1. (a) Because of their potential to cause adverse effects to nontargeted vegetation, all pesticide products containing the active ingredients as specified in this subsection, alone or in mixtures, shall be classified as stated in paragraphs (1) and (2) of this subsection when distributed in containers of a capacity larger than one quart for liquid material or two pounds for dry or solid material. If the products are marketed using metric measures, the classification applies to containers larger than one liter or one kilogram, respectively:

   1. (1) State-Limited-Use.

      1. (A) 2,4-Dichlorophenoxyacetic acid (2,4-D); 2,4-Dichlorophenoxy butyric acid (2,4-DB); 2,4-Dichlorophenoxy propionic acid (2,4-DP); 2-Methyl-4-Chlorophenoxyacetic acid (MCPA); 3,6-Dichloro-o-anisic acid (dicamba); 3,4-Dichloropropionanilide (propanil); 5-bromo-3-sec-butyl-6-methyluracil (bromacil); and 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon); and
      2. (B) any and all pesticides and devices using the active ingredients sodium fluoroacetate (Compound 1080) and sodium cyanide, in any quantity, for livestock predation control are classified as state-limited-use pesticides. Additional requirements for the handling and use of Compound 1080 and sodium cyanide are provided at §7.39 of this title (relating to Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar--State-Limited-Use Requirements) and §7.40 of this title (relating to M-44 Sodium Cyanide--State-Limited-Use Requirements).

   2. (2) Regulated Herbicides.

      1. (A) 2,4-dichlorophenoxyacetic acid (2,4-D);
      2. (B) 2-methyl-4-chlorophenoxyacetic acid (MCPA);
      3. (C) 3,6-dichloro-o-anisic acid (dicamba).

2. (b) Formulations containing the active ingredients previously listed in this section are exempt from being classified as state-limited-use pesticides or regulated herbicides if they meet one of the criteria listed in paragraphs (1) or (2) of this subsection:

   1. (1) specialty fertilizer mixtures packaged in containers of 50 pounds or less that are labeled for ornamental use and registered as required in the Code, Chapter 63, concerning commercial fertilizer; or
   2. (2) products that are ready for use and require no further mixing or dilution before use and are packaged in containers with a capacity of one gallon or less for liquid formulations and four pounds or less for dry or solid materials.

Source Note:The provisions of this §7.30 adopted to be effective December 4, 1997, 22 TexReg 11652.