Section 7.30 - Classification of Pesticides(a) State-Limited-Use Pesticides Defined by Active Ingredient. (1) Except as provided by paragraphs (3) - (4) of this subsection and because of their high potential to cause adverse effects to non-target sites, a pesticide product containing an active ingredient in the following list is classified as a state-limited-use pesticide and subject to the restrictions listed in paragraph (5) of this subsection, as well as all other provisions of law generally applicable to state-limited-use pesticides. (A) 2,4-Dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester, and salt formulations;(B) 2,4-Dichlorophenoxy butyric acid (2,4-DB);(C) 2,4-Dichlorophenoxy propionic acid (2,4-DP);(D) 2-Methyl-4-Chlorophenoxyacetic acid (MCPA);(E) 3,6-Dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt;(F) 3,4-Dichloropropionanilide (propanil);(G) 5-bromo-3-sec-butyl-6-methyluracil (bromacil);(H) 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon);(I) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac);(J) Sodium flouoroacetate (Compound 1080); and(K) Sodium cyanide (M44).(2) Regulated Herbicides. (A) 2,4-dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester, and salt formulations;(B) 2-methyl-4-chlorophenoxyacetic acid (MCPA);(C) 3,6-dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt; and(D) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac).(3) Exceptions from Regulated Herbicide Classification. (A) 2,4-dichlorophenoxyacetic acid (2,4-D) or 3,6-Dichloro-o-anisic acid dicamba when used in accordance with the approved product label for transgenic auxin herbicide tolerant crops; and(B) applied by ground application equipment only; and(C) applied when winds do not exceed 10 miles per hour.(4) A pesticide product containing an active ingredient listed in this subsection is exempt from classification as a state-limited-use pesticide or a regulated herbicide under this subsection if the product: (A) is distributed in a container with a capacity less than or equal to one quart for liquid products or less than or equal to two pounds for dry or solid products;(B) is a specialty fertilizer mixture labeled for ornamental use and registered as a commercial fertilizer under Chapter 63 of the Code; or(C) is ready for use, requires no further mixing or dilution before use, and is packaged in a container of one gallon or less for liquid products or four pounds or less for dry or solid products.(5) The following are restrictions on use and distribution of state-limited-use pesticides and regulated herbicides: (A) A person may not purchase or use a pesticide classified as a state-limited-use pesticide or as a regulated herbicide under this subsection unless the person is licensed as a pesticide applicator under either the Act or working under the direct supervision of a person so licensed, or Chapter 1951 of the Texas Occupations Code.(B) A person may not distribute a pesticide classified as state-limited-use or as a regulated herbicide under this subsection to a person not authorized by this section to purchase state-limited-use pesticide or a regulated herbicide.(C) A person may not apply 2,4-dichlorophenoxyacetic acid (2,4-D) on a transgenic auxin herbicide tolerant crop unless the person has attended an auxin training course approved by the department prior to application. (i) One (1) 2,4-D continuing education unit (CEU) shall be required annually and is valid for one year from the date of course attendance.(ii) Courses shall be approved by the department and may not be less than 50 minutes in length for each active ingredient. No more than one (1) CEU will be assigned for any 50 minutes of actual instruction time in Laws and Regulations as described in § 7.24 of this chapter (relating to Applicator Recertification).(iii) Each course shall include topics on: application timing, nozzle requirements/selection, wind speed, ground speed, boom height, tank cleanout, sensitive crops, buffer zone requirements, weather conditions, drift, volatility, and inversion.(D) A person may not apply 3,6-Dichloro-o-anisic acid (dicamba) on a transgenic auxin herbicide tolerant crop unless the person has attended an auxin training course approved by the department prior to application. (i) One (1) dicamba continuing education unit (CEU) shall be required annually and is valid for one year from the date of course attendance.(ii) Courses shall be approved by the department and may not be less than 50 minutes in length for each active ingredient. No more than one (1) CEU will be assigned for any 50 minutes of actual instruction time in Laws and Regulations as described in § 7.24 of this chapter.(iii) Each course shall include topics on: application timing, nozzle requirements/selection, wind speed, ground speed, boom height, tank cleanout, sensitive crops, buffer zone requirements, weather conditions, drift, volatility, and inversion.(b) State-Limited-Use Pesticides Defined by Use.(1) Due to the high potential for adverse effects to humans, animals, or the environment and as the result of wide area public health pest control, a pesticide product otherwise classified as general use is classified as a state-limited-use pesticide when, and only when, applications are made by aerial application or with power-driven fogging equipment for the purpose of public health pest control.(2) A person may not use a pesticide for public health pest control in methods identified in paragraph (1) of this subsection unless the person is licensed as a pesticide applicator under the Act and certified in the public health pest control category as described in § 7.21 of this chapter (relating to Applicator Certification) or is working under the direct supervision of a person so licensed and is employed either by a state, county, city, or other local governmental body or is a person authorized to perform public health pest control under a contract between a state, county, city, or other local governmental body and the person or the person's employer.(c) Prohibited Pesticides. (1) Because of their persistence in the environment and bioaccumulative toxic effects, any product or substance in the following list or containing as an active ingredient a product or substance in the following list is a prohibited pesticide and subject to the prohibitions, restrictions, and requirements of paragraphs (2) and (3) of this subsection: (C) DDT (dichlorodiphenyltrichloroethane);(D) DDD (dichlorodiphenyldichloroethylene);(G) All mercury-based pesticides;(K) 2,4,5-trichlorophenoxyacetic acid (2,4,5-T); and(L) 2,4,5-trichlorophenoxypropionic acid (2,4,5-TP (Silvex)).(2) No person shall use a prohibited pesticide for any purpose.(3) A person in possession of a prohibited pesticide shall by proper storage, care, handling, and transport prevent the release of the prohibited pesticide into the environment, prevent exposure of human beings or other susceptible species to the prohibited pesticide, and dispose of the prohibited pesticide in accordance with all provisions of state and federal law.(d) State-Limited-Use Pesticides Defined by Active Ingredient and Use.(1) A pesticide product containing the active ingredient warfarin when used only as a feral hog (Sus scrofa) toxicant is classified as a state-limited-use pesticide and subject to the restrictions listed in paragraph (2) of this subsection, as well as all other provisions of law generally applicable to state-limited-use pesticides.(2) Restrictions. (A) A person may not purchase a pesticide classified as state-limited-use under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Texas Agriculture Code or Chapter 1951 of the Texas Occupations Code or working under the direct supervision of a person so licensed.(B) A person may not use a pesticide classified as state-limited-use under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Texas Agriculture Code or Chapter 1951 of the Texas Occupations Code or working under the direct supervision of a person so licensed.(C) A person may not distribute a pesticide classified as state-limited-use under this subsection to a person not authorized by this section to purchase state-limited-use pesticide.4 Tex. Admin. Code § 7.30
The provisions of this §7.30 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; Amended by Texas Register, Volume 40, Number 07, February 13, 2015, TexReg 690, eff. 2/17/2015; Amended by Texas Register, Volume 40, Number 51, December 18, 2015, TexReg 9115, eff. 12/21/2015; Amended by Texas Register, Volume 44, Number 11, March 15, 2019, TexReg 1437, eff. 3/24/2019; Amended by Texas Register, Volume 48, Number 09, March 3, 2023, TexReg 1290, eff. 3/9/2023; Amended by Texas Register, Volume 49, Number 04, January 26, 2024, TexReg 0419, eff. 1/31/2024