Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 3 - COMPLIANCE AND ENFORCEMENT › Section 7.154 - Incidental Use Situation Fact Sheet

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The Incidental
					 Use Fact Sheet must contain the following text: "This fact sheet must be
					 distributed to all city, county, and state employees who apply general use
					 pesticides and are not licensed by the Texas Department of Agriculture. The
					 fact sheet and instruction must be provided upon initial employment and
					 thereafter must be available as needed. These general use pesticides include
					 insecticides, herbicides, fungicides and rodenticides and involve applications
					 made both inside and outside of structures. Incidental Use is not intended for
					 long term or extensive pest control measures. Where long term pest control is
					 required, a trained, licensed person is to make the applications. Incidental
					 Use is defined as "A pesticide application on an occasional, isolated,
					 site-specific basis that is incidental to the primary duties of an employee and
					 involves the use of general use pesticides after instruction as provided by
					 rules adopted by the department. Examples of Incidental Use Situations are
					 treating fire ants in a transformer box, or treating of ants by a janitor or
					 clerical employee in a break area. Incidental is defined as site-specific and
					 incidental to the employee's primary duties. If it is a part of the employee's
					 primary duty to make applications of pesticides, that employee is required, by
					 law, to obtain a license, depending on the location and type of application. In
					 all cases of incidental use, the employee should use the least hazardous,
					 effective method of controlling pests. If chemicals are to be utilized, they
					 must be applied in strict accordance with manufacturer labels of "General Use"
					 products being used. Applications made inconsistent with the label requirements
					 of the general use product may result in penalties being assessed against the
					 individual and/or the certified noncommercial applicator or technician
					 responsible. "Incidental Use Situation" applications of pesticides are
					 regulated by the department. If you have any questions or comments, contact the
					 department at 866-918-4481; written inquiries may be addressed to the Texas
					 Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847.
(b) The incidental use fact sheet must be
					 provided during pesticide instruction to each employee of the state, a
					 political subdivision of the state, or a non-commercial entity other than a
					 school district whose primary duty is not pest control, and whose work may
					 include tasks subject to the incidental use exception.
(c) Each governmental unit is responsible for
					 distributing the fact sheet to the designated employees.
(d) Primary duty is defined as a job duty
					 that is part of a written job description or is a regularly assigned task of
					 the employee.