(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.
(b) All spraying of regulated herbicides must conform
to these requirements in a regulated county regardless of whether
or not a permit is required.
(1) Spraying high volatile herbicides is prohibited
when there are susceptible crops within a four-mile radius from any
point of the land to be sprayed. Highly volatile herbicides include
methyl, ethyl, butyl, isopropyl, octylamyl, and pentyl esters containing
various concentrations expressed in pounds of acid equivalent per
gallon.
(2) No person shall spray regulated herbicides when
the wind velocity exceeds 10 miles per hour or as specified on the
product label, if the label is more restrictive.
(3) The use of any turbine or blower-type ground application
equipment to apply regulated herbicides is prohibited.
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