| (a) The Incidental Use Fact Sheet must contain the
following text: "This fact sheet must be distributed to all city,
county, and state employees who apply general use pesticides and are
not licensed by the Texas Department of Agriculture. The fact sheet
and instruction must be provided upon initial employment and thereafter
must be available as needed. These general use pesticides include
insecticides, herbicides, fungicides and rodenticides and involve
applications made both inside and outside of structures. Incidental
Use is not intended for long term or extensive pest control measures.
Where long term pest control is required, a trained, licensed person
is to make the applications. Incidental Use is defined as "A pesticide
application on an occasional, isolated, site-specific basis that is
incidental to the primary duties of an employee and involves the use
of general use pesticides after instruction as provided by rules adopted
by the department. Examples of Incidental Use Situations are treating
fire ants in a transformer box, or treating of ants by a janitor or
clerical employee in a break area. Incidental is defined as site-specific
and incidental to the employee's primary duties. If it is a part of
the employee's primary duty to make applications of pesticides, that
employee is required, by law, to obtain a license, depending on the
location and type of application. In all cases of incidental use,
the employee should use the least hazardous, effective method of controlling
pests. If chemicals are to be utilized, they must be applied in strict
accordance with manufacturer labels of "General Use" products being
used. Applications made inconsistent with the label requirements of
the general use product may result in penalties being assessed against
the individual and/or the certified noncommercial applicator or technician
responsible. "Incidental Use Situation" applications of pesticides
are regulated by the department. If you have any questions or comments,
contact the department at 866-918-4481; written inquiries may be addressed
to the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711-2847.
(b) The incidental use fact sheet must be provided
during pesticide instruction to each employee of the state, a political
subdivision of the state, or a non-commercial entity other than a
school district whose primary duty is not pest control, and whose
work may include tasks subject to the incidental use exception.
(c) Each governmental unit is responsible for distributing
the fact sheet to the designated employees.
(d) Primary duty is defined as a job duty that is part
of a written job description or is a regularly assigned task of the
employee.
|
| Source Note: The provisions of this §7.154 adopted to be effective December 29, 1994, 19 TexReg 9998; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective September 1, 2000, 25 TexReg 5632; amended to be effective June 5, 2003, 28 TexReg 4280; amended to be effective May 5, 2005, 30 TexReg 2520; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982; amended to be effective January 16, 2023, 48 TexReg 129 |
