PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7. PESTICIDES
SUBCHAPTER H. STRUCTURAL PEST CONTROL SERVICE
DIVISION 1. GENERAL PROVISIONS
4 TAC §7.114
The Texas Department of Agriculture (the department)
adopts amendments to Chapter 7, Subchapter H, Division 1, §7.114,
concerning regulation of structural pest control, without changes
to the proposal published in the March 6, 2009, issue of the
Texas Register (34 TexReg 1505). The amendment
is adopted to add a definition for "integrated pest management" and
to make grammatical corrections to existing language. Comments were
received on the proposal suggesting that the proposed definition of
"integrated pest management" needed further clarification due to not
adequately encouraging the use of non-chemical strategies to manage
pest problems before using a pesticide and that the last sentence
of the definition undermines the intent of integrated pest management
(IPM) programs in schools. The department believes that the proposed
definition is consistent with commonly accepted definitions of integrated
pest management and the definition has utility to the employment of
integrated pest management approaches to all forms of structural pest
control other than schools. Additionally, the requirements in the
regulations for IPM programs in schools establishes criteria that
programs contain an element for the preferential use of lower risk
pesticides and the use of non-chemical strategies to control pests,
rodents, insects and weeds. Therefore, the amendments are adopted
as proposed.
The amendment adds a definition for "Integrated Pest Management"
and renumbers definitions following the new definition accordingly,
and makes grammatical corrections to the definition of "Obnoxious
and unwanted animals or plants".
The amendment of §7.114 is adopted under Occupations
Code, §1951.201, which provides that the department is the sole
authority in this state for licensing persons engaged in the business
of structural pest control; and §1951.212, which authorizes the
department to establish standards for an integrated pest management
program for the use of pesticides, herbicides, and other chemical
agents to control pests, rodents, insects, and weeds at the school
buildings and other facilities of school districts and by rule shall
establish categories of pesticides that a school district is allowed
to apply.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2009.
TRD-200902465
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 7, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-4075
4 TAC §7.135
The Texas Department of Agriculture (the department)
adopts amendments to Chapter 7, Subchapter H, Division 2, §7.135,
concerning regulation of structural pest control, without changes
to the proposal published in the March 6, 2009, issue of the
Texas Register (34 TexReg 1506). The amendment
is adopted to correct an error that occurred in the adoption of §7.135(k),
included in the department's adoption of amendments to Subchapter
H, Division 2, in the December 4, 2008, issue of the
Texas Register (33 TexReg 9974). The amendment
restores subsection (k)(1) - (4), relating to information that a sponsor
must include in a certificate of completion of a continuing education
course taken for purposes of meeting license requirements for structural
pest control applicators. These paragraphs were inadvertently omitted
in the departments adoption submission.
No comments were received on the proposed amendment.
The amendment to §7.135 is adopted under Occupations
Code (Code), §1951.201, which provides that the department is
the sole authority in this state for licensing persons engaged in
the business of structural pest control; the Code §1951.203,
which provides that the department shall develop standards and criteria
for issuing licenses to individual technicians, businesses, certified
commercial applicators and certified noncommercial applicator's conducting
structural pest control activities; and §1951.315, which provides
the department to establish by rule continuing education requirements
for licensees.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2009.
TRD-200902466
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 7, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts
the repeal of Chapter 7, Subchapter H, Division 3, §7.150 and
new §7.150, and amendments to §7.153 and §7.155, concerning
regulation of structural pest control in the March 6, 2009, issue
of the Texas Register (34 TexReg 1506).
Section 7.150 is adopted with changes to subsections (c) and (d).
Section 7.153 and §7.155 are adopted without changes and will
not be republished. Section 7.150 is repealed in its entirety to allow
the department to adopt a new §7.150 to specify requirements
for school districts to follow in implementing an integrated pest
management (IPM) program as provided by House Bill 2458 (HB 2458),
80th Regular Legislative Session, 2007. New §7.150 is adopted
to provide for continuing education and training requirements for
newly appointed integrated pest management coordinators employed by
school districts. This section also provides for the responsibility
of school districts to adopt an IPM program, sets forth the elements
that an IPM program shall contain, provides for the appointment and
notification to the department of IPM coordinators, describes the
responsibilities of the IPM coordinator and certified applicators
and licensed technicians, and establishes categories of pesticides
that are allowed to be used in school buildings and other facilities
of school districts, provides for the approval for use requirement
of each category and specifies the application restrictions associated
with each category.
Amendments to §7.153 are adopted to replace references to
the Board with the department and to correct cites to other sections
of the rule that were changed with the transfer of the rules from
the abolished Structural Pest Control Board to the department by HB
2458. The amendments are also adopted to specify that a pest control
business that qualifies to use the reduced impact pest control service
may use the consumer information sheet designed for that service and
that the consumer information sheet may be obtained from the department
and through the department's website. The amendments to §7.155
are adopted to make requirements for school districts in this section
consistent with those adopted in new §7.150.
No comments were received on the proposed changes to §7.153
and §7.155. Many comments were received on §7.150 from the
public and stakeholders. Comments generally suggest that school IPM
programs include the management of pests in school buildings as well
as on school grounds. The department believes that the adopted rules
accomplishes this by establishing the standards for an IPM program
for the use of pesticides to control pests, rodents, insects and weeds
at school buildings and other facilities of school districts consistent
with HB 2458.
Comments were received on §7.150(a)(4) suggesting that notification
based registries are a less effective means of notifying people because
of their limited scope and requiring that individuals place themselves
on registries affords only those who already know toxic exposure the
opportunity to be informed about pesticide use in school. The comments
further suggested that prior notification should be made 72 hours
in advance of applications to ensure that the information has been
received, to get further information regarding the pesticide and to
make arrangements to avoid exposure. The department believes that
the regulation provides a reasonable and adequate mechanism to allow
a school district to develop procedures to provide prior notification
to individuals who request to be notified of pesticide applications
and allows latitude for the format that the prior notification may
be provided to the individual. School districts have the capability
to develop procedures that will best fit the needs of individuals
and students based on the individual needs of the school district
and the requesting parties. Therefore, this subsection is adopted
as proposed.
One comment was received on §7.150(b)(2) stating that the
continuing education requirements for IPM Coordinators is insufficient
to protect the public given the toxicity of pesticides used and rapidly
changing technology and should be increased from the proposed six
hours every three years. The department believes that continuing education
is vital to enhance the knowledge of pesticide users but the proposed
language is consistent with the requirements of HB 2458. Therefore,
this subsection is adopted as proposed.
One comment was received on §7.150(c)(5) recommending that
the time period for forwarding pesticide use records to the IPM Coordinator
be revised to allow the pesticide use records to be mailed within
two weeks instead of 48 hours to reduce the administrative burden
to pest control operators in supplying the information by allowing
the use records to be forwarded in batches rather than individually
for each application. The department agrees with the comment in that
more flexibility may be needed, but that a two-week period is not
warranted. The department adopts the proposed language with change
to allow the records to be provided within two business days or in
a time frame as agreed to by the IPM Coordinator.
Comments were received on §7.150(d)(1) stating that posting
inside the school does little to inform parents of upcoming pesticide
application and suggested adding the words "in an area of common access".
The department agrees with the comment that further clarification
is warranted and adopts the proposed section with change to specify
that posting must conform with §7.148 of the regulations which
requires that pest control sign must be posted in an area of common
access at least 48 hours prior to each planned treatment.
Comments were received on §7.150(d)(2) stating that posted
notification signs should remain posted for 72 hours because of residues
remaining after an application. The department believes that a 72-hour
period for signs to remain posted for all applications is unnecessary,
and that the application restrictions and reentry intervals required
based on the pesticide category of the pesticide applied is sufficient
to ensure any residue remaining after the application should not pose
an unreasonable risk. One comment was received on §7.150(d)(5)
stating that this subsection does not adequately protect children
from exposure to the toxic volatilization products of many commonly
used herbicides and insecticides. The comment suggested adding the
words "and potentially harmful volatilization products" after the
words "spray particles". The department believes that the proposed
language addresses the concern of the comment by not allowing pesticide
applications to be made when potential drift would expose students
through either physical drift or volatility. Comments were received
on §7.150(d)(6) stating that the rule should explicitly state
that pesticides may be used only as a last resort after non-chemical
methods of pest control are found to be unreasonable and have been
exhausted, and then may the least toxic pesticide be used. The department
believes the essential elements that are contained and included in
an IPM program such as written guidelines that identify thresholds
for when pest control actions are justified and the preferential use
of lower risk pesticides as well as the use of non-chemical strategies
to control pests accomplishes the substance of the comment. Subsection
(d)(2) and (5) are adopted as proposed.
Comments were received on §7.150(d)(6)(A) stating that insect
and rodent baits in tamper-resistant containers, or for crack and
crevice use, should specify only the use of non-volatile pesticides.
Comments also stated that Green Category Pesticides should explicitly
prohibit chemical ingredients that are carcinogens, mutagens, teratogens,
reproductive toxins, developmental neurotoxins, endocrine disruptors,
or immune system toxins. One comment was received stating that the
Green Category is far too restrictive in excluding Toxicity Category
IV products that have been evaluated and classified as reduced risk
by the U.S. Environmental Protection Agency (EPA). The department
believes specifying only the use of non-volatile pesticides in tamper-resistant
containers or for crack and crevice use is unwarranted in that most
pesticides used in these methods do not contain active ingredients
that would be volatile. The department also believes that active ingredients
that may be suspected of being carcinogens, mutagens, teratogens,
reproductive toxins, developmental neurotoxins, endocrine disruptors
or immune system toxins would have label restrictions or use classifications
that would render the product to not meet the criteria of a Green
Category Pesticide. The department also believes that the criteria
for Green Category is not too restrictive and although it would not
include Toxicity Category IV products that have been classified as
Reduced Risk by EPA, its use would not be prohibited, but would instead
fall within the criteria for a Yellow Category Pesticide. Comments
were received on §7.150(d)(6)(B) stating that pesticides should
not be applied when students or staff are, or likely to be, in the
area within 24 hours of the application. Comments also opposed decreasing
the reentry interval for Yellow Category Pesticides from 12 hours
to 4 hours and that the distance between the application site and
students should be increased to a minimum of 50 feet. Comments also
recommended prohibiting the use of Yellow Category pesticides for
aesthetic purposes. One comment stated that the definition of Yellow
Category pesticides is inadequate due to the hazard variation between
products in the Yellow Category is too great to be able differentiate
between acute toxicity category III products and those in acute toxicity
category IV and EPA Reduced Risk pesticides. The comment felt that
making the Yellow Category so broad removes the incentive to use toxicity
category IV and EPA Reduced Risk products and the addition of an exemption
from the prior written approval for EPA Reduced Risk or toxicity category
IV pesticides would create an incentive for the use of least hazardous
products with the Yellow Category. In lieu of such an exemption, the
comment suggested an annual prior approval in place of the proposed
six-month/six applications. The department believes that the increased
restrictions to post the treated area and to periodically monitor
the area to keep students out of the treated areas until the allowed
reentry time, coupled with the enhanced requirements contained in
the totality of the regulations is sufficient to warrant the reduction
of the reentry interval period and the accompanying distance requirements.
The department also believes the prohibition of the use of Yellow
Category Pesticides for aesthetic purposes would significantly reduce
options that school districts would have to control pests on such
vegetation and would result in an economic loss to school districts
that have invested in vegetation for such purposes. The department
also believes that the definition for the Yellow Category Pesticides
is not overly broad and does not remove the incentives for school
districts too use pesticides that are lower or reduced risk. The criteria
for the Yellow Category Pesticides provides guidance for school districts
to use in selecting a pesticide that will adequately address their
pest issues consistent with their established IPM program. The criteria
does not differ significantly from the previous Yellow List criteria
that has been used in IPM programs in school districts for years.
Comments were received on §7.150(d)(6)(C) stating that Red Category
Pesticides should be prohibited unless non-chemical strategies and
Green and Yellow Category Pesticides have been tried and the pest
problem is a public health emergency. The comments also stated that
pesticides should not be applied when students or staff are, or likely
to be, in the area within 24 hours of the application and were opposed
to decreasing the reentry interval for Red Category Pesticides from
twelve (12) hours to eight (8) hours. The comments also stated that
the distance between the application site and students should be increased
to a minimum of 100 feet and that students should not be on school
grounds or in the school building during an application of a Red Category
Pesticide. The comments also stated that the use of Red Category pesticides
for aesthetic purposes should be prohibited. The department believes
that the increased restrictions to post the treated area and to periodically
monitor the area to keep students out of the treated areas until the
allowed reentry time, coupled with the enhanced requirements contained
in the totality of the regulations is sufficient to warrant the reduction
of the reentry interval period and the accompanying distance requirements.
The department also believes the prohibition of the use of Red Category
Pesticides for aesthetic purposes would significantly reduce options
that school districts would have to control pests on such vegetation
and would result in an economic loss to school districts that have
invested in vegetation for such purposes. Subsection (d)(6) is adopted
as proposed.
4 TAC §7.150
The repeal of §7.150 is adopted under Occupations
Code, §1951.201, which provides that the department is the sole
authority in this state for licensing persons engaged in the business
of structural pest control; §1951.212, which authorizes the department
to establish standards for an integrated pest management program for
the use of pesticides, herbicides, and other chemical agents to control
pests, rodents, insects, and weeds at the school buildings and other
facilities of school districts and by rule shall establish categories
of pesticides that a school district is allowed to apply; and the
Texas Government Code, §2001.004, which provides that a state
agency shall adopt rules of practice stating the nature and requirements
of all available formal procedures.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2009.
TRD-200902467
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 7, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-4075
4 TAC §§7.150, 7.153, 7.155
The new section and amendments are adopted under Occupations
Code, §1951.201, which provides that the department is the sole
authority in this state for licensing persons engaged in the business
of structural pest control; §1951.212, which authorizes the department
to establish standards for an integrated pest management program for
the use of pesticides, herbicides, and other chemical agents to control
pests, rodents, insects, and weeds at the school buildings and other
facilities of school districts and by rule shall establish categories
of pesticides that a school district is allowed to apply; and the
Texas Government Code, §2001.004, which provides that a state
agency shall adopt rules of practice stating the nature and requirements
of all available formal procedures.
§7.150.Integrated Pest Management Program for School Districts.
(a) Responsibility of School Districts to Adopt an
IPM Program. Each school district shall establish, implement, and
maintain an Integrated Pest Management (IPM) program. An IPM program
is a regular set of procedures for preventing and managing pest problems
using an integrated pest management strategy, as defined in §7.114
of this title (relating to Definition of Terms). The school district
is responsible for the IPM Coordinator(s) compliance with these regulations.
(1) The IPM program shall contain these essential elements:
(A) a school board approved IPM policy, stating the
school district's commitment to follow integrated pest management
guidelines in all pest control activities that take place on school
district property. The IPM policy statement shall include:
(i) a definition of IPM consistent with this section;
(ii) a reference to Texas laws and rules governing
pesticide use and IPM in public schools;
(iii) information about who can apply pesticides on
school district property; and
(iv) information about designating, registering, and
required training for the school district's IPM coordinator. The Superintendent
and IPM Coordinator will maintain a copy of the policy.
(B) a monitoring program to determine when pests are
present and when pest problems are severe enough to justify corrective action;
(C) the preferential use of lower risk pesticides and
the use of non-chemical management strategies to control pests, rodents,
insects and weeds;
(D) a system for keeping records of facility inspection
reports, pest-related work orders, pest control service reports, pesticide
applications, and pesticide complaints;
(E) a plan for educating and informing school district
employees about their roles in the IPM program; and
(F) written guidelines that identify thresholds for
when pest control actions are justified.
(2) Each school district superintendent shall appoint
an IPM Coordinator(s) to implement the school district's IPM program.
Not later than 90 days after the superintendent designates or replaces
an IPM Coordinator(s), the school district must report to the department
the newly appointed coordinator's name, address, telephone number,
e-mail address and the effective date of the appointment. A school
district that appoints more than one IPM Coordinator shall designate
a Responsible IPM Coordinator who will have overall responsibility
for the IPM program and provides oversight of subordinate IPM Coordinators
regarding IPM program decisions.
(3) Each school district that engages in pest control
activities must employ or contract with a licensed applicator, who
may, if an employee, also serve as the IPM Coordinator(s).
(4) Each school district shall prior to or by the first
week of school attendance, ensure that a procedure is in place to
provide prior notification of pesticide applications in accordance
with this chapter. Individuals who request in writing to be notified
of pesticide applications may be notified by telephonic, written or
electronic methods.
(b) Responsibilities of the IPM Coordinator(s). The
IPM Coordinator(s) shall be responsible for implementation of the
school district IPM Program and district compliance with these rules.
In addition, the IPM Coordinator(s) shall:
(1) successfully complete a department-approved IPM
Coordinator training course within six months of appointment;
(2) obtain at least six hours of department-approved
IPM continuing education units at least every three years, beginning
the effective date of this rule or the date of designation, whichever
is later. No approved course may be repeated for credit within the
same three year period;
(3) oversee and be responsible for:
(A) coordination of pest management personnel, ensuring
that all school employees who perform pest control, including those
employees authorized to perform incidental use applications, have
the necessary training, are equipped with the appropriate personal
protective equipment, and have the necessary licenses for their pest
management responsibilities;
(B) ensuring that all IPM program records, including
incidental use training records (as provided for under §7.155),
facility inspection reports, pest-related work orders, pest control
service reports, pesticide applications, and pesticide complaints
are maintained for a period of two years and are made available to
a department inspector upon request;
(C) conducting periodic facility inspections on campus
buildings and grounds;
(D) working with district administrators to ensure
that all pest control proposal specifications for outside contractors
are compatible with IPM principles, and that contractors work under
the guidelines of the school district's IPM policy;
(E) ensuring that all pesticides used on school district
property are in compliance with the school district's IPM program
and that current pesticide labels and Material Safety Data Sheets
(MSDS) are available for interested individuals upon request;
(F) overseeing and implementing that portion of the
plan that ensures that school district administrators and relevant
school district personnel are provided opportunities to be informed
and educated about their roles in the IPM program, reporting, and
notification procedures;
(G) pesticide applications, including the approval
of emergency applications at buildings and on school district grounds,
are conducted in accordance with these rules;
(H) maintaining a current copy of the school district's
IPM policy and making available to a department inspector upon request.
(c) Responsibilities of Certified Applicators and Licensed
Technicians. The commercial or noncommercial certified applicator
or licensed technician shall:
(1) apply only EPA labeled pesticides, appropriate
for the target pest, except as provided in these rules;
(2) provide the structural pest management needs of
the school district by following the school district's IPM program
and these regulations;
(3) obtain written approval from the IPM Coordinator(s)
for the use of pesticides in accordance with these rules;
(4) handle and forward to the IPM Coordinator(s) records
of IPM activities, any complaints relating to pest problems, and pesticide use;
(5) ensure that pesticide use records are forwarded
to the IPM Coordinator within two (2) business days or in a time frame
as agreed to by the IPM Coordinator;
(6) consult with the IPM Coordinator(s) concerning
the use of control measures in buildings and grounds; and
(7) ensure that all pest control activities are consistent
with the school district's IPM program and IPM policy.
(d) Pesticide Use In School Districts. All pesticides
used by school districts must be registered with the United States
Environmental Protection Agency (EPA) and the Texas Department of
Agriculture, with the exception of those pesticides that have been
exempted from registration by the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), Section 25(b). All pesticides used by
school districts must also bear a label as required by FIFRA and Chapter
76 of the Texas Agriculture Code. Pesticide use must also meet the
following requirements.
(1) Pest control signs shall be posted at least 48
hours prior to a pesticide application inside school district buildings
as provided for under §7.148 of this title (relating to Responsibilities
of Unlicensed Persons for Posting and Notification).
(2) For outdoor applications made on school district
grounds, a pest control sign shall be displayed at the time of application
and will remain posted until the specified reentry interval has been
met in accordance with these rules.
(3) Pesticides used on school district property shall
be mixed outside of student occupied areas of building and grounds.
(4) The use of non-pesticide control measures, non-pesticide
monitoring tools and mechanical devices, such as glue boards and traps
as permitted in accordance with these rules, are exempt from posting
requirements.
(5) Pesticide applications shall not be made to outdoor
school grounds if such an application will expose students to physical
drift of pesticide spray particles. Reasonable preventative measures
shall be taken to avoid the potential of drift to occur.
(6) School districts are allowed to apply the following
pesticides to control pests, rodents, insects and weeds at school
buildings, grounds or other facilities in accordance with the approval
for use and restrictions listed for each category:
(A) Green Category Pesticides.
(i) Definition: A pesticide will be designated as a
Green Category pesticide if it meets the following criteria:
(I) all active ingredients belonging to EPA toxicity
categories III and IV;
(II) it contains a CAUTION signal word on the product
label, unless no signal word is required to appear on the product
label as determined by EPA; and
(III) it consists of the active ingredient boric acid;
disodium octoborate tetrahydrate or related boron compounds; silica
gel; diatomaceous earth; or belongs to the class of pesticides that
are insect growth regulators; microbe-based insecticides; botanical
insecticides containing no more than 5% synergist (and does not include
synthetic pyrethroids); biological (living) control agents; pesticidal
soaps; natural or synthetic horticultural oils; or insect and rodent
baits in tamper-resistant containers, or for crack-and-crevice use only;
(ii) Approval for Use: Green Category pesticides do
not require prior written approval. These pesticides may be applied
at the licensee's discretion under the guidelines of the school district
IPM program.
(iii) Restrictions:
(I) Green Category pesticides may be applied indoors
if students are not present and are not expected to be present in
the room or treated area at the time of application. Reentry into
the treated area is permitted as soon as the application is complete,
the pesticide spray has dried, or the reentry interval specified on
the pesticide label has expired, whichever interval is longer.
(II) Green Category pesticides may be applied outdoors
if students are not present within ten (10) feet of the application
site at the time of treatment. Students are allowed reentry into the
treated area as soon as the application is complete, the pesticide
spray has dried or the reentry interval specified on the pesticide
label has expired, whichever interval is longer.
(B) Yellow Category Pesticides.
(i) Definition: A pesticide will be designated as a
Yellow Category pesticide if it meets the following criteria:
(I) all active ingredients belonging to EPA toxicity
categories III and IV;
(II) it contains a CAUTION signal word on the product
label, unless no signal word is required to appear on the product
label as determined by EPA; and
(III) it does not meet the criteria to be designated
as a Green Category pesticide under subparagraph (A)(i) of this paragraph.
(ii) Approval for Use: Yellow Category pesticides require
written approval from the certified applicator prior to their use.
Yellow Category pesticide approvals shall have a duration of no longer
than six (6) months or six (6) applications per site, whichever occurs first.
(iii) Restrictions:
(I) Yellow Category pesticides may be applied indoors
if students are not present or not expected to be present in the room
or treated area within the next four (4) hours following the application,
or until the reentry interval specified on the pesticide label has
expired, whichever interval is longer.
(II) Yellow Category pesticides may be applied outdoors
if students are not present or not expected to be present within ten
(10) feet of application site and the area is secured and reentry
is in accordance with these rules for no less than four (4) hours,
or until the reentry interval specified on the pesticide label has
expired, whichever interval is longer.
(III) The treated area must be clearly posted at all
entry points or secured using a locking device, a fence or other practical
barrier such as commercially available barrier caution tape or periodically
monitored to keep students out of the treated area until the allowed
reentry time.
(C) Red Category Pesticides.
(i) Definition: A pesticide will be designated as a
Red Category Pesticide if it meets the following criteria:
(I) all active ingredients belonging to EPA toxicity category I or II;
(II) it contains a WARNING or DANGER signal word on
the product label; and
(III) it contains an active ingredient that has been
designated as a restricted use pesticide, a state-limited-use pesticide
or a regulated herbicide; and it does not meet the criteria to be
designated as a Green Category pesticide under subparagraph (A)(i)
of this paragraph, or a Yellow Category pesticide under subparagraph
(B)(i) of this paragraph.
(ii) Approval for Use: Prior to the application, licensees
must provide written justification to the IPM Coordinator for the
use of the red category pesticide and must obtain signed approval
for the application from the IPM Coordinator. Red Category pesticide
approvals shall have a duration of no longer than three (3) months
or three (3) applications per site, whichever occurs first.
(iii) Restrictions.
(I) Red Category pesticides may be applied indoors
if students are not present and are not expected to be present in
the room or treated area within eight (8) hours following the application,
or until the reentry interval specified on the pesticide label has
expired, whichever interval is longer.
(II) Red Category pesticides may be applied outdoors
if students are not present within twenty five (25) feet of the application
site, the area is secured in accordance with these rules, and reentry
by students is prohibited for no less than eight (8) hours, or until
the reentry interval specified on the pesticide label has expired,
whichever interval is longer.
(III) The treated area must be clearly posted at all
entry points or secured using a locking device, a fence or other practical
barrier such as commercially available barrier caution tape or periodically
monitored to keep students out of the treated area until the allowed
reentry time.
This agency hereby certifies
that the adoption has been reviewed by legal counsel and found to
be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2009.
TRD-200902468
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 7, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-4075
4 TAC §15.11
The Texas Department of Agriculture (the department)
adopts new §15.11, concerning retail egg replacement, without
changes to the proposal as published in the May 1, 2009, issue of
the Texas Register (34 TexReg 2648).
The new section is adopted in order to provide requirements under
which retailers may adopt procedures to replace broken or unsound
eggs within a carton. Documentation of employee training on these
requirements will be kept at the retail establishment. New §15.11
also provides that retailers must submit a written plan for replacement
to the department and, upon approval, operate under the conditions
of a compliance agreement. Due to their fragile nature and perish
ability, shell eggs can easily be damaged at any point in the distribution
system. Damaged eggs provide an excellent growing environment for
harmful bacteria, such as Salmonella, which
can be associated with raw eggs. Existing rules require the removal
from display of cartons containing damaged eggs, but do not specify
handling requirements or methods of disposal to ensure sanitary practices.
The adopted rule will allow retailers appropriate flexibility to reduce
waste, while ensuring safe handling of eggs and maintaining labeling
and grading requirements. The new section provides requirements for
cartons used for egg replacement, sanitation requirements for egg
replacement, and record keeping requirements.
No comments were received on the proposal.
The new section is adopted under the Texas Agriculture
Code, §132.044(e), which authorizes the department to provide
for the repacking, downgrading, or both repacking and downgrading
of eggs by a retailer; §132.003, which authorizes the department
to adopt rules as necessary, in the administration of this chapter;
and §12.020, which authorizes the department to enforce administrative
penalties for violations of Chapter 132.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 16, 2009.
TRD-200902443
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 6, 2009
Proposal publication date: May 1, 2009
For further information, please call: (512) 463-4075
SUBCHAPTER U. ASIAN CITRUS PSYLLID QUARANTINE
DIVISION 2. LICENSES
DIVISION 3. COMPLIANCE AND ENFORCEMENT
CHAPTER 15. EGG LAW
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS