SECTION 7.23. Applicator Business Proof of Financial Responsibility

Each applicator business, as defined in the Act, §76.111, shall register with the department prior to making any applications of restricted-use or state-limited-use pesticides or regulated herbicides. This requirement shall be satisfied in the following manner.

(1) If the applicator business is a commercial applicator, the applicator shall, on application for the commercial applicator license, attest to the existence of adequate financial responsibility in the amounts and under the terms stated in the Act, §76.111, on a form provided by the department.

(2) An applicator business that is not a licensed commercial applicator, but instead employs one or more licensed commercial applicators, shall attest to the existence of adequate financial responsibility in the amounts and under the terms stated in the Act, §76.111, on a form provided by the department.

(3) Commercial applicators who are employees or agents of an applicator business shall be required to state, on application for their commercial applicator license, the name of the applicator business by whom they are employed. Employees or agents of an applicator business are prohibited from making any applications of restricted-use or state-limited-use pesticides or regulated herbicides until such time as the applicator business has complied with paragraph (2) of this section.

(4) The applicator business shall notify the department within 30 days of any change in the information provided as part of the registration application.

(5) For purposes of this section, financial responsibility means a liability insurance policy in the name of the applicator business meeting the requirements of the Act, §76.111, pertaining to such insurance policies. The department has determined that no other form of financial responsibility is acceptable.

Source Note: The provisions of this §7.23 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective May 4, 2008, 33 TexReg 3569; amended to be effective March 9, 2023, 48 TexReg 1286