Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,277
2223-2484 p. ; 28 cm.View a full description of this periodical.
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(3) Red List. All Category I and II pesticides (i.e.,
products carrying a WARNING or DANGER signal word), not
included in the Green List or restricted use pesticides, or state-
limited-use pesticides as defined under the Federal Insecticide,
Fungicide, and Rodenticide Act and/or the Texas Agricultural Code.
Use of Red List products requires prior written approval from the
certified applicator [Certified Applicator] and the IPM Coordinator.
A copy of the approval must be kept in a separate file in the pest
control use records for the school and clearly marked as Red List
Approvals. Red List Approvals [approvals] shall have a duration
no longer than three (3) months or three (3) applications per site,
whichever is first.
(i) Written approvals for use of Yellow and Red List[yellow
and red list] products shall be made on a form developed by
the Structural Pest Control Board. The approvals shall include a
description of the problem and justification for use of the Yellow and
Red List [yellow and red list] products. Approvals shall be kept by
the IPM Coordinator of the district for a minimum of two years.
(j) All [contracts for] pest control services [executed on or
after the effetive date of this regulatin] must be consistent with the
school district's written pest management policy.
(k) Any person found not in compliance with the Act or
this section is subject to administrative penalties under 10B. Such
persons may include the school district or certified commercial
applicator.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on March 1, 2000.
TRD-200001571
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC 595.13
The Structural Pest Control Board proposes amendments to
595.13, concerning advertising. The proposal deletes Struc-
tural Pest Control Board from disclaimers or claims which
negate or detract from labeling statements on product label in
the use of false, misleading or deceptive advertising.
Benny M. Mathis, Executive Director has determined that
there will not be fiscal implications as a result of enforcing
or administering the rule. There will not be any estimated
additional cost, estimated reduction in cost, or estimated loss
or increase in revenue for state of local government for the first
five year period the rule will be in effect.
Benny M. Mathis, Executive Director has determined that for
each year of the first five years the rule as proposed is in effect,
the public benefits anticipated as a result of enforcing the rule
as proposed will be clarification of disclaimers or claims which
negate or detract from labeling statements on product label.
This will also result in better enforcement and more protection
for the general public. There will be no anticipated economic
cost to individuals who are required to comply with the rule as
proposed.Comments on the proposal may be submitted to Frank M. Crull,
General Counsel, Structural Pest Control Board, 1106 Clayton
Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Ar-
ticle 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest con-
trol industry.
The following is the (statutes, articles or code) that are affected
by this rule. Rule Number Statute, Article or Code 595.13 Article
13b-6 595 Compliance and Enforcement
595.13. Advertising.
A licensee shall not use false, misleading or deceptive advertising.
Examples of statements or representations which constitute false,
misleading or deceptive advertising include the following:
(1) a false or misleading statement concerning the com-
position of products used;
(2) a false or misleading statement concerning the effec-
tiveness of a product as a pesticide or device;
(3) a false or misleading statement about the value of the
product for purposes other than as a pesticide or device;
(4) a false or misleading comparison with other pesticides;
(5) a statement directly or indirectly implying that a
pesticide or device is recommended or endorsed by any agency of
the state or federal government, such as "EPA Registered" or "EPA
Approved";
(6) a true statement used in such a way as to give a false
or misleading impression to the consumer;
(7) disclaimers or claims which negate or detract
[Structural Pest Control Board] from labeling statements on the
product label;
(8) claims as to the safety of a pesticide or its ingredients,
including statements such as "free from risk or harm", "safe", "non-
injurious", "harmless", or "non-toxic to humans and pets", with or
without such a qualifying phrase as "when used as directed";
(9) claims that the pesticides and other substances the
licensee applies, the application of such pesticides, or any other use
of them are comparatively safe or free from risk or harm;
(10) claims that the pesticides and other substances the
licensee applies, the applications of such pesticides, or any other use
of them, are "environmentally friendly", "environmentally sound",
environmentally aware", environmentally responsible", pollution ap-
proved", "contain all natural ingredients", "organic", or are "among
the least toxic chemicals known"; and
(11) claims regarding its goods and services for which the
licensee does not have substantiation at the time such claim is made.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on March 1, 2000.
TRD-200001572
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200PROPOSED RULES March 17, 2000 25 TexReg 2277
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Texas. Secretary of State. Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000, periodical, March 17, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113921/m1/55/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.