In addition to the definitions set out in the Code, §76.001,
the following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Agriculture Code, Chapter 76.
(2) Adjoining--Directly contiguous to a field on which
pesticides may be applied or which is separated from a field only
by a road, railway, or utility right-of-way, or by a government-owned
land corridor or waterway having a width of not more than 100 feet.
(3) Agricultural commodity--A plant or animal grown
for sale, lease, barter, feed, or human consumption and animals raised
for farm or ranch work.
(4) Application--The placing of a pesticide on a plant,
animal, building, or soil; or its release into the air or water to
prevent or destroy pests.
(5) Code--The Texas Agriculture Code.
(6) Commissioner--The commissioner of agriculture of
the State of Texas, or the commissioner's designee.
(7) CEU--Continuing Education Unit.
(8) Dealer--Any person who distributes within or into
this state any restricted-use or state-limited-use pesticides or regulated
herbicides.
(9) EPA--United States Environmental Protection Agency.
(10) Extension--Texas A&M AgriLife Extension Service.
(11) Farm labor camp--Housing used by one or more seasonal,
temporary, permanent, or migrant workers and accompanying dependents
which are owned, operated, or managed by the farm operator or licensed
by the State of Texas.
(12) Farm operator--The person responsible for the
overall control and management of the crop.
(13) Formulation--A mixture of active and inert ingredients
prepared for use as a pesticide for practical use.
(14) Livestock--Cattle, horses, mules, asses, sheep,
goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise
defined.
(15) Person--Includes any individual, partnership,
association, corporation, company, joint stock association, governmental
subdivision, public or private organization of any character, body
politic or any organized group of persons, whether incorporated or
not, including any trustee, receiver, assignee, or similar representative
thereof.
(16) Purchase--A transaction entailing payment for
a pesticide, and delivery and/or physical possession of the pesticide
to or by a licensed person or a person under the direct supervision
of a licensed person.
(17) Regulated herbicide--A herbicide product containing
an active ingredient classified as a regulated herbicide by §7.30
of this chapter (relating to Classification of Pesticides).
(18) State-limited-use pesticide--Any pesticide product
containing an active ingredient classified as a state-limited-use
pesticide by §7.30 of this chapter (relating to Classification
of Pesticides).
(19) Trained trainer--Anyone who has completed an EPA-approved
WPS train-the-trainer program or a WPS-trained handler who may train
workers only.
(20) Volatility--The tendency of a substance to change
from a liquid or solid to a gaseous state. It is the movement of a
pesticide in a gaseous state in the air from surface water, soil,
or vegetation.
(21) Worker Protection Standard (WPS)--The federal
worker protection standard as found in the Code of Federal Regulations,
40 C.F.R. Part 170.
|
| Source Note: The provisions of this §7.1 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 March 9, 2023, 48 TexReg 1286 |
