| (a) The following records of pesticide use shall be
maintained for a period of two years:
(1) A person required by the Act to be licensed as
a commercial applicator or a noncommercial applicator shall maintain
records of each pesticide application regardless of the use classification
of the pesticide applied.
(2) A person licensed or certified as a private applicator
or licensed as a veterinarian shall maintain records of each application
of a restricted-use pesticide, state-limited-use pesticide, or regulated
herbicide.
(b) The record of each pesticide use required by this
section shall contain:
(1) the date of the application;
(2) the beginning time for the application;
(3) the name of the person for whom the application
was made;
(4) the location of the land where the application
was made stated in a manner that would permit inspection by an authorized
party;
(5) for each pesticide applied:
(A) the product name;
(B) the product EPA registration number;
(C) the rate of product per unit;
(D) the total volume of spray mix, dust, granules,
or other materials applied per unit; and
(E) the name of the pest for which the product was
used;
(6) the site treated (e.g., name of crop, kind of animal,
etc.);
(7) total acres or volume of area treated (e.g., acre,
square feet, number of head, etc.);
(8) wind direction and velocity except for those applications
made indoors or otherwise within a structure;
(9) air temperature;
(10) application method or type of equipment used to
make the application;
(11) the FAA "N" number for aerial application equipment;
(12) the name and department pesticide license number
of the applicator responsible for the application and, if different,
the name of the person actually making the application;
(13) the spray permit number for regulated herbicides
applied in a regulated county; and
(14) Documentation to verify training of persons working
under the supervision of a licensed pesticide applicator as required
by §7.31 of this chapter (relating to Supervision).
(c) If several applications are made from a single
load of pesticide to sites in close proximity, a single beginning
time may be given for all the applications, but the sequence of applications
must be specified by appropriately ordering the applications by person
for whom the application was made and by the location of the land
where the application was made.
(d) The record of each pesticide application shall
be kept current and maintained at the applicator's principal place
of business as designated on the applicator's application/renewal
for a pesticide applicator's license.
(e) The record of each pesticide application shall
be legible and in a format that clearly identifies and sets forth
each specific item of information required by this section.
(f) The department may exempt specific record items,
which may not be applicable to a type of application upon written
request and written approval. The person responsible for keeping records
under this section shall maintain a copy of the department's written
approval for a record exemption as part of the application recordkeeping
requirements of this section.
(g) Records of application shall be made available
for inspection to the department immediately upon request at any time
during normal business hours and shall contain all the information
required by this section except as exempted in writing under subsection
(f) of this section. The department's written approval for any record
exemption shall be made available to the department representative
conducting the records inspection at the time of the inspection.
(h) Copies of records of application must be submitted
to the department within the time period specified in a written request
by the department and must contain all of the information required
by this section except as exempted in writing under subsection (f)
of this section. A copy of the department's written approval for any
record exemption shall accompany the copies of records submitted under
this subsection.
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| Source Note: The provisions of this §7.33 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286 |
