SECTION 7.144. Pest Control Use Records  


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  • (a) The responsible certified applicator or, in the case of the certified noncommercial applicator, the certified applicator shall ensure that correct and accurate records of all uses of pesticides and pest control devices registered with the United States Environmental Protection Agency and the department are maintained for a period of two (2) years. Said records must be kept on the premise of the business licensee or, in the case of a certified noncommercial applicator, the employer's premises. The records must include, but are not limited to:

      (1) routine operational data, name and address of the customer;

      (2) name of pesticides or devices used or EPA registration number;

      (3) total amounts of each pesticide applied where the percentage of active ingredient was not changed;

      (4) device used and total number of each device;

      (5) for manufacturer's formulations that are mixed with water or other material, the mixing rate and total amount of material applied or the percent of active ingredient(s) and total amount of material applied;

      (6) purpose for which the pesticides or devices were used or target pest;

      (7) date the pesticides or devices were used;

      (8) service address where the pesticides and devices were used, except that for utility pole re-treatments, records shall be kept for the location of each pole treated; and

      (9) the name, and license number of the person(s) applying pesticides or using devices or name of the technician or apprentice and license number of the supervising certified applicator if the technician or apprentice have not been assigned a license or registration number.

    (b) If a physical device is used, the appropriate unit of measurement (square foot, cubic foot, or linear foot) of the physical device must be recorded and a diagram describing the installation will be provided.

    (c) These records shall be made available to the department or its authorized agents upon written or verbal request.

Source Note: The provisions of this §7.144 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective September 1, 1987, 12 TexReg 901; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective September 1, 2000, 25 TexReg 5630; amended to be effective June 5, 2003, 28 TexReg 4279; amended to be effective May 5, 2005, 30 TexReg 2515; amended to be effective September 10, 2006, 31 TexReg 7126; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982