reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.608 - Calculation of Indemnity or Compensation

Current through Reg. 49, No.
				  28; July 12, 2024
(a) To
				  be eligible for indemnification if a crop must be destroyed under §
										3.606 of this chapter (relating to
				  Crop Destruction; Extensions), a grower must report the United States
				  Department of Agriculture (USDA) Farm Service Agency farm numbers, physical
				  locations, and row acreage on each farm that the grower will use as the base
				  acreage calculated in §
										3.607 of this chapter (relating to
				  Eligibility for Indemnification) to the foundation before planting each year on
				  a form provided by the foundation.
(b) If certified organic or transitional
				  cotton on the grower's base acreage is destroyed through the requirements of
				  this subchapter, any indemnification will be made within 30 days of
				  verification of actual destruction.
(c) If the commissioner determines that the
				  foundation is delinquent in a payment owed to a grower, the foundation will be
				  responsible for an additional payment to the grower of 1.5% of the amount owed
				  per month of delinquency.
(d) The
				  following factors will be considered when calculating indemnity payments for
				  organic cotton growers whose cotton is required to be destroyed in accordance
				  with §
										3.605 of this chapter (relating to
				  Trigger Levels) and §
										3.606 of this chapter (relating to
				  Crop Destruction; Extensions):
(1) eligible
				  acreage - the base acreage, in row acres planted to certified organic or
				  transitional cotton, determined as provided in §
											3.607 of this chapter (relating to
				  Eligibility for Indemnification), and identified for that field as described in
				  this section. Organic or transitional cotton must be planted on this acreage by
				  the final planting date set by the USDA Risk Management Agency in the county in
				  which the crop is planted.
(2)
				  yield - the yield per acre will be determined by using the Actual Production
				  History (APH) per row acre planted to cotton for that farm, as determined by
				  the USDA Risk Management Agency; and
(3) conventional cotton price - the
				  conventional cotton price will be determined by the upland cotton price
				  election for an APH policy in the county in which the organic or transitional
				  cotton in question lies for the current crop year. This price for the coming
				  crop year is published by the USDA Risk Management Agency before December 31 of
				  each year.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.609 - Payment of Assessment

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Organic growers
				  who plant certified organic or transitional cotton will be required to pay an
				  assessment in accordance with the Code, Chapter 74, Subchapter D, and rules
				  adopted thereunder. This assessment will be in the amount set for the entire
				  zone and will be billed in the same manner as all cotton grown in the
				  zone.
(b) Agreements negotiated
				  under §
										3.607 of this chapter (relating to
				  Eligibility for Indemnification) may include provisions for payment of an
				  assessment or reduction of payment to an organic grower in the amount of an
				  assessment for that acreage.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.700 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Board--The
				  board of directors of the Texas Boll Weevil Eradication Foundation, Inc.
(2) Boll weevil--The meaning
				  assigned by Texas Agriculture Code, §
										RSA
				  74.002.
(3) Central collection point--All cotton
				  warehouses, cotton compresses, and other venues collecting harvested and ginned
				  cotton that was produced within a maintenance area, as described and defined in
				  these rules. "Central collection point" shall include a cotton gin only when:
(A) the cotton in question ships directly
				  from the gin to a user or exporter of cotton, and is not stored at a domestic
				  warehouse or compress, and then only for those bales that ship directly; or
(B) when a cotton gin agrees to
				  serve as a central collection point.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.701 - Authority and Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Texas Agriculture Code, §
										RSA
					 74.202 provides the commissioner of
					 agriculture with the authority, by rule, to designate boll weevil and pink
					 bollworm eradication maintenance areas for the continued protection of the
					 cotton industry.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.702 - West Texas Maintenance Area

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The West
				  Texas Maintenance Area shall consist of the following eleven (11) existing
				  contiguous eradication zones: El Paso/Trans Pecos, Northern Rolling Plains,
				  Northwest Plains, Panhandle, Permian Basin, Rolling Plains Central, Southern
				  High Plains/Caprock, Southern Rolling Plains, Northern High Plains, St.
				  Lawrence, and Western High Plains.
(b) In each of the eleven (11) existing
				  contiguous eradication zones listed in subsection (a) of this section, the
				  commissioner has determined that:
(1) the
				  boll weevil has been eradicated;
(2) the zone has satisfied any debt owed to
				  the Foundation;
(3) the cotton
				  grower steering committee for each zone was consulted by the Foundation
				  regarding the inclusion of the zone in the West Texas maintenance area;
				  and
(4) the Foundation board has
				  requested that each zone be included in the West Texas maintenance
				  area.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.703 - West Texas Maintenance Area - Maintenance Fees

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) A maximum per-bale maintenance fee shall
				  be assessed on all cotton grown in the West Texas Maintenance Area. The fee
				  shall be set by the Commissioner on an annual basis and shall be in an amount
				  up to a maximum of $1.50 per bale.
(b) The Board shall submit an annual
				  recommendation to the Commissioner by March 15 regarding the maintenance fee to
				  be used each crop year. Each year, prior to submitting its recommendation to
				  the Commissioner, the Board shall consult with the cotton grower steering
				  committees within the West Texas Maintenance Area to develop a maintenance fee
				  recommendation to submit to the Commissioner.
(c) The Board shall consider the following
				  factors, as applied to the West Texas Maintenance Area, when determining the
				  annual maintenance fee recommendation:
(1)
				  number of cotton acres;
(2)
				  potential for reinfestation;
(3)
				  the length of the growing season;
(4) epidemiology;
(5) historical weather conditions;
(6) expected costs of maintenance program;
				  and
(7) need for an adequate
				  reserve to respond to potential re-infestations in a rapid, effective manner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.704 - West Texas Maintenance Area - Collection of Maintenance Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The first central collection points
				  receiving and shipping cotton produced in the West Texas Maintenance Area shall
				  collect the per-bale maintenance fee on all cotton produced in the area,
				  beginning upon receipt of the notifications from the Commissioner and the
				  Foundation, and continuing until such time as the Commissioner gives notice
				  otherwise.
(b) Beginning on the
				  effective date of this subchapter and continuing for each year thereafter,
				  until such time as the Commissioner gives notice otherwise, the first central
				  collection points shall forward all West Texas Maintenance Area maintenance
				  fees to the Foundation, for cotton grown in the year 2015 or later, on the
				  following schedule:
(1) for all cotton that
				  is sold, paid and shipped by February 15, and not previously submitted and
				  reported, submit to the Foundation by March 1;
(2) for all cotton that is sold, paid and
				  shipped by May 15, and not previously submitted and reported, submit to the
				  Foundation by June 1; and
(3) for
				  all cotton that is sold, paid and shipped by September 15, and not previously
				  submitted and reported, submit to the Foundation by October 1.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.705 - East Texas Maintenance Area

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The East
				  Texas Maintenance Area shall consist of the following four (4) existing
				  contiguous eradication zones: Northern Blacklands, Southern Blacklands, South
				  Texas/Wintergarden, and Upper Coastal Bend.
(b) In each of the four (4) existing
				  contiguous eradication zones listed in subsection (a) of this section, the
				  Commissioner has determined that:
(1) the boll
				  weevil has been eradicated;
(2) the
				  zone has satisfied any debt owed to the Foundation;
(3) the cotton grower steering committee for
				  each zone was consulted by the Foundation regarding the inclusion of the zone
				  in the East Texas maintenance area; and
(4) the Foundation board has requested that
				  each zone be included in the East Texas Maintenance Area.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.706 - East Texas Maintenance Area - Maintenance Fees

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) A maximum per-bale maintenance fee shall
				  be assessed on all cotton grown in the East Texas Maintenance Area. The fee
				  shall be set by the Commissioner on an annual basis and shall be in an amount
				  up to a maximum of $5 per bale.
(b) The Board shall submit an annual
				  recommendation to the Commissioner by March 15 regarding the maintenance fee to
				  be used each crop year. Each year, prior to submitting its recommendation to
				  the Commissioner, the Board shall consult with the cotton grower steering
				  committees within the East Texas Maintenance Area to develop a maintenance fee
				  recommendation to submit to the Commissioner.
(c) The Board shall consider the following
				  factors, as applied to the East Texas Maintenance Area, when determining the
				  annual maintenance fee recommendation:
(1)
				  number of cotton acres;
(2)
				  potential for reinfestation;
(3)
				  the length of the growing season;
(4) epidemiology;
(5) historical weather conditions;
(6) expected costs of maintenance program;
				  and
(7) need for an adequate
				  reserve to respond to potential re-infestations in a rapid, effective manner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.707 - East Texas Maintenance Area - Collection of Maintenance Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The first central collection points
				  receiving and shipping cotton produced in the East Texas Maintenance Area shall
				  collect the per-bale maintenance fee on all cotton produced in the area,
				  beginning upon receipt of notifications from the Commissioner and the
				  Foundation, and continuing until such time as the Commissioner gives notice
				  otherwise.
(b) Beginning on the
				  effective date of this subchapter and continuing for each year thereafter,
				  until such time as the Commissioner gives notice otherwise, the first central
				  collection points shall forward all East Texas Maintenance Area maintenance
				  fees to the Foundation, for cotton grown in the year 2017 or later, on the
				  following schedule:
(1) for all cotton that
				  is sold, paid and shipped by February 15, and not previously submitted and
				  reported, submit to the Foundation by March 1;
(2) for all cotton that is sold, paid and
				  shipped by May 15, and not previously submitted and reported, submit to the
				  Foundation by June 1; and
(3) for
				  all cotton that is sold, paid and shipped by September 15, and not previously
				  submitted and reported, submit to the Foundation by October 1.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter K - MAINTENANCE PROGRAM › Section 3.711 - Penalty and Remedies

Current through Reg. 49, No. 28; July 12,
				  2024
A violation of this subchapter is subject to an
					 administrative penalty not to exceed $5,000 per violation, as prescribed in
					 §
										RSA
					 12.020 of the Texas Agriculture Code. Each
					 day a violation continues may be considered a separate violation for purposes
					 of a penalty assessment.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 6 - SEED ARBITRATION › Section 6.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Board--The State Seed
				and Plant Board as established under the Texas Agriculture Code, §
									RSA
				62.002 which is the board of arbitration for
				complaints filed under this chapter. As a board of arbitration, the State Seed
				and Plant Board, also referred to as the Seed Arbitration Board in that
				capacity, shall conduct arbitration as provided by the Texas Agriculture Code,
				Chapter 64.
(2) Chairman--The
				chairman of the State Seed and Plant Board.
(3) Commissioner--The commissioner of the
				Texas Department of Agriculture or his designee.
(4) Complaint--Unless otherwise noted, a
				sworn statement filed under the Texas Agriculture Code, Chapter 64, alleging
				loss or damages incurred as a result of the failure of the seed to produce or
				perform as represented by warranty or by the label required to be attached to
				the seed under the Texas Agriculture Code, Chapter 64 or as a result of
				negligence.
(5) Department--The
				Texas Department of Agriculture.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 6 - SEED ARBITRATION › Section 6.2 - Field Inspection

Current through Reg. 49, No. 28; July 12,
				2024
Except in the case of seed that has not been planted, the
				  complaint must be filed within the time necessary to permit effective
				  inspection of the plants which are the subject of the arbitration complaint
				  under field conditions. The Board, in its discretion, may allow an inspection
				  conducted of the plants which are the subject of the arbitration complaint as
				  part of a department investigation on a seed complaint filed under the Texas
				  Agriculture Code, Chapter 61, to be used to meet this
				  requirement.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 6 - SEED ARBITRATION › Section 6.3 - Notification Requirements

Current through Reg. 49, No. 28; July 12,
				2024
The purchaser must file the sworn complaint with the
				  commissioner, as required in the Texas Agriculture Code, §
									RSA
				  64.006(a), and at the same
				  time a copy shall be sent to the seller by certified mail.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 6 - SEED ARBITRATION › Section 6.4 - Cost of Arbitration

Current through Reg. 49, No. 28; July 12,
				2024
(a) Arbitration
				filing fee. A nonrefundable filing fee of $500 shall accompany the sworn
				complaint and must be sent to the Texas Department of Agriculture, P.O. Box
				629, Giddings, Texas 78942. If the board recommends to award damages to the
				complainant, the filing fee may be included in the arbitration costs assessed
				to the responsible party.
(b)
				Arbitration expenses. Upon recommendation of the board, all costs of
				arbitration shall be assessed by the commissioner against any party found
				responsible by the board. This includes costs incurred from:
(1) the hiring of an outside
				investigator;
(2) any investigation
				expenses (i.e., telephone costs, mail costs, copy costs, costs for weather
				reports, costs involved in growing out a representative sample of the seed
				involved, and any other relevant costs);
(3) travel expenses incurred by the board,
				any outside investigator and department employees involved in the investigation
				and/or arbitration proceedings;
(4)
				the hiring of an outside arbitrator; and
(5) any arbitration proceeding expenses
				(i.e., meeting room costs, telephone costs, mail costs, copy costs, rental of
				additional equipment requested by the board or parties involved, and any other
				relevant costs).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter A - GENERAL › Section 7.2 - Resident Agents

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any person
				  designated by an out-of-state applicant as a resident agent for service of
				  process in this state pursuant to Subchapters C, D, or E of the Act shall:
(1) be a citizen of this state; and
(2) maintain a permanent address within this
				  state where documents dealing with the administration and enforcement of the
				  Act may be served.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter B - REGISTRATION › Section 7.10 - Registration of Pesticides

Current through Reg. 49, No. 28; July 12,
				  2024
(a) In addition to
				  the requirements contained in the Act, Subchapter C (concerning Registration),
				  the application for registration 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 $600
				  per product registered for a two-year period. This fee may be prorated in
				  accordance with subsection (f) of this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter B - REGISTRATION › Section 7.11 - Label Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
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:
(A) the accepted common name and/or chemical
				  name of all active ingredients;
(B)
				  the percentage by weight of each active ingredient and the percentage by weight
				  of all inert ingredients;
(C) the
				  name for each ingredient using the accepted common name, if there is one,
				  followed by the chemical name; and
(D) 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%);
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter B - REGISTRATION › Section 7.12 - Custom Blends

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A custom blend
				  is a pesticide-fertilizer, pesticide-pesticide, or a pesticide-animal feed
				  mixture that is produced on special request for a specific customer. Custom
				  blends shall only be distributed or prepared according to the following
				  criteria:
(1) the custom blend is prepared to
				  the order of the customer and is not held in inventory by the
				  blender;
(2) the custom blend is to
				  be used on the customer's property (including leased or rented
				  property);
(3) the pesticide(s)
				  used in the custom blend bears end-use labeling directions which do not
				  prohibit use of the product in such a custom blend;
(4) the custom blend is prepared with
				  registered pesticides;
(5) the
				  custom blend is delivered or distributed to the customer along with a copy of
				  the end-use labeling of each pesticide used in the blend and a statement
				  specifying the composition of the mixture; and
(6) no other pesticide production activity is
				  performed at the establishment.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter B - REGISTRATION › Section 7.13 - Special Local Needs

Current through Reg. 49, No. 28; July 12,
				  2024
Before approving the registration of a pesticide under the
					 Act, §76.045, the department shall determine:
(1) that a local need exists;
(2) that the applicant meets all federal
				  requirements for registration of a pesticide;
(3) that the particular use of the pesticide
				  has not been denied, suspended, or canceled by the EPA; and
(4) that the product's efficacy data support
				  the claims made for it in Texas prior to approval of the application by the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter B - REGISTRATION › Section 7.14 - Experimental Use Permits

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All experimental
				  use permits (EUP) shall be issued and approved by the EPA prior to submission
				  to the department for approval.
(b)
				  Application for department approval of the EUP shall contain the following
				  information:
(1) the name and address of the
				  applicant;
(2) the name of the
				  manufacturer of the product;
(3)
				  the name and address of the person responsible for the experimental program, if
				  different from the applicant;
(4)
				  the name of the pesticide approved EUP permit number of the product;
(5) an ingredient statement;
(6) the use(s) requested for the
				  EUP;
(7) the estimated amount of
				  the product to be used;
(8) the
				  name and address of all cooperators and location of the proposed EUP
				  application site(s); and
(9) the
				  proposed method of storage and disposition of any unused experimental use
				  pesticide and its container.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter C - LICENSING › Section 7.20 - Application

Current through Reg. 49, No. 28; July 12,
				  2024
(a) An application
				  for a commercial, noncommercial, or private applicator license will be deemed
				  complete when the applicator has met the applicable licensing
				  requirements.
(b) Application for
				  pesticide dealer or applicator license shall be made on a form prescribed by
				  the department.
(c) Except as
				  provided by Chapter 2, Subchapter B of this title (relating to Consolidated
				  Licenses), the license shall expire on the last day of the month corresponding
				  to the license anniversary date. Renewals made after the expiration date are
				  subject to applicable late fees.
(d) Except as provided by Chapter 2,
				  Subchapter B of this title, licensing time periods and corresponding licensing
				  and renewal fees are:
(1) Dealers: $250 for
				  two years; and
(2) Applicators:
(A) Commercial: $200 for one year;
(B) Noncommercial: $140 for one
				  year;
(C) 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: $75 for one year;
(D)
				  Private: $100 for five years; and
(E) 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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter C - LICENSING › Section 7.22 - Licensing of Applicators

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All pesticide
				  examinations administered 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.
(b) The
				  department may enter into a memorandum of agreement with another state or a
				  federal agency for reciprocity in licensing pesticide applicators.
(c) 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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter C - LICENSING › Section 7.23 - Applicator Business Proof of Financial Responsibility

Current through Reg. 49, No. 28; July 12,
				  2024
Each applicator business, as defined in the Act,
					 §76.111, shall register with the department prior to making any
					 applications of restricted-use or state-limited-use pesticides or regulated
					 herbicides. This requirement shall be satisfied in the following manner.
(1) If the applicator business is a
				  commercial applicator, the applicator shall, on application for the commercial
				  applicator license, attest to the existence of adequate financial
				  responsibility in the amounts and under the terms stated in the Act,
				  §76.111, on a form provided by the department.
(2) An applicator business that is not a
				  licensed commercial applicator, but instead employs one or more licensed
				  commercial applicators, shall attest to the existence of adequate financial
				  responsibility in the amounts and under the terms stated in the Act,
				  §76.111, on a form provided by the department.
(3) Commercial applicators who are employees
				  or agents of an applicator business shall be required to state, on application
				  for their commercial applicator license, the name of the applicator business by
				  whom they are employed. Employees or agents of an applicator business are
				  prohibited from making any applications of restricted-use or state-limited-use
				  pesticides or regulated herbicides until such time as the applicator business
				  has complied with paragraph (2) of this section.
(4) The applicator business shall notify the
				  department within 30 days of any change in the information provided as part of
				  the registration application.
(5)
				  For purposes of this section, financial responsibility means a liability
				  insurance policy in the name of the applicator business meeting the
				  requirements of the Act, §76.111, pertaining to such insurance policies.
				  The department has determined that no other form of financial responsibility is
				  acceptable.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter C - LICENSING › Section 7.24 - Applicator Recertification

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All applicators
				  must meet recertification requirements through completion of approved
				  continuing education activities.
(b) Approved 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 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.
(d) The department shall
				  assign one continuing education unit (CEU) for each 50 minutes of net actual
				  instruction time presented at an approved activity. Accreditation will consist
				  of no less than one CEU for any given course or session. Accreditation in
				  one-half CEUs may be allowed as determined by the department.
(e) 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 recordkeeping 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:
(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;
(J)
				  biotechnology/transgenic crops; or
(K) business ethics; and
(5) 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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter C - LICENSING › Section 7.26 - State Plan for Certification of Applicators

Current through Reg. 49, No. 28; July 12,
				  2024
The department 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 EPA pursuant to the requirements
					 of 7 United States Code
					 §
											136i. A copy of the plan may be
					 obtained upon request from the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter C - LICENSING › Section 7.27 - Applicator Business Registration and Vehicle Identification for Applicator Businesses

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Each applicator
				  business shall register with, and obtain a registration number from the
				  department.
(b) An applicator
				  business vehicle identification decal, issued and provided by the department,
				  shall be prominently affixed to each motor vehicle used by any applicator
				  business that makes applications in the subcategory landscape maintenance of
				  the lawn and ornamental pest control license use category, category 3(A) in
				  §
										RSA 7.21
				  of this subchapter (relating to Applicator Certification).
(c) The term "prominently affix" as used in
				  this section means permanently affixed to the rear window, front fender, or
				  front door panel of the vehicle in a location readily accessible to and
				  viewable by members of the public and department personnel.
(d) The term "motor vehicle" as used in this
				  section means any wheeled or tracked vehicle, machine, tractor, trailer, or
				  semitrailer, but not aircraft, propelled or drawn by mechanical power and used
				  to transport a person or thing.
(e)
				  A motor vehicle is not required to have the decal specified by subsection (b)
				  of this section affixed to it if the vehicle is attached to, pulled by, or
				  transported by another motor vehicle with a required decal affixed.
(f) A motor vehicle is required to have the
				  decal specified by subsection (b) of this section affixed to it only when the
				  activities in subsection (b) of this section are related to a category 3A
				  application.
(g) The decal required
				  by subsection (b) of this section may be obtained by submitting a request to
				  the department on a form prescribed by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.30 - Classification of Pesticides

Current through Reg. 49, No. 28; July 12,
				  2024
(a)
				  State-Limited-Use Pesticides Defined by Active Ingredient.
(1) Except as provided by paragraphs (3) -
				  (4) of this subsection and because of their high potential to cause adverse
				  effects to non-target sites, a pesticide product containing an active
				  ingredient in the following list is classified as a state-limited-use pesticide
				  and subject to the restrictions listed in paragraph (5) of this subsection, as
				  well as all other provisions of law generally applicable to state-limited-use
				  pesticides.
(A) 2,4-Dichlorophenoxyacetic
				  acid (2,4-D); including acid, amine, choline, ester, and salt
				  formulations;
(B)
				  2,4-Dichlorophenoxy butyric acid (2,4-DB);
(C) 2,4-Dichlorophenoxy propionic acid
				  (2,4-DP);
(D)
				  2-Methyl-4-Chlorophenoxyacetic acid (MCPA);
(E) 3,6-Dichloro-o-anisic acid (dicamba);
				  including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA),
				  isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and
				  potassium salt;
(F)
				  3,4-Dichloropropionanilide (propanil);
(G) 5-bromo-3-sec-butyl-6-methyluracil
				  (bromacil);
(H)
				  2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon);
(I) 3,7-dichloro-8-quinolinecarboxylic acid
				  (quinclorac);
(J) Sodium
				  flouoroacetate (Compound 1080); and
(K) Sodium cyanide (M44).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.32 - Records of Distribution

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A person
				  required to be licensed as a pesticide dealer by the Act, §76.071, shall
				  maintain a record of each distribution of a restricted-use pesticide,
				  state-limited-use pesticide, or regulated herbicide for a period of two
				  years.
(b) The record of each
				  distribution required to be kept by this section shall be kept separate from
				  the person's other business records and shall contain:
(1) the name, address, applicator license or
				  certificate number, dealer license number, or veterinary license number of the
				  person to whom the pesticide is distributed;
(2) the date of the distribution;
(3) the brand name and the EPA registration
				  number of the pesticide distributed;
(4) the quantity of the pesticide
				  distributed;
(5) the name and
				  address of any person who took delivery of the pesticide on behalf of, and
				  acting under the authorization of the responsible licensed or certified
				  applicator, including distributions to any entity on behalf of a Texas-licensed
				  pesticide dealer.
(6) if a
				  pesticide that has been classified as a state-limited-use pesticide or a
				  regulated herbicide but not a restricted-use pesticide under FIFRA is made
				  available to an unlicensed person that resides out-of-state, and the person
				  does not intend to use the pesticide in this state, the name and out-of-state
				  address of the person. If the person holds a valid applicator license issued by
				  another state or federal agency, the dealer must record that license number and
				  the state or federal agency that issued the license.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.33 - Records of Application

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The following
				  records of pesticide use shall be maintained for a period of two years:
(1) A person required by the Act to be
				  licensed as a commercial applicator or a noncommercial applicator shall
				  maintain records of each pesticide application regardless of the use
				  classification of the pesticide applied.
(2) A person licensed or certified as a
				  private applicator or licensed as a veterinarian shall maintain records of each
				  application of a restricted-use pesticide, state-limited-use pesticide, or
				  regulated herbicide.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.34 - Storage and Disposal of Pesticides

Current through Reg. 49, No.
				  28; July 12, 2024
(a) No
				  person may dispose of, discard, or store any pesticide or pesticide container
				  in a manner that may cause or result in injury to humans, vegetation, crops,
				  livestock, wildlife, pollinating insects, or pollution of any water supply or
				  waterway.
(b) Pesticides intended
				  for distribution or sale must be displayed or stored within an enclosed
				  building or fenced area, and may not be displayed on sidewalks, parking lots,
				  or similar open areas without surveillance.
(c) Bulk storage tanks, when not enclosed in
				  a secured fenced area or a building, must have a lock on the dispensing
				  device.
(d) Pesticides in leaking,
				  broken, corroded, or otherwise unsafe containers, or with illegible labels
				  shall not be displayed or offered for sale. Such containers shall be removed
				  from display areas and segregated from other pesticides for distribution to
				  prevent environmental contamination or health and safety hazards prior to
				  proper disposal or return to manufacturer.
(e) Pesticide containers, concentrates, spray
				  mixes, container rinsates, and/or spray system rinsates that are to be
				  discarded shall be disposed of in accordance with pesticide label directions
				  and in accordance with the provisions of the Texas Solid Waste Disposal Act,
				  Texas Health and Safety Code, Chapter 361.
(f) The applicator, the owner of the
				  pesticide, and/or the person in control of the mixing site shall be jointly and
				  severally liable for proper storage and disposal of pesticide containers and
				  contents.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.35 - Inspection of Equipment

Current through Reg. 49, No. 28; July 12,
				  2024
All application equipment used for pesticide applications
					 is subject to inspection by the department 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
					 department shall require the needed repairs or adjustments before allowing the
					 use of such equipment.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.36 - Application of Worker Protection Standard

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Workers and
				  handlers must be trained in accordance with WPS.
(b) All certified and licensed applicators or
				  trained trainers who conduct WPS pesticide safety training must:
(1) 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;
(2)
				  issue a copy of an EPA training roster only to a trainee who has been trained
				  in accordance with WPS requirements;
(3) record trainee information on the
				  training roster in ink or other indelible form;
(4) on request, issue copies of training
				  rosters that match EPA specifications or that comply with state variations from
				  such specifications that have prior approval from EPA; and
(5) promptly respond to requests from EPA,
				  state, or tribal agencies or agricultural employers for information concerning
				  issued EPA training rosters.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.37 - Prior Notification Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Except as
				  provided in subsection (n) of this section, the farm operator shall be
				  responsible for meeting prior notification requirements. Responsibility may be
				  transferred by contract to a second party. However, if the effective date of
				  the transfer is unclear, both the farm operator and the second party may be
				  held liable for any violation of these regulations.
(b) All applications of pesticides by ground
				  application equipment, except airblast or mistblowing equipment, are exempted
				  from this section.
(c) 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 a field on which pesticides may be applied;
(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; 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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.38 - Forbidden Pesticide Practices

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  pesticide applicator shall be responsible for complying with the following
				  standards:
(1) 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) The applicator shall stop the application
				  of a pesticide if any person not wearing appropriate protective clothing
				  lawfully enters the area to be treated.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.39 - Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar (LPC)-State-Limited-Use Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) 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, §76.003.
(b) In
				  addition to the definitions set out in the Act, §
										76.001, and §
										7.1 of this chapter (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 commercial applicator
				  license.
(2) Livestock protection
				  collar (LPC)--A collar-like device which has been filled with the active
				  ingredient sodium fluoroacetate (Compound 1080) to control predation.
(3) Registrant agent--A representative of a
				  registrant. Each registrant agent must be a licensed pesticide dealer or a
				  licensed private, commercial, or noncommercial applicator certified in the
				  livestock protection collar subcategory, and approved by the department to
				  distribute livestock protection collars to approved LPC applicators.
(4) Collar pool agent--A person designated by
				  the department to operate a livestock protection collar pool. Each collar pool
				  agent must be a licensed pesticide dealer or county extension agent, a
				  certified private applicator certified in the livestock protection collar
				  subcategory, or a licensed private, commercial, or noncommercial applicator
				  certified in the livestock protection collar subcategory and approved by the
				  department to distribute livestock protection collars to approved LPC
				  applicators.