| (2) The department may allow an entity other than Extension
to conduct private applicator certification training if the training
program:
(A) has significant educational or practical content
to maintain appropriate levels of competency;
(B) consists of at least three hours of net instruction
time;
(C) complies with all applicable federal and state
laws including the Americans with Disabilities Act (ADA) requirements
for access to training programs; and
(D) is submitted to the department for review and prior
approval.
(3) An approved training program may include lectures,
panel discussions, organized video or film with live instruction,
or other forms of instruction approved by the department.
(4) Private applicator certification training program
content must include, but is not limited to:
(A) recognition of common pests to be controlled and
the damage caused by them;
(B) reading and understanding laws and regulations
and label and labeling information, including the common name of the
pesticide to be applied, pest to be controlled, application timing
and methods, safety precautions, pre-harvest or reentry provisions,
and any specific disposal procedures;
(C) application of pesticides in accordance with label
instructions and warnings, including the ability to prepare the proper
pesticide concentration to be used under particular circumstances
taking into account such factors as area to be covered, speed at which
application equipment will be driven, and the quantity dispersed in
a given period;
(D) recognition of local environmental situations that
must be considered during application to avoid contamination;
(E) recognition of poisoning symptoms and procedures
to be followed in case of a pesticide related accident; and
(F) recognition and identification of Integrated Pest
Management (IPM) strategies applicable to the agricultural operation.
(5) The department may deny, revoke, or refuse to renew
approval for any private applicator training program or sponsor if
the sponsor fails to:
(A) provide to the department records of training on
request;
(B) provide the quality of approved training; or
(C) comply with any other requirements that are a basis
for approval.
(6) The department may request prior notification of
any scheduled training programs to be offered by the sponsor.
(7) Each training program must be approved by the department.
No unapproved activity may be claimed to be approved or described
in a way that would lead a person to believe that it has been approved.
(8) Each training program shall be approved for one
calendar year.
(9) Department personnel may monitor all approved private
applicator training programs. All fees charged to trainees shall be
waived for them.
(10) Upon completion of private applicator training,
the sponsor shall direct trainees to the department for testing.
(11) To receive approval for a private applicator training
course, the sponsor must:
(A) submit an application on a form prescribed by the
department ;
(B) provide any additional information related to the
proposed course requested by the department; and
(C) submit the application and all requested and required
information at least 30 days prior to the date the proposed course
is intended to be initially held. The department may waive this requirement
if the sponsor meets all other requirements. Within ten days of receipt
of the application, the department will notify the sponsor if the
proposed course has been accepted or rejected or will request additional
information.
(12) A sponsor who wishes to continue a course's approval
beyond a calendar year must file for renewal as provided by paragraph
(11) of this subsection.
|
| Source Note: The provisions of this §7.21 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective September 7, 2021, 46 TexReg 5545; amended to be effective March 9, 2023, 48 TexReg 1286 |
