| (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 Agriculture Code;
(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 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 Chapter 76 of the Agriculture Code or Chapter 1951 of
the Occupations Code or working under the direct supervision of a
person so licensed.
(B) A person may not use a pesticide classified as
a state-limited-use or as a regulated herbicide under this subsection
unless the person is licensed as a pesticide applicator under either
Chapter 76 of the Agriculture Code or Chapter 1951 of the 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 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.
(D) 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 title, 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 and buffer zone requirements,
weather conditions, and drift, volatility and inversion.
(E) 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 title, 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 and buffer zone requirements,
weather conditions, and 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 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 Chapter
76 of the Agriculture Code and certified in the public health pest
control category or 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.
(3) For purposes of this subsection, "public-health
pest control" has the same meaning as provided in §7.21(a)(12)
of this subchapter (relating to Applicator Certification).
(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);
(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, and shall
prevent exposure of human beings or other susceptible species to the
prohibited pesticide, and shall dispose of the prohibited pesticide
in accordance with all provisions of state and federal law.
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