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;
(ii) Approval for Use: Green Category pesticides do
not require prior written approval. These pesticides may be applied
at the licensee's discretion under the guidelines of the school district
IPM program.
(iii) Restrictions:
(I) Green Category pesticides may be applied indoors
if students are not present and are not expected to be present in
the room or treated area at the time of application. Reentry into
the treated area is permitted as soon as the application is complete,
the pesticide spray has dried, or the reentry interval specified on
the pesticide label has expired, whichever interval is longer.
(II) Green Category pesticides may be applied outdoors
if students are not present within ten (10) feet of the application
site at the time of treatment. Students are allowed reentry into the
treated area as soon as the application is complete, the pesticide
spray has dried or the reentry interval specified on the pesticide
label has expired, whichever interval is longer.
(B) Yellow Category Pesticides.
(i) Definition: A pesticide will be designated as a
Yellow 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 does not meet the criteria to be designated
as a Green Category pesticide under subparagraph (A)(i) of this paragraph.
(ii) Approval for Use: Yellow Category pesticides require
written approval from the certified applicator prior to their use.
Yellow Category pesticide approvals shall have a duration of no longer
than six (6) months or six (6) applications per site, whichever occurs
first.
(iii) Restrictions:
(I) Yellow Category pesticides may be applied indoors
if students are not present or not expected to be present in the room
or treated area within the next four (4) hours following the application,
or until the reentry interval specified on the pesticide label has
expired, whichever interval is longer.
(II) Yellow Category pesticides may be applied outdoors
if students are not present or not expected to be present within ten
(10) feet of application site and the area is secured and reentry
is in accordance with this section for no less than four (4) hours,
or until the reentry interval specified on the pesticide label has
expired, whichever interval is longer.
(III) The treated area must be clearly posted at all
entry points with a sign, or 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.
(C) Red Category Pesticides.
(i) Definition: A pesticide will be designated as a
Red Category Pesticide if it meets the following criteria:
(I) it contains a WARNING or DANGER signal word on
the product label; and
(II) it contains an active ingredient that has been
designated as a restricted use pesticide, a state-limited-use pesticide
or a regulated herbicide; and it does not meet the criteria to be
designated as a Green Category pesticide under subparagraph (A)(i)
of this paragraph, or a Yellow Category pesticide under subparagraph
(B)(i) of this paragraph.
(ii) Approval for Use: Prior to the application, licensees
must provide written justification to the IPM Coordinator for the
use of the Red Category pesticide and must obtain signed approval
for the application from the IPM Coordinator. Red Category pesticide
approvals shall have a duration of no longer than three (3) months
or three (3) applications per site, whichever occurs first.
(iii) Restrictions.
(I) Red Category pesticides may be applied indoors
if students are not present and are not expected to be present in
the room or treated area within eight (8) hours following the application,
or until the reentry interval specified on the pesticide label has
expired, whichever interval is longer.
(II) Red Category pesticides may be applied outdoors
if students are not present within twenty-five (25) feet of the application
site, the area is secured in accordance with this section, and reentry
by students is prohibited for no less than eight (8) hours, or until
the reentry interval specified on the pesticide label has expired,
whichever interval is longer.
(III) The treated area must be clearly posted at all
entry points with a sign, or 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.
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