In addition to the statutory definitions in the Act and general
definitions for Title 4, Part 1 contained within Rule 1.1, the following
words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Act--The Agricultural Hazard Communication Act,
Texas Agriculture Code, Chapter 125.
(2) Agricultural or horticultural commodity in its
unmanufactured state--An agricultural or horticultural commodity is
in its unmanufactured state until the desirable portion of the agricultural
plant is detached from its parent or the whole agricultural plant
is separated from its growth media and removed from the work area.
For horticultural commodities grown at the retail sales site, a commodity
is in its unmanufactured state until it is sold and taken from the
retail sales site.
(3) Covered pesticide chemical--Any substance containing
any element, chemical compound, or mixture of elements or compounds
registered under the Federal Insecticide, Fungicide, and Rodenticide
Act, 7 United States Code §136 et seq. This includes general,
restricted, or state-limited-use products as packaged by the manufacturer.
(4) Crop sheet--A document developed by the department
to fulfill the requirements of the Act, §125.010.
(5) Distribute--Offer for sale, hold for sale, sell,
barter, or supply.
(6) Employer--
(A) Any person who:
(i) operates an agricultural establishment;
(ii) contracts with the operator of an agricultural
establishment in advance of, during, or after production to control
or purchase a crop and uses a covered pesticide chemical on an agricultural
or horticultural commodity in its unmanufactured state; or
(iii) either directly or indirectly recruits, solicits,
hires, employs, utilizes, furnishes, or supervises agricultural laborers.
(B) The term "agricultural establishment" as used in
this chapter means a business operation that uses paid agricultural
laborers in the production of an agricultural or horticultural commodity
in its unmanufactured state.
(C) In no event is a labor agent, crew leader, or labor
contractor considered to be an employer for purposes of the Act or
this chapter. Where a labor agent, crew leader, or labor contractor
is used, the employer is the person who uses or engages the services
of the labor agent, crew leader, or labor contractor.
(7) EPA--United States Environmental Protection Agency.
(8) Farm operator--The person responsible for the overall
control and management of the crop.
(9) Livestock--Beef and dairy cattle, hogs, sheep,
goats, poultry of all kinds, horses, rabbits, bees, exotic game animals,
and fur-bearing animals in captivity.
(10) Medical emergency--Any health or safety related
occurrence in which information concerning a covered pesticide chemical
is needed for immediate treatment or diagnosis of an injury or illness
that appears to have been caused or aggravated by exposure to agricultural
chemicals.
(11) Member of the community--Any individual who resides,
is employed, attends school, or is a parent of a child attending school,
is treated in a hospital, or resides, or is treated in a nursing home
within a one-quarter of a mile radius of a covered employer's work
area.
(12) Migrant work--Work performed by an individual
who is required to be absent overnight from that individual's permanent
place of residence.
(13) Nursery worker--
(A) A laborer employed in a nursery operation, whether
licensed or unlicensed, who is engaged in the following activities:
(i) sowing seeds and otherwise propagating shrubs,
vines, flowers, and fruit, nut, shade, vegetable, and ornamental plants
or trees;
(ii) handling such plants to and from fields; or
(iii) planting, cultivating, watering, spraying, fertilizing,
pruning, bracing, and feeding the growing crop.
(B) A worker involved solely in the retail aspect of
a nursery operation or solely in a lawn care service is not considered
a nursery worker for purposes of this chapter.
(14) Person--Any individual, partnership, association,
joint stock company, trust, cooperative, corporation, or other business
entity.
(15) Produce--The act of performing any of the activities
specified in the definition of agricultural laborer found in §8.3
of this chapter (relating to Agricultural Laborer).
(16) Registrant--Any person who has submitted an application
for registration of a pesticide under the Texas Agriculture Code,
Chapter 76, Subchapter C.
(17) Safety emergency--Any health or safety related
occurrence designated as a safety emergency by a fire chief or the
fire chief's representative.
(18) Seasonal work--Work of a seasonal or temporary
nature. A worker who moves from one seasonal activity to another is
employed on a seasonal basis even though the worker may continue to
be employed during a major portion of the year. Work is other than
seasonal if it is performed for a single employer essentially on a
year-round basis.
(19) Service--The Texas A&M AgriLife Extension
Service.
(20) Store (or storage)--To have at the work area for
a period of time greater than 72 hours.
(21) Threshold amountâ€"55 gallons or 500
pounds as packaged by the registrant or an amount that the department
determines by rule for certain highly toxic or dangerous chemicals.
(22) Trained trainers--Anyone who has completed an
EPA-approved WPS train-the-trainer program or a WPS-trained handler
who may train workers only.
(23) Treating medical personnel--Doctor, nurse, emergency
technician, clinic personnel, or hospital personnel treating an individual
in connection with a possible exposure to a covered pesticide chemical.
(24) Uses--Uses or causes to be used covered pesticide
chemicals, or causes agricultural laborers to be present in a workplace
where covered pesticide chemicals are used or stored.
(25) Work area--A room, defined space, field, section,
or farm where covered pesticide chemicals are stored or used and where
agricultural laborers may be present. In a nursery or greenhouse,
the work area is the defined treated or storage area within the nursery
or greenhouse in which agricultural laborers are present.
(26) Work season--Crop season.
(27) WPS--The federal Worker Protection Standard, 40
Code of Federal Regulations, Part 170.
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