SECTION 7.39. Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar (LPC)--State-Limited-Use Requirements

(a) Any and all pesticides and devices using the active ingredient sodium fluoroacetate for livestock predation control shall be classified as state-limited-use, pursuant to the Act, §76.003.

(b) In addition to the definitions set out in the Act, §76.001, and §7.1 of this chapter (relating to Definitions), the following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) LPC applicator--A person who has obtained a license from the department as a private, commercial, or noncommercial applicator or who has obtained a private applicator certificate and has fulfilled the requirements for livestock protection collar certification as set forth in this section. Private applicators may certify to use the livestock protection collar on property owned, leased, or rented by the person or the person's employer or under the person's general control. Employees of government agencies who apply collars in administration of official duties or persons that apply collars on their own or employer's property may obtain a livestock protection collar certification under a noncommercial license. Persons operating a business or employed by a business to apply livestock protection collars on the property of another for hire must obtain livestock protection collar certification under a commercial applicator license.

(2) Livestock protection collar (LPC)--A collar-like device which has been filled with the active ingredient sodium fluoroacetate (Compound 1080) to control predation.

(3) Registrant agent--A representative of a registrant. Each registrant agent must be a licensed pesticide dealer or a licensed private, commercial, or noncommercial applicator certified in the livestock protection collar subcategory, and approved by the department to distribute livestock protection collars to approved LPC applicators.

(4) Collar pool agent--A person designated by the department to operate a livestock protection collar pool. Each collar pool agent must be a licensed pesticide dealer or county extension agent, a certified private applicator certified in the livestock protection collar subcategory, or a licensed private, commercial, or noncommercial applicator certified in the livestock protection collar subcategory and approved by the department to distribute livestock protection collars to approved LPC applicators.

(c) Distribution requirements. Registrants, registrant agents, and collar pool agents distributing livestock protection collars must meet the following requirements.

(1) Each registrant must obtain a license under the Act, §76.071, and comply with the provisions of §7.20 of this chapter (relating to Application).

(2) Each registrant and registrant agent who distributes livestock protection collars must obtain a license as a private, commercial, or noncommercial applicator with certification in the livestock protection collar subcategory and a pesticide dealer license. Each collar pool agent who distributes livestock protection collars must possess a private applicator certification and obtain certification in the livestock protection collar subcategory or obtain a license as a private, commercial, or noncommercial applicator with certification in the livestock protection collar subcategory and, except for county extension agents, a pesticide dealer license. Collars shall be distributed only by registrants or agents and only to certified livestock protection collar applicators.

(3) Livestock protection collars may not be distributed by registrants or agents to persons other than registrants or agents for the purpose of resale.

(4) Each registrant may designate registrant agents and shall file with the department written notice of the name, home address, address of distribution site, and telephone number of each agent. The registrant shall notify the department of any change in this information within ten days. The department shall notify the registrant in writing if the agent is approved or disapproved.

(5) Each livestock protection collar shall have a unique serial number clearly and firmly affixed to it.

(6) Registrants and agents shall dispose of livestock protection collars strictly in accordance with label directions.

(7) Registrants and agents shall distribute the forms prescribed by the department for use by LPC applicators with each distribution of livestock protection collars.

(8) Registrants and agents shall report to the department any incident or complaints of misuse involving a livestock protection collar.

(d) In order to be certified as an LPC applicator, the following criteria must be met.

(1) A person seeking certification as a licensed commercial LPC applicator shall comply with the licensing requirements of §7.22 and §7.23 of this chapter (relating to Licensing of Applicators and Applicator Business Proof of Financial Responsibility), complete livestock protection collar training, pass a test prescribed by the department, and pay the license fee prescribed by §7.20 of this chapter (relating to Application).

(2) A person seeking certification as a licensed noncommercial LPC applicator shall comply with the licensing requirements of §7.22 of this chapter (relating to Licensing of Applicators), complete livestock protection collar training, pass a test prescribed by the department and pay the license fee prescribed by §7.20 of this chapter.

(3) A person seeking certification as a private LPC applicator must possess a valid private applicator certificate or a private applicator license in accordance with §7.22 of this chapter (relating to Licensing of Applicators), complete livestock protection collar training, and pass a test prescribed by the department. No testing fee will be collected from private applicators.

(4) All LPC applicators must recertify as required by §7.24 of this chapter (relating to Applicator Recertification). Each LPC applicator is responsible for giving written notice to the department of any change of address. The department may require retraining and retesting of any LPC applicator who fails to comply with the use, recordkeeping or other requirements of the department.

(5) The licensing requirements of §7.25 of this chapter (relating to Expiration and Renewal of Licenses) apply to all LPC applicators.

(e) LPC applicators must undergo training, including training in the following areas:

(1) the proper use of the livestock protection collar;

(2) the proper method of disposing of collars and contaminated materials;

(3) health and safety hazards, safe handling techniques, and emergency treatment in cases of accidental exposure;

(4) recordkeeping and reporting requirements;

(5) proper methods of identifying causes of predation; and

(6) approved methods of predator management.

(f) All LPC applicators shall comply with the label, including the use restrictions, when using the livestock protection collar. Copies of the label and applicator record forms shall be obtained with the purchase or transfer of any collar from a registrant or agent. Additional copies of the label and forms may be obtained from the department.

(g) Each registrant shall maintain records for the registrant and all registrant agents on forms prescribed by the department for at least two years which include:

(1) an inventory of Compound 1080 and an inventory of livestock protection collars including the serial number, size, type of straps, number of straps, and configuration for each collar. An annual production report shall be filed on forms prescribed by the department by each registrant by January 31 for the previous calendar year reporting on the number and type of livestock protection collars produced and distributed and on the quantity of Compound 1080 purchased and used;

(2) information on all distributions to applicators or agents, including:

(A) the date of distribution;

(B) the name, telephone number, address, and applicator license number of each LPC applicator who purchased or received a collar;

(C) the number of livestock protection collars distributed; and

(D) the serial number of each collar.

(3) A record of all distributions of collars by a registrant or agent shall be submitted to the department monthly. A report is not required for months in which a distribution does not occur.

(4) Each collar pool agent shall notify the department monthly of all distributions of collars and shall maintain records for at least two years, including:

(A) the date of distribution or receipt of collars;

(B) the name, telephone number, address, and applicator license number of each LPC applicator who purchased, transferred, or received a collar;

(C) the number of livestock protection collars distributed;

(D) the serial number of each collar; and

(E) the names and addresses of collar pool members.

(5) Each LPC applicator shall maintain records on the use of the collar on forms prescribed by the department. The records shall include:

(A) the serial number of the collar attached to livestock;

(B) the pasture(s) where collared livestock were placed;

(C) the dates of each attachment, inspection, and removal;

(D) the number and locations of livestock found with ruptured or punctured collars and the apparent cause of the damage;

(E) the number, dates, and approximate location of collars lost;

(F) the species, locations, and dates of all animals suspected to have been killed by collars;

(G) all suspected poisonings of humans, domestic animals, or nontarget wild animals resulting from collar use and all other accidents involving the release of Compound 1080; and

(H) number of collars in storage.

(6) Each LPC applicator shall maintain a copy of collar use records for at least two years.

(7) Each registrant, agent, or LPC applicator shall report accidents involving any suspected or actual poisoning of threatened or endangered species, humans, domestic animals, or nontarget wild animals to the department within one working day by telephone.

(h) Instructions to noncertified applicators working under the supervision of a licensed LPC applicator. The licensed LPC applicator shall give appropriate verifiable instructions on the use of the collar to a noncertified person as required by §7.31 of this chapter (relating to Supervision) before the noncertified person may handle the collar. Licensed commercial LPC applicators must be physically present to supervise use of collars by noncertified applicators. Certified private applicators authorized to apply collars may not supervise any person using collars.

Source Note: The provisions of this §7.39 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective March 9, 2023, 48 TexReg 1286