| (a) Any and all pesticides and devices using sodium
cyanide as the active ingredient, including the M-44 device for livestock
predation control, shall be classified as state-limited-use pesticides,
pursuant to the Act, §76.003. However, this section shall not
apply to the use of M-44 sodium cyanide by employees of the Texas
Animal Damage Control Service when performing official duties and
using M-44 cyanide capsules under the federal government registration.
(b) In addition to the definitions set out in the Act, §76.001
and §7.1 of this chapter (relating to Definitions), the following
words and terms, when used in this section shall have the following
meanings unless the context clearly indicates otherwise:
(1) Authorized dealer--A dealer licensed under the
Act, §76.071, and specifically approved by the department to
distribute M-44 sodium cyanide.
(2) M-44 applicator--A person who has obtained authorization
from the department for the use of M-44 sodium cyanide.
(3) M-44 sodium cyanide--Includes the active ingredient
sodium cyanide, sodium cyanide capsules, and any device loaded with
sodium cyanide for use in livestock predation control.
(c) Dealers distributing M-44 sodium cyanide must meet
the following requirements:
(1) All dealers who wish to distribute M-44 sodium
cyanide must obtain written approval by the department. In order to
obtain approval, a person must obtain from the department a pesticide
dealer's license to handle restricted-use and state-limited-use pesticides
and regulated herbicides and complete special agreement forms to become
an authorized dealer for the purpose of distributing M-44 sodium cyanide.
An authorized dealer must meet the dealer requirements of the Act,
Subchapter D, the requirements of §7.20 of this chapter (relating
to Application), and any additional requirements related to the use
restriction bulletin and label for M-44 sodium cyanide (EPA Registration
Number 33858-2).
(2) An authorized dealer may distribute M-44 sodium
cyanide only to M-44 applicators or registrants of M-44 sodium cyanide.
M-44 sodium cyanide may not be distributed or transferred by an authorized
dealer to any person for the purpose of resale or transfer with the
exception of registrants.
(3) The department will keep a list of authorized dealers
and make it available to all certified applicators. Only dealers whose
names appear on the list are authorized to receive or distribute M-44
sodium cyanide.
(4) Each authorized dealer must be or employ a person
certified under this section.
(5) Each authorized dealer must maintain complete records
of all transactions involving M-44 sodium cyanide for a period of
two years, including:
(A) the amount of materials purchased by the authorized
dealer and the date of purchase; and
(B) the following information for each distribution:
(i) the date of distribution;
(ii) the name, address, applicator number, county,
and telephone number of any M-44 applicator to whom M-44 sodium cyanide
was distributed; and
(iii) the amount distributed to the approved applicator.
(6) Authorized dealers must ensure that any distribution
of M-44 sodium cyanide is accompanied by a complete label. Authorized
dealers must also provide to M-44 applicators recordkeeping forms
prescribed by the department. Authorized dealers may distribute sodium
cyanide capsules only in boxes of ten, 25, or 50 each.
(7) Authorized dealers must obtain the department's
approval prior to purchasing any M-44 sodium cyanide.
(8) An authorized dealer must report to the department
any incident or complaint of misuse involving M-44 sodium cyanide.
(d) Any person not previously certified as an M-44
sodium cyanide applicator may become certified by meeting the following
criteria:
(1) A person seeking certification as a licensed commercial
M-44 sodium cyanide applicator shall comply with the licensing requirements
of §7.22(d) and §7.23 of this chapter (relating to Licensing
of Applicators and Applicator Business Proof of Financial Responsibility),
complete M-44 sodium cyanide training, pass a test prescribed by the
department, and pay the license fee prescribed by §7.20 of this
chapter (relating to Application).
(2) A person seeking certification as a licensed noncommercial
M-44 sodium cyanide applicator shall comply with the licensing requirements
of §7.22(d) of this chapter (relating to Licensing of Applicators),
complete M-44 sodium cyanide training, pass a test prescribed by the
department, and pay the license fee prescribed by §7.20 of this
chapter (relating to Application).
(3) A person seeking certification as a private M-44
sodium cyanide applicator must possess a valid private applicator
certificate or a private applicator license in accordance with §7.22(f)
of this chapter (relating to Licensing of Applicators), complete M-44
sodium cyanide training, and pass a test prescribed by the department.
No testing fee will be collected from private applicators.
(4) All M-44 sodium cyanide applicators must recertify
as required by §7.24 of this chapter (relating to Applicator
Recertification). Each M-44 sodium cyanide applicator is responsible
for giving written notice to the department of any change of address.
The department may require retraining and retesting of any M-44 sodium
cyanide applicator who fails to comply with use, recordkeeping, or
other requirements of the department.
(5) The licensing requirements of §7.25 of this
chapter (relating to Expiration and Renewal of Licenses) apply to
all M-44 sodium cyanide applicators.
(e) Instructions to noncertified applicators working
under the supervision of licensed M-44 sodium cyanide applicators.
The licensed M-44 sodium cyanide applicator shall give appropriate
verifiable instructions on the use of M-44 sodium cyanide to a noncertified
person as required by §7.31 of this chapter (relating to Supervision)
before the noncertified person may handle M-44 sodium cyanide. Licensed
commercial and noncommercial M-44 sodium cyanide applicators must
be physically present to supervise the use of M-44 sodium cyanide
by noncertified applicators. Certified private applicators may not
supervise any person using M-44 sodium cyanide.
(f) Training for M-44 applicators shall include the
following:
(1) the proper use and treatment of M-44 sodium cyanide;
(2) the proper method of disposing of M-44 sodium cyanide
and related contaminated materials;
(3) safe handling techniques designed to reduce health
and injury risks;
(4) recordkeeping requirements;
(5) proper methods of identifying causes of predation;
and,
(6) approved methods of predator control.
(g) All M-44 applicators must comply with the M-44
sodium cyanide label and use restriction bulletin issued by the department.
A copy of the use restriction bulletin must be obtained with the purchase
of each box of M-44 sodium cyanide. Additional copies of the bulletin
and recordkeeping forms may be obtained from the department.
(h) Each applicator shall maintain records on forms
prescribed by the department dealing with the placement of the device
and the results of each placement. Such records shall include, but
may not be limited to:
(1) the number of M-44 sodium cyanide devices in place;
(2) the location of each M-44 sodium cyanide device;
(3) the dates of each placement, inspection, and removal;
(4) the number and location of M-44 sodium cyanide
devices which have been discharged and the apparent reason;
(5) species of animals taken; and
(6) all accidents or injuries involving humans, domestic
animals, wildlife, or bodies of water.
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| Source Note: The provisions of this §7.40 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective March 9, 2023, 48 TexReg 1286 |
