Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,282
2223-2484 p. ; 28 cm.View a full description of this periodical.
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or increase in revenue to state or local government for the first
five year period the rule will be in effect.
Mr. Mathis has also 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 the definitive stipulation that it is illegal to use materials and
products without Board approval and makes the pesticide label
the enforcement policy. There is no anticipated economic cost
to individuals or small businesses 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 Texas Revised Civil Statutes
Annotated, Article 135b-6, which provides the Structural Pest
Control Board with the authority to license and regulate the
structural pest control industry.
Article 135b-6 is affected by this amendment.
599.1. Termite Control.
It is [ will be] illegal to use materials, products and/or methods for
termite control that are not approved by the Board.
(1) Each pesticide product or device registered by the
United States Environmental Protection Agency and/or the Texas
Department of Agriculture for termite control will be automatically
approved by the Board [board] as long as the product is applied or
used according to the instructions on the label or labeling.
(2) Products or devices not subject to the Environmental
Protection Agency or Texas Department of Agriculture registration
may be approved by the Board if the manufacturer submits a request
for approval to the Board. The request must contain the following
information:
(A) the name and address of the applicant and the
name and address of the person whose name shall appear on the
product label, if not the applicant's;
(B) the name of the product or device;
(C) a complete copy of all labeling to accompany the
product or device and a statement of all claims to be made for it,
including the directions for use;
(D) the complete formula of the product, including
active and inert ingredients;
(E) a full description of the tests made and the results
of the tests on which claims are based. These tests should be made by
a recognized testing agency or institution and support, to the Board's
[board's] satisfaction, the efficacy and safety of the product when
used as directed; and
(F) all available toxicology information, including the
antidote or effective treatment.
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-200001579
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000For further information, please call: (512) 451-7200
22 TAC 599.2
The Structural Pest Control Board proposes an amendment
to 599.2, concerning subterranean termite post construction
treatments.
The proposal substitutes application for spray mix and the
treatment sticker may be placed on the wall adjacent to water
heater, electric breaker box, beneath the kitchen sink or in the
interior bath trap access.
Benny M. Mathis, Executive Director, has determined that
there will not be fiscal implications as a result of enforcing or
administering the rule. There is no estimated additional cost,
estimated reduction in cost or estimated loss or increase in
revenue to state or 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 the clarification of termiticide applications
for post construction treatments and providing protection to the
consumer and the public at large. There will be no cost to
small businesses who are required to comply with the rule as
proposed. There is 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,
Structural Pest Control Board, 1106 Clayton Lane #100LW,
Austin, Texas 78723.
he amendment is proposed under Tex. Rev. Civ. Stat. Ann.,
Article 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest
control industry.
The following is the (statutes, articles or code) that are affected
by this rule: 599.2, Article 135b-6.
599.2. Subterranean Termite Post Construction Treatments.
(a) All pesticide applications must be made in accordance
with the directions and precautions specified on the labeling of the
pesticide used. Except, the applications of less than the labeled
concentration may be applied if the volume of application [spray
mix] is increased to achieve the intended rate of active ingredient per
foot in the treatment zone.
(b)-(c) (No change.)
(d) Upon completion of a termite treatment, other than a bait
treatment, the company responsible for providing the treatment shall
leave a durable sign on the wall adjacent to the water heater [closet],
electric breaker box, beneath the kitchen sink or in the interior bath
trap access giving the name and address of the licensee, the final
date of the treatment, and a statement that the notice should not be
removed.
(e) For a termite treatment using a bait product, the
requirement to place a durable sign [as described in subsection (4) of
this seetien] applies at the time of the first placement of baits and/or
monitoring stations.
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, 2000.25 TexReg 2282 March 17, 2000 Texas Register
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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/m1/60/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.