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RULE §3.23 Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies

Published: 2015

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(a) Any applicator or applicators retained by the Boll Weevil Eradication Foundation (the foundation) to apply or cause to be applied pesticides for the purpose of eradication of the cotton boll weevil in an established zone will make such applications in accordance with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Texas pesticide laws and regulations, the pesticide label requirements of the product being used, the federal guidelines under the National Boll Weevil Cooperative Control Program (Environmental Impact Statement (EIS), Volumes 1 and 2), and any other special provision provided for in this section. (b) The foundation shall establish procedures for each zone that are consistent with specific parts of the Texas pesticide regulations relating to prior notification and reentry into sprayed fields and found at §§7.25-7.31 of this title (relating to Scope of Pesticide Application Standards;
Notification Requirements; Worker Reentry into Fields; Reentry Instructions; Forbidden Pesticide Practices; Reentry Intervals; and Establishing Reentry Intervals) to ensure compliance with requirements regarding prior notification and reentry. (c) The foundation shall establish any zone-specific rules needed in addition to the requirements of subsections (a) and (b) of this section after analyzing each zone for special identified risk to humans, livestock, wildlife, honeybee colonies, or the environment. Such analysis will allow for specific rules to be written by the foundation for each zone with special concerns. (d) Beekeepers must file the location of their hives and their address and phone number with the Chief Apiary Inspector, Apiary Inspection Service, Entomology Department, Texas A&M University, College Station, Texas 77843-2475, so that a list of beekeepers may be prepared for each county and furnished to the foundation. In lieu of
filing the location of hives and names and addresses with the chief apiary inspector, any beekeeper may file such information with the county extension agent for the county in which hives are located. The foundation shall notify or cause to be notified beekeepers located adjacent to any fields being sprayed prior to the application at the earliest time possible to allow the beekeeper to restrict the bees leaving the hive or to move the hives until danger to the bees has diminished. In addition, the foundation will make available the zone plans to any beekeeper upon request.

Source Note: The provisions of this §3.23 adopted to be effective October 15, 1993, 18 TexReg 6735.