| (a) The department shall not accept for adoption any
request for special county provisions which will, except as provided
by and consistent with the Act, Subchapter G, and regulations adopted
thereunder, either directly or indirectly:
(1) exempt applicators from obtaining spray permits,
except during periods when susceptible vegetation is at a minimum;
(2) exempt applicators from recordkeeping requirements;
(3) exempt commercial applicators from requirements
for proof of financial responsibility;
(4) prohibit the distribution of any herbicide; and/or
(5) require the department to inspect land prior to
issuance of spray permits.
(b) The department may consider for adoption a request
by a county to:
(1) regulate or prohibit methods of application;
(2) prohibit application of any regulated herbicide
during any period of the year; and/or
(3) exempt from the provisions of the Act, Subchapter
G, any portion of a county which can be identified by easily recognizable
physical boundaries.
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