| (a) State-Limited-Use Pesticides Defined by Active
Ingredient.
(1) Except as provided by paragraphs (3) - (4) of this
subsection and because of their high potential to cause adverse effects
to non-target sites, a pesticide product containing an active ingredient
in the following list is classified as a state-limited-use pesticide
and subject to the restrictions listed in paragraph (5) of this subsection,
as well as all other provisions of law generally applicable to state-limited-use
pesticides.
(A) 2,4-Dichlorophenoxyacetic acid (2,4-D); including
acid, amine, choline, ester, and salt formulations;
(B) 2,4-Dichlorophenoxy butyric acid (2,4-DB);
(C) 2,4-Dichlorophenoxy propionic acid (2,4-DP);
(D) 2-Methyl-4-Chlorophenoxyacetic acid (MCPA);
(E) 3,6-Dichloro-o-anisic acid (dicamba); including
dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine
salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium
salt;
(F) 3,4-Dichloropropionanilide (propanil);
(G) 5-bromo-3-sec-butyl-6-methyluracil (bromacil);
(H) 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon);
(I) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac);
(J) Sodium flouoroacetate (Compound 1080); and
(K) Sodium cyanide (M44).
(2) Regulated Herbicides.
(A) 2,4-dichlorophenoxyacetic acid (2,4-D); including
acid, amine, choline, ester, and salt formulations;
(B) 2-methyl-4-chlorophenoxyacetic acid (MCPA);
(C) 3,6-dichloro-o-anisic acid (dicamba); including
dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine
salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium
salt; and
(D) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac).
(3) Exceptions from Regulated Herbicide Classification.
(A) 2,4-dichlorophenoxyacetic acid (2,4-D) or 3,6-Dichloro-o-anisic
acid dicamba when used in accordance with the approved product label
for transgenic auxin herbicide tolerant crops; and
(B) applied by ground application equipment only; and
(C) applied when winds do not exceed 10 miles per hour.
(4) A pesticide product containing an active ingredient
listed in this subsection is exempt from classification as a state-limited-use
pesticide or a regulated herbicide under this subsection if the product:
(A) is distributed in a container with a capacity less
than or equal to one quart for liquid products or less than or equal
to two pounds for dry or solid products;
(B) is a specialty fertilizer mixture labeled for ornamental
use and registered as a commercial fertilizer under Chapter 63 of
the Code; or
(C) is ready for use, requires no further mixing or
dilution before use, and is packaged in a container of one gallon
or less for liquid products or four pounds or less for dry or solid
products.
(5) The following are restrictions on use and distribution
of state-limited-use pesticides and regulated herbicides:
(A) A person may not purchase or use a pesticide classified
as a state-limited-use pesticide or as a regulated herbicide under
this subsection unless the person is licensed as a pesticide applicator
under either the Act or working under the direct supervision of a
person so licensed, or Chapter 1951 of the Texas Occupations Code.
(B) A person may not distribute a pesticide classified
as state-limited-use or as a regulated herbicide under this subsection
to a person not authorized by this section to purchase state-limited-use
pesticide or a regulated herbicide.
(C) A person may not apply 2,4-dichlorophenoxyacetic
acid (2,4-D) on a transgenic auxin herbicide tolerant crop unless
the person has attended an auxin training course approved by the department
prior to application.
(i) One (1) 2,4-D continuing education unit (CEU) shall
be required annually and is valid for one year from the date of course
attendance.
(ii) Courses shall be approved by the department and
may not be less than 50 minutes in length for each active ingredient.
No more than one (1) CEU will be assigned for any 50 minutes of actual
instruction time in Laws and Regulations as described in §7.24
of this chapter (relating to Applicator Recertification).
(iii) Each course shall include topics on: application
timing, nozzle requirements/selection, wind speed, ground speed, boom
height, tank cleanout, sensitive crops, buffer zone requirements,
weather conditions, drift, volatility, and inversion.
(D) A person may not apply 3,6-Dichloro-o-anisic acid
(dicamba) on a transgenic auxin herbicide tolerant crop unless the
person has attended an auxin training course approved by the department
prior to application.
(i) One (1) dicamba continuing education unit (CEU)
shall be required annually and is valid for one year from the date
of course attendance.
(ii) Courses shall be approved by the department and
may not be less than 50 minutes in length for each active ingredient.
No more than one (1) CEU will be assigned for any 50 minutes of actual
instruction time in Laws and Regulations as described in §7.24
of this chapter.
(iii) Each course shall include topics on: application
timing, nozzle requirements/selection, wind speed, ground speed, boom
height, tank cleanout, sensitive crops, buffer zone requirements,
weather conditions, drift, volatility, and inversion.
(b) State-Limited-Use Pesticides Defined by Use.
(1) Due to the high potential for adverse effects to
humans, animals, or the environment and as the result of wide area
public health pest control, a pesticide product otherwise classified
as general use is classified as a state-limited-use pesticide when,
and only when, applications are made by aerial application or with
power-driven fogging equipment for the purpose of public health pest
control.
(2) A person may not use a pesticide for public health
pest control in methods identified in paragraph (1) of this subsection
unless the person is licensed as a pesticide applicator under the
Act and certified in the public health pest control category as described
in §7.21 of this chapter (relating to Applicator Certification)
or is working under the direct supervision of a person so licensed
and is employed either by a state, county, city, or other local governmental
body or is a person authorized to perform public health pest control
under a contract between a state, county, city, or other local governmental
body and the person or the person's employer.
(c) Prohibited Pesticides.
(1) Because of their persistence in the environment
and bioaccumulative toxic effects, any product or substance in the
following list or containing as an active ingredient a product or
substance in the following list is a prohibited pesticide and subject
to the prohibitions, restrictions, and requirements of paragraphs
(2) and (3) of this subsection:
(A) Aldrin;
(B) Chlordane;
(C) DDT (dichlorodiphenyltrichloroethane);
(D) DDD (dichlorodiphenyldichloroethylene);
(E) Dieldrin;
(F) Hexachlorobenzene;
(G) All mercury-based pesticides;
(H) Mirex;
(I) Toxaphene;
(J) Heptachlor;
(K) 2,4,5-trichlorophenoxyacetic acid (2,4,5-T); and
(L) 2,4,5-trichlorophenoxypropionic acid (2,4,5-TP
(Silvex)).
(2) No person shall use a prohibited pesticide for
any purpose.
(3) A person in possession of a prohibited pesticide
shall by proper storage, care, handling, and transport prevent the
release of the prohibited pesticide into the environment, prevent
exposure of human beings or other susceptible species to the prohibited
pesticide, and dispose of the prohibited pesticide in accordance with
all provisions of state and federal law.
(d) State-Limited-Use Pesticides Defined by Active
Ingredient and Use.
(1) A pesticide product containing the active ingredient
warfarin when used only as a feral hog (Sus scrofa) toxicant is classified
as a state-limited-use pesticide and subject to the restrictions listed
in paragraph (2) of this subsection, as well as all other provisions
of law generally applicable to state-limited-use pesticides.
(2) Restrictions.
(A) A person may not purchase a pesticide classified
as state-limited-use under this subsection unless the person is licensed
as a pesticide applicator under either Chapter 76 of the Texas Agriculture
Code or Chapter 1951 of the Texas Occupations Code or working under
the direct supervision of a person so licensed.
(B) A person may not use a pesticide classified as
state-limited-use under this subsection unless the person is licensed
as a pesticide applicator under either Chapter 76 of the Texas Agriculture
Code or Chapter 1951 of the Texas Occupations Code or working under
the direct supervision of a person so licensed.
(C) A person may not distribute a pesticide classified
as state-limited-use under this subsection to a person not authorized
by this section to purchase state-limited-use pesticide.
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