Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter A - GENERAL › Section 7.1 - Definitions

Current through Reg. 49, No. 28; July 12,
				  2024
In addition to the definitions set out in the Code,
					 §76.001, the following words and terms, when used in this chapter, shall
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Texas Agriculture
				  Code, Chapter 76.
(2)
				  Adjoining--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.
(3)
				  Agricultural commodity--A plant or animal grown for sale, lease, barter, feed,
				  or human consumption and animals raised for farm or ranch work.
(4) Application--The placing of a pesticide
				  on a plant, animal, building, or soil; or its release into the air or water to
				  prevent or destroy pests.
(5)
				  Code--The Texas Agriculture Code.
(6) Commissioner--The commissioner of
				  agriculture of the State of Texas, or the commissioner's designee.
(7) CEU--Continuing Education Unit.
(8) Dealer--Any person who distributes within
				  or into this state any restricted-use or state-limited-use pesticides or
				  regulated herbicides.
(9)
				  EPA--United States Environmental Protection Agency.
(10) Extension--Texas A&M AgriLife
				  Extension Service.
(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.
(12) Farm operator--The person responsible
				  for the overall control and management of the crop.
(13) Formulation--A mixture of active and
				  inert ingredients prepared for use as a pesticide for practical use.
(14) Livestock--Cattle, horses, mules, asses,
				  sheep, goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise
				  defined.
(15) Person--Includes any
				  individual, partnership, association, corporation, company, joint stock
				  association, governmental subdivision, public or private organization of any
				  character, body politic or any organized group of persons, whether incorporated
				  or not, including any trustee, receiver, assignee, or similar representative
				  thereof.
(16) Purchase--A
				  transaction entailing payment for a pesticide, and delivery and/or physical
				  possession of the pesticide to or by a licensed person or a person under the
				  direct supervision of a licensed person.
(17) Regulated herbicide--A herbicide product
				  containing an active ingredient classified as a regulated herbicide by §
										7.30 of this chapter (relating to
				  Classification of Pesticides).
(18)
				  State-limited-use pesticide--Any pesticide product containing an active
				  ingredient classified as a state-limited-use pesticide by §
										7.30 of this chapter (relating to
				  Classification of Pesticides).
(19)
				  Trained trainer--Anyone who has completed an EPA-approved WPS train-the-trainer
				  program or a WPS-trained handler who may train workers only.
(20) Volatility--The tendency of a substance
				  to change from a liquid or solid to a gaseous state. It is the movement of a
				  pesticide in a gaseous state in the air from surface water, soil, or
				  vegetation.
(21) Worker Protection
				  Standard (WPS)--The federal worker protection standard as found in the Code of
				  Federal Regulations, 40 C.F.R. Part 170.