed for 12 months unless all CEUs required for the
last year of licensing are completed. Until the 12-month period has elapsed,
applicators are prohibited from retesting under §7.22 of the title (relating
to Licensing of Applicators)
].
A commercial or noncommercial applicator
may not recertify their license using TDA approved correspondence activities
for two consecutive years.
(r)
] Private applicators must recertify
as follows:
except that any five year
period that began prior to January 1, 1996, may be satisfied by obtaining
two credits in laws and regulations and one credit in integrated pest management
].
the last day of February of the year their license expires
]
their license expiration date
.
(s)
] Failure to comply with the
continuing education requirements for commercial, noncommercial and private
applicators will:
(t)
] An applicator may seek credit
for a continuing education activity that has not been submitted by the sponsor
to the department, and the department will assign the number of credits for
the activity. To be eligible for accreditation, the following conditions must
be met:
(u)
] An applicator may file a written
request for an extension of time for compliance with any deadline in these
rules. Such request for extension may be granted by the department if the
applicator files appropriate documentation to show good cause for failure
to comply timely with the requirements of this subsection. Good cause means
illness, extended medical disability, or other extraordinary hardship which
is beyond the control of the person seeking the extension.
(v)
(w)
] Applicators licensed as both
private and commercial or noncommercial may satisfy requirements for private
applicator recertification by meeting the recertification requirements for
commercial and noncommercial applicators.
Subchapter D. USE AND APPLICATION
and
]
2,4- bis(isopropylamino)-6-methoxy-s-triazine (prometon);
and, 3,7-dichloro-8-quinolinecarboxylic
acid (quinclorac);
and
.
]
packaged in containers
of 50 pounds or less
] that are labeled for ornamental use and registered
as required in the Code, Chapter 63, concerning commercial fertilizer; or
a pesticide
]
the
application
of a restricted-use or state-limited-use pesticide or regulated
herbicide
to exercise direct supervision [
of application of a
restricted-use or state-limited- use pesticide or regulated herbicide
]
unless the label of the applied pesticide states that the presence of the
licensed applicator is required. The licensed applicator must always be
available when and if needed and is responsible for any actions of a person
working under the licensee's direct supervision.
and
]
(1)
(2)
]
A person seeking
[
In order to obtain
] certification as a licensed commercial LPC
applicator [
, a person
] shall comply with the licensing requirements
of §7.22
(d)
and §7.23 of this title (relating to Licensing
of Applicators and Applicator Business Proof of Financial Responsibility),
complete livestock protection collar training, pass a test prescribed by
the department, and pay the license fee prescribed by §7.20 of this
title (relating to Application). [
The license expiration and renewal
requirements of §7.25 of this title (relating to Expiration and Renewal
of Licenses), apply to commercial LPC applicators.
]
(3)
]
A person seeking
[
In order to obtain
] certification as a licensed noncommercial
LPC applicator [
, a person
] shall comply with the licensing requirements
of §7.22
(d)
of this title (relating to Licensing of Applicators),
[
shall
] complete livestock protection collar training, pass a
test prescribed by the department and pay the
license
fee prescribed
by [
§7.22 of this title (relating to Licensing of Applicators
]
§7.20 of this title (relating to Application)
;
(4)
]
A person seeking
[
In order to obtain
] certification as a private LPC applicator
[
, a person
] must possess a valid private applicator certificate
or [
obtain
] a private applicator license in accordance with §7.22
(f)
of this title (relating to Licensing of Applicators)[
and
]
,
complete [
the
] livestock protection collar training
[
program
] and pass a test prescribed by the department. No testing
fee will be collected from private applicators;
(5)
] All LPC applicators must recertify
as required by §7.24 of this title (relating to Applicator Recertification).
Each LPC applicator is responsible for giving written notice to the department
of any change of address
The department may require retraining and retesting
of
[
Retraining and retesting may be required by the department
for
] any LPC applicator who fails to comply with the use, recordkeeping
or other requirements of the department.
Any person seeking to qualify as an M-44 applicator
must possess a current private applicator certification or license, or a
commercial or noncommercial applicator license with certification in the
predatory animal control subcategory, regulatory pest control category or
demonstration and research category. All applicators must undertake training
prescribed by the department and obtain certification for M-44 use.
]
Any person not previously certified as an M-44 sodium cyanide applicator
may become certified by meeting the following criteria:
(1)
] Training for M-44 applicators
shall include the following:
(A)
] the proper use and treatment
of M-44 sodium cyanide;
(B)
] the proper method of disposing
of M-44 sodium cyanide and related contaminated materials;
(C)
] safe handling techniques designed
to reduce health and injury risks;
(D)
] recordkeeping requirements;
(E)
] proper methods of identifying
causes of predation; and,
(F)
] approved methods of predator
control.
(2)
] All M-44 applicators must comply
with the label including the use restriction bulletin on M-44 sodium cyanide
issued by the department (EPA Registration Number 33858- 2) when using M-44
sodium cyanide. Copies of the use restrictions must be obtained with the
purchase of each box of M- 44 sodium cyanide. Additional copies of the bulletin
and recordkeeping forms may be obtained from the department.
(e)
] Each applicator shall maintain
records on forms prescribed by the department dealing with the placement
of the device and the results of each placement. Such records shall include,
but may not be limited to:
Subchapter E. REGULATED HERBICIDES
Bell,
] Bexar, Brazoria, Brazos, Briscoe, Burleson, Calhoun,
Cochran, Collin, Collingsworth, Culberson, Dallas, Dawson, Deaf Smith, Delta,
Dickens, Dimmit, Donley, El Paso, Falls, Foard, Fort Bend, Gaines, Galveston,
Hall, [
Hardin,
] Harris, Haskell, Hidalgo, [
Houston,
]
Hudspeth, Hunt, Jackson, [
Jefferson,
] [
Kaufman,
] King,
Knox, Lamar, Lamb, Liberty, Loving, McLennan, Martin, Matagorda, Midland,
Milam, Motley, [
Newton,
] Orange, Parmer, Rains, Refugio, Robertson,
Rockwall, Runnels, San Patricio, [
Travis,
] [
Tyler,
]
Waller, Ward, Wharton and Wilbarger.
The aerial application of regulated herbicides may
be used during the regulated periods provided the user obtains a permit from
the department prior to use.
]
15
] of the following calendar
year.
The
] application
of all regulated herbicides[
,
]
is required for
[
with the exception of dicamba, is prohibited during
] the period beginning
May 16
[
June 11
] and ending August 31 of each year.
(q)
] Foard. That portion of Foard
County within the area described as follows is regulated by the provisions
of the Act, Subchapter G and regulations adopted thereunder, for the period
beginning May 25 and ending October 10 of each year: all of that portion
of Foard County lying east of a line which has its origin beginning at a
point where the Pease River intersects the east boundary line of Section
509, Block A, H.&T.C.RR.C., survey, thence continuing southerly along
the adjoining section lines ending at a point of intersection with the 345
KV transmission electric power lines, then, all of the portion of Foard
County lying north of a line along the 345 KV transmission electric power
lines extending easterly to the Wilbarger County line.
(r)
] Fort Bend.
(s)
] Gaines.
(t)
] Hall. The application of regulated
herbicides is prohibited between May 15 and October 15 of each year
, with the exception of the spot application of dicamba by means of a pressurized
hand held spray device, provided the user obtains a permit from the department
prior to use during the regulated period
.
(u)
] Harris.
(v)
] Haskell.
(w)
] Hidalgo. The regulated portion
of Hidalgo County is as follows:
(x)
(1)
(2)
(hh)
] Motley. No permit is required
for the period of November 1 to May 14 of the following year.
(ii)
] Parmer. No permit is required
in Parmer County for applications of regulated herbicides between November
1 and March 31 of the following year. However, the application of all ester
formulations of 2,4-D is prohibited between the dates of April 15 and October
1 of each year.
(jj)
] Refugio.
(kk)
] Robertson.
(ll)
] Runnels. That portion of
Runnels County beginning on the west county line at the point of intersection
with the Colorado River, east-southeasterly along the Colorado River to
its intersection with U.S. Highway 83, thence north along U.S. Highway 83
to its intersection with the north county line, thence westerly along the
north Runnels County line to the northwest corner of the county, thence southerly
along the west county line to the Colorado River, the point of beginning,
is regulated by the Act, Subchapter G and regulations adopted thereunder.
In regulated areas, no permit is required from October 1 through May 25 of
the following year. The application of ester formulations of regulated herbicides
is prohibited from May 26 through September 30 of each year. The application
of other regulated herbicides will be allowed beginning May 26 through September
30 of each year provided that a spray permit is obtained prior to each application.
(mm)
] San Patricio. No permit is
required during the period beginning September 1 and ending March 1 of the
following year. Application of regulated herbicides during the period of
March 2 through August 31 must be in compliance with the Act, Subchapter
G and regulations adopted thereunder. Only boom-type equipment can be used,
for ground applications with nozzle height not to exceed 24 inches and maximum
pressure not to exceed 20 pounds per square inch. The use of 2,4-D amine
herbicides must meet the following requirements for both ground and aerial
applications:
(nn)
] Wharton.
(oo)
] Wilbarger.
Part 7.
TEXAS AGRICULTURE RESOURCES PROTECTION