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Texas Department of Agriculture Pesticide Laws & Regulations: Commericial/Noncommercial > Chapter 7. Pesticide and Herbicide Regulations - Texas Pesticide Regulations > Flashcards

Chapter 7. Pesticide and Herbicide Regulations - Texas Pesticide Regulations Flashcards

1
Q

Define “volatility”. //(why is this important)

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2
Q

EPA determines if a pesticide is a restricted-use pesticide. TDA determines if a pesticide is classified as state-limited-use.

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3
Q

Review label requirements carefully.

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4
Q

Know the criteria required for obtaining a Special Local Needs registration.

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5
Q

List the four items the department must determine before approving a Special Local Need (SLN)

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6
Q

It is the responsibility of the licensee to give notice to the department of any change of address or
employment of the licensee. How quickly should TDA be notified?

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7
Q

The use categories under which a commercial or noncommercial applicator may be certified are based on the subject, method, or place of pesticide application. Look at the list and note examples of each.

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8
Q

Define “nurseryman”.

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9
Q

Under the Texas Pesticide Regulations what special requirements must be satisfied, for a commercial applicator to be certified by the Texas Department of Agriculture in the Ornamental Plant and Turf Pest Control Subcategory. (7.21 (c)(2) (actually this is to satisfy the Texas Structural Pest Control Board Regs)

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10
Q

The Texas Department of Agriculture certifies commercial pesticide applicators in the Ornamental and Turf Pest and Weed control subcategories only if the applicator is a nurseryman or confines applications only to oramental and turf plants at the production site. (must see Texas Structural Pest Control Board Regs)

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11
Q

In order to receive a commercial or non-commercial license the applicator must make a passing score on the general pesticide applicator examination, the laws and regulations examination, and one or more category exams. The fee for taking category exams is $24.00 each.

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d

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12
Q

Individual exam scores for the commercial or non-commercial license are only good (valid) for months. After this time, retesting will be required of anyone who does not complete licensing requirements.

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13
Q

Private applicators must be engaged in the production of an agricultural commodity, they may be an employee of an agricultural producer if the employer pays for all pesticide and equipment used. Private applicators are required to attend a training class and then has 5 years to pass the private applicators exam. The applicant does not get a license until the exam has been passed. Retraining and retesting will be required if all requirements are not met within the 5 year period.

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14
Q

One full hour of actual approved instruction is required in order to receive one hour CEU credit.

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15
Q

Review the types of activities that qualify for recertification credits.

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16
Q

Can a private independent applicator business provided CEU courses? §7.24(e)(2)

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17
Q

Commercial and noncommercial applicators must acquire a minimum of 5 continuing education credits every . (These 5 credits must include one (1) credit in two of the following categories: laws and regulations, integrated pest management and drift minimization)

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18
Q

Sponsors of CEU activities should distribute a completion certificate at the time of the activity to the applicators who have successfully completed the activity. The completion certificate should indicate 1) the sponsor, 2) the date, 3) the county, 4) the name of the activity, 5) the amount and type of credit earned, and 6) the TDA course number.

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19
Q

Commercial and noncommercial applicators (who have licensed before September 1 of a year) must obtain five (5) continuing education credits by December 31 in order to re-license the following year. (If the license was obtained after the Sept. 1 date, the applicator does not have to renew until the next year) §7.2.4(t) - - - OLD

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20
Q

Private applicators must obtain 15 CEOs including 2 hours of laws and regulations and 2 hours of integrated pest management prior to the last day of February of the year their license expires (a private applicator license is good for 5 years).

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21
Q

The herbicide 2,4-dichlorophenoxyacetic acid (2.,4-D) is regulated by the Texas Pesticide Regulations. (List another regulated herbicide)

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22
Q

Will all pesticide labels have “state-limited-use” stamped on the label?

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23
Q

If there is a discrepancy between supervision requirements between federal laws or regulations, state laws or regulations, or the pesticide label, which should you (the applicator) follow? §7.31 (a)

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24
Q

Which licensed applicators may supervise the use of restricted-use and state-limited-use pesticides in Texas?

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25
Q

A licensed commercial or noncommercial applicator may supervise non-licensed applicators making application of restricted-use pesticides ONLY in categories in which the licensed applicator is certified.

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26
Q

Commercial applicators that supervise non-licensed applicators applying restricted-use or state-limited-use pesticides are not required to be physically present but the must always be available to the non-licensed applicator when and if needed. (see §7.31 (g))

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27
Q

Is the licensed applicator responsible for any actions of a person working under the licensee’s direct supervision. (see also - 170.9.c compare 76.142.b for a similar but slightly different situation)

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28
Q

List three of the duties that working (for the purposes of supervision) with a restricted-use or state limited-use pesticide may include.

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29
Q

Licensed private applicators and noncommercial applicators directly supervising non-licensed
applicators must assure that persons under their supervision are knowledgeable of laws, regulations, and label requirements for any restricted-use or state-limited-use pesticide being applied. Study through this section on Supervision 7.31 carefully.

A

g

30
Q

List some ways that licensed applicators may verify that persons working under their supervision are knowledgeable of label requirements and any rules and regulations governing the use of a particular pesticide.

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31
Q

Licensed applicators employed by political subdivisions or cemeteries must train nonlicensed employees that they supervise on an annual basis - 7.31.f

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32
Q

How many years must commercial and noncommercial applicators keep records of all pesticide applications after the date of application.

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33
Q

All commercial/noncommercial applicators must keep records of all pesticide applications for at least two years.

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34
Q

List the types of information required on pesticide application records of commercial and noncommercial applicators. - §7.33 Records of application See the example TAEX record keeping form. You may develop your own form but all of the required information must be there.

A

g

35
Q

The record of application requirement, “total volume of spray mix, dust, granules, or other materials applied per unit” means “total combined volume of pesticide(s), carrier and or additives applied per unit” (Spray mix = combined volume) (7.33b5D)

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36
Q

If several applications are being made from a single load of pesticide spray mix to sites in close proximity, a single beginning time may be given for all applications. However, the applicator must record each application in order and include the location and the person for whom the application was made. (Review 7.33c carefully)

A

h

37
Q

record of each pesticide application shall be kept current and be maintained at the applicator’s place of business as designated on the applicator’s application/renewal for the pesticide applicators license. (7.33 d)/(76.114 a-d)

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38
Q

Any licensee must make records of pesticide applications available for inspection to the Texas
Department of Agriculture upon request.

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39
Q

Look over the Example Pesticide Record Keeping form. One of the most common items to over look is to record wind speed and direction and this can easily be done with a hand held wind meter and reference to the sun and shadows.

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40
Q

Is there any condition that would allow an applicator to dispose of, discard or store any pesticide or pesticide container in a manner that may cause or result in injury to humans, vegetation, crops, livestock, wildlife, pollinating insects or pollution of any water supply or water way? (7-34.a)

A

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41
Q

Pesticide containers, concentrates, spray mixes, pesticides, and pesticide rinsates should be disposed of in accordance with the label instructions and in accordance with the Texas Solid Waste Disposal Act, Texas Health and Safety Code. (7.34.e)

A

g

42
Q

The applicator, the owner of the pesticide, and/or the person in control of the mixing site shall be jointly and severally liable for proper storage and disposal of pesticide containers and contents. (7.34.f) see also pg. 27 - 76.142

A

s

43
Q

When application equipment is registered with TDA because it is used in the commercial application of restricted-use or state-limited-use pesticides or regulated herbicides, how is it identified? (in §76.115)

A

h

44
Q

Under the Texas Pesticide Regulations, the term equipment includes ground, aquatic or aerial equipment employing motorized, mechanical or pressurized power to apply a regulated pesticide. (see page 5 definitions)

A

f

45
Q

The department may require a decal to be placed on all commercial (for compensation)
application equipment used to apply restricted use and state limited use pesticide or regulated herbicide.

A

a

46
Q

Is a commercial licensee required to notify the Texas Department of Agriculture of any
equipment ownership changes.

A

s

47
Q

If a Texas Department of Agriculture inspector finds commercial application equipment that is unsafe or fails to-provide proper application, can the department require that needed repairs or adjustments be made to the equipment before it is allowed to be used.

A

g

48
Q

Is there any situation when an applicator may legally continue using equipment after the equipment has failed a department inspection for safe and proper application?

A

f

49
Q

When a person trains agricultural workers or pesticide handlers on pesticide safety in Texas under the Worker Protection Standard an EPA training verification card must be issued to each trainee and the roster of the training must be kept for years.

A

f

50
Q

When pesticide applications are made with aerial, airblast or mistblowing equipment, persons in charge of day care centers, schools, hospitals or nursing homes and persons who reside or work in a building within 1/4 mile of field on which pesticides may be applied may request prior notification.

A

f

51
Q

How can notification of adjoining neighbors required by the farm operator be accomplished?

A

f

52
Q

Is it acceptable to use the EPA Worker Protection Standards (WPS) flag/sign as a sign for
posting a field to provide prior notification to adjacent residents ? see the photo of sign and comment §7.36.c

A

f

53
Q

Review the paragraph on Forbidden Pesticide Practices. 7.38

A

f

54
Q

NOTE: §7.39 and §7.40 are covered in a separate manual and not on this Exam - -

A

f

55
Q

Is a permit required to spray a regulated herbicide in counties regulated by the Texas Pesticide Regulation?

A

f

56
Q

Does TDA have to come to the site and inspect the area to be sprayed and the surrounding area
before issuing a spray permit.

A

f

57
Q

Under the Texas Pesticide Regulations, what agency can issue individual or blanket permits to allow application of a regulated herbicide. (Not clear - remember these are TDA Regs so TDA is implied)

A

g

58
Q

When does a herbicide spray permit expire? a-1

A

g

59
Q

Do applications of regulated herbicides by brush, mop, wick, basal treatment or injection
methods require individual permits? a-2

A

g

60
Q

Are applications of regulated herbicides in regulated counties by airplanes and helicopters,
mistblowers and airblast sprayers, or boom sprayers exempt from the permit requirements. (the exemptions are listed - none of these are included)

A

h

61
Q

Under the Texas pesticide regulations, no person shall spray herbicides when the wind exceeds
miles per hour (MPH).

A

h

62
Q

Is the use of turbine or blower-type ground application equipment for regulated herbicides prohibited

A

h

63
Q

The Texas Pesticide Regulations should be consulted to determine if any special provisions
might apply to a specific regulated county.

A

h

64
Q

NOTE: §7.53 Special provisions for specific Counties - know that this is here and that you can look up the specific regulations for your County but you will not be tested on this County specific information.

A

h

65
Q

List 8 reasons for the issuance of a Stop Use, Stop Distribution or Removal Order?

A

j

66
Q

Could a person who is using a pesticide product that is not currently registered with EPA and/or
the department be issued A Stop Use Order ?

A

j

67
Q

Is it a violation of the Texas Pesticide Regulation to make recommendations that cause a person
to use a pesticide in a manner inconsistent with the label, such as failure to observe pre-harvest intervals?

A

j

68
Q

Can pesticides legally be applied at application intervals that are either less often or move often
than specified on label?

A

j

69
Q

Is there any situation when only one (1) pound per acre of active ingredient can be legally applied
if the label for a pesticide product states, “use three (3) pounds of active ingredient per acre” if the applicator knows that only one (I) pound of active ingredient per acre will kill the target pest?

A

j

70
Q

If a pesticide is labeled for use on a specific insect, can it be legally used to kill that insect on any
crop even if the crop is not listed on the label.

A

j

71
Q

Use inconsistent with the label directions includes failure to observe reentry intervals, preharvest
intervals, grazing restrictions, or worker protection requirements along with the items listdd Be sure to review carefully

A

g

72
Q

NOTE:
The Texas Right to Know Law Chapter 125 including
TDA enforces this law which applies to larger farrning operations and does not include it on the basic Laws and Regs Exam.

A

g

Texas Department of Agriculture Pesticide Laws & Regulations: Commericial/Noncommercial (3 decks)

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