1. (a) The department may certify applicators in the following license use categories and subcategories:

   1. (1) agricultural pest control:

      1. (A) field crop pest control;
      2. (B) fruit, nut and vegetable pest control;
      3. (C) weed and brush control in pasture and rangeland;
      4. (D) predatory animal control;
      5. (E) farm storage pest control and fumigation;
      6. (F) animal pest control;
      7. (G) citrus pest control; and
      8. (H) livestock protection collar application;
   2. (2) forest pest control;

   3. (3) ornamental plant and turf pest control (except as provided in subsection (c)(2) of this section);

      1. (A) plant pest and weed control; and
      2. (B) greenhouse pest control;
   4. (4) seed treatments;
   5. (5) right-of-way pest control;

   6. (6) aquatic pest control:

      1. (A) aquatic plant and animal pest control; and
      2. (B) anti-fouling paint;
   7. (7) demonstration and research;
   8. (8) regulatory pest control;
   9. (9) aerial application;
   10. (10) chemigation; and
   11. (11) M-44 (Sodium Cyanide application in accordance with §7.40 of this title (relating to M-44 Sodium Cyanide--State-Limited-Use Requirements)).

2. (b) Private Applicators.

   1. (1) Producers of agricultural commodities who complete an Extension or other department approved training program for private applicators and obtain a passing score on the private applicator test may be certified in each of the categories and subcategories listed in subsection (a)(1)(A)-(G), (2), (3), (4), (6)(A), and (10) of this section. A private applicator may be certified as an aerial applicator by obtaining a passing score on the aerial applicator category test. Private applicators will not be charged a test fee.

   2. (2) The department may allow an entity other than Extension to conduct private applicator certification training if the training program:

      1. (A) has significant educational or practical content to maintain appropriate levels of competency;
      2. (B) consists of at least three hours of net instruction time;
      3. (C) complies with all applicable federal and state laws including the Americans With Disabilities Act (ADA) requirements for access to training programs; and
      4. (D) is submitted to the department for review and is approved prior to training.
   3. (3) An approved training program may include lectures, panel discussions, organized video or film with live instruction or other activities approved by the department.

   4. (4) Private applicator certification training program content must include, but is not limited to:

      1. (A) recognition of common pests to be controlled and the damage caused by them;
      2. (B) reading and understanding laws and regulations and label and labeling information, including the common name of the pesticide to be applied, pest to be controlled, application timing and methods, safety precautions, pre-harvest or reentry provisions and any specific disposal procedures;
      3. (C) application of pesticides in accordance with label instructions and warnings, including the ability to prepare the proper pesticide concentration to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven and the quantity dispersed in a given period;
      4. (D) recognition of local environmental situations that must be considered during application to avoid contamination;
      5. (E) recognition of poisoning symptoms and procedures to be followed in case of a pesticide related accident; and
      6. (F) recognition and identification of Integrated Pest Management (IPM) strategies applicable to the agricultural operation.
   5. (5) The department may deny, revoke, or refuse to renew approval for any or all private applicator training programs or sponsors if the sponsor fails to provide to the department, upon request, records of training; fails to provide the quality of training approved by the department; or fails to comply with any other requirements that are a basis for approval or that are a part of these rules.
   6. (6) The department may request prior notification of any scheduled training programs to be offered by the sponsor.
   7. (7) Each training program must be approved by the department. No activity may claim to be approved or accepted by the department or use any other such term that would lead a person to believe that it has been approved by the department unless it is so approved.
   8. (8) Each training program shall be approved for one calendar year only.
   9. (9) Department personnel may monitor all approved private applicator training programs, and all fees charged by the sponsor shall be waived for department personnel who monitor the training program.
   10. (10) Upon completion of private applicator training, the sponsor shall direct trainee(s) to the department for testing.

   11. (11) In order for a private applicator training course to be approved by the department, the sponsor must:

       1. (A) submit a completed department-prepared application form;
       2. (B) provide any additional material relevant to the activity which is requested by the department; and
       3. (C) submit the application and information required by the department at least 30 days in advance of the first date of the activity. The department may waive the 30-day provision providing all other requirements are met. The department will respond to the sponsor within ten days of receipt of the application and approve, reject, or request additional information.
   12. (12) Sponsors who wish to continue course approval must file for renewal annually on a form prepared by the department.

3. (c) Commercial and Noncommercial Applicators.

   1. (1) Commercial and noncommercial applicators certified in category (a)(7)-(10) of this section must also be certified in one or more categories from category (a)(1)-(6) of this section prior to performing regulatory pest control or research and demonstration pest control.
   2. (2) The department will certify a commercial applicator in the ornamental plant and turf pest control category only if the person is also a nurseryman or if the applicator restricts application only to ornamental and turf plants at the production site.
   3. (3) A person exempted from licensing requirements pursuant to the Structural Pest Control Act (Vernon's Texas Civil Statutes, Article 135b-6), §11(2) and (6) must be licensed with the department regardless of the use classification of the pesticide.

Source Note:The provisions of this §7.21 adopted to be effective December 4, 1997, 22 TexReg 11652.