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 7.204 - Pesticide Use in School Districts

Current through Reg. 49, No. 28; July 12,
					 2024
All pesticides used by school districts must be
						registered with the United States Environmental Protection Agency (EPA) and the
						department, with the exception of those pesticides that have been exempted from
						registration by the Federal Insecticide, Fungicide, and Rodenticide Act
						(FIFRA), Section 25(b). All pesticides used by school districts must also bear
						a label as required by FIFRA and Chapter
						76 of the Texas
						Agriculture Code. Pesticides intended and labeled for use on humans are exempt
						from this section. Pesticide use must also meet the following
						requirements:
(1) Pest control signs
					 shall be posted at least 48 hours prior to a pesticide application inside
					 school district buildings, including residential properties, as provided for
					 under §
											7.148 of this chapter (relating to
					 Responsibilities of Unlicensed Persons for Posting and Notification).
(2) For outdoor applications made on school
					 district grounds, including residential properties, the treated area must be
					 identified at all entry points with a sign, or must be secured using a locking
					 device, a fence or other practical barrier such as commercially available
					 barrier caution tape, or periodically monitored to keep students out of the
					 treated area until the allowed reentry time.
(3) Pesticides used on school district
					 property shall be mixed outside of student occupied areas of buildings and
					 grounds.
(4) The use of
					 non-pesticide control measures, non-pesticide monitoring tools and mechanical
					 devices, such as glue boards and traps as permitted in accordance with Division
					 7 of this subchapter (relating to Integrated Pest Management Program for School
					 Districts), are exempt from posting requirements. The use of non-pesticide
					 tools and devices by unlicensed school district personnel, for monitoring
					 purposes, shall be permitted. Monitoring by unlicensed school district
					 personnel shall be done only as directed, under the supervision of the IPM
					 Coordinator.
(5) Pesticide
					 applications shall not be made to outdoor school grounds if such an application
					 will expose students to physical drift of pesticide spray particles. Reasonable
					 preventive measures shall be taken to avoid the potential of drift to
					 occur.
(6) School districts are
					 allowed to apply the following pesticides to control pests, rodents, insects
					 and weeds at school buildings, grounds, or other facilities in accordance with
					 the approval for use and restrictions listed for each category:
(A) Green Category Pesticides.
(i) Definition: A pesticide will be
					 designated as a Green Category pesticide if it meets the following criteria:
(I) it contains a CAUTION signal word on the
					 product label, unless no signal word is required to appear on the product label
					 as determined by EPA; and
(II) it
					 consists of the active ingredient boric acid; disodium octoborate tetrahydrate
					 or related boron compounds; silica gel; diatomaceous earth; or belongs to the
					 class of pesticides that are insect growth regulators; microbe-based
					 insecticides; botanical insecticides containing no more than 5% synergist (and
					 does not include synthetic pyrethroids); biological (living) control agents;
					 pesticidal soaps; natural or synthetic horticultural oils; or insect and rodent
					 baits in tamper-resistant containers; or for crack-and-crevice use
					 only;