PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 5.Quarantines
General Provisions
4 TAC sec.sec.5.1-5.6
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.1-5.6, concerning general quarantine provisions. The repeals are 
proposed in order to allow for the proposal of new sections to clarify existing 
language in the current regulations, eliminate duplication of quarantine 
provisions, and provide additional information to the public regarding 
procedures to follow in complying with the regulations. The department is 
proposing new sec.sec.19.1-19.8 to replace these sections. 
David Kostroun, coordinator for plant quality programs, has determined that for 
the first five-year period the repeals are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repeals. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality 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 publication of the proposal in the Texas Register. 
The repeals are proposed under the Texas Agriculture Code (the Code), 
sec.sec.71.001, 71.002, and 71.003, which provides the Texas Department of 
Agriculture with the authority to establish quarantines against diseases and 
pests; the Code, sec.71.007, which authorizes the department to adopt rules 
necessary for the protection of agricultural and horticultural interests; the 
Code, sec.71.005, which authorizes the collection of inspection fees for 
movement of plants into or out of a quarantined area; the Code, sec.71.114, 
which authorizes the collection of inspection fees for phytosanitary 
certification of vegetable plants; and the Code, sec.12.021, which authorizes 
the department to collect a fee for the issuance of a phytosanitary certificate. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.1.Definitions.
sec.5.2.Quarantine Inspection Requirements.
sec.5.3.Quarantine Inspection Certificates.
sec.5.4.Quarantine Inspection Fees. 
sec.5.5.Fees for Issuance of Phytosanitary Certificate, Phytosanitary Growing 
Season Inspection Certificate. 
sec.5.6.Expiration Provision.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609222
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Pecan Weevil, Pecan Nut Casebearer, and Hickory Shuckworm Quarantine
4 TAC sec.5.21-5.26
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.21-5.26, concerning the pecan weevil, pecan nut casebearer, and 
hickory shuckworm quarantine. The repeals are proposed in order to allow for the 
proposal of new sections to clarify existing language in the current 
regulations, eliminate duplication of quarantine provisions, and provide 
additional information to the public regarding procedures to follow in complying 
with the regulations. The department is proposing new sec.sec.19.120-19.123 to 
replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeals. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.21.Quarantine Pest. 
sec.5.22.Free Areas. 
sec.5.23. Quarantine Areas. 
sec.5.24. Quarantined Products.
sec.5.25.Conditions Governing Movement of Quarantined Products. 
sec.5.26.Penalties. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609223
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

European Corn Borer Quarantine 
4 TAC sec.sec.5.41-5.46
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.41-5.46, concerning the European corn borer quarantine. The repeals 
are proposed in order to allow for the proposal of new sections to clarify 
existing language in the current regulations, eliminate duplication of 
quarantine provisions, and provide additional information to the public 
regarding procedures to follow in complying with the regulations. The department 
is proposing new sec.sec.19.110-19.113 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeals. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.41. Pest.
sec.5.42. Areas under Quarantine. 
sec.5.43. Infested Area. 
sec.5.44. Commodities Covered. 
sec.5.45. Restrictions. 
sec.5.46. Penalties. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609224
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Pine Shoot Beetle Quarantine 
4 TAC sec.5.51
(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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.5.51, concerning the pine shoot beetle quarantine. The repeal is proposed in 
order to allow for the proposal of new sections to clarify existing language in 
the current regulations, eliminate duplication of quarantine provisions, and 
provide additional information to the public regarding procedures to follow in 
complying with the regulations. The department is proposing new sec.sec.19.90-
19.91 to replace the section. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeal is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of the repeal 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeal as proposed. Comments on the proposal 
may be submitted to David Kostroun, Coordinator for Plant Quality, 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. 
The repeal is proposed under the Texas Agriculture Code (the Code), 
sec.sec.71.001, which provides the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. The Texas Agriculture 
Code, Chapter 71, Subchapter A is affected by this proposal. 

sec.5.51.Adoption of Federal Quarantine. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609225
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Sweet Potato Weevil Quarantine 
4 TAC sec.sec.5.61-5.63, 5.65-5.70, 5.72-5.75
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.61-5.63, 5.65-5.70, and 5.72-5.75, concerning the sweet potato weevil 
quarantine. The repeals are proposed in order to allow for the proposal of new 
sections to clarify existing language in the current regulations, eliminate 
duplication of quarantine provisions, and provide additional information to the 
public regarding procedures to follow in complying with the regulations. The 
department is proposing new sec.sec.19.130-19.133 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeals. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.61.Pest.
sec.5.62.Texas Weevil-Free Area. 
sec.5.63.Regulated Areas. 
sec.5.65.Restricted Materials.
sec.5.66.Conditions Governing Movement of Restricted Material. 
sec.5.67.Conditions Governing the Issuance of Certificate
Tags for the Movement of Restricted Material from the Regulated Areas.
sec.5.68.Bedding, Production, and Distribution of Sweet Potatos and Sweet Potato 
Slips in Weevil Free Areas.
sec.5.69.Penalties. 
sec.5.70.Quarantined Pest. 
sec.5.72. Quarantined Articles.
sec.5.73.Conditions Governing Movement of Quarantined Articles. 
sec.5.74.Sweet Potato Cultivation in the Quarantined Area. 
sec.5.75.Penalties. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609226
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Lethal Yellowing Quarantine 
4 TAC sec.sec.5.81-5.87
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.81-5.87, concerning the lethal yellowing quarantine. The repeals are 
proposed in order to allow for the proposal of new sections to clarify existing 
language in the current regulations, eliminate duplication of quarantine 
provisions, and provide additional information to the public regarding 
procedures to follow in complying with the regulations. The department is 
proposing new sec.sec.19.60-19.63 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeals. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.81.Pest.
sec.5.82. Regulated Area. 
sec.5.83.Regulated Articles. 
sec.5.84.Host Plants. 
sec.5.85.Plants Closely Related to Host Plants. 
sec.5.86.Conditions Governing Shipments.
sec.5.87.Penalties
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609227
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Caribbean Fruit Fly Quarantine
4 TAC sec.sec.5.121-5.125
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.121-5.125, concerning the caribbean fruit fly quarantine. The repeals 
are proposed in order to allow for the proposal of new sections to clarify 
existing language in the current regulations, eliminate duplication of 
quarantine provisions, and provide additional information to the public 
regarding procedures to follow in complying with the regulations. The department 
is proposing new sec.sec.19.40-19.43 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeals. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.121.Quarantined Pest.
sec.5.122.Quarantined Area. 
sec.5.123.Quarantined Articles. 
sec.5.124.Conditions Governing Shipments into Texas.
sec.5.125.Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609228
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Burrowing Nematode Quarantine 
4 TAC sec.sec.5.131-5.135
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.131-5.135, concerning the burrowing nematode quarantine. The repeals 
are proposed in order to allow for the proposal of new sections to clarify 
existing language in the current regulations, eliminate duplication of 
quarantine provisions, and provide additional information to the public 
regarding procedures to follow in complying with the regulations. The department 
is proposing new sec.sec.19.20-19.23 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.131.Quarantined Pest. 
sec.5.132.Quarantined Area. 
sec.5.133.Quarantined Articles. 
sec.5.134.Qualifications. 
sec.5.135.Penalties. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609229
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Camellie Flower Blight Regulation
4 TAC sec.sec.5.141-5.144
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.141-5.144, concerning the camellia flower blight regulation. The 
repeals are proposed in order to allow for the proposal of new sections to 
clarify existing language in the current regulations, eliminate duplication of 
quarantine provisions, and provide additional information to the public 
regarding procedures to follow in complying with the regulations. The department 
is proposing new sec.sec.19.30-19.33 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.141.Quarantined Areas. 
sec.5.142.Restricted Area. 
sec.5.143.Conditions Governing Movement of Prohibited Products. 
sec.5.144.Penalties. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609230
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Citrus Seed, Citrus Budwood, and Citrus Nursery Stock Quarantine 
4 TAC sec.sec.5.151-5.156
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.151-5.156, concerning citrus seed, citrus budwood, and citrus nursery 
stock quarantine. The repeals are proposed in order to allow for the proposal of 
new rules which will protect the citrus industry by preventing the artificial 
spread of dangerous insect pests and plant diseases. The department is proposing 
new sec.sec.21.1-21.8 to replace these sections. 
Leslie McKinnon, coordinator for pest management programs, has determined that 
for the first five-year period the repeals are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repeals. 
Ms. McKinnon also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be to allow for the proposal of new sections which will result in the 
increased protection of the citrus industry from the threat of insect pests and 
diseases and the clarification of regulations governing the movement of 
restricted articles. The effect on small or large businesses will be the 
elimination of an exception which allowed the purchase of citrus stock from out-
of-state sources. Wholesale citrus nurseries in Texas will benefit from this 
action through increased sales. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to Leslie McKinnon, Coordinator for 
Pest Management 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 publication of the proposal in the Texas Register. 
The repeals are proposed under the Texas Agriculture Code (the Code), 
sec.12.016, which provides the Texas Department of Agriculture with the 
authority to adopt rules as necessary for the administration of the Code; 
sec.71.007, which provides the department with the authority to adopt rules for 
the protection of agricultural and horticultural interests; the Code, Chapter 
71, Subchapter A, which authorizes inspections, quarantines, and control and 
eradication zones for dangerous insect pests; and, the Code, Chapter 73, which 
provides the department with the authority to regulate citrus pests and 
quarantines. 
The Texas Agriculture Code, Chapters 71 and 73 are affected by this proposal.
sec.5.151.Plant Diseases.
sec.5.152.Restricted Shipments. 
sec.5.153.Restrictions on Citrus Seed Shipments. 
sec.5.154.Shipment of Florida Miniature Citrus House Plants.
sec.5.155.Transportation Permits Required.
sec.5.156.Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609231
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Date Palm Lethal Decline 
4 TAC sec.sec.5.191-5.197
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.191-5.197, concerning date palm lethal decline. The repeals are 
proposed in order to allow for the proposal of new sections to clarify existing 
language in the current regulations, eliminate duplication of quarantine 
provisions, and provide additional information to the public regarding 
procedures to follow in complying with the regulations. The department is 
proposing new sec.sec.19.50-19.53 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec.71.002, which provide the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal. 
sec.5.191.Name of Disease.
sec.5.192.Regulated Area.
sec.5.193.Known Hosts.
sec.5.194.Regulated Articles.
sec.5.195.Intrastate Regulations.
sec.5.196.Requirements of Issuance of Permits.
sec.5.197.Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609232
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

European Brown Garden Snail Quarantine 
4 TAC sec.sec.5.300-5.303
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.300-5.303, concerning European brown garden snail quarantine. The 
repeals are proposed in order to allow for the proposal of new sections to 
clarify existing language in the current regulations, eliminate duplication of 
quarantine provisions, and provide additional information to the public 
regarding procedures to follow in complying with the regulations. The department 
is proposing new sec.sec.19.70-19.73 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), 
sec.71.001, which provides the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. The Texas Agriculture 
Code, Chapter 71, Subchapter A is affected by this proposal. 
sec.5.300.Quarantined Pest.
sec.5.301.Quarantined Area.
sec.5.302.Quarantined Articles.
sec.5.303.Conditions Governing Shipments into Texas. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609233
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

Imported Fire Ant Quarantine 
4 TAC sec.sec.5.400-5.408 
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections 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 Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.5.400-5.408, concerning the imported fire ant quarantine. The repeals 
are proposed in order to allow for the proposal of new sections to clarify 
existing language in the current regulations, eliminate duplication of 
quarantine provisions, and provide additional information to the public 
regarding procedures to follow in complying with the regulations. The department 
is proposing new sec.sec.19.100-19.103 to replace these sections. 
David Kostroun, coordinator for plant quality, has determined that for the first 
five-year period the repeals are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
Mr. Kostroun also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of the repeals 
will be a reduction in producer confusion concerning regulatory requirements and 
a facilitation of effective administration of quarantine programs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, 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. 
The repeals are proposed under the Texas Agriculture Code (the Code), sec.71.001 
and sec. 71.002, which provides the Texas Department of Agriculture with the 
authority to establish quarantines against diseases and pests; and the Code, 
sec.71.007, which authorizes the department to adopt rules necessary for the 
protection of agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, Subchapter A is affected by this 
proposal.
sec.5.400.Quarantined Areas.
sec.5.401.Quarantined Articles.
sec.5.402.Exemptions.
sec.5.403.Conditions Governing Movements of Quarantined Articles.
sec.5.404.Conditions Governing the Movement of Quarantined Articles within 
Quarantined Areas.
sec.5.405.Disposition of Permits.
sec.5.406.Movement for Scientific Purposes.
sec.5.407.Inspection and Disposal.
sec.5.408.Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 27, 1996.
TRD-9609234
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 1996
For further information, please call: (512) 463-7583

CHAPTER 7.Pesticides
4 TAC sec.sec.7.1, 7.3, 7.8, 7.10-7.16, 7.17-7.20. 7.22-7.26, 7.27-7.30, 7.31
The Texas Department of Agriculture (the department) proposes amendments to 
sec.sec.7.1, 7.3, 7.8, 7.17-7.20, 7.22-7.26 and 7.31, and new sec.sec.7.10-7.16 
and 7.27-7.30, concerning pesticide regulations. The amendments, and new 
sections are proposed to make the department's pesticide regulations consistent 
with changes made by the 74th Texas Legislature during the Sunset process of the 
department. Other changes are made to update citations, including citations of 
newly renumbered sections, update terminology and clarify existing regulations. 
In addition, some sections are being repealed and renumbered, or replaced with 
new sections. The repeal of sec.sec.7.10-7.16 and 7.27- 7.35 is being filed as a 
separate submission. Substantive changes, including changes made to sections 
which are being repealed and renumbered are as follows. 
The proposed amendment to sec.7.1 adds definitions deleted from sec.7.25 and 
updates the definition of Extension Service. The proposed amendment to 
sec.7.3(a)(3) increases the registration fee for pesticides distributed in the 
state. The proposed fee change is made pursuant to a legislative mandate 
requiring state agencies to set fees at levels adequate to recover costs 
incurred in administering regulatory programs. The proposed amendments to 
sec.7.8(b) delete the fee for one additional herbicide outlet to reflect the 
current herbicide law which no longer allows for two outlets at a single outlet 
fee and clarifies how a dealer must record distribution of a restricted use or 
state-limited-use pesticide to a nonlicensed person. Language already on forms 
that are required by the department is deleted. 
Section 7.11 is being repealed and renumbered as new sec.7.10. In new sec.7.10, 
licensing subcategories are deleted and combined into individual categories. 
Section 7.12 is being repealed and renumbered as new sec.7.11. New sec.7.11 is 
changed to provide that, if an applicator's license becomes deficient and an 
applicator seeks to relicense, then the applicator must retest in all categories 
in which he seeks to be licensed. Section 7.13 is being repealed and renumbered 
as new sec.7.12. Language already on the forms that are prescribed by the 
department has been deleted. Section 7.14 is being repealed and renumbered as 
new sec.7.13. Changes in new sec.7.13 delete the requirement for social security 
numbers as required by federal statute and allow the use of Texas Driver's 
License numbers, allow for the optional use of a federal social security number 
if the applicant desires to use it, clarify that the proof of financial 
responsibility certificate would be one that would be only approved by the 
department, and allow a licensed commercial applicator to provide written notice 
on a form provided by the department that they are not maintaining proof of 
financial responsibility and that they will not operate as a commercial 
applicator applying or supervising restricted-use or state-limited use 
pesticides during the uncovered period, with a limited exception. This written 
notice must be received by the department prior to the cancellation of proof of 
financial responsibility required by this section. This subsection further 
provides for reinstatement of this license. Section 7.15 is being repealed and 
renumbered as new sec.7.14. Section 7.16 is being repealed and renumbered as new 
sec.7.15. This section requires applicators to use a form prescribed by the 
department and deletes the information that the applicator would be sending in 
as it is already described on the form. 
Section 7.10 is being repealed and renumbered as sec.7.16. Changes in new 
sec.7.16 include information on the self- certification program and also allows 
private applicators to take a comprehensive exam instead of obtaining CEUs to 
obtain their recertification requirements. It also allows applicators who fail 
the exam to retake it as often as necessary for $50 per exam. New 7.16 also 
deals with how the department will accredit activities, how sponsors will 
conduct accredited activities and how applicators recertify. Two new areas of 
acceptable accreditation, best management practices and drift minimization, are 
added. In addition, changes are made to clarify that sponsors must have prior 
approval from the department for all activities for which they wish to provide 
continuing education, eliminate burdensome and unnecessary paperwork by 
participants and sponsors as well as for the department, and to allow the 
faculty of the Texas Agricultural Extension Service (Extension) and the 
department to give up to three CEU credits without prior approval. Dates 
relating to the requirements for submitting course information for approval are 
also changed. A sponsor will be required to have an application to the 
department 30 days prior to the course instead of 90 days, and the response from 
the department has been lessened from 30 days to ten days from receipt by the 
department if the application is complete. Other changes eliminate information 
that is already required on forms prescribed by the department. New language is 
added to this section to notify commercial and noncommercial applicators and 
private licensed and certified applicators that effective January 1, 1996, the 
department began a self-certification program for CEUs. Commercial and 
noncommercial applicators will be required to obtain a minimum of one hour each 
from two of the following categories: IPM, laws and regulations and drift 
minimization. Private applicator certificate holders will be allowed to meet CEU 
requirements after December 31, 1995, if they apply for a license. Private 
applicators will also have an option to take and pass an examination in lieu of 
recertifying through continuing education. Other changes clarify the amount and 
type of credit earned and other information required to be given by the activity 
sponsor to the applicator for self-certification purposes, identify information 
required under the self- certification program, clarify penalties, and clarify 
that the recertification period for CEUs for commercial and noncommercial 
applicators is no longer three years but one year. 
The proposed amendments to sec.7.17 change the license expiration date and 
clarify language regarding failure to file a timely and complete application. 
Proposed amendments to sec.7.19 clarify that a business or individual who may 
not be licensed as a commercial applicator may register equipment owned by the 
company or individual as equipment to be used in commercial applications. 
Proposed amendments to sec.7.24 delete 2,4,5- Trichlorophenoxyacetic acid 
(2,4,5-T), 2-(2,4,5- trichlorophenoxy) propionic acid (silvex), and orthoarsenic 
acid (arsenic acid) from the list of state-limited-use pesticides because those 
pesticides have been banned by the Environmental Protection Agency and are no 
longer distributed for use. 
Proposed amendments to sec.7.25(a) delete language that is no longer applicable 
due to the more stringent federal worker protection standard (WPS) rule that 
does not allow casual reentry into a treated area for workers. The federal rule 
does have exceptions, but these exceptions require additional training of 
workers and for specific tasks only as approved by EPA. New language is added to 
this section that makes it very clear that agricultural establishments must 
follow all label directions for reentry, personal protective equipment, employee 
notification of applications where appropriate, and other WPS requirements. This 
subsection also addresses the repeal of sec.7.27 (Worker Reentry Into Fields), 
sec.7.28 (Reentry Instructions) and sec.7.30 (Reentry Intervals). These 
practices are no longer an option under the federal WPS rule. Sections 7.25, 
7.27, 7.28 and 7.30 deal with labor intensive work and reentry into a treated 
area. The WPS rule does not allow reentry during the restricted-entry interval 
for labor intensive tasks. Therefore, these sections (7.27, 7.28, 7.30) are 
being repealed and addressed in sec.7.25 (a), which requires full observance of 
WPS by agricultural employers as required under the WPS rule. Old subsection (b) 
is deleted and replaced with WPS card verification requirements from sec.7.35. 
Subsection (c) is deleted as it addresses sec.7.27 and sec.7.30. This subsection 
is replaced with language dealing with the flag/sign to be used in providing 
prior notification under sec.7.26 and posting under the WPS rule. All 
definitions are deleted from sec.7.25, and those that are still applicable have 
been moved to sec.7.1. 
The proposed amendments to sec.7.26, subsections (c)(3) and subsection (f) are 
deleted due to the change in the standardization of prior notification 
requirements that makes it easier and more consistent for all people who want 
prior notification to request notification. The reference to adjoining neighbor 
in subsection (g)(1) is deleted as any person wishing prior notification, 
regardless of adjoining land, may receive prior notification if they are within 
1/4 mile of an application site. Subsection (g)(2) is changed to continue the 
same system of notification for persons requesting prior notification due to a 
medical condition. Subsection (d) has been changed to add that the person 
requesting prior notification must notify the farmer that they are requesting 
prior notification due to medical condition in order to receive notification 
pursuant to subsection (g)(2). Subsection (i) is changed to provide that notice 
must be given on the day before a scheduled pesticide application but emergency 
provisions still remain in place. Section 7.29 is being repealed and renumbered 
as new sec.7.27. Section 7.32 is being repealed and renumbered as new sec.7.28. 
Section 7.33 is being repealed and renumbered as new sec.7.29. The terms "sold 
or transferred" are changed to "distribute" throughout new sec.7.28 and sec.7.29 
to use common terminology. Section 7.29(d) is changed to delete unnecessary 
language and clarify that all applicators must undertake training to use M-44 
devices. Section 7.34 is being repealed and renumbered as new sec.7.30. 
Subsection (d) provides that a person who has been trained under WPS as a 
handler will satisfy the training requirements for nonlicensed persons working 
under the supervision of a licensed applicator. The proposed amendments to 
sec.7.36 change the expiration date for Chapter 7 from August 31, 1996 to August 
31, 2000. This will set a date in the future by which the department shall 
review and amend, repeal or reaffirm sections in Chapter 7. 
Glenna Hastings, chief financial officer for the department, has determined that 
for the first five-year period the sections are in effect there will be fiscal 
implications for state government as a result of enforcing or administering the 
sections. There will be an increase in state revenue due to the increase in the 
pesticide registration fee found at sec.7.3(a)(3). The effect on state 
government will be an estimated increase in revenue of $1,012,575 for fiscal 
year(FY)1997, $895,950 in FY 1998, $763,500 in FY 1999, $895,950 in FY 2000, and 
$763,500 in FY 2001. All other fees will remain at their current levels. There 
will be no effect on local government. 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 be an effect on small and 
large businesses and individuals who register products with the department. The 
impact to these will be an increase in the product registration fee of $150 for 
a two-year registration. The total impact on these registrants will depend on 
the number of products registered. There is no other 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 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.
The amendments and new sections are proposed under the Act, sec.76.004, which 
provides the Texas Department of Agriculture with the 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 Act, sec.76.044, which 
provides the department with the authority to set and charge a fee for each 
pesticide registered with it; the Act, sec.76.073, which provides the department 
with the authority to fix and charge a fee for a dealer license; the Act, 
sec.sec.76.106, 76.108, and 76.112, which provide the department with the 
authority to fix and collect a fee for applicator testing and licensing of 
commercial and private applicators. 
The Act, Chapter's 12 and 76, are affected by this proposal.

sec.7.1.Definitions.
In addition to the definitions set out in the Act, sec.76.001, the following 
words and terms, when used in this chapter, shall have the following meanings, 
unless the context clearly indicates otherwise: 
Act-Texas Pesticide Control Act, codified at Texas Agriculture Code, Chapter 76 
[(1981)]. 
<nl>Farm labor camp<ol><nl>-Housing used by one or more seasonal, temporary, 
permanent, or migrant workers and accompanying dependents which are owned, 
operated, or managed by the farm operator or licensed by the State of Texas.<ol>
<nl>Farm operator <ol><nl> -The person responsible for the overall control and 
management of the crop. Responsibility for the overall control and management of 
the crop may be transferred by contract to a second party. However, if the 
effective date of the transfer of responsibility is unclear, both the farm 
operator and the second party may be held liable for any violation of these 
regulations. <ol>
<nl>Person <ol><nl> - Includes any individual, partnership, association, 
corporation, and any organized group of persons, whether incorporated or not. 
<ol>
<nl>Extension<ol>[Service]- Texas <nl>Agricultural<ol>[Agriculture] Extension 
Service. 

sec.7.3.Registration of Pesticides.
(a) In addition to the requirements contained in the Act, Subchapter C 
(concerning registration), the application for registration of a pesticide shall 
include: 
(1)- (2) (No change.) 
(3) a fee of <nl>$350<ol>[$200] per product registered for a two year period. 
This fee may be prorated in accordance with subsection (h) of this section. 
(b)-(i) (No change.) 

sec.7.8.Authorized Pesticide Users and Pesticide Dealers.
(a) (No change.) 
(b) Pesticide dealers. It shall be a violation for a pesticide dealer required 
to be licensed by the Act, Subchapter D (concerning licensing of dealers), to 
continue to distribute restricted-use or state-limited-use pesticides after 
December 31 of each year without first having renewed the pesticide dealer 
license in accordance with the Act. 
(1) (No change.) 
(2) All applicants must submit a license fee of $100 for each license requested. 
This fee will not be prorated. Dealers currently licensed under the Texas 
Herbicide Law, codified at the Texas Agriculture Code, Chapter 75 [(1981)], will 
not be required to pay an additional fee as long as the herbicide license covers 
only one outlet. [If the herbicide dealer's license is for more than one outlet, 
a license will be issued to one such outlet at no charge]. Each additional 
outlet licensed must pay the pesticide dealer's license fee. 
(3) A pesticide dealer's license shall not be transferable. In case of a change 
in ownership [of a licensee's business], outlet, or facilities, a new 
application and fee are required. 
(4) The records required to be kept by licensed pesticide dealers by the Act, 
sec.76.075, shall be kept [on a single form and kept] separate from the 
licensee's other sales records and shall contain: 
(A)-(D) (No change.) 
(E) if the distribution is made to a nonlicensed person acting under the 
authorization of a licensed or certified applicator <nl> the dealer must also 
record<ol>
[(i)] the name <nl> and address<ol> of the nonlicensed person to whom the 
restricted-use or state-limited-use pesticide is made available[, the address of 
the residence or principal place of business of that person as stated on a valid 
driver's license or other current state, county, or tribal identification 
document issued to the nonlicensed person; and
[(ii) verification that the restricted use or state-limited-use pesticide is 
made available to a nonlicensed person. This verification shall be accomplished 
by a statement signed by the licensed or certified applicator that the 
nonlicensed person is the duly authorized representative of the licensed or 
certified applicator and that the restricted-use or state-limited-use pesticide 
made available to the nonlicensed person will only be used by a certified or 
licensed applicator, or under the direct supervision of the licensed applicator. 
This statement may be made on a form prescribed by the department]. 
(5) Records of distribution shall be kept current and maintained at the place of 
business where distribution occurs as designated on the pesticide dealer's 
license. The record for each distribution shall contain all of the information 
as specified in paragraph (4) of this section. The licensee shall make these 
records available for inspection by the department upon request. The department 
may examine these records at any time during normal business hours or by written 
request require the licensee to submit a copy of these records<nl> in the time 
period as specified by the request<ol>. 
(6) [Except as provided by sec.7.32 and sec.7.33 of this title (relating to 
Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar State-Limited-
Use Requirements and M-44 Sodium Cyanide-State-Limited-Use Requirements), 
]<nl>Restricted<ol>[restricted] use or state-limited-use pesticides may only be 
distributed to licensed applicators, certified private applicators, persons 
acting under the direct supervision of a licensed applicator, persons authorized 
by a certified private applicator, or a licensed dealer. Persons authorized to 
purchase pesticides by a certified private applicator may not take delivery of 
pesticides in any type of distributing or transporting equipment ready for 
application. 

sec.7.10. Applicator Certification.
(a) The department will certify commercial and noncommercial applicators in the 
following license use categories and subcategories: 
(1) agricultural pest control: 
(A) field crop pest control; 
(B) fruit, nut and vegetable pest control; 
(C) weed and brush control in pasture and rangeland; 
(D) predatory animal control; 
(E) farm storage pest control and fumigation; 
(F) animal pest control; 
(G) citrus pest control; and 
(H) livestock protection collar application; 
(2) forest pest control; 
(3) ornamental plant and turf pest control: 
(A) plant pest and weed control; and 
(B) greenhouse pest control; 
(4) seed treatments; 
(5) right-of-way pest control; 
(6) aquatic pest control: 
(A) aquatic plant and animal pest control; and 
(B) anti-fouling paint; 
(7) demonstration and research; 
(8) regulatory pest control; 
(9) aerial application; and 
(10) chemigation. 
(b) Producers of agricultural commodities that complete the Extension training 
program for private applicators and obtain a passing score on the private 
applicator test may be certified in the following categories and subcategories 
listed in paragraphs (1)(A)-(G), (2), (3),(4), (6)(A), and (10) of subsection 
(a) of this section. A private applicator may be certified as an aerial 
applicator by obtaining a passing score on the aerial applicator category test. 
Private applicators will not be charged a test fee. 
(c) The department will certify commercial, noncommercial and private livestock 
protection collar (LPC) applicators upon training and testing on the use of the 
sodium fluoroacetate (Compound 1080) livestock protection collar in accordance 
with sec.7.28 of this title (relating to Sodium Fluoroacetate (Compound 1080) 
Livestock Protection Collar State-Limited-Use Requirements). 
(d) The Texas Department of Health will certify noncommercial applicators 
involved in public health pest control which shall encompass the following 
subcategories: 
(1) vector control; 
(2) rodent control; and 
(3) sanitation. 
(e) Applicators involved in regulatory pest control or demonstration and 
research pest control will be licensed by the regulatory agency responsible for 
the category or subcategory of pest control for which the license is requested. 
Regulatory pest control or demonstration and research pest control licenses may 
be issued for any category or subcategory listed in this section.
(f) The department will only certify a commercial applicator in the ornamental 
plant and turf pest control and weed control subcategories if the applicant is a 
nurseryman as defined in sec.7.1 of this title (relating to Definitions), or if 
the applicator restricts application only to ornamental and turf plants at the 
production site. 
(g) After completing training prescribed by sec.7.29 of this title (relating to 
M-44 Sodium Cyanide State-Limited-Use Requirements), the department will certify 
commercial applicators licensed in the predatory animal control subcategory and 
noncommercial applicators licensed in the predatory animal control subcategory, 
research and demonstration category, or the regulatory pest control category to 
use M-44 sodium cyanide. 
(h) The department may enter into a memorandum of agreement with another state 
or a federal agency for reciprocity in certifying pesticide applicators.

sec.7.11.Licensing Requirements for Commercial and Noncommercial Applicants.
(a) All testing conducted by the department under the authority of the Act, 
sec.76.106, shall be designed to cover the information necessary for an 
applicant to demonstrate competency to use and supervise the use of restricted-
use and state-limited- use pesticides in a safe and effective manner. Anyone who 
makes a passing score on the general pesticide applicator examination, the laws 
and regulations examination, and on one or more category tests will be eligible 
to be a certified applicator in those categories or subcategories for which a 
passing score was received and shall be licensed as soon as all other licensing 
requirements are met. An aerial or chemigation applicator must also be licensed 
in any category or subcategory in which an application is to be made. 
Applicators may license in the subcategory listed in sec.7.10(a)(6)(B) of this 
title (relating to Applicator Certification) by successfully completing a single 
test pertaining to the subcategory and related laws and regulations and 
fulfilling other licensing requirements; however, applicators who license in 
this manner may not add categories without successfully completing the general 
pesticide applicator examination and the laws and regulations examination. 
(b) A fee of $20 shall be required for testing each applicant in each license 
use category and subcategory, and must be paid before the test or tests are 
given. 
(c) Individual test scores are valid for only twelve months.

sec.7.12.Commercial Applicator License.
(a) An application for an original or renewal commercial applicator license 
shall be filed with the department pursuant to the Act, sec.76.108, and shall be 
on forms prescribed by the department. 
(b) Each application for an original or renewal commercial applicator's license 
must be accompanied by an annual license fee of $150.
(c) The licensee shall notify the department within 30 days of any change in the 
information provided as part of the application for a license under subsection 
(a) or (d) of this section. 
(d) Each application for an original or renewal commercial applicator's license 
must verify proof of current financial responsibility as required by sec.7.13 of 
this title (relating to Commercial Applicator Proof of Financial 
Responsibility). 
(e) A licensed commercial applicator who is eligible for recertification or 
annual license renewal and is in good standing may convert the license to a 
noncommercial license by making application to the department. The fee shall be 
waived for licensed commercial applicators that become employed by a 
governmental agency and are applying restricted-use and state- limited-use 
pesticides only in the line of public employment. 

sec.7.13. Commercial Applicator Proof of Financial Responsibility.
(a) Bonds and liability insurance. In addition to the requirements of the Act, 
sec. 76.111, the department will accept a bond or a liability insurance policy 
as proof of financial responsibility, provided that the bond or liability 
insurance policy meets the following conditions: 
(1) Amount and type of coverage. Each bond or liability insurance policy must, 
at a minimum, provide for limits of liability of $100,000 per occurrence for 
bodily injury and $100,000 per occurrence for property damage. A general 
aggregate policy at a minimum of $200,000 per occurrence may be accepted if a 
split limit policy is not available. These limits apply to both ground and 
aerial applicators. The insurance policy or bond may be written to cover one or 
more licensed applicators and those applicators working under their supervision. 
Each licensed applicator and anyone who applies pesticides under their 
supervision, must be covered by a form of financial responsibility that complies 
with this section and that provides financial responsibility for any occurrence 
of injury or damage resulting from the application of pesticides by such 
persons. Claims-made liability insurance policies will not be accepted by the 
department. If proof of financial responsibility is provided by insurance it 
must be a commercial policy with chemical drift coverage. 
(2) Deductible. A bond or liability insurance policy with a deductible of not 
more than $1,000 will be acceptable to the department so long as the applicant 
has not failed to pay a deductible amount on a prior claim, in which case no 
deductible provision will be acceptable to the department. 
(3) Extent of coverage. The bond or liability insurance policy must protect 
persons who may suffer damages or injuries as a result of the operations of the 
applicant whether the damage or injuries are caused by the applicant or persons 
working under their supervision. The coverage must include damages or injuries 
to real or personal property, including crops, plants, soils, bodies of water, 
or structures on land not being worked on by the applicator; or persons 
regardless of their location on or off the land being worked. Each insurance 
policy must contain a clear indication that such coverage is provided in the 
form of a pesticide and herbicide endorsement or similar chemical coverage 
endorsement or language acceptable to the department. If a bond or liability 
insurance policy specifically excludes a particular chemical from coverage, the 
applicator is not licensed to apply that chemical. 
(4) Cancellation or reduction in coverage. A bond or liability insurance policy 
must include the endorsement approved by the Texas Department of Insurance for 
third party notification of cancellation or coverage change or other similar 
language that the surety or the insurer will notify the department of a 
cancellation or material change in the bond or policy. 
(5) Suspension of license. A commercial applicator license will automatically be 
suspended and be invalid as a basis for operations if the full amount and extent 
of coverage required by this section is not maintained, except as provided in 
subsection (c) of this section. If the bond or policy falls below the prescribed 
minimum limits of liability for any reason, the licenses of all licensed 
applicators relying on that bond or policy for proof of financial responsibility 
are automatically suspended. A licensee may not operate as a commercial 
applicator during a period in which the minimum requirements for coverage are 
not maintained. 
(6) Reinstatement of license. The license of a commercial applicator may be 
reinstated after the full amount and extent of coverage required by this section 
is obtained by the applicator and the applicator submits proof of financial 
responsibility to the department as required by sec.7.12 of this title (relating 
to Commercial Applicator License).
(7) Proof of financial responsibility. In order to prove compliance with the 
requirements of this subsection, an applicant must submit to the department 
either certification of a bond on a form approved by the department, or 
certification of a liability insurance policy by providing the name and 
telephone number of the insurance agent, the policy number and the expiration 
date of the policy on the application for a pesticide applicator's license or a 
renewal for a commercial pesticide applicator's license. No original application 
or application for renewal of a commercial applicator license will be deemed 
complete until the applicant has provided to the department the appropriate 
proof of financial responsibility. 
(b) Certificates of deposit and letters of credit. The department will accept a 
certificate of deposit or a letter of credit from an applicant if the original 
instrument is submitted to the department and under the following conditions. 
(1) Inability to obtain bond or liability insurance coverage. In order to be 
eligible to submit a certificate of deposit or letter of credit as proof of 
financial responsibility, an applicant must demonstrate annually to the 
department that the applicant cannot reasonably obtain the bond or liability 
insurance policy specified in subsection (a) of this section. The department 
requires: 
(A) if a bond or liability insurance policy is unavailable:
(i) at least three signed and notarized statements from non-affiliated insurance 
companies (at least two of which are eligible surplus lines carriers) or their 
agents that the applicant is unable to secure a bond or liability insurance 
policy in the full amount and extent of coverage required by subsection (a) of 
this section; and 
(ii) a sworn statement from the applicator: 
(I) that the inability of the applicator to obtain such coverage is not the 
result of the applicator's inability to apply pesticides properly, the 
applicator's past failure to apply pesticides properly, or the applicator's 
failure to supervise the application of pesticides in a proper fashion; and 
(II) that he or she has not operated under authority of his or her applicator's 
license during a period of time when no bond or liability insurance policy was 
in effect to cover the operations; or 
(B) if a bond or liability insurance policy in the full amount and extent of 
coverage required by subsection (a) of this section is available to the 
applicant but is not reasonably affordable: 
(i) at least three signed and notarized statements from insurers or their agents 
of the quotes for the available policies; and 
(ii) a sworn statement from the applicator: 
(I) containing a history of the applicant's costs for the required coverage for 
the immediate past five years or, if the applicant has been licensed fewer than 
five years, for all years the applicant has been licensed; and 
(II) affirming that the applicator has not operated under the authority of his 
or her applicator's license during a period of time when no bond or liability 
insurance policy was in effect to cover the operations;
(C) if the Texas Department of Insurance has made a determination that the 
liability insurance policy required by the Act, sec.76.111, subsection (a)(2), 
is not generally and reasonably available to commercial pesticide applicators, a 
certificate of deposit or letter of credit that otherwise meets the requirements 
of this subsection will be accepted by the department as proof of financial 
responsibility for the applicator. 
(2) Certificate of deposit. The department will accept a certificate of deposit 
in the amount of $200,000 issued by a state or federal financial institution 
whose deposits are insured by the Federal Deposit Insurance Corporation or by 
the Federal Savings and Loan Insurance Corporation. The certificate of deposit 
must be made payable to the Texas Department of Agriculture, and the original of 
the certificate must be filed with the department. The certificate of deposit 
may not be used as collateral or pledged for any purpose. 
(3) Letter of credit. The department will accept a letter of credit in the 
amount of $200,000 issued by a state or federal financial institution whose 
deposits are insured by the Federal Deposit Insurance Corporation or by the 
Federal Savings and Loan Insurance Corporation. The letter of credit must be an 
irrevocable standby letter of credit made in favor of the Texas commissioner of 
agriculture for the account of the applicant. Draws must be able to be made by 
the commissioner or by his designated agent by a sight draft referencing the 
number of the letter of credit. The letter of credit must be irrevocable for at 
least one year. The department will provide any applicant with a form for the 
letter of credit which is acceptable to the department. All other letters of 
credit are subject to specific approval by the department. 
(4) Payment of claims. If a claimant contacts the department for payment of a 
claim against a licensed applicator who has provided a certificate of deposit or 
letter of credit as proof of financial responsibility, the department will not 
disburse funds or release a certificate or letter except by consent of the 
applicator or pursuant to court order. Prior to payment of such a claim or the 
release of a certificate of deposit, the licensed applicator must furnish the 
department with a list of all outstanding claims for which the certificate of 
deposit or letter of credit might have to respond. 
(5) Suspension of license. Each commercial applicator license will automatically 
be suspended and be invalid as a basis for operations if the full amount of the 
certificate of deposit or letter of credit required by this section is not 
maintained, except as provided in subsection (c) of this section. A licensee may 
not operate as a commercial applicator during a period in which the full amount 
of the certificate of deposit or letter of credit is not maintained. 
(6) Reinstatement of license. The license of a commercial applicator may be 
reinstated after the full amount of the certificate of deposit or letter of 
credit is obtained by the applicator, the applicator submits the original 
certificate of deposit or letter of credit to the department, and the department 
accepts the proof of financial responsibility submitted by the applicator. 
(7) Extent of coverage. The certificate of deposit or letter of credit must 
protect persons who may suffer damages or injury as a result of the operations 
of the applicant whether the damage or injury is caused by the applicant or 
person working under his or her supervision. The coverage must include damage or 
injury to real or personal property, including crops, plants, soils, bodies of 
water, or structures not being worked on by the applicator; or persons 
regardless of their location on or off the land being worked. The certificate of 
deposit or letter of credit need not cover damages or injury to agricultural 
crops, plants, or land being worked on by the applicant. 
(c) A licensed commercial applicator does not need to maintain proof of 
financial responsibility as required by this section if the applicator provides 
written notice on a form provided by the department that the applicator will not 
operate as a commercial applicator applying or supervising restricted-use or 
state-limited-use pesticides during an uncovered period. Such written notice 
must be received by the department prior to the cancellation of the proof of 
financial responsibility required by this section. Reinstatement of license will 
be accepted as provided for by subsection (a)(6) and (b)(6) of this section. 

sec.7.14.Noncommercial Applicator License.
(a) Except as specified on the application form, an application for an original 
or renewal noncommercial applicator license filed with the department pursuant 
to the Act, sec.76.109, shall contain the same information as required for a 
commercial applicator license application by sec.7.12 of this title (relating to 
Commercial Applicator License). 
(b) Nongovernmental applicants shall pay an annual license fee of $100 at the 
time of application. No fee will be charged for a license issued to employees of 
a governmental entity for applying pesticides as part of their official duties. 
Governmental employees who apply restricted-use or state-limited-use pesticides 
outside of their governmental employment must pay the $100 fee. 
(c) Noncommercial applicator licenses will be issued only to persons who have 
qualified as certified applicators in the license use categories or 
subcategories for which the license is requested. 
(d) It shall be the responsibility of the licensee to give written notice to the 
department within 30 days of any change of address or employment. 
(e) A fee exempt noncommercial license issued to an employee of a governmental 
entity shall be returned to the department within 30 days of termination of 
employment. A fee exempt noncommercial applicator who is eligible for 
recertification or annual license renewal and who is in good standing may 
convert to a fee paid commercial or noncommercial license in appropriate 
categories without retraining or retesting by submitting a complete application 
and license fee within the six months of termination of public employment. A fee 
exempt noncommercial applicator who is eligible for license renewal or 
recertification and who is in good standing and transfers to another 
governmental entity may relicense in the appropriate categories within six 
months of the transfer without retraining or retesting. 
(f) A fee paid noncommercial applicator who is eligible for recertification or 
annual license renewal and is not prohibited from receiving a license by the 
Act, sec.76.108(d), may convert the license to a commercial license by making 
application to the department, paying the required fee, and providing proof of 
financial responsibility.

sec.7.15.Private Applicators.
(a) An application for an original or renewal private applicator license shall 
be on a form prescribed by the department and accompanied by a license fee of 
$50. An application for renewal must be received by the department on or before 
the last day of February in the year in which license renewal is due. 
(b) A private applicator certification or license may be revoked by the 
department if the applicator is not engaged in the production of an agricultural 
commodity. 
(c) A licensed or certified private applicator must notify the department within 
30 days of any change of address. Failure to provide such information may be 
grounds for suspension or revocation of a certification or license. 
(d) An employee who qualifies as a private applicator under the Act, 
sec.76.112(c), is not considered to be providing equipment or pesticide when the 
employer is identified on the private applicator's certification license 
application or amendment thereof, and either: 
(1) the pesticide or equipment is purchased by the private applicator using a 
check, cash, or account of the employer; or 
(2) the private applicator is reimbursed by the employer for the equipment or 
pesticide. 

sec.7.16Applicator Recertification.
(a) All applicators must meet recertification requirements through continuing 
education activities. 
(b) Continuing education activities may include lectures, panel discussions, 
organized video or film with live instruction, field demonstrations, or other 
activities approved by the department.
(c) Each activity must be accredited by the department. No activity may claim to 
be approved, accredited, or accepted by the department or use any other such 
term that would lead an applicator to believe that it has been approved by the 
department for recertification unless it is so accredited. 
(d) The department shall assign no more than one continuing education credit 
unit for each hour of net actual instruction time for an accredited activity. 
(e) To be eligible for accreditation, the department will require: 
(1) that the activity have significant educational or practical content to 
maintain appropriate levels of competency;
(2) that the activity be conducted by a university, a governmental agency, an 
association with membership of 25 or more persons, or a private independent 
nonapplicator business; 
(3) that each activity has a recordkeeping procedure for verifying applicator 
attendance using department forms or approved formats;
(4) that each activity be at least one hour of net instruction time; 
(5) that activities cover one or more of the following topics pertaining to 
pesticides: 
(A) label and labeling comprehension; 
(B) safety factors; 
(C) environmental consequences; 
(D) pest features; 
(E) integrated pest management strategies/pest management practices; 
(F) pesticide factors; 
(G) equipment characteristics; 
(H) application techniques/drift minimization; 
(I) laws and regulations; or 
(J) business ethics; and 
(6) the activity is able to comply with any applicable federal and state laws, 
including the Americans With Disabilities Act (ADA) requirements for access to 
activities. 
(f) Prior accreditation shall not be required for applicator recertification 
courses of up to three continuing education credit units conducted by Extension 
faculty, department pesticide program staff and pesticide inspectors 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. 
(g) Department personnel may monitor all accredited 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 accreditation 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 accreditation 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: 
(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. 
(j) Each continuing education activity shall be accredited for one calendar year 
only. 
(k) In order for a recertification activity to be accredited by the department, 
the sponsor must: 
(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.
(l) Sponsors who wish to continue accreditation must file for renewal annually 
on a form prepared by the department. 
(m) Sponsors of accredited activities shall: 
(1) prepare a roster of applicators that attend the activity which contains the 
following information: 
(A) name; 
(B) address and phone number; and 
(C) current license or certificate number. 
(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 each continuing education unit accredited be at least one hour 
of net instruction time. 
(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 organizations, political, 
procedural, or other nonrelevant activities. 
(p) Applicators will recertify through a self-certification program. Each 
applicator will be required to maintain the number of credits necessary to renew 
a license or certificate. Certificates of completion received from accredited 
activities must be maintained for a period of 12 months after the most recent 
renewal of their license or certificate. 
(q) Each licensed commercial or noncommercial applicator must obtain five hours 
of CEUs annually. A minimum of one hour must be obtained from two of the 
following categories: integrated pest management, laws and regulations or drift 
minimization. 
(r) Each commercial or noncommercial applicator must obtain at least five 
credits during the 12 months preceeding December 31 in order to recertify and 
renew a license for the following year. An applicator who becomes unlicensed in 
any licensing year may not be relicensed for 12 months unless all 
recertification credits required for the last year of licensing are completed. 
Until the 12 month period has elapsed, applicators are prohibited from retesting 
under sec.7.11 of this title (relating to Classification of Commercial and 
Noncommercial Licenses). 
(s) Private applicators must recertify as follows. 
(1) Each licensed private applicator must obtain 15 continuing education credits 
within a five year period including at least two credits in laws and regulations 
and two credits in integrated pest management, except that any private 
applicator with a recertification date that began prior to January 1, 1996, must 
obtain two credits in laws and regulations and one credit in integrated pest 
management. 
(2) Each licensed private applicator must obtain 15 credits prior to February 28 
of the year their license expires. 
(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 private applicators in this subsection 
(4) Private applicators may have the option of foregoing 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 
continuing education units 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 must obtain the required continuing education units pursuant to this 
subsection. 
(C) A fee of $50 is required prior to each examination. 
(t) Failure to comply with the continuing education requirement for commercial, 
noncommercial and private applicators will: 
(1) result in nonrenewal of an applicator's license or certification until the 
necessary credits for continuing education are attained; 
(2) 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; 
(3) 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 
(4) 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 or if the 
applicator operates under a license that has not been renewed. 
(u) 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 when the activity is held by an 
out-of- state sponsor and the following applies:
(1) the activity contains course content of the highest standards;
(2) the activity is sponsored by an institution of higher education, a regional 
association, a national association, or the state or federal government; 
(3) the applicator provides 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
(4) this information is submitted within 60 days after completion of the 
activity; or 
(5) the activity is a course approved by a university, college, or other 
institution of higher education for credit towards a bachelors degree, and is an 
area directly related to the activities of commercial or noncommercial 
applicators, and the following applies: 
(A) the applicator provides 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 activity; and 
(B) this information is submitted within 60 days after completion of the 
activity. 
(v) An applicator may file a written request for an extension of time for 
compliance with any deadline in these rules. Such request for extension shall 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 extended illness, extended medical disability, or 
other extraordinary hardship which is beyond the control of the person seeking 
the extension. 
(w) 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 preceeding 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 
requirements. 
(x) Applicators licensed as both private and commercial or noncommercial 
applicators may satisfy requirements for private applicator recertification by 
meeting the recertification requirements for commercial and noncommercial 
applicators. 

sec.7.17.Expiration and Renewal of Licenses.
(a) Each commercial and noncommercial applicator license expires on the last day 
of February of the year following the year in which it was issued. <nl> Each 
private applicator license expires on the last day of February of the fifth year 
following the year in which it was issued.<ol> [A complete application for 
renewal of a commercial or noncommercial applicator license must be filed with 
the Texas Department of Agriculture by January 31 of the year following the year 
in which the licensed was issued.] An application for a commercial or 
noncommercial license will be deemed complete when the applicator has met the 
requirements of <nl>sec.7.12(a)<ol> [sec.7.13(a)] of this title (relating to 
Commercial Applicator License) and <nl>sec.7.14(a) of this title (relating to 
Noncommercial Applicator License)<ol> and has filed the appropriate license fee. 
Additionally, in the case of a commercial applicator, a complete application 
must include the proof of financial responsibility required by the Act, 
sec.76.111. 
(b) Failure to file a timely and complete application for renewal by the license 
expiration date subjects an applicator to a late fee under the Texas Agriculture 
Code, Chapter 12, and the Act. Applications of restricted-use or state-limited-
use pesticides by any commercial or noncommercial applicator after the 
expiration date of the license and when a complete application has not been 
filed with the <nl> department<ol> [Texas Department of Agriculture] can subject 
the applicator to additional penalties [and could also result in the 
department's refusal to issue a license for the rest of the licensing year under 
the Texas Agriculture Code, sec.76.108. Similarly, applications of such 
pesticides by a commercial applicator without having proper proof of financial 
responsibility shall subject the applicator to sanctions under the Act]. 
(c) If a complete application for renewal of a commercial [or] noncommercial 
<nl>or private<ol> applicator's license is not submitted within one year after 
the expiration of the license, the license will be deemed to be terminated 
voluntarily and a renewal application will not be accepted. Before being 
licensed again, the applicator must meet the requirements for a new license[, 
including testing and any required training and continuing education units in 
the appropriate category]. 
(d) (No change.)

sec.7.18.Records.
(a)-(b) (No change.) 
(c) Subsection (a) of this section shall not apply to application of Livestock 
Protection Collars or M-44 Sodium Cyanide. Recordkeeping requirements specified 
in <nl>sec.7.28<ol> [sec.7.32] of this title (relating to Sodium Fluoroacetate 
(Compound 1080) Livestock Protection Collar-State- Limited-Use Requirements) and 
<nl>sec.7.29 <ol> [sec.7.33] of this title (relating to M-44 Sodium Cyanide-
State-Limited-Use Requirements) and record requirements specified in the United 
States Environmental Protection Agency approved labeling, shall apply to these 
pesticides. 

sec.7.19.Registration and Inspection of Equipment. 
(a) Application equipment used <nl>for<ol> [by] commercial <nl>applications<ol> 
[applicators], except pressurized hand- sized apparatus or any equipment or 
device for which the person applying the pesticide is the source of power or 
energy used in making pesticide application, must be registered with the <nl> 
department<ol>[licensing agency]. The <nl> department <ol>[agency] shall issue 
[to the licensee] a license decal to be attached to each such piece of equipment 
in a conspicuous place. The license decal will contain the following 
information: 
(1)-(2) (No change.) 
(b) <nl>Notification shall be given to<ol> [The licensee shall notify] the <nl> 
department<ol> [regulatory agency] of any equipment <nl>ownership<ol> changes 
and [remove] the license decal <nl>must be removed <ol>before giving up 
possession of the equipment. 
(c) All application equipment used <nl> for<ol> [by] commercial 
<nl>applications<ol> [applicators] is subject to inspection by the 
<nl>department<ol> [regulatory agency] at any reasonable time. Such equipment 
must be maintained in a condition that will provide safe and proper application 
of the pesticide. If the inspector finds that it is not, the <nl>department <ol> 
[inspector] shall require the needed repairs or adjustments before allowing the 
use of such equipment. 

sec.7.20.Complaint Investigation.
(a) Any person with cause to believe that any provision of the Act or this 
chapter has been violated may file a written complaint with the 
<nl>department<ol> [Texas Department of Agriculture]. The department will 
continue to accept either written or oral notification of a complaint, but may 
require that a complaint form be signed in order to conduct an investigation. 
(b) Any person who has experienced or is alleging adverse effects from a 
pesticide application may file a written complaint with the <nl>department<ol> 
[appropriate regulatory agency]. Such complaint shall be subscribed by the 
complaining party and set forth in detail the facts of the alleged violation. 
(c) The <nl>department<ol> [agency] will investigate the complaint and make a 
full written report. 
(1) A preliminary report may be given to the parties directly involved in the 
incident. In cases where no apparent <nl> violations<ol> [adverse effects] can 
be documented, the <nl> department<ol> [agency] will give the information to the 
complaining party and cease the investigation. 
(2) The final report will be made after all aspects of the case have been 
determined to the satisfaction of the <nl> department<ol> [investigating 
agency]. This report will be made available to the parties concerned upon 
written request. The final report will prevail over the preliminary report if a 
conflict should arise. 
(d) The <nl>department<ol> [investigating agency] shall, as soon as possible, 
notify the applicator(s) believed to be responsible for the complaint and the 
owner or lessee of the land where the application occurred. 
(e) The <nl>department<ol> [investigating agency] will not estimate monetary 
losses sustained. 
(f) No finding of violation by the <nl> department<ol> [agency] will be premised 
solely on the uncorroborated statements of an anonymous or unidentified 
complainant, but all such complaints will be investigated routinely. For each 
such complaint, the <nl> department<ol>[agency] will determine the extent of 
investigation which is appropriate to address the complaint.

sec.7.22.Use Inconsistent with Label Directions.
It shall be a violation for any person to use or cause to be used a pesticide in 
a manner inconsistent with its label or labeling. Use inconsistent with the 
label includes, but is not limited to:
(1)-(2) (No change.) 
(3) failure to observe reentry intervals, preharvest intervals, grazing 
restrictions, or worker protection requirements: 
(A) it is the responsibility of the person in control of the commodity or site 
treated to be knowledgeable of and comply with the requirements of this 
<nl>paragraph<ol> [section];
(B) if a commercial applicator furnishes the pesticide, it is the commercial 
applicator's responsibility to notify the person in control of the commodity or 
site treated of the requirements of this section that pertain to <nl>restricted- 
entry<ol> [reentry] intervals, preharvest intervals, grazing restrictions, or 
worker protection requirements, prior to, or at the time of treatment by: 
(i)-(iii) (No change.) 

sec.7.23.State Plan for Certification of Applicators.
The Texas Department of Agriculture hereby adopts by reference the State of 
Texas Plan for Certification of Pesticide Applicators with appendices submitted 
by the department to the administrator of the Environmental Protection Agency 
pursuant to the requirements of 7 United States Code, sec.136(b)(2). 
<nl>A copy of the plan may be obtained<ol> [Such plan with appendices is 
available] upon request from the <nl>department <ol> [Texas Department of 
Agriculture, P.O. Box 12847, Austin, Texas 78711].

sec.7.24.State-Limited-Use Pesticides.
(a) Because of their potential to cause adverse effect to nontargeted 
vegetation, all pesticide products containing the active ingredients as 
specified in this subsection, alone or in mixtures, shall be classified as 
state-limited-use pesticides 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: 2,4-
Dichlorophenoxyacetic acid (2,4- D); 2,4-Dichlorophenoxy butyric acid (2,4-DB); 
2,4- Dichlorophenoxy propionic acid (2,4-DP); [2,4,5- Trichlorophenoxyacetic 
acid (2,4,5-T);] 2-Methyl-4- Chlorophenoxyacetic acid (MCPA); [2-(2,4,5-
trichlorophenoxy) propionic acid (silvex);] 3,6-Dichloro-o-anisic acid 
(dicamba); 3,4-Dichloropropionanilide (propanil); [orthoarsenic acid (arsenic 
acid);] 5-bromo-3-sec-butyl-6-methyluracil (bromacil); and 2,4-
bis(isopropylamino)-6-methoxy-s-triazine (prometon). Formulations containing the 
active ingredients previously listed in this subsection are exempt from being 
classified as state- limited-use pesticides if they meet one of the criteria 
listed in paragraphs (1) or (2) of this subsection: 
(1) specialty fertilizer mixtures packaged in containers of 50 pounds or less 
that are labeled for ornamental use and registered as required in the Texas 
Agriculture Act, Chapter 63 [(1981)], concerning commercial fertilizer; 
(2) (No change.) 
(b) Because of their potential to cause adverse effects to humans and nontarget 
animals, any and all pesticides and devices using the active ingredients sodium 
fluoroacetate (Compound 1080) and sodium cyanide, in any quantity, for livestock 
predation control are classified as state-limited-use pesticides. Additional 
requirements for the handling and use of Compound 1080 and sodium cyanide are 
provided at sec.7.28 and sec.7.29 [sec.7.32 and sec.7.33] of this title 
(relating to Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar-
State- Limited-Use Requirements; and the M-44 Sodium Cyanide-State- Limited-Use 
Requirements). 

sec.7.25.Scope of Pesticide Application Standards. 
(a) Purpose. The purpose of sec.sec.7.25-<nl> 7.27<ol> [7.31] of this title 
(relating to Pesticides) <nl> is<ol> [shall be] to establish pesticide 
application standards designed to prevent unreasonable risk to human health and 
protect workers and others during the production of agricultural field crops. 
[If an agriculture employer is complying with all applicable provisions of the 
WPS then they will have satisfied the provisions of sec.sec.7.25, 7.27, 7.28, 
7.30 and 7.31 of this title (relating to Scope of Pesticide Application 
Standards, Worker Reentry Into Fields, Reentry Instructions, Reentry Interval, 
and Establishing Reentry Intervals).] 
(b) <nl>Worker Protection Standard Training Verification Requirements. All 
certified and licensed applicators or trained trainers who conduct pesticide 
safety training must:<ol> [Exemptions from regulations. Except as provided in 
sec.7.25(o) of this title (relating to Notification Requirements), these 
regulations do not apply to:] 
(1) <nl>maintain records of each trainee for five years. These records must 
include a copy of each dated class roster signed by the trainer and each 
trainee, with the verification card number issued to the trainee, and the city 
or county and state where the training occurred<ol> [applications of pesticides 
inside structures and greenhouses; in personal yards and gardens; in connection 
with health-related or aquatic pest control and research programs conducted by 
or under the authority of governmental entities; and regulatory pest control]; 
(2) <nl>issue EPA training verification cards only to trainees who have been 
trained in accordance with the requirements of the WPS, including the correct 
use of training materials developed or approved by EPA; <ol> [pest control 
advisors, federal, state, and county employees, and others that the commissioner 
may deem eligible for exemption; and] 
(3) <nl>record trainee information on the verification cards, in ink or other 
indelible form;<ol> [applications made to livestock.] 
<nl>(4)<ol> <nl> issue EPA training verification cards that match EPA 
specifications or that comply with state variations from such specifications 
that have prior approval from EPA; and <ol>
<nl>(5)<ol> <nl> promptly respond to requests from EPA, state, or tribal 
agencies or agricultural employers for information concerning issued EPA 
training verification cards. <ol>
(c) [Limitation on the scope of these regulations. Section 7.27 of this title 
(relating to Worker Reentry into Treated Fields) and sec.7.30 of this title 
(relating to Reentry Intervals) apply only to labor-intensive activities. 
Examples of crops which ordinarily do not require a worker to perform labor- 
intensive activities are cotton, wheat, rice, hay or grazing crops, peanuts, 
rye, safflower, sesame, sorghum, corn, barley, sugarcane, soybeans, sugar beets, 
flax, oats, sunflowers, alfalfa, and guar. 
[(d) Definitions. In addition to the definitions set out in the Texas 
Agriculture Code, Chapter 76, sec.76.001 (1981), and sec.7.1 of this title 
(relating to Definitions), the following words and terms, when used in these 
regulations, shall have the following meanings: 
[(1) Adjoining. The term "adjoining" means directly contiguous to a field on 
which pesticides may be applied or which is separated from a field only by a 
road, railway, or utility right-of-way, or by a government-owned land corridor 
or waterway having a width of not more than 100 feet. 
[(2) Appropriate protective clothing. The definition of appropriate protective 
clothing varies according to when a worker enters a field to perform labor-
intensive activities. The following standards shall apply: 
[(A) immediately after a pesticide application and before the pesticide dust has 
settled or spray has dried, appropriate protective clothing shall be protective 
clothing as specified for use by the applicator on the pesticide label, 
including a pesticide respirator if specified on the label; 
[(B) following an application of pesticides enumerated in sec.7.30(c)(1)-(4) of 
this title (relating to Reentry Intervals), after the dust has settled or the 
spray has dried but less than 24 hours after pesticide application, appropriate 
protective clothing shall be the protective clothing specified for the 
applicator on the label. However, a pesticide respirator is not required; 
[(C) more than 24 hours after application but before expiration of the reentry 
interval, appropriate protective clothing shall mean, at a minimum, a clean, 
loose-fitting one or two-piece garment of closely woven or impermeable material 
which affords entire body protection (except for the feet, hands, or head), head 
covering, boots or shoes or socks, and gloves impermeable to the pesticide 
residue for the period of time the gloves are worn (Examples of impermeable 
gloves are rubber, vinyl and plastic or rubber-coated, vinyl-coated, and 
plastic-coated gloves. Cloth, leather, and paper gloves are not acceptable.); or 
[(D) in the event that a pesticide label does not contain specifications for 
protective clothing, appropriate protective clothing shall be, at a minimum, the 
clothing specified in subparagraph (C) of this paragraph and shall be worn 
whenever workers enter treated fields prior to expiration of the reentry 
interval. 
[(3) Farm operator. The farm operator is the person responsible for the overall 
control and management of the crop. Responsibility for the overall control and 
management of the crop may be transferred by contract to a second party. 
However, if the effective date of the transfer of responsibility is unclear, 
both the farm operator and the second party may be held liable for any violation 
of these regulations. 
[(4) Field. The term "field" includes any outdoor agricultural areas or 
nurseries, not otherwise exempted from these regulations, to which pesticides 
are scheduled to be applied, are being applied, or have been applied. 
[(5) Labor-intensive activities. Labor-intensive activities are those activities 
requiring a worker to make substantial contact with plants, soil or other 
sources of pesticide residue after application of a pesticide but before 
expiration of the applicable reentry interval. Examples of activities which may 
require workers to make substantial contact include commonly recognized crop-
production, hand-labor activities such as harvesting, detasseling, thinning, 
weeding, topping, planting, sucker removal, roguing and pruning. Provided, 
however, walking and/or standing in a treated field shall not be deemed to be 
substantial contact with soil if the worker is wearing boots or shoes or socks. 
[(6) Person. The term "person" includes any individual, partnership, 
association, corporation, and any organized group of persons, whether 
incorporated or not. 
[(7) Points of access. Points of access are places where workers ordinarily 
enter or leave a field. For the purpose of complying with these regulations, the 
farm operator may designate one or more points of access. 
[(8) Reentry interval. A reentry interval is the period of time between the 
application of a pesticide and the time when persons may reenter the field 
without wearing appropriate protective clothing.]
[(9)] <nl>The EPA WPS warning flag/sign. <ol> EPA WPS warning flag/sign 
<nl>referred to in WPS and sec.7.26 of this title (relating to Notification 
Requirements)<ol> must look like the one pictured as follows. Additional 
information may be included on the warning sign, such as the name of the 
pesticide or the date of application, if it does not lessen the impact of the 
flag/sign or change the meaning of the required information. If the required 
information is added in other languages, the words must be translated correctly. 
The flag/sign must be at least 14 inches by 16 inches, and the letters must be 
at least one inch high.
Figure 1: 4 TAC sec.7.25(c)
[(10) Worker. A worker means any person, not otherwise exempted by these 
regulations, who enters a field for any reason associated with the growing, 
harvesting, or management of a crop and is engaged in labor-intensive activities 
with plants, soil, or other sources of pesticide residue. 
[(11) Farm labor camp. Housing used by one or more seasonal, temporary, 
permanent, or migrant workers and accompanying dependents which are owned, 
operated, or managed by the farm operator or licensed by the State of Texas.] 

sec.7.26.Notification Requirements.
(a) Responsibility. Except as provided in subsection <nl>(n)<ol> [(o)] of this 
section, the farm operator shall be responsible for meeting prior notification 
requirements. 
(b) (No change.) 
(c) Who may request. The following persons may request prior notification of a 
pesticide application: 
(1) any person who works or resides in a building, house, or other structure 
located on land [adjoining and] within 1/4 mile of afield on which pesticides 
may be applied; <nl>and<ol>
(2) persons in charge of licensed day-care centers, primary and secondary 
schools, hospitals, inpatient clinics or nursing homes within 1/4 mile of the 
field on which pesticides are to be applied. The parent of a primary or 
secondary school student may for good cause request notification from the 
department if the person in charge of the school has refused to request 
notification. If the department determines that notification should be given, 
the department shall notify the farm operator to give notification to the person 
in charge of the school<nl>.<ol> [; and 
[(3) any person with chemical hypersensitivities, allergies, or other medical 
conditions which may be aggravated by pesticide exposure and whose residence or 
place of employment is within 1/4 mile of the field on which pesticides are to 
be applied; provided there is attached to such request a licensed physician's 
signed confirmation of the medical condition.]
(d) Content of request. <nl>Except as provided in subsection (n) of this 
section, requests<ol> [Requests] for prior notification under [subsections 
(c)(1) and (2) of] this section shall be made in writing to the farm operator, 
and should include: 
(1)-(4) (No change.) 
(5) a request to be notified prior to the application of any pesticides to the 
area described in paragraph (4) of this subsection or the trade name and/or 
common chemical name of specific pesticides for which prior notification is 
requested <nl>and;<ol>
<nl>(6)<ol> <nl> a request to be notified because of a medical condition that 
may be aggravated by pesticide exposure. <ol>
(e) (No change.) 
(f) [Requests for notification under subsection (c)(3) of this section. These 
requests shall be filed with the nearest district office or Austin office of the 
Texas Department of Agriculture. The department shall closely review each 
request and the supporting documentation for accuracy and validity. If the 
department approves the request, the department shall promptly notify the 
appropriate farm operator of the requirement to give prior notification to the 
requesting person. Requests which are not approved shall be returned to the 
requesting party with a written statement explaining the reasons for the 
rejection. 
[(g)] Length of effectiveness and commencement of notification. A request for 
prior notification shall be <nl>effective <ol> [in effect] through December 31 
of the year that the request is received. A farm operator shall commence 
notifying a requesting party of scheduled pesticide applications within ten days 
of receipt of a request for notification. The department may extend the time to 
begin notifying a requesting party upon a showing of sufficient cause by the 
farm operator. The department shall notify the requesting party of any such 
extension. 
<nl>(g)<ol> [(h)] Notification. The following methods may be used for giving 
notification of a scheduled pesticide application. 
(1) <nl>General requests. Except as provided by subsection (n) of this section 
if<ol> [Adjoining neighbor. If] the request for notification is made pursuant to 
[subsection (c)(1) of] this section, the notification may be made by: 
(A) raising a flag/sign. 
(i) the EPA WPS posted warning flag/sign shall be raised to a height of at least 
approximately five feet, with the bottom of such flag/sign always at least two 
feet above the top of the crop, in or about the field to which pesticides are 
scheduled to be applied so that the flag/sign is located no farther than 650 
yards from the nearest property line of any <nl>person<ol> [adjoining neighbor] 
requesting notification.
(ii) in the event of unusually tall crops, such as citrus, corn, or sugar cane, 
or limited access fields, the farm operator may raise a flag/sign at a distance 
greater than 650 yards from <nl> the nearest property line of the party 
requesting notification<ol> [an adjoining neighbor, if such neighbor is given 
written notice of the location of such flag/sign and the flag/sign is raised] on 
a permanent pole to a height visible <nl>from the property line of the 
requesting party<ol> [to the adjoining neighbor]. 
(iii) (No change.) 
(B) -(C) (No change.) 
(2) <nl>Medical condition<ol>[Medically affected]. If the request for 
notification is made pursuant to <nl> a medical condition<ol> [subsection (c)(3) 
of this section], notification <nl>must<ol> [may] be given in person or by 
telephone in English or, when appropriate, Spanish. 
(A) If the farm operator is unable to reach a person entitled to notification 
under this <nl>paragraph<ol> [section] after making reasonable efforts, the farm 
operator may immediately notify the department by telephone of the following 
information: 
(i)-(v) (No change.) 
(B) (No change.) 
(C) If the farm operator telephones the department between 8:00 a.m. and 
<nl>5:00<ol> [4:30] p.m., Monday through Friday, the department shall 
immediately attempt to telephone the requesting party and give notification of 
the scheduled application. A record showing the date and time of all such 
attempts shall be maintained by the department.
(3)-(5) (No change.) 
<nl>(h)<ol> [(i)] Content of notice. Notice given in writing, in person, or by 
telephone shall include: 
(1)-(3) (No change.) 
<nl>(i)<ol> [(j)] Time and receipt of notice. Notice shall be given not later 
than on the day <nl> prior<ol> [previous] to a scheduled pesticide application. 
(1) Notice shall be deemed given pursuant to subsection <nl>(g)<ol> [(h)] (1) 
and (3) of this section: 
(A)-(B) (No change.) 
(C) as mutually agreed upon pursuant to an agreement authorized by subsection 
<nl>(g)<ol> [(h)] (1)(C) of this section.
(2) Notice shall be deemed given pursuant to subsection <nl>(g)<ol> [(h)] (4) of 
this section at the time of delivery of notification in person, by telephone, or 
by posting the required notice:
(A) (No change.) 
(B) after the farm operator has made reasonable efforts to notify the requesting 
party by telephoning the requesting party at the number(s) <nl>provided<ol> 
[sometime] during the time(s) specified in the written request. 
[(3) Notice shall be deemed given pursuant to subsection (h)(4) of this section 
at the time of delivery of notification in person, by telephone, or by posting 
the required notice.] 
<nl>(j)<ol> [(k)] Emergency. Advance notice need not be given on the day before 
when an immediate application is required and time does not reasonably allow the 
giving of notice on the day before a pesticide application. Notice of an 
emergency application shall be given: 
(1) by the method selected pursuant to subsection <nl> (g)<ol>[(h)] (1), (3) and 
(4) of this section as soon as reasonably possible before the application; or 
(2) (No change.) 
<nl>(k)<ol> [(l)] Removal of flags/signs. Flags/signs raised under this section 
should be removed or lowered within 24 hours after the reentry interval expires. 
However, in no event shall such flags/signs be left posted for more than 72 
hours after the reentry interval has expired. In the event that a pesticide 
application is not made when scheduled, the flag/sign may be left posted until 
after the reentry interval has expired. 
<nl>(l)<ol> [(m)] Duty to notify of address change. A person who has requested 
notice of a pesticide application under this section shall notify the farm 
operator promptly and in writing of any change of address or telephone number. 
Notice need not be given at any vacant structure or premises, or at any 
structure or premises which is not the place of residence or business of a 
person entitled to notice under this section. 
<nl>(m)<ol>[(n)] All complaints filed under this section shall be reviewed and 
investigated by the department in the same manner as any other complaints filed 
under the <nl> Texas<ol> Administrative Procedure [and Texas Register] Act. 
<nl>(n)<ol>[(o)] Applications by the Texas Boll Weevil Eradication Foundation or 
other areawide pest control program sponsored by a governmental entity. 
(1) Responsibility. For applications made by the foundation as part of its boll 
weevil eradication program or other areawide pest control program sponsored by a 
governmental entity, the entity making the application or causing the 
application to be made is responsible for meeting prior notification 
requirements of this subsection. The farm operator is responsible for accepting 
requests for and providing prior notification in accordance with this section 
for applications made by the farm operator. 
(2) Who may request. A request for notification of an application made by an 
entity covered by this subsection may be made by all of those persons listed in 
subsection (c) of this section. No request is necessary for prior notification 
of farm labor camps owned, managed or controlled by a farm operator and located 
on or within 1/4 mile of a field on which pesticides are to be applied by the 
foundation or other entity; provided that the farm operator is responsible for 
notifying the foundation or other entity of the presence of such labor camps. 
(3) Filing and content of request. Requests made under this section shall be 
made in writing to the foundation or other entity or the farm operator and shall 
include all of the information required by subsection (d) of this section. 
(4) Notification by farm operator. The farm operator is responsible for 
notifying the foundation or other entity covered by this subsection of any 
requests for prior notification received by the farm operator relating to an 
application that will be made or caused to be made by the foundation or other 
entity. The information must be provided to the foundation or other entity 
within 24 hours of its receipt by the farm operator. The information may be 
provided: 
(A) by telephone at a telephone number obtained from the department; 
(B) by forwarding the written request to the foundation or other entity in the 
U. S. mail at a mailing address obtained from the department; or 
(C) by any other reasonable means, as long as the information is forwarded 
within 24 hours of its receipt. 
(5) Request for notification by the foundation or other entity. Prior to the 
making of the first application in each calendar year, the foundation or other 
entity shall request that the farm operator notify it of any requests for prior 
notification already in effect for property on which the foundation or other 
entity will be making applications and of any future requests for prior 
notification on that property. 
(6) Effective date and length of effectiveness of request. A request for prior 
notification under this subsection shall be in effect through December 31 of the 
year that the request is received. The foundation or other entity shall begin 
notifying the requesting party of scheduled pesticide applications within 10 
days of receipt of a request for notification.
(7) Methods of notification and content of notice. 
(A) Notification shall be provided as follows. 
(i) Notification may be given in writing, by raising a flag/sign in the manner 
provided at (h)(1)(A) of this section, in person, by telephone in English or, 
when appropriate, Spanish, or by other means mutually agreed upon by the 
requesting party and the foundation or other entity. This agreement must be in 
writing and a copy filed with the department. For purposes of providing notice 
to medically affected persons or to licensed day care centers, primary and 
secondary schools, hospitals, inpatient clinics and nursing homes, "notification 
in writing" means other than by mail such as by posting a written notice on the 
requester's front door or at the requester's place of business. 
(ii) If the foundation or other entity is unable to reach a person entitled to 
notification under this section after making reasonable efforts, the foundation 
or other entity may immediately notify the department by telephone of the 
following information: 
(I) the name and telephone number(s) of the foundation or other entity; 
(II) the name and telephone number(s) of the requesting party;
(III) the location of the field scheduled to be treated; 
(IV) the intended date and approximate time of the pesticide application; and 
(V) the trade and common chemical name of the pesticide. 
(iii) The department shall maintain a record of the information provided by the 
foundation or other entity. 
(iv) If the foundation or other entity telephones the department between 8:00 
a.m. and 5:00 p.m., Monday- Friday, the department shall immediately attempt to 
telephone the requesting party and give notification of the scheduled 
application. A record showing the date and time of all such attempt shall be 
maintained by the department. 
(v) In addition to the methods of notification provided at this subparagraph, 
notification to farm labor camps may be provided in writing by placing a written 
notice on an on-site bulletin board or other central, on-site posting place 
which is readily accessible to labor camp residents.
(B) The notice shall include: 
(i) the location of the field on which the application is to be made; 
(ii) the intended date and approximate time of application;
(iii) the trade and common chemical name of the pesticide to be applied; and 
(iv) who to contact for additional information. 
(C) Notice shall be given no later than the day prior to a scheduled pesticide 
application. 
(8) Emergency provision. Advance notice need not be given on the day before an 
application when an immediate application is required and time does not 
reasonably allow the giving of notice on the day before the pesticide 
application. Notice of an emergency application shall be given: 
(A) by the method selected in accordance with subparagraph (7)(A) of this 
subsection as soon as reasonably possible before the application; or 
(B) by telephone or in person to a medically- affected person as soon as 
reasonably possible, but not less than one hour before the application. However, 
an emergency application need not be postponed if after reasonable efforts by 
the foundation or other entity actual notice cannot be given.
(9) Duty to notify of address change. A person who has requested notice of a 
pesticide application under this section shall notify the foundation or other 
entity promptly and in writing of any change of address or telephone number. 

sec.7.27.Forbidden Pesticide Practices.
The pesticide applicator shall be responsible for complying with the following 
standards: 
(1) Direct spray forbidden. Pesticides may not be applied if persons not 
involved with the application of the pesticide are lawfully present in the area 
to be treated. 
(2) Duty to stop application. The applicator shall stop the application of a 
pesticide if any person not wearing appropriate protective clothing lawfully 
enters the area to be treated. 
(3) It is a violation of these regulations for any person employed by a farm 
operator to knowingly enter an area to which pesticides have been applied and 
the restricted-entry interval has not expired or to which pesticides are being 
applied without the authorization of the farm operator. 

sec.7.28.Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar State-
Limited-Use Requirements.
(a) Purpose. Any and all pesticides and devices using the active ingredient 
sodium fluoroacetate for livestock predation control shall be classified as 
state-limited-use, pursuant to the Act, sec.76.003. 
(b) Definitions. In addition to the definitions set out in the Act, sec.76.001, 
and sec.7.1 of this title (relating to Definitions), the following terms, when 
used in this section, shall have the following meanings, unless the context 
clearly indicates otherwise. 
(1) LPC applicator - A person who has obtained a license from the department as 
a private, commercial or noncommercial applicator or who has obtained a private 
applicator certificate and has fulfilled the requirements for livestock 
protection collar certification as set forth in this section. Private 
applicators may certify to use the livestock protection collar on property 
owned, leased, or rented by the person or the person's employer or under the 
person's general control. Employees of government agencies who apply collars in 
administration of official duties or persons that apply collars on their own or 
employer's property may obtain a livestock protection collar certification under 
a noncommercial license. Persons operating a business or employed by a business 
to apply livestock protection collars on the property of another for hire must 
obtain livestock protection collar certification under a comme