SECTION 7.144. Pest Control Use Records

(a) The responsible certified applicator or certified noncommercial applicator shall ensure that correct and accurate records of all uses of pesticides and pest control devices registered with the Environmental Protection Agency (EPA) and the department, including those pesticides that have been exempted from registration by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 25b, are maintained for a period of two (2) years. Pest records must be kept on the premises of the business facility location or, in the case of a certified noncommercial applicator, the employer's premises. The records must include, but are not limited to:

(1) the billing name and address of the customer, or the employer for whom a noncommercial applicator is working;

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

(3) names of pesticides and EPA registration numbers, if they are registered or pest control devices used;

(4) total amounts of each pesticide applied where the percentage of active ingredient was not changed (ready to use pesticides);

(5) pest control devices used and total number of each device;

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

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

(8) date the pesticides or pest control devices were used; and

(9) the name, and license number of the person(s) receiving training, supervising, and applying pesticides or using pest control devices and the TPCL number (and letter if applicable) of the commercial business for which they are performing structural pest control services.

(b) For termite treatments, records must include:

(1) the appropriate unit of measurement of the area treated per application site, i.e. square feet (excluding bait applications);

(2) if a physical barrier is used, the appropriate unit of measurement (square foot or linear foot) of the physical barrier must be recorded and a diagram describing the installation will be provided; and

(3) for commercial preconstruction treatments other than baits, baiting systems, wood applied termiticide products, or physical barriers, the number of application tanks which were in use for the treatment, the capacity, in gallons, of each application tank, and the start and stop time for the treatment.

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

Source Note: The provisions of this §7.144 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129