reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.40 - M-44 Sodium Cyanide-State-Limited-Use Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any and all
				  pesticides and devices using sodium cyanide as the active ingredient, including
				  the M-44 device for livestock predation control, shall be classified as
				  state-limited-use pesticides, pursuant to the Act, §76.003. However, this
				  section shall not apply to the use of M-44 sodium cyanide by employees of the
				  Texas Animal Damage Control Service when performing official duties and using
				  M-44 cyanide capsules under the federal government registration.
(b) In addition to the definitions set out in
				  the Act, §
										76.001 and §
										7.1 of this chapter (relating to
				  Definitions), the following words and terms, when used in this section shall
				  have the following meanings unless the context clearly indicates otherwise:
(1) Authorized dealer--A dealer licensed
				  under the Act, §76.071, and specifically approved by the department to
				  distribute M-44 sodium cyanide.
(2)
				  M-44 applicator--A person who has obtained authorization from the department
				  for the use of M-44 sodium cyanide.
(3) M-44 sodium cyanide--Includes the active
				  ingredient sodium cyanide, sodium cyanide capsules, and any device loaded with
				  sodium cyanide for use in livestock predation control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.41 - Application of Coumaphos (Active Ingredient 42%)

Current through
				  Reg. 49, No. 28; July 12, 2024
Products containing coumaphos, with an active ingredient
					 of 42% by weight, which is approved for use on beef or non-lactating dairy
					 cattle or horses, to control horn flies, lice, ticks and screwworms, must be
					 applied in a ventilated area.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter E - REGULATED HERBICIDES › Section 7.50 - General Requirements for Regulated Herbicide Applicators

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The following
				  requirements are applicable to persons applying regulated herbicides in
				  regulated counties. No person shall apply regulated herbicides as defined in
				  §
										7.30 of this chapter (relating to
				  Classification of Pesticides), without first obtaining a spray permit for such
				  application. A blanket permit may be issued to a licensed or certified
				  applicator. The department may require a licensed or certified applicator who
				  has obtained a blanket permit to submit a supplemental report of any regulated
				  herbicide applied under the terms of the permit.
(1) All permits expire when the acreage for
				  which the permit was granted has been sprayed, or 180 days after issuance,
				  whichever occurs first.
(2)
				  Applications of regulated herbicides by brush, mop, wick, basal treatment, or
				  injection method are hereby exempt from the requirements of obtaining a
				  permit.
(3) Applications by an
				  applicator licensed by the Texas Structural Pest Control Service in the Weed
				  Control category as defined in §
											7.124 of this chapter (relating to
				  Structural License Categories) are exempt from the permit requirements of this
				  section.
(4) All persons applying
				  regulated herbicides to lawns are exempt from the permit requirements of this
				  section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter E - REGULATED HERBICIDES › Section 7.51 - Requirements for Special County Provisions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The department
				  shall not accept for adoption any request for special county provisions which
				  will, except as provided by and consistent with the Act, Subchapter G, and
				  regulations adopted thereunder, either directly or indirectly:
(1) exempt applicators from obtaining spray
				  permits, except during periods when susceptible vegetation is at a
				  minimum;
(2) exempt applicators
				  from recordkeeping requirements;
(3) exempt commercial applicators from
				  requirements for proof of financial responsibility;
(4) prohibit the distribution of any
				  herbicide; and/or
(5) require the
				  department to inspect land prior to issuance of spray permits.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter E - REGULATED HERBICIDES › Section 7.52 - Counties Regulated

Current through Reg. 49, No. 28; July 12,
				  2024
The following counties shall be subject to the provisions
					 of the Act, Subchapter G, unless specifically excepted by provisions of §
										7.53 of this chapter (relating to
					 County Special Provisions): Aransas, Austin, Bailey, Baylor, Brazoria, Brazos,
					 Briscoe, Burleson, Childress, Cochran, Collin, Collingsworth, Culberson,
					 Dallas, Dawson, Deaf Smith, Delta, Dickens, Donley, El Paso, Falls, Foard, Fort
					 Bend, Gaines, Galveston, Hall, Harris, Hardeman, Haskell, Hudspeth, Hunt,
					 Jackson, King, Knox, Lamar, Lamb, Loving, McLennan, Martin, Matagorda, Midland,
					 Milam, Moore, Motley, Parmer, Refugio, Robertson, Rockwall, Runnels, San
					 Patricio, Waller, Ward, Wharton, and Wilbarger.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter E - REGULATED HERBICIDES › Section 7.53 - County Special Provisions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Aransas. No
				  permit is required for spraying regulated herbicides during the months of
				  January and February.
(b) Austin.
(1) Only that portion of Austin County lying
				  east and south of the line beginning at the point where State Highway 36
				  crosses the north county line, thence southerly along Highway 36 to FM 949;
				  thence westwardly along FM 949 to the San Bernard River is regulated by the
				  Act, Subchapter G and regulations adopted thereunder.
(2) Between March 15th and July 31st, in that
				  portion of Austin County lying south of Interstate Highway 10, the following
				  restrictions on the use of 2,4-D formulations shall apply:
(A) the application by aircraft is
				  prohibited;
(B) the use of all
				  ester formulations by any method is prohibited.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter F - ENFORCEMENT › Section 7.60 - Enforcement

Current through Reg. 49, No. 28; July 12,
				  2024
In addition to the enforcement powers of the commissioner
					 found in the Act, Subchapter H, the department may enter the premises of a
					 person who engages in any activity regulated under the Act and this chapter
					 during normal business hours to:
(1)
				  examine records;
(2) inspect any
				  apparatus subject to the Act; or
(3) inspect pesticide packaging, labels, and
				  labeling information for compliance with the Act.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter F - ENFORCEMENT › Section 7.61 - Stop Use, Stop Distribution or Removal Order

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) A written or printed order may be issued
				  to any person in possession of a pesticide that has been determined to be in
				  violation of the Act or these regulations.
(b) Upon receipt of an order under this
				  section, a person may not use or distribute a pesticide for which the order was
				  issued without approval of the department.
(c) Reasons for which a Stop Distribution,
				  Stop Use or Removal Order may be issued include, but are not limited to, the
				  following:
(1) a pesticide not currently
				  registered with EPA and/or the department;
(2) a pesticide that does not bear a legible
				  label;
(3) a pesticide that bears
				  an adulterated or incomplete label;
(4) a pesticide in a broken, leaking or
				  otherwise unsafe container;
(5) a
				  pesticide that has been classified as a restricted-use or state-limited-use
				  pesticide or a regulated herbicide that is being distributed without a current
				  pesticide dealer license;
(6) a
				  pesticide that has been classified as a restricted-use or state-limited-use
				  pesticide or a regulated herbicide that is being used by a person that is not
				  an appropriately licensed or certified applicator or working under the direct
				  supervision of an appropriately licensed applicator;
(7) a pesticide whose use has been prohibited
				  or cancelled; or
(8) a pesticide
				  found to be in violation with any provision of the Act or these
				  regulations.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter F - ENFORCEMENT › Section 7.62 - Complaint Investigation

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Any person
				  with cause to believe that any provision of the Act or this chapter has been
				  violated may file a complaint with the department. The department will accept
				  either written or oral notification, but may require that a complaint form be
				  signed in order to conduct an investigation.
(b) Any person who has experienced or is
				  alleging adverse effects from a pesticide application may file a complaint with
				  the department. Such complaint shall be subscribed by the complaining party and
				  set forth in detail the facts of the alleged violation.
(c) The department will investigate the
				  complaint and make a full written report.
(d) This report will be made available to the
				  parties concerned upon written request to the extent provided under the Texas
				  Government Code, Chapter 552.
(e)
				  The department shall, as soon as possible, notify the applicator(s) believed to
				  be responsible for the complaint and the owner or lessee of the land where the
				  application occurred.
(f) The
				  department will not estimate monetary losses sustained.
(g) No finding of violation by the department
				  will be premised solely on the uncorroborated statements of an anonymous or
				  unidentified complainant, but all such complaints will be investigated
				  routinely. For each such complaint, the department will determine the extent of
				  investigation which is appropriate to address the complaint.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter G - PENALTIES › Section 7.70 - Penalties

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Code,
				  §12.020, which provides for the assessment of administrative penalties,
				  applies to a person who violates the Act or these regulations. Failure to pay
				  an administrative penalty assessed by a final order of the department is a
				  violation of these regulations. Failure to pay a final civil penalty judgment
				  in which express findings of a violation are made and which was entered
				  pursuant to the Act shall also constitute a violation of these
				  regulations.
(b) It shall be a
				  violation for a person to distribute restricted-use or state-limited-use
				  pesticides or regulated herbicides without a current pesticide dealer license
				  in accordance with the Act, Subchapter D (relating to Licensing of
				  Dealers).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter G - PENALTIES › Section 7.71 - Use Inconsistent with Label Directions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) 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:
(A) 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;
(B)
				  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;
(C) 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;
(D) mixing a pesticide or pesticides with a
				  fertilizer when such mixture is not prohibited by the labeling;
(E) when a pesticide is applied in
				  conformance with an approved experimental use permit (EUP);
(F) when a pesticide is applied in
				  conformance with an approved emergency exemption granted by EPA to a federal or
				  state agency;
(G) when a pesticide
				  is applied in conformance with an approved special local need registration;
				  and
(H) when a pesticide is applied
				  in any situation receiving prior written approval from EPA;
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 1 - GENERAL PROVISIONS › Section 7.115 - Structural Pest Control Enforcement

Current through Reg. 49, No. 28; July 12,
					 2024
The department has established the following schedule of
						disciplinary sanctions for violations of this subchapter:
Attached
						Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.122 - Applications for Licensing, Registration, Certification, and Approval

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The application
					 for a business license, a certified applicator license, technician license, or
					 for registration as an apprentice under this chapter must be complete and
					 submitted on a form prescribed by the department. Failure to provide complete
					 and accurate information may result in a change of effective date of employment
					 as documented by the department.
(b) A license application may be denied if a
					 same or similar license issued to the applicant by this or another state or
					 federal government has been revoked, suspended, probated or denied during the
					 preceding five (5)-year period for any reason. For the purpose of this section,
					 a license is similar if the license was issued for the practice of an
					 occupation in which professional services are normally provided
					 in-person.
(c) Licensees and
					 applicants residing outside of Texas must designate in writing a resident agent
					 for service of process in actions taken in the administration and enforcement
					 of the SPCA. Each resident agent must be a citizen of Texas and maintain a
					 permanent address within the state.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.123 - Insurance Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Each business
					 license applicant and certified noncommercial applicator license applicant must
					 submit a certificate of insurance with proof of coverage on the form provided
					 by the department in an amount not less than $500,000 for bodily injury and
					 property damage coverage, with a minimum total annual aggregate of $1,000,000
					 for all occurrences. The insurance policy must insure applicant for damage to
					 persons and/or property occurring as a result of operations performed in the
					 course of the business of structural pest control to premises or any other
					 property under applicant's care, custody, or control. No new business license
					 or certified noncommercial applicator license will be issued until insurance
					 requirements are met. Policies must contain a cancellation provision for
					 notification to the department not less than thirty (30) days prior to
					 cancellation.
(b) A licensee who
					 operates as a wood treater who treats wood on commercial property owned by the
					 licensee must submit a general liability insurance policy or certificate of
					 coverage in an amount not less than $500,000 for bodily injury and property
					 damage coverage, with a minimum total annual aggregate of $1,000,000 for all
					 occurrences. No license will be issued until this insurance requirement is met.
					 Policies must contain a cancellation provision for notification to the
					 department not less than thirty (30) days prior to cancellation.
(c) If payment of claims results in reducing
					 the total aggregate of coverage below $1,000,000, the insurance carrier must
					 notify the department and the licensee within ten (10) business days. The
					 licensee must obtain additional coverage to meet the minimum
					 requirements.
(d) Inactive
					 certified applicators and technicians that do not perform structural pest
					 control work for compensation or as a part of the duties of their employment
					 are exempt from insurance requirements.
(e) Certified noncommercial applicators
					 employed by governmental entities are exempt from insurance
					 requirements.
(f) Only those
					 insurance policies issued by insurers authorized by or registered with the
					 Texas Department of Insurance will be considered to meet the requirements of
					 this section.
(g) A structural pest
					 control commercial business or noncommercial certified applicator must maintain
					 general liability insurance with the required minimum coverage during the
					 duration of the licensure period.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.124 - Structural License Categories

Current through Reg. 49, No. 28; July 12,
					 2024
Pest control licenses may be issued in one or more of the
						following categories.
(1) Pest
					 Control--The inspection or control of pests in and around structures or pest
					 animals which may invade homes, restaurants, stores, and other buildings,
					 attacking their contents or furnishings or being a general nuisance, but do not
					 normally attack the building itself. Examples of such pests are cockroaches,
					 silverfish, ants, fleas, ticks, flies, mosquitoes, rats, mice, skunks,
					 raccoons, and opossums.
(2) Termite
					 and Wood Destroying Insect Control--The inspection or control of termites,
					 beetles, or other wood destroying insects and wood preservation by means other
					 than fumigation in buildings, including homes, warehouses, stores, docks, or
					 any other structures. This category includes the treatment of termites in trees
					 in and around structures.
(3) Lawn
					 and Ornamental--The inspection or control of pests or diseases of trees,
					 shrubs, or other plantings in a park or in and around structures, business
					 establishments, industrial parks, institutional buildings, or
					 streets.
(4) Weed Control--The
					 inspection or control of weeds in right-of-ways, around homes, in a park or in
					 and around structures, business establishments, industrial parks, institutional
					 buildings, streets, and industrial environs.
(5) Structural Fumigation--The inspection or
					 control of pests through fumigation of structures not primarily intended to
					 contain food, feed, or grains.
(6)
					 Commodity Fumigation--The inspection or control of pests through fumigation of
					 processed commodities, raw agricultural commodities, or structures normally
					 used to contain commodities. This category does not include the fumigation of
					 agricultural equipment or any agricultural commodity located on the
					 farm.
(7) Wood Preservation--Pest
					 control that involves the addition of preservatives to wood products to extend
					 the life of the wood products by protecting them from damage caused by insects,
					 fungi, and marine borers. Examples of wood products may include crossties,
					 poles, and posts. This includes the re-treatment of power-line poles with wood
					 preservative pesticide including fumigants.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.125 - Examinations

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Examination
					 required. Each individual not previously qualified by examination in the
					 category or categories for which the license is requested must pass an
					 appropriate examination. An application must be submitted to the department
					 specifying the examination category desired and pay the fee for each exam
					 requested prior to the scheduled examination session.
(b) Examination categories. Examinations will
					 be administered, maintained, and evaluated on a routine basis as determined by
					 department examination policy in the following categories:
(1) Pest control;
(2) Termite and Wood Destroying Insect
					 Control;
(3) Lawn and
					 Ornamental;
(4) Weed
					 Control;
(5) Structural
					 Fumigation;
(6) Commodity
					 Fumigation; and
(7) Wood
					 Preservation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.126 - Licensing Qualification Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Certified
					 commercial applicator. In addition to passing the appropriate category
					 examination, in order to be eligible to obtain a certified commercial
					 applicator license, each applicant must pass the general standards examination
					 administered by the department. To be eligible to be licensed in any of the
					 categories in §
											7.125(b) of this
					 chapter (related to Examinations), the applicant must also meet one of the
					 following requirements:
(1) Have verifiable
					 employment in the pest control industry under the supervision of a licensed
					 certified applicator for at least twelve (12) months out of the past
					 twenty-four (24) months and must have possessed a technician's license for at
					 least six (6) months during that time period;
(2) Furnish proof of previous verifiable
					 employment experience in the pest control industry, including out-of-state
					 experience in pest control, for at least twelve (12) months out of the past
					 twenty-four (24) months. The proof of experience must be provided by the
					 applicant in the form of a letter from the appropriate licensing entity stating
					 the type of license held and how long the applicant has held the
					 license;
(3) Have a degree or
					 certificate in an area of the biological sciences related to pest control from
					 an accredited two (2) or four (4)-year college or university;
(4) Have previously held a certified
					 applicator license issued by the department that can be verified by the
					 department; or
(5) Qualify under
					 the hardship clause outlined in §
												7.129 of this chapter (relating to
					 Loss of Responsible Certified Applicator or Business License Holder).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.128 - Fees

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Applicants and
					 licensees will be charged the following fees:
(1) $300 for a business license;
(2) $125 for a certified applicators
					 license;
(3) $125 for a technician
					 license;
(4) $64 per exam in each
					 category;
(5) a renewal fee equal
					 to one-and-a-half (1-1/2) times the normally required renewal fee for
					 applications received ninety (90) days or less after expiration date;
					 and
(6) a renewal fee equal to two
					 (2) times the normally required renewal fee for applications received greater
					 than ninety (90) days but less than one year after expiration
					 date.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.129 - Loss of Responsible Certified Applicator or Business License Holder

Current through Reg. 49, No. 28; July 12,
					 2024
(a) In the event of
					 disability, incapacity, or death of the owner of a licensed business, and upon
					 application of an heir electing to continue the business or noncommercial
					 operation, the Commissioner may allow the operation to continue for a period
					 not to exceed six (6) months. The department must be notified in writing within
					 twenty (20) business days of the disability, incapacity, or death of the
					 business license holder.
(b) Upon
					 the disability, incapacity, death, or loss of a responsible certified
					 commercial applicator or certified noncommercial applicator, the business
					 license holder or the noncommercial operation may request that the Commissioner
					 allow the operation to continue until the next examination date or a reasonable
					 time period as determined by the Commissioner. The department must be notified
					 in writing within twenty (20) business days of the date of the disability,
					 incapacity, loss or death of the certified applicator.
(c) Upon written request, the Commissioner
					 may grant a hardship extension due to extenuating circumstances. The length of
					 the extension is at the discretion of the Commissioner. All requests are
					 subject to review and may require additional documentation.
(d) In the event the Commissioner grants the
					 request for a business or facility to operate for a period of time without the
					 presence of a responsible certified commercial applicator or certified
					 noncommercial applicator, the operation may only apply general use pesticides
					 and may not add any other employees other than a certified applicator during
					 the granted period or until a responsible certified commercial applicator or
					 certified noncommercial applicator, as appropriate, is employed and
					 designated.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.130 - Licensing of Persons with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The department
					 performs criminal background checks on each applicant for examination or a
					 license. Applications to examine for or receive a license, including a renewal,
					 may be delayed as the result of evaluating any criminal activity revealed by
					 this criminal background check.
(b)
					 No currently incarcerated person is eligible to obtain or renew a pest control
					 license.
(c) The department may
					 revoke, suspend, annul, or amend an existing license, disqualify a person from
					 receiving or renewing a license, or deny to a person the opportunity to be
					 examined for a license because of a person's conviction of a felony or a
					 misdemeanor, if the crime directly relates to the performance of the occupation
					 or activity for which the license is issued and the prior criminal conviction
					 directly affects such person's present fitness to perform such occupation or
					 activity.
(d) In determining
					 whether a criminal conviction directly relates to the performance of a licensed
					 occupation or activity, the department shall consider:
(1) the nature and seriousness of the
					 crime;
(2) the relationship of the
					 crime to the purposes for requiring a license to engage in the
					 occupation;
(3) the extent to which
					 a license might offer an opportunity to engage in further criminal activity of
					 the same type as that in which the person previously had been involved;
					 and
(4) the relationship of the
					 crime to the ability, capacity, or fitness required to perform the duties and
					 discharge the responsibilities of the licensed occupation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.131 - Certified Noncommercial Applicator Restrictions

Current through
					 Reg. 49, No. 28; July 12, 2024
(a) A certified noncommercial applicator may
					 not perform commercial pest control services or perform any structural pest
					 control services for a person other than the employer for whom the applicator
					 is certified. A certified noncommercial applicator must not be associated with
					 a licensed structural pest control business unless the applicator is also a
					 certified commercial applicator or technician.
(b) Certified noncommercial applicators that
					 have been licensed for a minimum of two (2) years may become certified
					 commercial applicators by requesting an additional license or change of license
					 and paying the required license fee.
(c) Certified commercial applicators may
					 become certified noncommercial applicators by requesting an additional license
					 or change of license and paying the required license fee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.132 - Requirements for Apprentice Registration

Current through Reg. 49, No. 28; July 12,
					 2024
(a) An apprentice
					 is a beginning employee, whose training program is the responsibility of the
					 responsible certified commercial applicator or certified noncommercial
					 applicator and who may be trained by and work under the direct supervision of
					 licensed certified applicators and technicians.
(b) An apprentice must be at least 16 years
					 of age.
(c) An apprentice must be
					 able to demonstrate proficiency in reading EPA approved pesticide labels and
					 warnings.
(d) An apprentice
					 registration application for technician license must be submitted within ten
					 (10) days of beginning employment and training. Any training completed prior to
					 the date of hire will not count towards required training needed to test and
					 work without physically present supervision.
(e) The application must be submitted on the
					 form prescribed by the department.
(f) A fee shall be charged for each
					 application.
(g) An apprentice card
					 will be issued by the department and valid until the end of the month one (1)
					 year from the month the date employment began when all of the above
					 requirements are met and processed. Failure to provide complete and accurate
					 information may result in a change of the effective date of
					 employment.
(h) Apprentices must
					 not perform any pest control work without the physical presence of a licensed
					 technician or a certified applicator. Upon completion of and documentation of
					 the required study and on-the-job training and demonstrating competency in each
					 area, the apprentice may work alone so long as a certified applicator is
					 physically present for personal instruction three (3) days a week and the
					 apprentice carries their registration card at all times.
(i) The studies and job training required for
					 an apprentice are as follows:
(1) complete at
					 least two (2) hours of classroom training in each of the following general
					 standards training subjects:
(A) federal and
					 state laws regulating structural pest control and pesticide
					 application;
(B) recognition of
					 pests and pest damage;
(C)
					 pesticide labels and label comprehension;
(D) pesticide safety;
(E) environmental protection;
(F) application equipment and
					 techniques;
(G) pesticide
					 formulations and actions;
(H)
					 emergency procedures, pesticide cleanup, and procedures for immediate reporting
					 of spills and misapplication;
(I)
					 basic principles of mathematics, chemistry, toxicology, and entomology;
					 and
(J) non-chemical pest control
					 techniques, including biological, mechanical and integrated pest management
					 techniques.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.133 - Technician License Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
(a) A technician is
					 a person who has qualified for and been issued a technician's license pursuant
					 to the provisions of §
											7.132 of this chapter (relating to
					 Requirements for Apprentice Registration) and whose training and supervision is
					 the responsibility of the responsible certified applicator, and who works under
					 the direct supervision of licensed certified applicators.
(b) A certified applicator registered with
					 the business must be physically present to give verbal instructions to a
					 technician at least one (1) day a week and available during operating hours for
					 questions and instructions as needed.
(c) To add a category to a technician's
					 license, a technician must complete eight (8) hours of classroom hours training
					 and forty (40) hours of on-the-job training prior to taking that category's
					 exam. The training must be recorded on the verifiable training record form
					 prescribed by the department.
(d)
					 The department shall require as a condition of the renewal of each commercial
					 or noncommercial technician's license that the responsible certified applicator
					 must certify on the verifiable training records form that the technician has
					 completed eight (8) hours of verifiable training in the calendar year preceding
					 the calendar year in which the renewal is to take place. No additional training
					 will be required in the first calendar year in which a technician is first
					 licensed. Changing employers or moving to an inactive status does not
					 eliminate, defer or extend the verifiable training requirement.
(1) The eight (8) hours of verifiable
					 training must be selected from the following general standard subject areas:
(A) Federal and state laws regulating
					 structural pest control and pesticide application;
(B) Recognition of pest and pest
					 damage;
(C) Pesticide labels and
					 label comprehension;
(D) Pesticide
					 safety;
(E) Environmental
					 protection;
(F) Application
					 equipment and techniques;
(G)
					 Pesticide formulations and actions;
(H) Emergency procedures and pesticide
					 cleanup, and procedures for the immediate reporting of spills and
					 misapplications;
(I) Basic
					 principles of mathematics, chemistry, toxicology, and entomology; or
(J) Non-chemical pest control techniques
					 including biological, mechanical, and integrated pest management
					 techniques.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.135 - Criteria and Evaluation of Continuing Education Training

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The department
					 shall evaluate continuing education programs and assign the number of qualified
					 category units. No more than one (1) unit will be assigned for any fifty (50)
					 minutes of actual instruction time. Each course must be approved annually by
					 the department. A course's content may be approved for a maximum of two (2)
					 years. After two years, any previously approved course content must be updated
					 to reflect changes in current laws, data and/or scientific research in order to
					 requalify for approval for continuing education credit. The department will
					 consider the learning objectives, technical information given, the accuracy of
					 the information, the relevance of the information to structural pest control,
					 the qualifications of the instructor as determined by the provider, and the
					 amount of actual training or self-study time devoted to each program in the
					 process of evaluation. Each continuing education program, including self-study
					 courses submitted for approval, must contain the following:
(1) a copy of handout materials, if any,
					 which will be available to participants;
(2) inclusive length of time of the course
					 stated in hours and minutes;
(3)
					 date, time, physical address, and city of presentation; or if unknown,
					 agreement to provide two (2) weeks' notice of each date of
					 presentation;
(4) the number of
					 CEUs to be awarded;
(5) the
					 category(ies) of CEU eligibility;
(6) a detailed course outline which will
					 indicate the scope of the course and learning objectives;
(7) videotapes, slides, compact discs, DVDs,
					 download links, or other media presentations, if applicable;
(8) examination for electronic, online, or
					 self-study courses, if applicable;
(9) the course provider's name, physical
					 address, telephone number, e-mail (if available), and company, organization, or
					 institution of higher learning affiliation; and
(10) additional information, as
					 requested.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 2 - LICENSES › Section 7.136 - Criteria and Evaluation of Technician/Noncommercial Certified Applicator Training

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The department
					 must evaluate and approve Technician/Noncommercial Certified Applicator
					 Training course programs. The course must be a minimum of six (6) hours and
					 separate from other required apprentice or continuing education training. Each
					 Technician/Noncommercial Certified Applicator Training Course submitted for
					 approval must contain the following:
(1) a
					 copy of handout materials, if any, which will be distributed to participants
					 during the course;
(2) inclusive
					 length of time of the course stated in hours and minutes;
(3) date, time, and physical address of
					 presentation; or if unknown, agreement to provide two (2) weeks' notice of each
					 date of presentation;
(4) a
					 detailed course outline indicating the scope of the course and learning
					 objectives (the course outline should follow the topics covered in the most
					 recent Texas Pesticide Applicator General manual developed by Texas A&M
					 AgriLife Extension);
(5) the course
					 provider's name, physical address, telephone number, email (if available), and
					 company, organization or institution of higher learning affiliation;
					 and
(6) additional information as
					 requested.
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 7.141 - Identification of Licensees and Apprentices

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Each individual
					 licensee and apprentice shall carry his or her license or registration card at
					 all times when performing structural pest control activities.
(b) Upon request, each individual licensee
					 and apprentice shall present his or her license or registration card to:
(1) a customer;
(2) an employee of the department;
(3) an employee of the Department of State
					 Health Services;
(4) an employee of
					 the U.S. Environmental Protection Agency; or
(5) a state or federal law enforcement
					 officer.
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 7.142 - Notice of Employment or Termination

Current through Reg. 49, No. 28; July 12,
					 2024
(a) It shall be the
					 duty of the business licensee or certified noncommercial applicator to inform
					 the Department in writing of its employment and/or termination of all licensees
					 and apprentices.
(b) Notice of
					 employment of all licensees and apprentice registrations must be received by
					 the department within ten (10) days of the date of employment and must include
					 the full name and license number of the employee, if applicable, the date of
					 employment, the facility location where the employee training records will be
					 maintained, and other information as may be required.
(c) Notice of termination must include the
					 former employee's name, license number, date of termination, and the employer's
					 name and license number. Notice of termination must be received by the
					 department within ten (10) days of the date of termination.
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 7.143 - Employee Supervision

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The responsible
					 certified applicator is responsible for the supervision and training of all
					 licensed or registered personnel and the handling, storage and use of
					 pesticides and devices by all employees of a pest control business.
(b) In order to provide adequate supervision,
					 the responsible certified applicator or designated certified applicator must be
					 physically present to give verbal instructions to an apprentice at least three
					 (3) days a week and to a technician at least one (1) day a week. The
					 responsible certified applicator employed by the business must also be
					 available during business operating hours for questions and instructions, as
					 needed.
(c) Apprentices shall not
					 perform pest control services without physical supervision until they have
					 completed all classroom training and on-the-job training and have demonstrated
					 proficiency, and verification has been entered in their training records by a
					 licensed certified applicator.
(d)
					 The business license holder and the responsible certified commercial applicator
					 or certified noncommercial applicator shall be responsible for actions of
					 employees when they are performing pest control operations.
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 7.144 - Pest Control Use Records

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The responsible
					 certified applicator or certified noncommercial applicator shall ensure that
					 correct and accurate records of all uses of pesticides and pest control devices
					 registered with the Environmental Protection Agency (EPA) and the department,
					 including those pesticides that have been exempted from registration by the
					 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 25b, are
					 maintained for a period of two (2) years. Pest records must be kept on the
					 premises of the business facility location or, in the case of a certified
					 noncommercial applicator, the employer's premises. The records must include,
					 but are not limited to:
(1) the billing name
					 and address of the customer, or the employer for whom a noncommercial
					 applicator is working;
(2) service
					 address where the pesticides and/or devices were used, except that for utility
					 pole re-treatments, records shall be kept for the location of each pole
					 treated;
(3) names of pesticides
					 and EPA registration numbers, if they are registered or pest control devices
					 used;
(4) total amounts of each
					 pesticide applied where the percentage of active ingredient was not changed
					 (ready to use pesticides);
(5) pest
					 control devices used and total number of each device;
(6) the mixing rate and total amount of
					 material applied or the percentage of active ingredient(s) and total amount of
					 material applied for manufacturer's formulations that are mixed with water or
					 other material, if applicable;
(7)
					 the target pest or purpose for which the pesticides or devices were
					 used;
(8) date the pesticides or
					 pest control devices were used; and
(9) the name, and license number of the
					 person(s) receiving training, supervising, and applying pesticides or using
					 pest control devices and the TPCL number (and letter if applicable) of the
					 commercial business for which they are performing structural pest control
					 services.
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 7.145 - Contracts and Invoices

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Each written
					 contract, warranty, service agreement, termite disclosure document, or
					 guarantee of a business regulated by the department must contain on the face of
					 the document the business name, business license number (and letter if
					 applicable), physical address or mailing address, telephone number, and the
					 jurisdiction statement: "Licensed and regulated by: Texas Department of
					 Agriculture, P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481, Fax
					 (888) 232-2567."
(b) The business
					 name, business license number (and letter if applicable), telephone number, and
					 physical address or mailing address must be on the face of any
					 invoice.
(c) The requirements in
					 subsections (a) and (b) of this section must be legible and print shall be in
					 at least 8-point type.