reglab/statecodes huggingface dataset:
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 7.146 - Pest Control Sign

Current through Reg. 49, No. 28; July 12,
					 2024
(a) A pest control
					 sign must be provided by the licensee to a residential rental property owner or
					 manager at least 48 hours prior to a planned indoor treatment at a residential
					 rental property with five (5) or more rental units.
(b) A pest control sign must be provided by
					 the licensee to the employer or building manager at least 48 hours prior to a
					 planned indoor treatment at a workplace.
(c) A pest control sign must be provided by
					 the licensee to the chief administrator, IPM Coordinator, or building manager
					 at least 48 hours prior to a planned indoor treatment at a hospital, nursing
					 home, hotel, motel, lodge, warehouse, food-processing establishment, school or
					 educational institution, or day care center.
(d) A person may not be considered in
					 violation of this section if the space to be treated is vacant, unused, and
					 unoccupied, or if extenuating circumstances require an emergency
					 treatment.
(e) Each pest control
					 sign must be at least 8 1/2 inches by 11 inches in size and contain the
					 required information with the first line in a minimum of 24-point type
					 (one-fourth inch) and all remaining lines in a minimum of 12-point type
					 (one-eighth inch). The addition of advertising and logos to the sign is
					 permissible to the extent that such advertising does not interfere with the
					 purpose of public notification of a pest control treatment. A standard sign in
					 Spanish is available from the department upon request. The sign shall appear in
					 a format approved by the department. The text and format of the sign is
					 available on the Structural Pest Control Service website at:
http://www.TexasAgriculture.gov
/spcs,
					 or by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin,
					 TX 78711-2847, (866) 918-4481.
(f)
					 In the space marked "For more information call or contact," the telephone
					 number to obtain information on the pesticide(s) used must be listed, such as
					 the contact number for the apartment manager, building manager, IPM
					 Coordinator, or pest control operator.
(g) In the space marked "phone number of
					 hotline for pesticide information," the following wording must be used:
					 National Pesticide Information Center 1-800-858-7378.
(h) If a workplace has its own pesticide
					 information center, the workplace center telephone number may be listed rather
					 than the information in subsection (g) of this section.
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 7.147 - Consumer Information Sheet

Current through Reg. 49, No. 28; July 12,
					 2024
(a) For an indoor
					 treatment at a private residence that is not a rental property, the certified
					 applicator or technician must make the consumer information sheet available to
					 the owner of the residence.
(b) For
					 an indoor treatment at a residential rental property with less than five (5)
					 rental units, the certified applicator or technician must make the consumer
					 information sheet available to each resident, upon request, at the time of each
					 treatment.
(c) For an indoor
					 treatment at a residential rental property with five (5) or more rental units,
					 the certified applicator or technician must make the consumer information sheet
					 available to the owner or manager of the complex. The certified applicator or
					 technician must also supply the owner or manager with a pest control sign. The
					 owner or manager or an employee or agent of the owner or manager, other than
					 the certified applicator or technician, must notify residents who live in
					 direct or adjacent areas of the treatment by:
(1) posting the sign in an area of common
					 access to residents at least 48 hours before each planned treatment;
					 or
(2) distributing application
					 information consistent with §
												7.146 of this chapter (relating to
					 Pest Control Sign), at least 48 hours before each planned treatment by leaving
					 the sign on the front door of each unit or in a conspicuous place inside each
					 unit.
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 7.148 - Responsibilities of Unlicensed Persons for Posting and Notification

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Owners or
					 managers of residential rental properties with five (5) or more units must:
(1) post a pest control sign at least 48
					 hours before the planned indoor treatment in an area of common access to
					 residents; or
(2) distribute the
					 application information consistent with §
												7.146(e) of this
					 chapter (relating to Pest Control Sign) to each unit planned to be treated and
					 each unit adjacent to those planned to be treated or in an adjacent or area of
					 common access at least 48 hours before the planned time of treatment;
					 and
(3) make the consumer
					 information sheet available upon request.
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 7.149 - Inspections

Current through Reg. 49, No. 28; July 12,
					 2024
Each licensed pest control business shall be inspected at
						least once in the business's first year of receiving a license and at least
						every four (4) years thereafter. School districts will be inspected at least
						once every five (5) years. The department may waive these requirements due to
						department staff availability, budgetary constraints, inspection trends, or
						operational efficiencies. Businesses and school districts demonstrating a lack
						of compliance with department rules may be inspected more frequently than every
						four (4) years for businesses and every five (5) years for school districts
						based on risk using the following elements of consideration:
(1) prior violations;
(2) prior inspection results; and
(3) prior complaints.
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 7.150 - General Standards for Use of Pesticides

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Use of a
					 pesticide shall be made consistent with the pesticide's 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;
(2) tank mixing of
					 pesticides, or using application techniques, or equipment prohibited by the
					 label; or
(3) failure to observe
					 reentry intervals.
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 7.151 - General Standards for Storage and Disposal of Pesticides

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Storage and
					 disposal of a pesticide and/or its container shall be made consistent with the
					 pesticide's labeling.
(b) No person
					 may dispose of, discard, or store any pesticide or pesticide container in a
					 manner that may cause or result in injury to humans, vegetation, crops,
					 livestock, wildlife, pollinating insects, or pollution of any water supply or
					 waterway.
(c) The applicator, the
					 owner of the pesticide, and/or the person in control of the mixing shall be
					 jointly and severally liable for proper storage and disposal of pesticide
					 containers and contents.
(d) The
					 name on either the pesticide label or the specimen label shall be written on
					 the pesticide container if the name of the pesticide is not on the pesticide
					 container and the pesticide's identity is known. Nothing in this subsection
					 shall be construed as authorizing the misbranding of a pesticide as defined in
					 §
											RSA
					 76.023 of the Texas Agriculture
					 Code.
(e) A person storing a
					 pesticide shall maintain the complete label of that pesticide, in hard copy,
					 for as long as the pesticide is being stored. If the complete label is not
					 available and the pesticide's identity is known, the person storing the
					 pesticide shall obtain a hard copy of the EPA pesticide label.
(f) For every pesticide that is being stored,
					 a hard copy of the complete label, shall be made immediately available for
					 inspection to the department's inspector at the site where the pesticide is
					 being stored.
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 7.152 - Advertising

Current through Reg. 49, No. 28; July 12,
					 2024
(a) A licensee must
					 not use false, misleading, or deceptive advertising. Examples of statements or
					 representations which constitute false, misleading, or deceptive advertising
					 include the following:
(1) a false or
					 misleading statement concerning the composition of products used;
(2) a false or misleading statement
					 concerning the effectiveness of a product as a pesticide or device;
(3) a false or misleading statement about the
					 value of the product for purposes other than as a pesticide or
					 device;
(4) a false or misleading
					 comparison with other pesticides;
(5) a statement directly or indirectly
					 implying that a pesticide or device is recommended or endorsed by any agency of
					 the state or federal government, such as "EPA Registered" or "EPA
					 Approved";
(6) a true statement
					 used in such a way as to give a false or misleading impression to the
					 consumer;
(7) disclaimers or claims
					 which negate or detract from labeling statements on the product
					 label;
(8) claims as to the safety
					 of a pesticide or its ingredients, including statements such as "free from risk
					 or harm", "safe", "non-injurious", "harmless", or "non-toxic to humans and
					 pets", with or without such a qualifying phrase as "when used as
					 directed";
(9) claims that the
					 pesticides and other substances the licensee applies, the application of such
					 pesticides, or any other use of them are comparatively safe or free from risk
					 or harm;
(10) claims that the
					 pesticides and other substances the licensee applies, the applications of such
					 pesticides, or any other use of them, are "environmentally friendly",
					 "environmentally sound", " environmentally aware", " environmentally
					 responsible", " pollution approved", "contain all natural ingredients",
					 "organic", or are "among the least toxic chemicals known"; and
(11) claims regarding its goods and services
					 for which the licensee does not have substantiation at the time such claim is
					 made.
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 7.156 - Entry and Access

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The department
					 may conduct investigations and inspections of structural pest control
					 activities involving any person in this state to determine compliance with the
					 SPCA, and department rules.
(b) In
					 conducting investigations, the department may:
(1) enter the premises of a licensee,
					 business, or facility during normal business hours to examine records, question
					 witnesses, inspect pesticides and equipment used for pest control, and collect
					 samples;
(2) enter premises where
					 individuals are performing or are suspected of performing pest control
					 operations to inspect the use of pesticides and devices, question any
					 individuals who may have relevant knowledge or information, check employee
					 credentials, collect samples, identify pests, and inspect equipment;
					 and
(3) on public property, inspect
					 pesticides and equipment, and question employees of persons conducting or
					 suspected of conducting structural pest control activities.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 4 - UNLAWFUL ACTS AND GROUNDS FOR REVOCATION › Section 7.162 - Suspension or Revocation

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Suspension or
					 revocation of any license under the provisions of §
											7.161 of this chapter (relating to
					 Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal to
					 Examine, Refusal to Issue or Renew Licenses) shall not be for less than ten
					 (10) days nor more than two (2) years at the discretion of the department. If a
					 license is suspended or revoked under the provisions thereof, the licensee
					 shall, within five (5) days of such suspension or revocation, surrender all
					 licenses and identification cards issued thereunder to the Commissioner or the
					 Commissioner's designee.
(b) A
					 licensee who is notified that the department intends to suspend or revoke the
					 licensee's license must ask for a hearing by filing a petition with the
					 Commissioner or the Commissioner's designee within twenty (20) days of the date
					 of the letter sent to the licensee. The petition shall set out legal basis and
					 supporting facts for challenging the department's decision and the relief
					 sought by the petitioner including a request for hearing. Upon receipt of the
					 petition, if the Commissioner or the Commissioner's designee determines that
					 the petition is within the jurisdiction of the department, the Commissioner or
					 the Commissioner's designee shall request a hearing before the State Office of
					 Administrative Hearings.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 5 - TREATMENT STANDARDS › Section 7.172 - WDI Post Construction Treatments

Current through Reg. 49, No. 28; July 12,
					 2024
(a) All pesticides
					 used for post construction termite treatments must be registered with the
					 Environmental Protection Agency and the department. All pesticide liquid
					 applications must be made by using the application rates and methods and by
					 following the precautionary statements on the labeling of the pesticide being
					 used. All termite baiting system applications must be made using the methods
					 and following the precautionary statements on the product label.
(b) A treatment of less than the entire
					 structure will be permitted to accommodate the customer's requests to allow the
					 treating company to perform the job in a manner prescribed by their
					 professional evaluation and label requirements.
(c) All treatments must strictly adhere to
					 the procedures outlined in the disclosure statement required in §
											7.174 of this chapter (relating to
					 Wood Destroying Insect Treatment Disclosure Documents). A deviation will be
					 permitted when unexpected circumstances occur necessitating a change in the
					 treatment and the applicator responsible for the treatment provides the
					 customer with a written addendum to the contract or disclosure documents at the
					 completion of the treatment.
(d)
					 Upon completion of a termite treatment, or installation of a baiting system,
					 the company responsible for providing the treatment must leave a durable
					 sticker of not less than one (1) inch by two (2) inches in size on the wall
					 adjacent to the water heater, electric breaker box, or beneath the kitchen sink
					 giving the name, address, and telephone number of the business licensee, name
					 and license number of the applicator, product used, the date of the treatment
					 or installation of the baiting system, and a statement that the notice should
					 not be removed.
(e) The business
					 license holder or certified noncommercial applicator must keep and maintain a
					 correct and accurate copy of the Wood Destroying Insect Treatment Disclosure
					 Documents for a period of two (2) years.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 5 - TREATMENT STANDARDS › Section 7.175 - Official Wood Destroying Insect Report Inspection Procedures

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Inspections for
					 the purpose of issuing a WDIR must be conducted in a manner consistent with the
					 procedures described in this section by a licensed certified applicator or
					 technician in the Termite and Wood Destroying Insect Control category. The
					 printed name and registration number or license number of any employees
					 receiving training that are present for the inspection must be listed on the
					 report. The purpose of the inspection is to provide a WDIR regarding the
					 absence or presence of wood destroying insects and conditions conducive to wood
					 destroying insect infestation. The inspection should provide the basis for
					 recommendations for preventive or remedial actions, if necessary, to minimize
					 economic losses. Only for purposes of a Real Estate Transaction Inspection
					 Report, as described in §
											7.176 of this chapter (relating to
					 Real Estate Transaction Inspection Reports), there must be visible evidence of
					 active infestation in the structure or visible evidence of a previous
					 infestation in the structure with no evidence of prior treatment to recommend a
					 corrective treatment. The inspection must be conducted so as to ensure
					 examination of all visible accessible areas in or on a structure in accordance
					 with accepted procedures. While such an examination may reveal wood destroying
					 insects, there are instances when concealed infestations and/or damage may not
					 be discovered. Examinations of inaccessible or obstructed areas are not
					 required.
(b) Inaccessible or
					 obstructed areas recognized by the department include, but are not limited to:
(1) inaccessible attics or portion
					 thereof;
(2) the interior of hollow
					 walls, spaces between a floor, or porch deck and the ceiling or soffit
					 below;
(3) such structural segments
					 as porte cocheres, enclosed bay windows, buttresses, and similar areas to which
					 there is no access without defacing or tearing out lumber, masonry, or finished
					 work;
(4) areas behind or beneath
					 stoves, refrigerators, furniture, built-in cabinets, insulation, and floor
					 coverings; and
(5) areas where
					 storage conditions or locks make inspection impracticable.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 5 - TREATMENT STANDARDS › Section 7.176 - Real Estate Transaction Inspection Reports

Current through Reg. 49, No. 28; July 12,
					 2024
(a) All inspection
					 reports issued regarding the visible presence or absence of termites, other
					 wood destroying insects and conditions conducive to infestation of wood
					 destroying insects in connection with a real estate transaction must be made on
					 a form prescribed by the department. Forms must be maintained in the inspection
					 file. No alterations or revisions to the department-prescribed form are
					 permitted; however, larger graphs, photos, or other supporting documentation
					 may be attached as an addendum to supplement preexisting information.
(b) Lending providers such as the Department
					 of Veterans Affairs may require the inspection results on another form. That
					 form is supplemental to the required department form and must be maintained in
					 the inspection file.
(c) The
					 department report form includes a space to report conditions consistent with
					 §
											7.175 of this chapter (relating to
					 the Official Wood Destroying Insect Report Inspection Procedures), which is
					 available at:
http://www.TexasAgriculture.gov
/spcs/,
					 or by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin,
					 TX 78711-2847, (866) 918-4481.
(d)
					 For each inspection, copies of the completed form must be prepared for:
(1) the person who ordered the inspection;
					 and
(2) business files of the
					 business licensee issuing the report.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 5 - TREATMENT STANDARDS › Section 7.177 - Posting Notice of Inspection

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Upon completion
					 of an inspection for the purposes of completing a WDIR, the licensee must post
					 a durable sticker on the wall adjacent to the water heater, electric breaker
					 box, or beneath the kitchen sink giving the name and license number of the
					 licensee, the date of the inspection, and a statement that the sticker should
					 not be removed.
(b) It is a
					 violation of this section for any licensee to remove or deface a posted
					 inspection sticker.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 6 - STRUCTURAL PEST CONTROL ADVISORY COMMITTEE › Section 7.191 - Purpose of the Committee

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The Structural
					 Pest Control Advisory Committee shall be composed of eleven (11) members
					 appointed by the Commissioner.
(b)
					 The Committee shall meet regularly, as prescribed by §
											7.196 of this chapter (relating to
					 Committee Meetings), to consider matters relating to the regulation and
					 licensing of persons engaged in the business of structural pest control. The
					 Commissioner, or the Commissioner's designee, shall have the authority to
					 direct that the Committee include on its agenda any matters relating to the
					 business of structural pest control, or the licensing and regulation of persons
					 engaged in that business.
(c) The
					 Committee shall gather and provide information to the Commissioner regarding
					 the practice of structural pest control in order to aid the Commissioner and
					 the department to provide excellent customer service to the public and the
					 structural pest control industry, to enhance educational and professional
					 standards of license holders, and to protect the health, safety and welfare of
					 the public.
(d) The Committee shall
					 advise the Commissioner and the department regarding the licensing and
					 regulation of persons engaged in structural pest control, including advice on:
(1) education and curricula requirements for
					 applicants for licensure;
(2) the
					 content of examinations of applicants;
(3) proposed rules on technical issues
					 related to structural pest control and enforcement of laws related to
					 structural pest control;
(4)
					 standards and criteria for the issuance of licenses;
(5) fees for licenses; and
(6) other issues relating to the practice of
					 structural pest control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 6 - STRUCTURAL PEST CONTROL ADVISORY COMMITTEE › Section 7.192 - Rules Governing Operation of the Committee

Current through Reg. 49, No. 28; July 12,
					 2024
(a) At the first
					 meeting of each year, a Chairman and a Vice-Chairman shall be elected by the
					 members of the Committee for a term of one (1) year.
(b) The Chairman of the Committee is
					 responsible for:
(1) setting an agenda for
					 each committee meeting; and
(2) may
					 add an item to an agenda on request by the department or
					 Commissioner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 6 - STRUCTURAL PEST CONTROL ADVISORY COMMITTEE › Section 7.193 - Appointment of Committee Members

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The
					 Commissioner appoints members of the Committee, other than the Commissioner of
					 State Health Services.
(b) The
					 Commissioner may solicit recommendations for prospective Committee members from
					 industry trade associations, consumer advocacy groups, Boards of Regents of
					 colleges and universities or any other groups or entities that have reason to
					 be knowledgeable about or concerned with the structural pest control
					 industry.
(c) The department shall
					 develop a form that prospective Committee appointees must complete prior to
					 being appointed to the Committee. The form shall be designed to elicit all
					 information necessary to determine whether the person is qualified to serve as
					 a Committee member.
(d) The
					 Commissioner shall make appointments to the Committee during January of each
					 odd-numbered year, or as necessary to fill vacancies.
(e) The Commissioner may consider the
					 geographic ties of prospective Committee members to assure that the interests
					 of all geographic areas of Texas are represented.
(f) Other than the Commissioner of State
					 Health Services, a person may serve no more than two (2) consecutive four (4)
					 year terms as a member of the Committee.
(g) To qualify as a member of the Committee
					 who is from an institution of higher education, an individual must have a
					 post-graduate (masters or doctoral) degree and be, at the time of appointment,
					 employed in a teaching capacity at an institution of higher education and have
					 experience teaching courses that demonstrate that the individual is
					 knowledgeable in the science of pests and pest control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 6 - STRUCTURAL PEST CONTROL ADVISORY COMMITTEE › Section 7.196 - Committee Meetings

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The Committee
					 shall meet at least once during each quarter of a calendar year.
(b) The Committee may meet on other occasions
					 at the direction of the Commissioner.
(c) Meetings of the Committee shall be posted
					 and held in conformity with the Texas Open Meetings Act.
(d) In order for the Committee to meet and
					 take any action, at least six (6) of the eleven (11) members must be present to
					 constitute a quorum.
During the first meeting of each calendar year the
						Committee will include on its agenda as an item of business a self-assessment
						of its actions during the prior year.
(e) The Committee shall conduct its meetings
					 using procedural rules which substantially comport with Robert's Rules of
					 Order.
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 7.201 - Responsibility of School Districts

Current through Reg. 49, No. 28; July 12,
					 2024
Each school district shall establish, implement, and
						maintain an Integrated Pest Management (IPM) program. An IPM program is a
						regular set of procedures for preventing and managing pest problems using an
						integrated pest management strategy, as defined in §
											7.114 of this chapter (relating to
						Definitions. The school district is responsible for each IPM Coordinator's
						compliance with these regulations.
(1)
					 The IPM program shall contain these essential elements:
(A) a school board approved IPM policy,
					 stating the school district's commitment to follow integrated pest management
					 guidelines in all pest control activities that take place on school district
					 property. The IPM policy statement shall include:
(i) a definition of IPM consistent with this
					 section;
(ii) a reference to Texas
					 laws and rules governing pesticide use and IPM in public schools;
(iii) information about who can apply
					 pesticides on school district property; and
(iv) information about designating,
					 registering, and required training for the school district's IPM Coordinator.
					 The Superintendent and IPM Coordinator will maintain a copy of the
					 policy.
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 7.202 - Education Requirements and Responsibilities of IPM Coordinators

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The IPM
					 Coordinator(s) shall successfully complete a department-approved IPM
					 Coordinator training course within six (6) months of appointment and obtain at
					 least six (6) hours of department-approved IPM CEUs every three years. The
					 three-year period will begin on the date the IPM Coordinator receives initial
					 training after being appointed by the superintendent. No course may be repeated
					 for credit within the same three-year period. One of the six (6) CEUs must be
					 related to laws and regulations specific to IPM programs in schools. IPM
					 Coordinators may satisfy the CEU requirements through one or more of the
					 following methods:
(1) completing a
					 department-approved training course for IPM Coordinators;
(2) completing courses that have been
					 approved in the pest, lawn and ornamental, weed control or general IPM
					 category; or
(3) submitting
					 information for a course completed, that was not previously approved by the
					 department, for the evaluation of credit. The information must include the name
					 of the instructor(s), verification of attendance at the course, length of time
					 of the course stated in hours and minutes, a detailed course outline indicating
					 the scope of the course and learning objectives, and the number of continuing
					 education units requested. Additionally, the IPM Coordinator must demonstrate
					 that the course content is appropriate and pertinent to the use of pesticides
					 and the implementation of IPM strategies at school buildings and other school
					 district facilities.
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 7.203 - Responsibilities of Certified Applicators and Licensed Technicians

Current through Reg. 49, No. 28; July 12,
					 2024
The certified commercial or noncommercial certified
						applicator or licensed technician shall:
(1) apply only EPA labeled pesticides,
					 appropriate for the target pest, except as provided in Division 7 of this
					 subchapter (relating to Integrated Pest Management Program for School
					 Districts);
(2) provide the
					 structural pest management needs of the school district by following the school
					 district's IPM program and these regulations;
(3) obtain written approval from the IPM
					 Coordinator(s) for the use of pesticides in accordance with Division
					 7;
(4) handle and forward to the
					 IPM Coordinator(s) records of IPM activities, any complaints relating to pest
					 problems, and pesticide use;
(5)
					 ensure that pesticide use records are forwarded to the IPM Coordinator within
					 two (2) business days or in a time frame as agreed to by the IPM
					 Coordinator;
(6) consult with the
					 IPM Coordinator(s) concerning the use of control measures in buildings and
					 grounds, including residential properties; and
(7) ensure that all pest control activities
					 are consistent with the school district's IPM program and IPM policy.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.1 - General Provisions

Current through Reg. 49, No. 28; July 12,
				2024
(a) Purpose. The
				purpose of this chapter is to:
(1) provide
				agricultural workers and their designated representatives with access to
				information regarding certain hazardous chemicals to which they may be exposed
				during their normal employment activities, during reasonably foreseeable
				emergency situations, or as a result of their close proximity to areas where
				those chemicals are used;
(2)
				provide access to information regarding hazardous chemicals to certain
				emergency service organizations responsible for dealing with chemical hazards
				during emergency situations in close proximity to residential areas, to provide
				the department with access to information regarding chemicals covered by the
				Act and this chapter, and to provide members of the community with information
				about hazardous chemicals used or stored in close proximity to their
				residences; and
(3) provide
				treating medical personnel and authorized persons, including persons conducting
				epidemiological research, with access to information regarding chemicals
				covered by the Act and this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the statutory definitions in the Act and
				  general definitions for Title 4, Part 1 contained within Rule 1.1, the
				  following words and terms, when used in this chapter, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Act--The Agricultural Hazard
				Communication Act, Texas Agriculture Code, Chapter 125.
(2) Agricultural or horticultural commodity
				in its unmanufactured state--An agricultural or horticultural commodity is in
				its unmanufactured state until the desirable portion of the agricultural plant
				is detached from its parent or the whole agricultural plant is separated from
				its growth media and removed from the work area. For horticultural commodities
				grown at the retail sales site, a commodity is in its unmanufactured state
				until it is sold and taken from the retail sales site.
(3) Covered pesticide chemical--Any substance
				containing any element, chemical compound, or mixture of elements or compounds
				registered under the Federal Insecticide, Fungicide, and Rodenticide Act,
				RSA
				136 et seq. This includes general,
				restricted, or state-limited-use products as packaged by the
				manufacturer.
(4) Crop sheet--A
				document developed by the department to fulfill the requirements of the Act,
				§125.010.
(5)
				Distribute--Offer for sale, hold for sale, sell, barter, or supply.
(6) Employer--
(A) Any person who:
(i) operates an agricultural
				establishment;
(ii) contracts with
				the operator of an agricultural establishment in advance of, during, or after
				production to control or purchase a crop and uses a covered pesticide chemical
				on an agricultural or horticultural commodity in its unmanufactured state;
				or
(iii) either directly or
				indirectly recruits, solicits, hires, employs, utilizes, furnishes, or
				supervises agricultural laborers.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.3 - Agricultural Laborer

Current through Reg. 49, No. 28; July 12,
				2024
(a) The terms
				"agricultural laborer" or "laborer" as used in this chapter mean an individual
				who does one or more of the following activities at an agricultural
				establishment including a farm, a tree or sod farm, ranch, packing shed,
				greenhouse, or nursery:
(1) plants,
				cultivates, harvests, or handles an agricultural or horticultural commodity in
				its unmanufactured state. "Agricultural laborer" includes, but is not limited
				to, field workers who plant, weed, thin, cultivate, detassel, hoe, irrigate,
				harvest, tie vines; nursery workers; workers who load trucks to take the
				commodity from the field to the packing shed; and workers at the packing shed
				who handle the commodity;
(2)
				handles a covered pesticide chemical as part of the agricultural laborer's
				duties at the agricultural establishment, including, but not limited to,
				mixing, loading, or applying a covered pesticide chemical;
(3) risks exposure to a covered pesticide
				chemical because of the agricultural laborer's duties which include, but is not
				limited to, disposal of used pesticide containers on a farm, scouting, and
				flagging; or
(4) plants,
				cultivates, grows, harvests, detassels, rogues, or treats seeds or seed plants
				of an agricultural or horticultural commodity.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.4 - Covered Employer

Current through Reg. 49, No. 28; July 12,
				2024
(a) An employer is
				a "covered employer" if the employer annually uses or stores in excess of the
				threshold amount of any one covered pesticide chemical, and either directly, or
				through labor agents:
(1) hires agricultural
				laborers to perform seasonal or migrant work and whose gross annual payroll for
				those laborers is $15,000 or more; or
(2) hires agricultural laborers for purposes
				other than seasonal or migrant work and whose gross annual payroll for those
				laborers is $50,000 or more.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.6 - Material Safety Data Sheet

Current through Reg. 49, No. 28; July 12,
				2024
(a) Defined.
				Generally referred to as a "safety data sheet" (SDS), a material safety data
				sheet is a document containing chemical hazard and safe handling information
				that is prepared in accordance with the requirements of the Occupational Safety
				and Health Administration (OSHA) standard for that document. In the case of a
				chemical labeled under the Federal Insecticide, Fungicide, and Rodenticide Act,
				7 United States Code
				§§
										136 et seq., for which an SDS is
				both unavailable and not required under the federal OSHA hazard communication
				standard, a product label, or other document equivalent to an SDS, which
				contains precautionary statements, such as hazards to humans and domestic
				animals, and environmental, physical, or chemical hazards, including warning
				statements, may serve as an SDS.
(b) Responsibilities of manufacturers and
				distributors.
(1) A registrant, chemical
				manufacturer, or distributor shall provide the most current appropriate SDS,
				product label, or equivalent documentation to any person in this state to whom
				that entity distributes a covered pesticide chemical.
(2) A chemical manufacturer or distributor
				shall provide, in a timely manner, the most current appropriate SDS to covered
				employers upon request.
(3) A
				registrant or chemical manufacturer shall ensure that all SDSs for all covered
				pesticide chemicals that entity distributes are correct and current.
(4) A registrant shall provide with the
				registration application a copy of the most current appropriate SDS for each
				pesticide for which the registrant is applying for registration.
(5) A chemical manufacturer or distributor
				shall submit to the department a copy of the most current appropriate SDS for
				all fertilizers with covered pesticide chemicals.
(6) Retail outlets that distribute pesticide
				chemicals to the general public only for nonagricultural purposes are exempted
				from this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.7 - Workplace Chemical List

Current through Reg. 49, No. 28; July 12,
				2024
(a) Defined. A
				workplace chemical list (WCL) is a form that must be completed with the
				information required by the Act, §
									§125.004-.005. In order to
				determine whether the covered pesticide chemical must be listed, a covered
				employer shall total the quantities of pesticide products containing the same
				active ingredient to determine whether more than the threshold amount of any
				covered pesticide chemical is actually used or stored annually in the
				workplace. In order to determine total quantities when both liquid and dry
				formulations of a covered pesticide chemical have been used or stored, the
				covered employer shall convert pounds to gallons or gallons to pounds using the
				ratio 9.09 pounds/gallon or.11 gallon/pound. The following documents or
				information shall be attached to the workplace chemical list:
(1) the material safety data sheet, generally
				referred to as the "safety data sheet" (SDS) for each chemical listed on the
				workplace chemical list, or in the case for which an SDS is both unavailable
				and not required under the federal Occupational Health and Safety
				Administration hazard communication standard, a product label, or equivalent
				documentation;
(2) crop sheets and
				other health and safety data provided by the department that the covered
				employer has been required to distribute to the covered employer's agricultural
				laborers; and
(3) an estimate of
				the amount of the product applied and estimate of the number of acres treated.
				The department's workplace chemical list form will include a space in which the
				covered employer may provide this information.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.8 - Crop Sheets

Current through Reg. 49, No. 28; July 12,
				2024
(a) Development of
				crop sheets.
(1) The department shall develop
				crop sheets which contain information relevant to specific crops including
				pesticides most commonly used on particular crops, the acute and chronic health
				effects of these pesticides, ways to minimize pesticide exposure, recommended
				medical emergency measures, and agricultural laborers' rights.
(2) For purposes of developing crop sheets
				and complying with other provisions of the Act and this chapter, the department
				will consider each of the following logical groupings to be a single crop:
(A) nursery stock; and
(B) citrus.
(3) The information on crop sheets shall be
				provided in both English and Spanish.
(4) The department may provide crop sheets in
				other languages commonly used by agricultural laborers who work with a
				particular crop.
(5) The department
				shall annually provide to each covered employer copies of appropriate crop
				sheets for crops grown in the relevant region. If a covered employer has not
				received a crop sheet for any crop that the covered employer grows, the covered
				employer shall request appropriate crop sheets from the local regional office
				of the department or the Service.
(6) The department shall update and
				distribute crop sheets as significant new information becomes
				available.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.9 - Providing Protective Clothing, Equipment, and Devices

Current
				through Reg. 49, No. 28; July 12, 2024
A covered employer shall provide for use and at no cost to
				  each agricultural laborer employed by the covered employer any protective
				  clothing, equipment, or device that is specified on the label for the
				  activities in which the agricultural laborer is engaged as part of the
				  agricultural laborer's duties. If the label does not specify protective
				  clothing, then the covered employer shall provide the protective clothing,
				  equipment, or device specified in the most current appropriate material safety
				  data sheet (generally referred to as the safety data sheet), crop sheet, or as
				  provided in Chapter 7, Subchapter D of this title (relating to Use and
				  Application ), whichever is more protective. This section does not require that
				  the covered employer provide the long sleeve shirts, pants, shoes, and socks
				  customarily provided by the agricultural laborers.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.10 - Retaliation

Current through Reg. 49, No. 28; July 12, 2024
(a) A covered employer, employer's
				representative, labor agent, or crew leader may not take any retaliatory
				actions against any agricultural laborer because the laborer has made an
				inquiry, filed a complaint, assisted the department's inspectors, instituted
				any proceeding under or related to the Act or this chapter, testified or is
				about to testify in such a proceeding, or exercised any rights afforded under
				the Act or this chapter on behalf of the agricultural laborer or on behalf of
				others. Under this section, retaliatory actions include discharge, causing to
				be discharged, discipline, or adversely affecting the agricultural laborer's
				pay, position, seniority, or other benefits.
(b) An employer may not ask or require an
				agricultural laborer, as a condition of employment, to waive any rights under
				the Act or this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.11 - Training Program

Current through Reg. 49, No. 28; July 12,
				2024
(a) Development of
				training program. The department, in conjunction with the service, shall
				develop an ongoing training program for agricultural laborers.
(b) Training provided by the department.
(1) The department shall provide the training
				program in counties with a hired farm labor work force of 2,000 or more,
				according to the most recent United States Census of Agriculture.
(2) The department shall provide training in
				the following additional counties which it has determined as having a
				significant farm labor work force: Bexar, Cameron, Castro, Dawson, Deaf Smith,
				Erath, Floyd, Fort Bend, Frio, Gonzales, Hale, Hockley, Lamb, Lubbock,
				McLennan, Matagorda, Milam, Pecos, Starr, Terry, Uvalde, Van Zandt, Waller,
				Willacy, and Zavala.
(3) As part of
				the training program, and when possible, the department shall provide
				agricultural laborers with appropriate crop sheets and reentry
				information.