| (a) All pesticide examinations administered by the
department under the authority of the Act, Subchapter E, shall be
designed to cover the information necessary for an applicant to demonstrate
competency to use and supervise the use of restricted-use and state-limited-use
pesticides or regulated herbicides in a safe and effective manner.
(b) The department may enter into a memorandum of agreement
with another state or a federal agency for reciprocity in licensing
pesticide applicators.
(c) Doctors of veterinary medicine are exempted from
licensing when:
(1) applying restricted-use or state-limited-use pesticides
or regulated herbicides as drugs or medication during the course of
normal practice; or
(2) when applying any pesticides not classified as
restricted-use by EPA to property owned, rented or under the veterinarian's
general control.
(d) Commercial and noncommercial applicators must meet
the following requirements:
(1) Anyone who makes a passing score on the General
Standards pesticide applicator examination, including laws and regulations,
and on one or more category exams will be eligible to be certified
in those categories or subcategories for which a passing score was
received and shall be licensed as soon as all other licensing requirements
are met.
(2) An exam administration fee of $64 shall be required
for administering each pesticide certification exam including the
General Standards exam and each license use category and subcategory,
and must be paid at the time the exam or exams are given. Fees for
retakes of the General Standards exam or any pesticide certification
category examination or subcategory examination may be charged to
recover costs of exam administration.
(3) Individual exam scores are valid for only 12 months.
(e) Employees of state universities or state agencies
may convert to a commercial or noncommercial license upon termination
of employment by paying the required fee provided that all licensing
requirements have been satisfied. Employees of state universities
or state agencies who obtained their license through specialized training,
testing and a Memorandum of Agreement with the department shall be
prohibited from converting a license.
(f) Private applicators must meet the following requirements:
(1) A private applicator certification or license may
be revoked by the department if the applicator is not engaged in the
production of an agricultural commodity.
(2) An employee who qualifies as a private applicator
under the Act, §76.112(c), is not considered to be providing
equipment or pesticide when the employer is identified on the private
applicator's certification license application or amendment thereof,
and either:
(A) the pesticide or equipment is purchased by the
private applicator using a check, cash, or account of the employer;
or
(B) the private applicator is reimbursed by the employer
for the equipment or pesticide.
(3) Upon completion of the private applicator training,
the trainee has one year to pass the private applicator examination
without having to retrain. Retraining and retesting shall be required
of anyone who does not complete requirements for licensing within
five years of passing the private applicator exam.
(4) Military service members and military veterans,
as defined in Texas Occupations Code, Chapter 55, will be credited
with experience equivalent to the training required by §7.21(b)(4)(A)
- (F) of this chapter (relating to Applicator Certification).
|
| Source Note: The provisions of this §7.22 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 14, 1998, 23 TexReg 7221; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective September 1, 2003, 28 TexReg 7344; amended to be effective January 29, 2014, 39 TexReg 396; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286 |
