| (a) The Incidental Use For Schools Fact Sheet must
contain the following text: "This fact sheet must be distributed to
all employees of school districts who apply general use Green Category
pesticides (or Yellow Category pesticides specific to ant, bee and
wasp applications) and are not licensed by the Texas Department of
Agriculture. The fact sheet, instruction and training must be provided
upon initial employment by the school district's IPM Coordinator,
and thereafter must be available as needed. These general use Green
Category pesticides include insecticides only and involve applications
made both inside and outside of structures. Incidental Use is not
intended for long term or extensive pest control measures, rather
emergency situations where safety of students or workers is at risk
and there is insufficient time to contact a licensed applicator. Where
long term pest control is required, a trained, licensed person is
to make the applications. Examples of Incidental Use situations are
treating fire ants in a transformer box or treatments for bees or
wasps as a non-routine application to protect children or personnel.
Incidental Use is defined as site-specific and incidental to the employee's
primary duties. If it is part of the employee's primary duty to make
applications of pesticides, that employee is required by law to obtain
a Texas Department of Agriculture 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.
All applications to schools or school grounds must be in compliance
with school district IPM policies. If chemicals are utilized, they
must be applied in strict accordance with manufacturer labels of products
being used. Applications made inconsistent with the Department's law
and regulations, or applications made inconsistent with the label
requirements of the product may result in an enforcement action being
taken against the individual and/or the certified applicator or technician
responsible. Incidental pesticide use in schools is regulated by the
Texas Department of Agriculture. If you have any questions or comments,
contact the Texas Department of Agriculture, phone number 1-866-918-4481
or P.O. Box 12847, Austin, Texas 78711-2847."
(b) The Incidental Use For Schools Fact Sheet must
be provided during pesticide instruction and training by the IPM Coordinator
to each employee of the school district whose primary duty is not
pest control, and whose work may include tasks subject to the exception.
The IPM Coordinator must keep records of all the training conducted
annually.
(c) 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.
(d) Pest control use records for all incidental pesticide
use application, including the reason for application and justification
for emergency, must be maintained by the IPM Coordinator for a period
of two (2) years.
(e) Incidental pesticide use in school districts is
limited to insecticides that are Green and Yellow Category pesticides.
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