Texas Department of Agriculture Pesticide Division

1. Texas Department of AgriculturePesticide Division Jimmy Bush Assistant Commissioner for Pesticides

2. Regulating Pesticides in Texas

3. OBJECTIVES • Provide an overview of the laws that govern pesticides • Discuss regulatory rationale • What to expect at inspection • Explain the pesticide enforcement process • Provide an overview of TDA organization structure

4. Why Regulate ?

5. Laws Governing Pesticides • FIFRA • Chapter 76 of the Texas Agriculture Code • Chapter 1951 of the Occupations Code • Enabling regulations for each law

6. What is the difference between a law and a regulation ? • A law is enacted by a legislative body • A regulation is adopted by the administering regulatory agency.

7. Example • The law may require that certain records be maintained. • A regulation is adopted to specify the specific items that must be maintained.

8. FIFRA • Federal Insecticide, Fungicide and Rodenticide Act • Administered by EPA • To regulate the marketing of economic poisons and devices, and for other purposes

9. Major Components of FIFRA • Provides for the registration and the re-registration of pesticides • Provides for the registration of pesticide producing establishments • Regulates storage, disposal, transportation and recall of pesticides • Specifies the authority of States to regulate pesticides

10. Chapter 76, Texas Agriculture Code • Pesticide and herbicide regulation • Administered by TDA • Regulates the distribution and use of pesticides

11. Major Components – Ag Code • Designates TDA as the lead agency for pesticide regulation • Provides for the registration of pesticides • Provides for the licensing of dealers • Regulates use and application • Governs storage and disposal • Provides additional restrictions for certain herbicides • Establishes enforcement powers

12. TDA Responsibilities • Register pesticides for use in Texas • Adopt lists of state-limited-use pesticides • Provide for training, certification, and licensure of all classes of pesticide applicators • Enforce pesticide laws and regulations governing the safe handling, use, storage, distribution and disposal of pesticide products • Adopt rules to carry out the provisions of Chapter 76, Texas Agriculture Code

13. Chapter 1951, Occupations Code • Texas Structural Pest Control Act • Administered by TDA • Provides for the licensing and regulation of persons engaged in the business of structural pest control.

14. Major Components – Occ Code • Defines the business of structural pest control • Identifies certain pest control activities exempted from the Code • Establishes powers and duties of TDA • Establishes licensing requirements • Specifies training requirements • Establishes examination requirements • Creates standards of practice by license holders • Establishes enforcement and disciplinary powers

15. TDA Responsibilities • Responsible for the licensing and regulation of persons engaged in the business of structural pest control • Provide exceptional customer service to the public and the industry • Enhance the educational and professional standards of license holders • Ensure the health, safety, and welfare of the public • Specifies training requirements

16. Difference between the Ag Code and the Occ Code • The Ag Code requires licensing depending on the use classification of the pesticide being used. • The Occ Code requires licensing based on the service being provided regardless of the use classification of the pesticide being used.

17. How Does TDA Regulate? • Routine Inspections • Complaint Driven Investigations

18. Why Inspect ?

19. Purpose of Inspections To determine the level of compliance by a regulated entity with all pesticide requirements. • Laws • Regulations • Pesticide label

20. Regulatory Approach • Conduct routine inspections to identify noncompliance • Provide compliance assistance to remedy noncompliance • Schedule re-inspections to monitor progress • Take appropriate enforcement action

21. Types of Inspections ( Ag Code ) • Dealer • Marketplace • Applicator Business • Applicator • Producing Establishment • Worker Protection • Use Observation • Unlicensed

22. Types of Inspections ( Occ Code ) • Commercial Business Establishment • Noncommercial Business Establishment • School IPM • Use Observations

23. What Do We Look For ? • Appropriate license • Required training • Records • Equipment • Storage and disposal • Insurance • Pesticide use

24. School District Inspection Frequency • 5 years or earlier if risk based • Appointments are usually made • Follow ups if needed

25. Inspection of School DistrictIPM Program • IPM Coordinator designated • IPM Coordinator training • Periodic facility inspections conducted • Presence of an IPM policy containing all elements • Presence of a monitoring program • Records of inspection, service related reports, applications and complaints • Plan for educating school district employees • Preferential use of low-risk pesticides and non-chemical strategy • Written guidelines for identifying pest thresholds • Procedure for providing prior notification of pesticide applications • Any requests for notification of pesticide applications received

26. Inspection of School DistrictPesticide Application • Use of registered pesticides or 25(b) exempt pesticides • Indoor posting • Outdoor posting • Presence of consumer information sheet • Mixing of pesticides occurring outside student occupied areas • Approvals of yellow/red category pesticides maintained • Emergency waivers being maintained • IPM program records being maintained and made available • Proper storage and disposal of pesticides/containers • Pesticide use records being maintained

27. Inspection of School Facility • IPM policy being followed • Periodic inspection by the IPM Coordinator • Monitoring program • Pesticide storage • Mixing of pesticides occurring outside student occupied areas • Incidental use requirements being met • Posting requirements being met • Consumer information sheet available

28. Most frequent issues of noncompliance with IPM • TDA Inspectors report: • Yellow Category approvals not given to IPM Coordinator when pesticide is applied. • Posting Notices not done correctly or at all. Posting notices are required for all pesticide applications. • Facilities lacking inspection & monitoring logs that justify use of pesticides when pest thresholds are met. Each school district must establish thresholds and through monitoring and inspections determine when thresholds are met.

29. Complaint Investigations TDA investigates complaints received under both the Ag Code and the Occ Code. TDA’s role is to gather sufficient documentation to determine if a violation occurred and take enforcement action necessary to deter future violations.

30. Complaint Process • Complaint received and assigned to inspector to conduct field investigation • Inspector collects documentation and prepares the investigation report • Investigation report submitted to Enforcement for review and determination of enforcement action • Enforcement notifies parties to complaint of results of the investigation

31. Enforcement Options • Closed, no further action • Warning • Assessment of administrative penalty • License suspension, modification or revocation • Referral to another agency

32. TDA Organizational Structure • Austin Headquarters • Regional Offices • Lubbock • Dallas • Houston • San Antonio • San Juan

33. QUESTIONS ?