SECTION 7.50. General Requirements for Regulated Herbicide Applicators

(a) The following requirements are applicable to persons applying regulated herbicides in regulated counties. No person shall apply regulated herbicides as defined in §7.30 of this chapter (relating to Classification of Pesticides), without first obtaining a spray permit for such application. A blanket permit may be issued to a licensed or certified applicator. The department may require a licensed or certified applicator who has obtained a blanket permit to submit a supplemental report of any regulated herbicide applied under the terms of the permit.

(1) All permits expire when the acreage for which the permit was granted has been sprayed, or 180 days after issuance, whichever occurs first.

(2) Applications of regulated herbicides by brush, mop, wick, basal treatment, or injection method are hereby exempt from the requirements of obtaining a permit.

(3) Applications by an applicator licensed by the Texas Structural Pest Control Service in the Weed Control category as defined in §7.124 of this chapter (relating to Structural License Categories) are exempt from the permit requirements of this section.

(4) All persons applying regulated herbicides to lawns are exempt from the permit requirements of this section.

(b) All spraying of regulated herbicides must conform to these requirements in a regulated county regardless of whether or not a permit is required.

(1) Spraying high volatile herbicides is prohibited when there are susceptible crops within a four-mile radius from any point of the land to be sprayed. Highly volatile herbicides include methyl, ethyl, butyl, isopropyl, octylamyl, and pentyl esters containing various concentrations expressed in pounds of acid equivalent per gallon.

(2) No person shall spray regulated herbicides when the wind velocity exceeds 10 miles per hour or as specified on the product label, if the label is more restrictive.

(3) The use of any turbine or blower-type ground application equipment to apply regulated herbicides is prohibited.

Source Note: The provisions of this §7.50 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286