PART 1. TEXAS DEPARTMENT OF AGRICULTURE
SUBCHAPTER H. STRUCTURAL PEST CONTROL SERVICE
DIVISION 1. GENERAL PROVISIONS
The Texas Department of Agriculture (the department) proposes an amendment to Chapter 7, Subchapter H, Division 1, §7.114, concerning regulation of structural pest control. The amendment is proposed to add a definition for "integrated pest management" and to make grammatical corrections to existing language.
Jimmy Bush, Assistant Commissioner for Pesticides, has determined that, for the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section, as amended.
Mr. Bush also has determined that for each year of the first five years the proposed amendments is in effect, the public benefit anticipated as a result of enforcing the sections will be the addition of a necessary definition to provide guidance on what elements an integrated pest management strategy should address. There will be no effect on microbusinesses, small businesses or persons required to comply with the amended section, as proposed, therefore, no regulatory flexibility analysis is required.
Written comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposed amendments in the Texas Register.
The amendment of §7.114 is proposed 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.
Occupations Code, Chapter 1951, is affected by the proposal.
§7.114.Definition of Terms.
In addition to the definitions set out in the Structural Pest Control Act, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (15) (No change.)
(16) Integrated Pest Management (IPM)--A pest management strategy that relies on accurate identification and scientific knowledge of target pests, reliable monitoring methods to assess pest presence, preventative measures to limit pest problems and thresholds to determine when corrective control measures are needed. Under IPM, whenever economical and practical, multiple control tactics should be used to achieve best control of pests. These tactics will possibly include, but are not limited to, the judicious use of pesticides.
(17) [(16)] License--A document
issued by the department to a person authorizing the practicing and/or
supervising of the professional service or services indicated thereon.
(18) [(17)] Licensee--The holder of a valid license.
(19) [(18)] Obnoxious and unwanted
animals or plants--Animals or weeds as defined in §1951.003 of
the Occupations Code that limit the use or enjoyment or cause harm
or damage of any type to people, pets, structures, landscapes, or
the environment. Animals excluded from this definition are members
of the Order Primates, hoofed mammals, members of the Family
Ursidae [Ursidea], members of the Genus
Felis [Felis], members
of the Genus Canis [Canis
], domestic livestock, ratites, gallinaceous birds, and alligators.
(20) [(19)] Personal Contact--Physical
presence at a work location.
(21) [(20)] Revoke--To cancel
a license issued under authority of the Structural Pest Control Act.
When a business license is revoked, the holder of said license must
acquire a new license by completing a new application, and paying
the required fee. In the case of the certified applicator, the holder
of such certified applicator's license must acquire a new license
by completing a new application, paying a required fee, and being
re-examined in each category desired by said person.
(22) [(21)] Service--The Structural
Pest Control Service.
(23) [(22)] Suspend--To cease
operations for a period of time as specified by the department.
(24) [(23)] Unit--One hour of time.
(25) [(24)] Vice-Chairman--An
individual Advisory Committee member elected by the committee who
presides at the committee meeting in the absence of the Chairman.
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 February 23, 2009.
TRD-200900804
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes an amendment to Chapter 7, Subchapter H, Division 2, §7.135(k), concerning regulation of structural pest control. The amendment is made to correct an error that occurred in the adoption of §7.135(k), included in the 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 paragraphs (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 department's adoption submission.
Jimmy Bush, Assistant Commissioner for Pesticides, has determined that, for the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section, as amended.
Mr. Bush also has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amended section will be to specify the information that must appear on a certificate of completion provided to certified applicators by a course provider upon the successful completion of a department approved continuing education course. There will be no effect on microbusinesses or small businesses, or individuals who are required to comply with the amendment, therefore, no regulatory flexibility analysis is required.
Written comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposed amendments in the Texas Register.
The amendment is proposed 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; 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.
Occupations Code, Chapter 1951, is affected by the proposal.
§7.135.Criteria and Evaluation of Continuing Education.
(a) - (j) (No change.)
(k) The sponsor must issue a certificate of completion within twenty-one (21) days of course to each applicator completing the course. This document must include at least the following information:
(1) certified applicator name and certified applicator assigned number;
(2) name of sponsor or sponsoring agency, company or organization;
(3) number and category of continuing education units awarded; and
(4) date and location of training or verification test.
(l) - (u) (No change.)
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 February 23, 2009.
TRD-200900805
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes the repeal of Chapter 7, Subchapter H, Division 3, §7.150, new §7.150 and amendments to §7.153 and §7.155, all concerning regulation of structural pest control. Section 7.150 is repealed in its entirety and a new §7.150 is proposed to specify requirements for school districts to follow in implementing an Integrated Pest Management (IPM) Program as provided by House Bill 2458, 80th Regular Legislative Session, 2007 (HB 2458). This section includes new continuing education requirements 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. This section also provides for the approval for use requirements of each category and specifies the application restrictions associated with each category. Section 7.153, pertaining to a reduced impact pest control service, is amended to replace reference to the Board with the department and to correct cites to other sections of the rule that was changed with the transfer of the rules from the abolished Structural Pest Control Board to the department by HB 2458. The section is also amended to specify that a pest control business that qualifies to use the reduced impact pest control service may use the consumer information sheet designed specifically for that service and that the consumer information sheet may be obtained from the department and through the department's website. Section 7.155 is amended to make requirements for school districts in that section consistent with those proposed in new §7.150. The department first published a proposal including the repeal of and new §7.150, and amendments to §7.153 and §7.155 for comment on July 4, 2008 (33 TexReg 5152), for a 30-day comment period. By the close of the comment period, substantive comments on new §7.150 and amendments to §7.153 and §7.155 had been received from many individuals and school districts. Recognizing that additional work was needed to address concerns of commenters the department withdrew the proposal and is now proposing a revised §7.150, §7.153 and §7.155 for comment. The comments received during the comment period of the original publication have been reviewed and considered in this new proposal.
Jimmy Bush, Assistant Commissioner for Pesticides, has determined that, for the first five-year period the proposed amendments, new section and repeal are in effect, there will be no fiscal implications for state government as a result of enforcing or administering the amended, repealed and new sections, as proposed. There will be a cost to local government as a result of new training requirements proposed in §7.150 for Integrated Pest Management (IPM) Coordinators employed by local school districts. The cost will vary depending on how many IPM Coordinators each district chooses to designate. While the proposed rule only requires that each school district appoint one IPM Coordinator, it does allow for school districts to appoint more than one IPM Coordinator to implement an IPM program. The estimated cost per year for the 1,035 school districts participating in the program will be: for newly appointed IPM Coordinators, an average cost of $261 for initial training and an average cost of $87 per year for the following four years; and an average continuing education cost of $87 per year for all existing IPM Coordinators. An IPM Coordinator that has been previously designated and has received the initial training must obtain the continuing education hours required for the three-year period.
Mr. Bush also has determined that, for each year of the first five years the proposed amendments and new section are in effect, the public benefit anticipated as a result of enforcing the amended sections will be updated regulations that provide clarity and additional guidance for the establishment of integrated pest management programs in school districts, the availability of reduced impact pest control services offered by pest control companies and incidental use of pesticides in schools. In regard to proposed new §7.150, relating to schools, the public benefit will be better trained Integrated Pest Management Coordinators working in school districts, more clearly defined categories of pesticides and application restrictions for each, and an immediate benefit to school districts and students from more clearly defined IPM Guidelines. There will be no effect on small or large businesses. There is an anticipated economic cost to persons who are required to comply with the amended sections as proposed. The cost of training and continuing education for newly appointed Integrated Pest Management Coordinators imposed by new §7.150 will be paid by local independent school districts who employ these individuals, and do not affect microbusinesses or small businesses. Therefore, no regulatory flexibility analysis is required.
Written comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposed amendments in the Texas Register.
(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 is proposed 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 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.
The code affected by the proposal is Occupations Code, Chapter 1951.
§7.150.Schools.
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 February 23, 2009.
TRD-200900812
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-4075
The new section and amendments are proposed 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 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.
The code affected by the proposal is Occupations Code, Chapter 1951.
§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. 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 48 hours of application.
(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.
(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.
§7.153.Reduced Impact Pest Control Service.
(a) A business may qualify to use the Reduced Impact
Pest Control Service [Services] designation
by having all certified applicators who will be supervising the service
attend a continuing education course approved by the department for
Reduced Impact Service. All licensed employees will have verifiable
training from a certified applicator who has attended the course and
is approved to provide such training.
(b) (No change.)
(c) A business using the Reduced Impact Pest Control
Service designation must meet the following requirements. [;]
(1) The department [Board] approved
Consumer Information Sheet must be used and it must be provided at
the time of inspection.
(2) - (4) (No change.)
(d) Notwithstanding §7.152 [§595.13
] of this title (relating to Advertising), the following words
may be used in an [a] advertisement for services
by a business authorized to provide Reduced Impact Service: [
;] Reduced Impact Service; Reduced Impact Methods; Reduced Impact
Techniques; Reduced Risk Methods; Reduced Hazards; Reduced Exposure;
Reduced Impact Specialist; Environmentally Sensitive Services; Environmentally
Sensitive Programs; Environmentally Friendly; Environmentally Sound;
Environmentally Aware; Environmentally Responsible or any other words
descriptive of the service which are not specifically listed as prohibited
in §7.152 of this title [§595.13]
and which can be substituted by the business's adherence to the goals
of Reduced Impact Service.
(e) (No change.)
(f) Licensees holding the Reduced Impact authorization
and licensed in the lawn and ornamental or weed categories may use
the Consumer Information Sheet for Reduced Impact Service (RIS)
in lieu of the Consumer Information Sheet required in §7.147
of this title (relating to Consumer Information Sheet). Copies of
the Consumer Information Sheet are available from the department in
English and Spanish and are available on the Structural Pest Control
Service website at: http://www.tda.state.tx.us/spcs/, or by contacting
the Texas Department of Agriculture at P.O. Box 12847, Austin, TX
78711- 2847, Telephone 866-918-4481. The department's Consumer Information
Sheet for Reduced Impact Service may be copied and used in accordance
with this section [following text in place of that required
in §595.7].
[Figure: 4 TAC §7.153(f)]
§7.155.Incidental Use For Schools.
(a) The Incidental Use [Situation] For Schools
Fact Sheet must contain the following text: "This fact sheet must
be distributed to all employees of school districts who apply general
use Green Category pesticides [List products]
(or Yellow Category pesticides [List products]
specific to ant, bee and wasp applications) and are not licensed by
the Texas Department of Agriculture. The fact sheet, instruction and
training must be provided upon initial employment by the school district's
IPM Coordinator, and thereafter must be available as needed. These
general use Green Category [List] pesticides
include insecticides only and involve applications made both inside
and outside of structures. Incidental Use is not intended for long
term or extensive pest control measures, rather emergency situations
where safety of students or workers is at risk and there is insufficient
time to contact a licensed applicator. Where long term pest control
is required, a trained, licensed person is to make the applications.
Examples of Incidental Use situations are treating fire ants in a
transformer box or treatments for bees or wasps as a non-routine application
to protect children or personnel. Incidental Use is defined as site-specific
and incidental to the employee's primary duties. If it is part of
the employee's primary duty to make applications of pesticides, that
employee is required[,] by law to obtain a Texas Department
of Agriculture license, depending on the location and type of application.
In all cases of incidental use [Incidental Use],
the employee should use the least hazardous, effective method of controlling
pests. All applications to schools or school grounds must be in compliance
with school district IPM policies. If chemicals are utilized, they
must be applied in strict accordance with manufacturer labels of [
"General Use" products on the Green or Yellow List
] products being used. Applications made inconsistent with the department
law [Law] and regulations [
Regulations], or applications
made inconsistent with the label requirements of the product may result
in an enforcement action being taken against the individual and/or
the certified applicator or technician responsible. ["
]Incidental pesticide use in schools is [
Use Situation" applications of pesticides are
] regulated by the Texas Department of Agriculture.
If you have any questions or comments, contact the Texas Department
of Agriculture, phone number 1-866-918-4481 or P.O. Box 12847, Austin,
Texas 78711-2847."
(b) - (c) (No change.)
(d) Pest control use records must be kept by IPM Coordinator(s)
for all incidental pesticide use [Incidental Use]
applications including reason for application and justification for
emergency for two (2) years.
(e) Incidental pesticide use [Use]
in school districts is limited to insecticides [
and rodenticides] that are Green and Yellow
Category pesticides [list products].
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 February 23, 2009.
TRD-200900806
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-4075