Chapter 76. Pesticide and Herbicide Reguations - Texas Pesticide Law

Question 1

Define active ingredient.

a. in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that prevents, destroys, repels, or mitigates a pest
b. in the case of a regulator, an ingredient that through physiological action accelerates or retards the rate of growth or rate of maturation or otherwise alters the behavior of an ornamental or crop plant or the product of an ornamental or crop plant
c. in the case of a defoliant, an ingredient that causes leaves or foliage to drop from a plant
d. in the case of a desiccant, an ingredient that artificially accelerates the drying of plant tissue
e. all of the above

Answer 1

e. all of the above (a. in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that prevents, destroys, repels, or mitigates a pest b. in the case of a regulator, an ingredient that through physiological action accelerates or retards the rate of growth or rate of maturation or otherwise alters the behavior of an ornamental or crop plant or the product of an ornamental or crop plant c. in the case of a defoliant, an ingredient that causes leaves or foliage to drop from a plant d. in the case of a desiccant, an ingredient that artificially accelerates the drying of plant tissue)

Question 2

When an active ingredient is a dessicant, what does the dessicant do to the plant tissue?

a. causes leaves or foliage to drop from a plant
b. artificially accelerates the drying of plant tissue
c. makes it hold water
d. none of the above

Answer 2

b. artificially accelerates the drying of plant tissue

Question 3

Define department.

a. department of agriculture
b. department of horticulture
c. department of health

Answer 3

a. department of agriculture

Question 4

Define equipment.

a. a pressurized hand-sized household apparatus used to apply a pesticide or any equipment or contrivance for which the person applying the pesticide is the source of power or energy used in making the pesticide application
b. any type of ground, water, or aerial equipment or contrivance employing motorized, mechanical, or pressurized power and used to apply a pesticide to land or to anything that may be inhibiting or growing or stored on or in the land
c. neither a or b
d. both a and b

Answer 4

b. any type of ground, water, or aerial equipment or contrivance employing motorized, mechanical, or pressurized power and used to apply a pesticide to land or to anything that may be inhibiting or growing or stored on or in the land

Question 5

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is the federal law that regulates pesticides nationwide. State laws and regulations can be more restrictive (or more stringent) than this act.

true or false

Answer 5

true

Question 6

Define label

Answer 6

means the written, printed, or graphic matter on or attached to a pesticide or device or any of its containers or wrappers

Question 7

Define “Labeling”.

Answer 7

means a label or any other written, printed or graphic matter prepared by a registrant:
(A) accompanying the pesticide or device at any time; or
(B) to which reference is made on a label or in literature accompanying or referring to a pesticide or device, except accurate, nonmisleading references made to a current official publication of a federal or state institution or agency authorized by law to conduct research in the field of pesticide.

Question 8

Define land.

Answer 8

means any land or water area, including airspace, and any plant, animal, structure, building, contrivance, or machinery, whether fixed or mobile, appurtenant to or situated on a land or water area or airspace, including any used for transportation.

Question 9

Define license use category. (see list at §7.21(a)(b))

Answer 9

means a classification of pesticide use based on the subject, method or place of pesticide application.

Question 10

What is a substance or mixture of substances intended to prevent, destroy, repel or mitigate any pest or any substance or mixture of substances intended for use a plant regulator, defoliant or dessicant?

Answer 10

Pesticide

Question 11

Explain the difference between a pesticide, an insecticide and a herbicide (common knowledge).

Answer 11

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Question 12

Explain the difference a Restricted-Use Pesticide and a State -Limited Use Pesticide and tell which classification is given by the U.S. Environmental Protection Agency. (see definition).

Answer 12

Restricted-Use Pesticide means a pesticide classified as a restricted-use pesticide by the Environmental Protection Agency.
State-Limited Use Pesticide - means a pesticide classified for restricted or limited use by the Texas Natural Resource Conservation Commission (TNRCC) for the entire state or for a designated area within the state.

Question 13

The Texas Natural Resource Conservation Commission (TNRCC) and the Texas Department of Agriculture (TDA) may each adopt rules related to water quality. Are these rules more stringent from one agency or the other?

Answer 13

idk

Question 14

Name the lead agency for pesticide regulation in Texas. (see cover published by the _____________ ________ ____ _______)

Answer 14

Texas Department of Agriculture

Question 15

What does TDA, TNRCC, TDH, TSPCB (SPCB) stand for? (Know these regulatory agencies and their acronyms.)

Answer 15

TDA - Texas Department of Agriculture
TNRCC - Texas Natural Resource Conservation Commission
TDH - Texas Department of State Health
TSPCB (SPCB) - Texas Structural Pest Control Board (Structural Pest Control Board)

Question 16

Name the federal agency with jurisdiction over use and regulation of pesticides in the U.S.

Answer 16

U.S. Environmental Protection Agency.

Question 17

Is it necessary for the re-entry requirements and pre-harvest intervals on labels be consistent with federal regulations? (EPA = rule; TDA = enforcement

Answer 17

i

Question 18

The restricted entry interval required by state or federal law or regulation may not be the same as the restricted entry interval required on the label but which ever is longest must always be observed.

Answer 18

r

Question 19

Whenever there is a probable cause to believe that serious contamination of water has occurred are the Texas Natural Resource Conservation Commission (TNRCC) and the Texas Department of Agriculture (TDA) required to notify each other?

Answer 19

yes

Question 20

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) determines what information must be on all pesticide labels (including appropriate warnings, information, and symbols, etc.) (labeling and label requirements)

Answer 20

k

Question 21

Summarize the types of information that must be on the pesticide label.

Answer 21

name under which it is distributed, name and percentages of active ingredients, total percentage of inert ingredients, directions for use, name of the manufacturer, lot or batch identification and warning symbols or signs

Question 22

Will the label always have the signal word “CAUTION”? If not, what other signal words might be on the label? (words not listed = common knowledge)

Answer 22

caution will not always be on the label, could be “warning”, or any other caution word.

Question 23

Will the percentage of each active ingredient always be on the label?

Answer 23

yes

Question 24

Pesticides sold for application in Texas must be registered with the Texas Department of Agriculture?
True or false

Answer 24

True

Question 25

When trying to meet a special local need (SLN), can the Texas Department of Agriculture register a pesticide for additional uses and methods of application not covered by federal registration but not inconsistent with federal law? True or false

Answer 25

True

Question 26

Review the requirements for a Dealers license.

Answer 26

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Question 27

Name the categories of pesticide application that would fall under the direct jurisdiction of the Texas Structural Pest Control Board (SPCB) or the Texas Department of Health (TDH) rather than the Texas Department of Agriculture.

Answer 27

f

Question 28

List three types of pesticide applicators who must comply with the Texas Pesticide Law and Pesticide and Herbicide Regulations.

Answer 28

commercial applicator
noncommerical applicator
private applicator

Question 29

Under what conditions can a person use a restricted-use or state-limited-use pesticide or regulated herbicide in a regulated county?

Answer 29

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Question 30

Name three types of applicators that are licensed by TDA. (more depth)

Answer 30

g

Question 31

Name the type of applicator that can apply a restricted-use or state-limited-use pesticide as part of a business for hire or compensation to the land of another person.

Answer 31

k

Question 32

Is there any time when a licensed pesticide applicator may make applications of restricted-use or state-limited-use pesticides in categories in which the applicator is NOT certified?

Answer 32

f

Question 33

A commercial applicator business must provide proof of financial responsibility of not less than $____________ for property damage per occurrence and $___________ for bodily injury per occurrence or a general aggregate at a minimum of __________ per occurrence.

Answer 33

g

Question 34

Explain how an agricultural employee can be classified as a private applicator.

Answer 34

f

Question 35

Explain what a certified private applicator can and can not do.

Answer 35

s

Question 36

When do commercial, non-commercial, and private applicator licenses expire?

Answer 36

f

Question 37

Can a late fee be charged before a license will be issued if a commercial or noncommercial applicator fails to obtain all required CEUs and/or re-license by the annual renewal date?

Answer 37

j

Question 38

Commercial, non-commercial, and private applicators must maintain records of what types of applications? (NOTE: it is not the same for each one)

Answer 38

g

Question 39

Is the following a true statement? “A person required by the Texas Herbicide Law to be licensed as a commercial applicator or a non-commercial applicator shall maintain records of all pesticide applications made regardless of the use classification of the pesticide applied.”

Answer 39

h

Question 40

Which agency can inspect all equipment used to spray restricted-use and state-limited-use regulated herbicides?

Answer 40

l

Question 41

Is any type of applicator exempt from equipment inspection by the Texas Department of Agriculture.

Answer 41

k

Question 42

What sort of equipment must display a decal? (76.115d)

Answer 42

Each piece of registered equipment shall be identified by a license plate or decal.

Question 43

List some of the enforcement actions that may be taken when the pesticide laws are violated. (76.116.a)

Answer 43

license may be suspended, modified or revoked; assess an administrative penalty; place the applicator on probation or a combination of all of these.

Question 44

List actions that may result in a license being suspended, modified or revoked.

Answer 44

operated in a faulty, careless or negligent manner; refused or neglected to keep or maintain records; failed to maintain financial responsibility; made fraudulent records, invoices or reports; used fraud when applying for a license; refused or failed to comply with laws, or license rules

Question 45

If an applicator’s license is suspended list three types of pesticides he is NOT allowed to apply even under the direct supervision of another applicator. ( f)

Answer 45

an applicator whose license or certificate is under suspension or revocation by a regulatory agency may no apply restricted-use or state-limited use pesticides or regulated herbicides, even under the direct supervision of another applicator

Question 46

Explain when an applicator is required to provide information to the fire chief

Answer 46

applicator shall provide information to the fire chief when he stores products listed under the FIFRA in an amount that exceeds 55 gallons, 500 pounds, or a lesser amount the TDA determines by rule for certain highly toxic or dangerous chemicals within 1/4 mile of a residential area composed of three or more private dwellings.

Question 47

Note: 76.142.b. Read This !

Answer 47

k

Question 48

For the purpose of inspection, when can a Texas Department of Agriculture representative enter a public or private premises to inspect application equipment, pesticide storage, disposal sites and land where pesticides have been applied or reported to have been exposed to pesticides.

Answer 48

d

Question 49

Can a producer harvest a crop if he has been issued a Stop Use, Stop Distribution or Removal Order by the Texas Department of Agriculture and the order has not been lifted 76.153/7.61

Answer 49

d

Question 50

The administrative penalties for violations of Chapter 76 of the Texas Agricultural Code or rules or orders of the Texas Department of Agriculture for administration of these chapters may not exceed $_______ for all violations related to a single incident. 76.1555.a

Answer 50

$5,000

Question 51

The civil penalty shall not exceed $______ for all violations related to a single incident.
76.156.b

Answer 51

$25,000

Question 52

Remember that a pesticide must be registered in the state to be used in the state and no person can use or cause to be used any pesticide contrary to its labeling or contrary to a rule of the Department limiting the use of the pesticide. (Review - offenses)

Answer 52

g