SECTION 3.23. Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies

(a) Any applicator retained by the foundation to apply or cause to be applied pesticides for the purpose of eradication in an established zone will make such applications in accordance with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Texas pesticide laws and regulations, the pesticide label requirements of the product(s) being used, and any other provisions provided for in this section.

(b) The foundation shall establish procedures for each eradication zone that are consistent with the Texas pesticide regulations relating to prior notification and reentry into sprayed fields and found at §7.37 and §7.38 of this title (relating to Prior Notification Requirements and Forbidden Pesticide Practices) to ensure compliance with requirements regarding prior notification and reentry.

(c) The foundation shall establish any eradication zone-specific rules needed in addition to the requirements of subsections (a) and (b) of this section after analyzing each zone for special identified risk to humans, livestock, wildlife, honeybee colonies, or the environment. Such analysis will allow for specific rules to be written by the foundation for each zone with special concerns.

(d) Beekeepers must file the location of their hives and their addresses and phone numbers with the Chief Apiary Inspector, Apiary Inspection Service, Entomology Department, Texas A&M University, College Station, Texas 77843, so that a list of beekeepers may be prepared for each county and furnished to the foundation. In lieu of filing the location of hives and names and addresses with the chief apiary inspector, any beekeeper may file such information with the Texas A&M AgriLife Extension Service county extension agent for the county in which hives are located. The foundation shall notify or cause to be notified beekeepers located adjacent to any fields being sprayed prior to the application at the earliest time possible to allow the beekeeper to restrict the bees leaving the hive or to move the hives until danger to the bees has diminished. In addition, the foundation will make available the eradication zone plans to any beekeeper upon request.

Source Note: The provisions of this §3.23 adopted to be effective October 15, 1993, 18 TexReg 6735; amended to be effective June 26, 2023, 48 TexReg 3405