(a) Any applicator retained by the foundation to apply
or cause to be applied pesticides for the purpose of eradication in
an established zone will make such applications in accordance with
the requirements of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), the Texas pesticide laws and regulations, the pesticide
label requirements of the product(s) being used, and any other provisions
provided for in this section.
(b) The foundation shall establish procedures for each
eradication zone that are consistent with the Texas pesticide regulations
relating to prior notification and reentry into sprayed fields and
found at §7.37 and §7.38 of this title (relating to Prior
Notification Requirements and Forbidden Pesticide Practices) to ensure
compliance with requirements regarding prior notification and reentry.
(c) The foundation shall establish any eradication
zone-specific rules needed in addition to the requirements of subsections
(a) and (b) of this section after analyzing each zone for special
identified risk to humans, livestock, wildlife, honeybee colonies,
or the environment. Such analysis will allow for specific rules to
be written by the foundation for each zone with special concerns.
(d) Beekeepers must file the location of their hives
and their addresses and phone numbers with the Chief Apiary Inspector,
Apiary Inspection Service, Entomology Department, Texas A&M University,
College Station, Texas 77843, so that a list of beekeepers may be
prepared for each county and furnished to the foundation. In lieu
of filing the location of hives and names and addresses with the chief
apiary inspector, any beekeeper may file such information with the
Texas A&M AgriLife Extension Service county extension agent for
the county in which hives are located. The foundation shall notify
or cause to be notified beekeepers located adjacent to any fields
being sprayed prior to the application at the earliest time possible
to allow the beekeeper to restrict the bees leaving the hive or to
move the hives until danger to the bees has diminished. In addition,
the foundation will make available the eradication zone plans to any
beekeeper upon request.
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