ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS PART XXV. Structural Pest Control Board CHAPTER 595.Compliance and Enforcement 22 TAC sec.sec.595.6-595.8, 595.14 The Structural Pest Control Board adopts amendments to sec.sec.595.6-595.8, 595.14, concerning pest control sign and consumer information sheet. Section 595.7 is adopted with changes to the proposed text as published in the April 11, 1997, issue of the Texas Register 22 TexReg 3365. Sections 595.6, 595.8 and 595.14 are adopted without changes and will not be republished. The justification for the rule is the amendments will bring reduced costs for signs and consumer information sheets and increase compliance with the regulations. The rule will function in that the amendments delete the requirement for posting at the time of an emergency, distinguish between planned and unplanned treatments, combine the standard and Reduced Impact Consumer information sheets and create a waiver for customers under contract for multiple treatments. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 135b-6, which provide the Texas Structural Pest Control Board with the authority to license and regulate persons who perform structural pest control services. sec.595.7.Consumer Information Sheet. (a) For indoor treatments, the Board-approved Consumer Information Sheet, a statement listing the pesticide(s) used and upon request a label for any pesticide(s) used shall be distributed by the licensee as follows: (1) to owners of private residences before or at the time of treatment; (2) to each unit of residential rental properties of less than five units at the time of treatment; (3) to the owner or manager of residential rental properties with five or more units at least 48 hours prior to a planned treatment; (4) to employers, managers or administrators of work places, hospitals, nursing homes, hotels, motels, lodges, warehouses, food-processing establishments, school or educational institutions, or day-care centers at least 48 hours prior to a planned treatment. A work place is defined as any non-residence with three or more full time paid employees which is treated by a licensed business or a certified noncommercial applicator. (b) For outdoor treatments, the Board-approved Consumer Information Sheet, a statement listing the pesticide(s) used and upon request for each pesticide used shall be distributed by the licensee as follows: (1) to owners of private residences before the treatment begins; (2) to each unit of residential rental property with fewer than five units at time of treatment. (c) The official Structural Pest Control Board Consumer Information Sheet must be used. Copies of the Consumer Information Sheet are available from the Board in English and Spanish and shall read as follows: CONSUMER INFORMATION SHEET The structural pest control industry is regulated by the Texas Structural Pest Control Board located at 1106 Clayton Lane, #100LW, Austin, Texas 78723. The Board licenses the businesses, certified applicators and technicians who perform structural pest control work. Otherwise, a certified noncommercial applicator or technician must perform the service. Certified applicators and technicians must pass a written examination in order to receive their licenses. Pesticides must be registered with the United States Environmental Protection Agency and the Texas Department of Agriculture before they may be used in Texas. Environmental Protection Agency registration is not a finding of product safety. Pesticides are designed to kill or control pests. Your risk of harm depends upon the degree of your exposure and your individual susceptibility. Specific health and safety information varies between pesticides and types of exposures and is available on the label information or MSDS sheet which can be supplied to you upon request from the licensed applicator. Take normal precautions when a treatment has been performed. Pesticides may be harmful if swallowed, inhaled, or absorbed through the skin. Avoid breathing dust or spray mist and any unnecessary contact with treated surfaces. If you desire specific information on precautions, refer to the pesticide label. The law requires that the application procedures specified on the label be followed. If you have questions about the application, contact the certified applicator. If you suspect a violation of the law regarding structural pest control, contact the Structural Pest Control Board. In case of a health emergency, seek immediate medical attention. Pest Control signs must be posted prior to treatment in many instances. The signs should be posted in an area of common access at least 48 hours prior to treatment. The information sign will allow you to contact someone who can tell you what pesticide is being used. If you are contracting for pest control services due to a home solicitation, you have the right to cancel the contract within 72 hours. You may exercise this right by notifying the pest control company that you do not wish to receive their service. For general information on pesticides contact the National Pesticide Telecommunications Network at I-800-858-7378. For information concerning structural pest control laws, contact: Structural Pest Control Board (512) 451-7200. For information concerning the formulation and registration of pesticides, contact: Texas Department of Agriculture (512) 463-7476. For non- emergency health information relating to pesticides, contact Texas Department of Health (512) 458-7111. REDUCED IMPACT SERVICE In order to minimize the reliance on pesticides and reduce pest populations, a Reduced Impact Pest Control operator may recommend that you consider the sanitation or physical alteration of your work place or residence. It is your responsibility to follow those recommendations. Your pest control operator may or may not offer these services upon request. A proper inspection will provide the information necessary for you to choose the method of pest control which best suits your situation. Many pest problems can be solved without using pesticides. This Reduced Impact Service will include an inspection report and treatment recommendations. You should review these and keep a copy for your records. Your cooperation in following the recommendations made by your service provider is essential to a reduced impact service program. Pesticides may be used in a responsible and professional manner in a reduced impact pest control service. If you do not want a specific pesticide used or any pesticides used at all, you must note this in writing on the contract prior to the initiation of the service. If any specific pesticide or class of pesticides are not excluded, it may be used by the provider. REQUIRED BY THE STRUCTURAL PEST CONTROL BOARD (d) The pre-notification requirements of subsection (a)(3) and (4) are waived if the customer and certified applicator sign a statement attesting to the fact that an emergency exists which requires immediate treatment. If such an emergency exists, the Consumer Information Sheet should be provided by the licensee at the time of treatment. The statement must be kept on file with the pest control use records at the business license location. Certified noncommercial applicators may attest to an emergency by signing a statement attesting to the emergency and must keep the statement on file with the pest control use records at their place of employment. If the customer is not available to sign a statement at the time of treatment, the customer's name and telephone number shall be noted in the pest control use records. An emergency is defined as an imminent hazard to health or property or an imminent infestation and emergency treatment is limited to the localized area of the emergency. (e) Licensees holding the lawn and ornamental or weed categories may use the following text in place of that required in subsection (c) of this section: CONSUMER INFORMATION SHEET (REQUIRED BY THE TEXAS STRUCTURAL PEST CONTROL BOARD) Pesticides must be registered with the United States Environmental Protection Agency and the Texas Department of Agriculture before they may be used in Texas. EPA registration is not a finding of product safety. Pesticides are designed to control or repel pests. Your risk of harm depends upon the degree of your exposure to a particular pesticide and your individual susceptibility. Specific health and safety information varies between pesticides and types of exposures and is available on the label information or MSDS sheet (usually only refers to the undiluted products) which can be supplied to you upon request from the licensed applicator. Take normal precautions when a treatment has been performed. Pesticides may be harmful if swallowed, inhaled, or absorbed through the skin. Avoid breathing dust or spray mist and any unnecessary contact with treated surfaces. If you desire specific information on precautions, refer to the pesticide label. The law requires that the application procedures specified on the label be followed. In order to minimize the reliance on pesticides and reduce pest populations, you may wish to consider Integrated Pest Management (IPM). IPM methods to control pests (including weeds) take advantage of all pest management options, including but not limited to the judicious use of pesticides and non-chemical methods. An IPM program is one designed to create a healthy law and/or landscape with sufficient plant strength and density to survive weed, insect, and disease attacks with minimum pesticide use. An IPM program must consider your lawn or landscape's specific needs and overall condition. An IPM program requires the support of proper cultural practices. IPM uses the best mix of techniques, which can include cultural methods, the use of beneficial insects, biological and discreet use of control products. Your lawn and landscape operator may offer these services upon request. A proper inspection should provide the necessary information to choose the method of pest control which best suits your situation. If you have questions about the applications, contact the certified applicator. If you suspect a violation of the law regarding structural pest control, contact the Structural Pest Control Board. The structural pest control industry is regulated by the Structural Pest Control Board located at 1106 Clayton Lane #100LW, Austin, Texas 78723. The Board licenses the businesses, certified applicator and technicians who perform structural pest control work, including lawn and landscape. If a commercial service is used, all work is supervised by a licensed certified commercial applicator. Otherwise a certified noncommercial applicator must perform the service. Certified applicators and technicians must pass a written examination in order to receive their licenses. If you are contracting for pest control services due to a home solicitation, you have the right to cancel the contract within 72 hours. You may exercise this right by notifying the pest control company, prior to receiving service, that you do not wish to receive their service. For general information on the chemical or health properties of pesticides, you may contact the National Pesticide Telecommunications Network at 1-800-858-7378. This hotline is a national service supported by funding from the U.S. Environmental Protection Agency. For information concerning structural pest control laws, contact the Structural Pest Control Board at (512) 451-7200. For information concerning the formulation and registration of pesticides, contact the Texas Department of Agriculture at (512) 463-7476. For non-emergency health information relating to pesticides, contact the Texas Department of Health at (512) 458-7111. In case of a health emergency, seek immediate medical attention. (f) Any customer may waive receipt of the Consumer Information Sheet for multiple treatments by signing or initialing below the following written statement: "I have received one copy of the Consumer Information Sheet for all treatments to be provided as a part of this pest control service agreement. I may receive additional copies at any time upon request to the service provider, and will receive any updates to the Consumer Information Sheet which may occur". A pest control operator must keep a copy of this statement in the pest control use records for each customer covered by the agreement. 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. Issued in Austin, Texas, on June 16, 1997. TRD-9707928 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: July 8, 1997 Proposal publication date: April 11, 1997 For further information, please call: (512) 451-7200 CHAPTER 599.Treatment Standards 22 TAC sec.599.4 The Structural Pest Control Board adopts an amendment to sec.599.4, concerning termite treatment disclosure documents, without changes to the proposed text as published in the April 11, 1997 issue of the Texas Register 22 TexReg 3370. Justification for the rule is the amendment will increase compliance with the regulations by contractors and create a better understanding of its intent by those individuals. The rule will function in that the amendment adds language clarifying what is meant by signature of the document and deletes language concerning treatment below cost. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 135b-6 which provide the Structural Pest Control Board with the authority to license and regulate persons who perform structural pest control services. 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. Issued in Austin, Texas, on June 16, 1997. TRD-9707930 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: July 8, 1997 Proposal publication date: April 11, 1997 For further information, please call: (512) 451-7200