State laws and regulations chapter 2

Question 1

What is the lead agency for the regulation of pesticides in Texas?

Answer 1

Texas Department of Agriculture (TDA)

The TDA oversees registration, distribution, and use of pesticides in Texas.

Question 2

What power does the Texas Pesticide Law grant to the TDA?

Answer 2

The power to oversee registration, distribution, and use of pesticides in Texas

This includes enforcement of federal pesticide laws in cooperation with the EPA.

Question 3

Which other agency regulates pesticide use in Texas?

Answer 3

Texas Commission on Environmental Quality (TCEQ)

TCEQ regulates hazardous materials and can initiate regulatory actions against violations.

Question 4

What classification do pesticides fit under according to TCEQ?

Answer 4

Hazardous materials and hazardous waste

This classification allows TCEQ to regulate pesticide use.

Question 5

What is required before a pesticide can be used in Texas?

Answer 5

Every pesticide must be registered with the TDA

Registration is a key requirement under the Texas Pesticide Law.

Question 6

What information may the TDA require on pesticide labels?

Answer 6

Certain label information before pesticides can be used

Labeling requirements are part of the regulatory framework.

Question 7

What does the section on use and application authorize the TDA to do?

Answer 7

Regulate pesticide use and application, and coordinate activities of other state agencies

This section also establishes licensing requirements for certified applicators.

Question 8

What is necessary to distribute a restricted or state-limited pesticide in Texas?

Answer 8

A dealer’s license from the TDA

This includes regulated herbicides.

Question 9

What rules may the TDA make regarding pesticides?

Answer 9

Rules governing the storage and disposal of pesticides and pesticide containers

Proper storage and disposal are essential for environmental safety.

Question 10

What enforcement powers does the TDA have?

Answer 10

The TDA can enter public or private property to inspect, examine or sample pesticides

This authority enables the TDA to enforce compliance with pesticide regulations.

Question 11

What does the section on Penalties define?

Answer 11

Legal offenses and their penalties

It also describes defenses allowed by the law.

Question 12

What does the Remedies section explain?

Answer 12

How to appeal rulings by the TDA

Question 13

What are Texas Pesticide Regulations?

Answer 13

Rules set by the TDA to enforce the Texas Pesticide Law

Question 14

What factors determine the restrictions placed on pesticides in Texas?

Answer 14

Package size, dilution requirements, and county provisions

Question 15

What are State-Limited-Use Pesticides (SLUs)?

Answer 15

Pesticides classified as SLU when distributed in large containers and require further mixing and dilution

Question 16

What is the capacity limit for liquid materials to be classified as SLU?

Answer 16

Larger than 1 quart

Question 17

What is the capacity limit for dry or solid materials to be classified as SLU?

Answer 17

Greater than 2 pounds

Question 18

Name some Type I SLUs.

Answer 18

• 2,4-D
• 2,4-DB
• 2,4-DP
• MCPA
• Quinclorac
• Dicamba
• Propanil
• Bromacil
• Prometon

Question 19

What active ingredients classify certain pesticides for livestock predation control?

Answer 19

• Sodium floroacetate (Compound 1080 [LPC])
• Sodium cyanide (M-44)

Question 20

What are Regulated Herbicides (RH)?

Answer 20

Pesticides classified as RH when used in a regulated county

Question 21

What can the commissioners court do in a regulated county regarding RH?

Answer 21

Set additional rules on the use of these herbicides at a public hearing

Question 22

What must happen for rules on RH to become effective?

Answer 22

Publication in the Texas Register

Question 23

What is the capacity limit for RH products in containers?

Answer 23

Larger than 1 quart for liquid materials or greater than 2 pounds for dry or solid materials

Question 24

Name some pesticides classified as Regulated Herbicides (RH).

Answer 24

• 2,4-D
• Dicamba (polychlorinated benzoic acids)
• MCPA
• Quinclorac

Question 25

What are Type II SLUs classified as?

Answer 25

Predacides

Question 26

Name a Type II SLU.

Answer 26

* M-44 * LPC

Question 27

What may a county prohibit regarding restricted herbicides (RH)?

Answer 27

A county may prohibit the use of a RH in all or part of the county.

Question 28

What must applicators obtain from the nearest TDA regional office?

Answer 28

Applicators must obtain spray permits.

Question 29

Under Texas Pesticide Regulations, what must dealers have to sell regulated herbicides?

Answer 29

Dealers must have a pesticide license.

Question 30

What must out-of-state dealers submit to the TDA each month?

Answer 30

Monthly sales records of all restricted-use pesticides, state-limited-use pesticides, and regulated herbicides.

Question 31

How long must dealers maintain sales records?

Answer 31

Dealers must maintain sales records for 2 years.

Question 32

What are the criteria for exemptions from classification of certain pesticide formulations?

Answer 32

* Specialty fertilizer mixtures in containers with a capacity of 50 pounds or less labeled for ornamental use * Products that are ready to use and require no further mixing or dilution in containers with a capacity of 1 gallon or less for liquid formulations and 4 pounds or less for dry or solid formulations.

Question 33

What is the responsibility of farm personnel regarding prior notification before applying pesticide?

Answer 33

Farm personnel must notify adjacent landowners and others 24 hours before an aerial, mist-blown, or airblast application.

Question 34

What is the reentry requirement for workers after pesticide application?

Answer 34

Workers must not enter a field treated with a pesticide until the reentry interval has expired, unless wearing suitable protective clothing.

Question 35

What should a person wear if the pesticide label does not specify personal protective equipment (PPE)?

Answer 35

Long sleeves, long pants, non-canvas shoes, and socks.

Question 36

What do livestock protection collar requirements regulate?

Answer 36

The sale and use of the active ingredient sodium fluoroacetate and devices for livestock predation control.

Question 37

What do M-44 sodium cyanide requirements regulate?

Answer 37

The sale and use of the active ingredient sodium cyanide and devices for livestock predation control.

Question 38

What is the primary enforcement body of the Texas Structural Pest Control Act?

Answer 38

Texas Structural Pest Control Service (SPCS) ## Footnote The SPCS is responsible for certifying and licensing individuals in structural pest control.

Question 39

What does the Texas Structural Pest Control Act authorize the SPCS to do?

Answer 39

Certify and license persons engaged in structural pest control ## Footnote This includes setting rules on pest control methods affecting public health.

Question 40

What is required of business licensees and certified applicators under the Texas Structural Pest Control Act?

Answer 40

Keep a 2-year record of their work ## Footnote This includes all uses of pesticides and pest control devices.

Question 41

What must be done before indoor or outdoor pesticide applications?

Answer 41

Hand out SPCS consumer information sheets ## Footnote Additionally, notice must be posted at least 48 hours before indoor treatments at public buildings.

Question 42

What are the penalties under the Texas Structural Pest Control Act?

Answer 42

Loss or suspension of license, Class C or Class B misdemeanor conviction, civil penalty of $50 to $5,000 for each violation ## Footnote Penalties can accrue for each day of violation.

Question 43

What is considered 'hazardous waste' under the Texas Structural Pest Control Act?

Answer 43

Certain waste pesticides ## Footnote Their disposal is regulated under the Federal Resource Conservation and Recovery Act (RCRA) and the Texas Solid Waste Disposal Act.

Question 44

Who administers the Texas Solid Waste Disposal Act?

Answer 44

Texas Commission on Environmental Quality (TCEQ) ## Footnote This body is responsible for overseeing waste disposal regulations in Texas.

Question 45

What should individuals do to prepare for TDA Agricultural or SPCS test questions?

Answer 45

Obtain copies of the applicable laws ## Footnote The TDA and Texas AgriLife Extension Service can provide these laws and regulations for study.

Question 46

True or False: The Texas Structural Pest Control Act provides a comprehensive overview of all pesticide regulations.

Answer 46

False ## Footnote The chapter is a brief overview and does not fully prepare individuals for test questions.

Question 47

Fill in the blank: The Texas Solid Waste Disposal Act regulates the disposal of _______.

Answer 47

hazardous waste ## Footnote This includes certain waste pesticides as determined by the act.