TDA REGULATIONS

At the end of this course there will be a test consisting of 10 random questions. PRINT out the test and answer the questions,

then Fax to: (512) 990-0665

or mail the questionnaire to:
Pestnetwork.com, Inc.
P.O. Box 81552
Austin, TX 78708-1552

Once received, the questionnaire will be reviewed and a Certificate will be issued. The governing agency will be notified of your CEUs. We will maintain your records for the appropriate time frame.


TDA Regulations

I know what you are thinking: Laws and regulations are boring. Well, we are going to try and not make it boring. The regulations are how we are to operate under the TDA and what we can do and not do legally. It is important to follow the standards set up by TDA so we can accomplish the task at hand. Private, noncommercial and commercial applicators must comply with these rules. Some will be different because of the type of license issued. The following sections deal with many different aspects of the rules. These sections are taken directly from the TDA Regulations. I know some of you have never seen these or heard of some of these; that is why we decided to give them to you in a class format. This correspondence class will fulfill the laws and regulations requirement for your CEUs; remember, a private applicator needs 2 Laws and regulation CEUs and a noncommercial or commercial applicator needs 2 of 3 different specific courses. They are Laws and Regs., IPM or Drift. So lets get started!


§7.10. Registration of Pesticides.

This section deals with how pesticides become registered in Texas.

  1. The application for registration of a pesticide shall include:
  1. a material safety data sheet (MSDS) which complies with the provisions set forth in 29 Code of Federal Regulations §1910.1200(g);
  2. an EPA-stamped accepted label and any applicable comments for a pesticide that must be federally registered under FIFRA;
  3. the EPA product code for each active ingredient; and
  4. a fee of $350 per product registered for a two year period. This fee may be prorated.
  1. Product registration may be denied or revoked and the registration fee forfeited if the application is incomplete or inaccurate.
  2. If the registrant distributes a pesticide under more than one brand name or more than one formulation, each brand or formulation must be registered as a separate product.
  3. It shall be a violation to continue to distribute a pesticide for which a renewal application, including the required fee, has not been received on or before the last day of the current registration. It is the responsibility of the registrant to obtain and submit an application for registration of a pesticide before the renewal date as prescribed in subsection (f) of this section.
  4. Late fees will be assessed on renewal applications postmarked after the renewal date as prescribed in subsection (f) of this section, as provided by the Code, §12.024.
  5. All pesticide products registered by a registrant must be renewed by the scheduled renewal date included in the registration package as provided by the department. Any new product registered by a registrant will be prorated by quarter so that the registration will expire at the same time as all other pesticide products of the registrant.
  6. Any written recommendations allowed by FIFRA 2(ee) must be approved by the department prior to being released into the channels of trade.
  7. Registration is not required for a chemical composition being used only to develop plot data on a total of 10 acres or less in the state.
  8. After a product is registered with the department, registrants shall provide the department the most current pesticide product label anytime the product label is amended. Before distributing the revised product label, the registrant must have written department approval in addition to any applicable federal requirements.



§7.11. Label Requirements.

Each pesticide distributed in this state shall bear a label containing the following information related to the pesticide:

  1. the label information required by FIFRA, if the pesticide is subject to registration under that law; or
  2. the following information, if the pesticide is not subject to registration under FIFRA:
  1. the accepted common name and/or chemical name of all active ingredients;
  2. the percentage by weight of each active ingredient and the percentage by weight of all inert ingredients;
  3. the name for each ingredient using the accepted common name, if there is one, followed by the chemical name; and
  4. a statement of percentages except that a sliding scale method of expressing percentages shall not be used (example: active ingredient name--6.0% to 8.0%);
  1. the directions for use including, but not limited to the following:
  1. that it is a violation of federal and state law to use this product in a manner inconsistent with its labeling;
  2. to keep out of reach of children;
  3. application rates of product to be applied;
  4. proper mixing procedures;
  5. application methods;
  6. application limitations;
  7. restricted entry and preharvest intervals; and
  8. clean-up, storage, and disposal instructions;
  1. the net weight or measure of contents, exclusive of wrappers, or other materials:
  1. the net weight or measure of contents shall be the average contents unless explicitly stated as a minimum quantity;
  2. if the pesticide is a liquid, the net content statement shall be in terms of liquid measure at 68 degrees Fahrenheit (20 degrees Celsius) and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons;
  3. if the pesticide is a solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces;
  4. in all cases, net content shall be stated in terms of the largest suitable units (for example: "one pound, 10 ounces," not "26 ounces");
  5. in addition to the required units, specific net content may be expressed in metric units; and
  6. variation above or below minimum content or around an average is permissible only to the extent that it represents deviation unavoidable in good and workman like manufacturing practice;
    and
  1. numbers or other symbols to identify the manufacturer's lot and batch. These shall be stamped on the pesticide container any place where they can be readily seen; provided, however, it shall be unlawful to have more than one lot or batch number in a single package.




§7.20. Application.

There are specific forms and fees that must be completed by the applicant.

  1. An application for a commercial, or noncommercial or private applicator license will be deemed complete when the applicator has met the applicable licensing requirements.
  2. An Application for a pesticide dealer or applicator license shall be made on a form prescribed by the department.
  3. Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the fee for a new dealer license will be prorated as outlined on the License Application form to coincide with the December 31st expiration date. Renewals made after the expiration date are subject to applicable late fees.
  4. Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), licensing and renewal fees are:
  1. Dealers: $200 for two years;
  2. Applicators:
  1. Commercial: $150 for one year;
  2. Noncommercial: $100 for one year;
  3. Noncommercial applicators employed by a political subdivision of the State of Texas or of a federal agency operating in Texas who utilize the license solely in the course of their employment: $10 for one year;
  4. Private: $50 for five years;
  5. Certified Private: fee exempt. This certificate is no longer issued and was only available to individuals certified prior to January 10, 1989. Existing certificates may be renewed and are fee exempt
  1. Fees for a new commercial or noncommercial applicator license application submitted after September 1 of each year will be prorated to include the remaining months of the current licensing year and the following licensing year.
  2. A pesticide applicator or dealer's license is not transferable. Change of ownership of an outlet or facility shall require a new application and applicable fees to be submitted.
  3. The licensee shall notify the department within 30 days of any change in the information provided as part of the application for a license. Failure to provide such information may be grounds for denial, suspension or revocation of the license.
  4. A commercial or noncommercial applicator in good standing may convert the license between these two categories by making application to the department and meeting the requirements for that license, including fees. Amended to be effective April 23, 1998, 23 TexReg 3822.

 

TELL ME

  1.  Each pesticide must be approved by before it can be used in Texas.  
  2. The pesticide label must include information under what federal regulations. .  
  3. The fee for a commercial applicators license is $ .  
  4. The fee for a dealers license is $ .  
  5. A dealers license or a private applicators license is transferable.
    TRUE or FALSE


§7.21. Applicator Certification.

  1. The department may certify applicators in the following license use categories and subcategories:
  1. agricultural pest control:
  1. field crop pest control;
  2. fruit, nut and vegetable pest control;
  3. weed and brush control in pasture and rangeland;
  4. predatory animal control;
  5. farm storage pest control and fumigation;
  6. animal pest control;
  7. citrus pest control; and
  8. livestock protection collar application;
  1. forest pest control;
  2. ornamental plant and turf pest control (except as provided in subsection (c)(2) of this section);
  1. plant pest and weed control; and
  2. greenhouse pest control;
  1. seed treatments;
  2. right-of-way pest control;
  3. aquatic pest control:
  1. aquatic plant and animal pest control; and
  2. anti-fouling paint;
  1. demonstration and research;
  2. regulatory pest control;
  3. aerial application;
  4. chemigation; and
  5. M-44 (Sodium Cyanide application in accordance with §7.40 of this title (relating to M-44 Sodium Cyanide - State-Limited-Use Requirements).
  1. Private Applicators.
  1. Producers of agricultural commodities who complete an Extension or other department approved training program for private applicators and obtain a passing score on the private applicator test may be certified in each of the categories and subcategories listed in subsection (a)(1)(A)-(G), (2), (3), (4), (6)(A), and (10) 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.
  2. The department may allow an entity other than Extension to conduct private applicator certification training if the training program:
  1. has significant educational or practical content to maintain appropriate levels of competency;
  2. consists of at least three hours of net instruction time;
  3. complies with all applicable federal and state laws including the Americans With Disabilities Act (ADA) requirements for access to training programs; and
  4. is submitted to the department for review and is approved prior to training.
  1. An approved training program may include lectures, panel discussions, organized video or film with live instruction or other activities approved by the department.
  2. Private applicator certification training program content must include, but is not limited to:
  1. recognition of common pests to be controlled and the damage caused by them;
  2. reading and understanding laws and regulations and label and labeling information, including the common name of the pesticide to be applied, pest to be controlled, application timing and methods, safety precautions, pre-harvest or reentry provisions and any specific disposal procedures;
  3. application of pesticides in accordance with label instructions and warnings, including the ability to prepare the proper pesticide concentration to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven and the quantity dispersed in a given period;
  4. recognition of local environmental situations that must be considered during application to avoid contamination;
  5. recognition of poisoning symptoms and procedures to be followed in case of a pesticide related accident; and
  6. recognition and identification of Integrated Pest Management (IPM) strategies applicable to the agricultural operation.
  1. The department may deny, revoke, or refuse to renew approval for any or all private applicator training programs or sponsors if the sponsor fails to provide to the department, upon request, records of training; fails to provide the quality of training approved by the department; or fails to comply with any other requirements that are a basis for approval or that are a part of these rules.
  2. The department may request prior notification of any scheduled training programs to be offered by the sponsor.
  3. Each training program must be approved by the department. No activity may claim to be approved or accepted by the department or use any other such term that would lead a person to believe that it has been approved by the department unless it is so approved.
  4. Each training program shall be approved for one calendar year only.
  5. Department personnel may monitor all approved private applicator training programs, and all fees charged by the sponsor shall be waived for department personnel who monitor the training program.
  6. Upon completion of private applicator training, the sponsor shall direct trainee(s) to the department for testing.
  7. In order for a private applicator training course to be approved 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.
  1. Sponsors who wish to continue course approval must file for renewal annually on a form prepared by the department.

 

TELL ME

  1.  You can use M-44 without a license. TRUE or FALSE .
  2. There are categories and subcategories that one could license under the TDA.
  3. All private applicator training is approved for how many years? .
  4. Who is exempt from licensing when using certain restricted pesticides? .
  5. List four items that must be on the pesticide label that is registered in Texas.
  6. ,
  7. ,
  8. and
    .

  1. Commercial and Noncommercial Applicators.
  1. Commercial and noncommercial applicators certified in category (a)(7)-(10) of this section must also be certified in one or more categories from category (a)(1)-(6) of this section prior to performing regulatory pest control or research and demonstration pest control.
  2. The department will certify a commercial applicator in the ornamental plant and turf pest control category only if the person is also a nurseryman or if the applicator restricts application only to ornamental and turf plants at the production site.
  3. A person exempted from licensing requirements pursuant to the Structural Pest Control Act (Vernon's Texas Civil Statutes, Article 135b-6), Section 11 (2) and (6) must be licensed with the department regardless of the use classification of the pesticide.


§7.22. Licensing of Applicators.

  1. All testing conducted by the department under the authority of the Act, Subchapter E, 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 or regulated herbicides in a safe and effective manner.
  2. The department may enter into a memorandum of agreement with another state or a federal agency for reciprocity in licensing pesticide applicators.
  3. Doctors of veterinary medicine are exempted from licensing when:
  1. applying restricted-use or state-limited-use pesticides or regulated herbicides as drugs or medication during the course of normal practice; or
  2. when applying any pesticides not classified as restricted-use by EPA to property owned, rented or under the veterinarian's general control.
  1. Commercial and noncommercial applicators must meet the following requirements:
  1. 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 certified 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. Applicators may certify in the subcategory listed in §7.21 (a)(6)(B) of this title (relating to Applicator Certification) by passing a test pertaining to that subcategory and related laws and regulations and fulfilling other licensing requirements; however, applicators who license in this manner may not add other categories without successfully completing the general pesticide applicator examination and the laws and regulations examination.
  2. A fee of $20 shall be required for testing each applicant in each license use category and subcategory, and must be paid at the time the test or tests are given. Employees of political subdivisions of the State of Texas or of a federal agency operating in Texas who utilize the license solely in the course of their employment are exempt from examination fees. Amended to be effective July 14, 1998, 23 TexReg 7221.
  3. Individual test scores are valid for only 12 months.
  1. Employees of state universities and state agencies may convert to a commercial or noncommercial license upon termination of employment by paying the required fee provided that all licensing requirements have been satisfied.
  2. Private applicators must meet the following requirements:
  1. 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.
  2. An employee who qualifies as a private applicator under the Act, Section 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.
  1. Upon completion of the private applicator training, the trainee has 5 years to pass the private applicator examination without having to retrain. Retraining and retesting shall be required of anyone who does not complete requirements for licensing within 5 years of passing the private applicator exam.




§7.24. Applicator Recertification.

  1. All applicators must meet recertification requirements through completion of approved continuing education activities.
  2. Approved activities may include lectures, panel discussions, organized video or film with live instruction, field demonstrations, or other activities approved by the department.
  3. Each activity must be approved by the department. No activity may claim to be approved 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 approved.
  4. The department shall assign no more than one continuing education unit (CEU) for each hour of net actual instruction time presented at an approved activity.
  5. To be eligible for approval, 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, or a private independent nonapplicator business;
  3. that each activity has a record keeping procedure for verifying applicator attendance using department forms or approved formats;
  4. that activities cover one or more of the following topics pertaining to pesticides:
  1. label and labeling comprehension;
  2. safety factors;
  3. environmental consequences;
  4. pest features;
  5. integrated pest management strategies/pest management practices;
  6. pesticide factors;
  7. equipment characteristics;
  8. application techniques/drift minimization;
  9. laws and regulations;
  10. biotechnology/transgenic crops; or
  11. business ethics; and
  1. the activity is able to comply with all applicable federal and state laws, including the Americans With Disabilities Act (ADA) requirements for access to activities.
  1. Prior approval shall not be required for applicator recertification courses of up to three CEUs conducted by Extension faculty or department personnel for any pesticide applicator, provided that all other requirements for course content and records are met. The department may enter into a memorandum of agreement with Extension regarding the specific requirements for applicator recertification.
  2. Department personnel may monitor all approved activities, and all fees charged by the sponsor shall be waived for department personnel who monitor the recertification activity.
  3. The department may deny, revoke, or refuse to renew approval for any or all courses of a sponsor if the sponsor fails to file a timely activity report, fails to provide the quality of activity approved by the department, or fails to comply with any other requirements that are a basis for approval or that are a part of these rules.
  4. 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 record keeping burden of the department.
  1. Each continuing education activity shall be approved for one calendar year only.
  2. In order for a recertification activity to be approved 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.
  1. Sponsors who wish to continue approval must file for renewal annually on a form prepared by the department.
  2. Sponsors of approved activities shall:
  1. prepare a roster of applicators that attend the activity which contains, at a minimum, the pesticide applicator's name and 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 CEUs awarded correspond proportionately to the net instruction time.
  1. 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.
  2. No credit will be given for time used to promote the sponsor or other activities of the sponsor or for time used for organizational, political, procedural, or other nonrelevant activities.
  3. Applicators will recertify through a self-certification program. Each applicator will be required to maintain proof of the number of CEUs necessary to renew a license or certificate. Certificates of completion verifying attendance at approved activities during the previous licensing period must be maintained for a period of 12 months after the most recent renewal of their license or certificate.
  4. Each commercial or noncommercial applicator must obtain at least five CEUs during the 12 months preceding December 31 in order to recertify and renew a license for the following year. A minimum of one hour each must be obtained from two of the following categories: integrated pest management, laws and regulations or drift minimization. An applicator who becomes unlicensed in any licensing year may not be relicensed for 12 months unless all CEUs required for the last year of licensing are completed. Until the 12 month period has elapsed, applicators are prohibited from retesting under §7.22 of this title (relating to Licensing of Applicators).
  5. Private applicators must recertify as follows:
  1. Each licensed private applicator must obtain 15 CEUs within a five year period including at least two credits in laws and regulations and two credits in integrated pest management, except that any five-year period that began prior to January 1, 1996, may be satisfied by obtaining two credits in laws and regulations and one credit in integrated pest management.
  2. Each licensed private applicator must obtain 15 CEUs prior to the last day of February 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 licensed private applicators in this subsection.
  4. Private applicators have the option of forgoing continuing education requirements for a recertification period by following these procedures:
  1. Take and pass a comprehensive examination administered by the department which will contain questions relevant to those topics which would be covered at various continuing education activities. A certificate of completion worth 15 CEUs will be issued by the department upon a passing score being attained by the applicator.
  2. If the applicator fails the examination, subsequent attempts will be allowed until a passing score is attained. If a passing score is not attained, the applicator may obtain the required CEUs pursuant to this subsection.
  3. Pay a required fee of $50 for each examination.
  1. 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. prohibit applicators from retesting for a new license in lieu of meeting recertification requirements until one year after the expiration of their license;
  3. require the applicator to take and pass comprehensive department examinations for general knowledge and for each category in which the applicator seeks to be licensed if the applicator does not recertify and renew in one year following the expiration of the license;
  4. require retraining of commercial, noncommercial and private applicators for categories or subcategories requiring special training if the applicator does not recertify and renew in one year following the expiration of the license; and
  5. subject a noncompliant applicator to administrative, civil or criminal penalties and/or license or certificate revocation, suspension, modification or probation for failure to comply with continuing education requirements if the applicator operates under a license that has not been renewed.
  1. An applicator may seek credit for a continuing education activity that has not been submitted by the sponsor to the department, and the department will assign the number of credits for the activity. To be eligible for accreditation, the following conditions must be met:
  1. the activity must contain course content of the highest standards;
  2. the activity must be sponsored by an in-state or out-of-state institution of higher education, or an out-of-state regional or national association, or the state or federal government;
  3. the activity must be in an area directly related to the activities of a commercial, noncommercial or private applicator;
  4. the applicator shall provide the department with sufficient information describing activity content including the time allotted to each aspect of the activity, identification of sponsor, instructor's name and address, proof of attendance, date, time, and place of the activity; and
  5. the information for the desired credit must be submitted within 60 days after completion of the activity.
  1. An applicator may file a written request for an extension of time for compliance with any deadline in these rules. Such request for extension may be granted by the department if the applicator files appropriate documentation to show good cause for failure to comply timely with the requirements of this subsection. Good cause means extended illness, extended medical disability, or other extraordinary hardship which is beyond the control of the person seeking the extension.
  2. Any person who is issued an initial license on or after September 1 in any year and has not been licensed at any time during the preceding nine months, shall begin annual recertification requirements the following year and need not obtain any credits between September 1 and December 31 of that year. If credits are obtained during that period, they may be applied to the following year's requirement.
  3. Applicators licensed as both private and commercial or noncommercial may satisfy requirements for private applicator recertification by meeting the recertification requirements for commercial and noncommercial applicators.

 

TELL ME

  1. A private applicator certification or license may be by the department if the applicator is not engaged in the production of and agricultural commodity.
  2. A private applicator applicant now may attend an approved course other than the Texas Agriculture Extension Service course to verify training required to apply to take the TDA examination. TRUE or FALSE .
  3. In order for a private applicator to recertify, a requirement of 15 total CEUs must be met within the 5 year cycle, with 2 CEUs in and 2 CEUs in .
  4. The noncommercial and commercial must obtain 5 CEUs annually with
    2 specific CEUs coming from 3 different areas; they are:
    ,
    and
    .
  5. All applicators will keep a record of their CEUs and self certify. TRUE or FALSE .


§7.25. Expiration and Renewal of Licenses.

  1. A licensee who fails to file a complete application for renewal on or before the license expiration date must pay a late fee as prescribed by the Code, Chapter 12.
  2. The license of a person who fails to timely file a complete application for renewal is invalid until a completed application and any required late fee has been received by the department. A person who applies a restricted-use or state-limited-use pesticide or regulated herbicide during a period when the person's license is invalid may be assessed administrative penalties in addition to any required late fee.
  3. If a complete application for renewal of a commercial, noncommercial or private 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.
  4. Pursuant to the Act, §76.113, the head of the licensing agency in determining whether additional training shall be required of current licensees before renewal of their applicator license may consider changes in technology, pesticide related problems, or the performance of individual applicators. If general retraining and/or retesting is required for all applicators in a category or subcategory, the licensing agency will publish notice at least six months in advance of the license renewal date. If individual retraining and/or retesting is required as a result of the applicator's performance, the agency may give notification and set a time and place of retraining that would be in the best interest of public health and environmental protection. 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. applications at sites, rates, concentrations, intervals, or under conditions not specified in the labeled directions, except:
  1. applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency;
  2. applying a pesticide against any target pest not specified on the label or labeling if the application is to the crop, animal, or site specified on the labeling, unless the department or EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling after the department or EPA has determined that the use of the pesticide against other pests would cause an unreasonable, adverse effect on the environment;
  3. employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling or unless prohibited by law or regulation;
  4. mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling;
  5. when a pesticide is applied in conformance with an approved experimental use permit (EUP);
  6. when a pesticide is applied in conformance with an approved emergency exemption granted by EPA to a federal or state agency;
  7. when a pesticide is applied in conformance with an approved Special Local Need registration;
  8. when applied in any situation receiving prior written approval from EPA.
  1. tank mixing of pesticides, or using application techniques, or equipment prohibited by the label;
  2. failure to observe reentry intervals, preharvest intervals, grazing restrictions, or worker protection requirements:
  1. 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 paragraph;
  2. 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 restricted-entry intervals, preharvest intervals, grazing restrictions, or worker protection requirements, prior to, or at the time of treatment.
  1. improper storage or disposal of the pesticide or its container or
  2. it shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with any permit, emergency exemption or special local needs registration issued by the department or EPA.

These are the regulations that affect the operations of certificate holders, licensed private, noncommercial and commercial applicators as it deals with licensing, recertification, examinations and usage of pesticides. These sections also deal with the registration of pesticides by Texas. After going over these regulations, it is hopeful that you have gained some new insight into the regulations that affect your operations.

 

 

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