Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 7 - INTEGRATED PEST MANAGEMENT PROGRAM FOR SCHOOL DISTRICTS › Section 7.205 - Incidental Use for Schools

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The Incidental
					 Use For Schools Fact Sheet must contain the following text: "This fact sheet
					 must be distributed to all employees of school districts who apply general use
					 Green Category pesticides (or Yellow Category pesticides specific to ant, bee
					 and wasp applications) and are not licensed by the Texas Department of
					 Agriculture. The fact sheet, instruction and training must be provided upon
					 initial employment by the school district's IPM Coordinator, and thereafter
					 must be available as needed. These general use Green Category pesticides
					 include insecticides only and involve applications made both inside and outside
					 of structures. Incidental Use is not intended for long term or extensive pest
					 control measures, rather emergency situations where safety of students or
					 workers is at risk and there is insufficient time to contact a licensed
					 applicator. Where long term pest control is required, a trained, licensed
					 person is to make the applications. Examples of Incidental Use situations are
					 treating fire ants in a transformer box or treatments for bees or wasps as a
					 non-routine application to protect children or personnel. Incidental Use is
					 defined as site-specific and incidental to the employee's primary duties. If it
					 is part of the employee's primary duty to make applications of pesticides, that
					 employee is required by law to obtain a Texas Department of Agriculture
					 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. All applications to schools or school grounds must be in
					 compliance with school district IPM policies. If chemicals are utilized, they
					 must be applied in strict accordance with manufacturer labels of products being
					 used. Applications made inconsistent with the Department's law and regulations,
					 or applications made inconsistent with the label requirements of the product
					 may result in an enforcement action being taken against the individual and/or
					 the certified applicator or technician responsible. Incidental pesticide use in
					 schools is regulated by the Texas Department of Agriculture. If you have any
					 questions or comments, contact the Texas Department of Agriculture, phone
					 number 1-866-918-4481 or P.O. Box 12847, Austin, Texas 78711-2847."
(b) The Incidental Use For Schools Fact Sheet
					 must be provided during pesticide instruction and training by the IPM
					 Coordinator to each employee of the school district whose primary duty is not
					 pest control, and whose work may include tasks subject to the exception. The
					 IPM Coordinator must keep records of all the training conducted
					 annually.
(c) 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.
(d) Pest control use records for all
					 incidental pesticide use application, including the reason for application and
					 justification for emergency, must be maintained by the IPM Coordinator for a
					 period of two (2) years.
(e)
					 Incidental pesticide use in school districts is limited to insecticides that
					 are Green and Yellow Category pesticides.