School Pesticide Enforcement & Compliance Rule

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Pest Management (IPM) document. The pest management policy must be adopted by the school board andkept on file by the district superintendent and IPM Coordinator(s). The policy must be based on generally

accepted tenets of integrated pest management, as defined by the Environmental Protection Agency. Suchtenets include, but are not limited to:

(1) strategies that rely on the best combination of pest management tactics that are compatible with human

health and environmental protection;

(2) proper identification of pest problems;

(3) monitoring programs to determine when pests are present or when pest problems are severe enough to

justify corrective action;

(4) use of non-chemical management strategies whenever practical; and

(5) preferential use of least-toxic chemical controls when pesticides are needed.

(e) Each school district must designate an IPM Coordinator(s). The IPM Coordinator(s) must implement theschool district's IPM policy. The district is responsible for the IPM Coordinator(s) compliance with TexasStructural Pest Control Board regulations and school district policy. The person(s) so designated must attend

a Texas Structural Pest Control Board approved IPM Coordinator(s) training course within twelve (12)months of designation as IPM Coordinator. The IPM Coordinator(s) must oversee and be responsible for:

(1) assisting in the coordination of pest management personnel, ensuring that all school employees who

perform pest control have the necessary training, are equipped with the appropriate personal protectiveequipment, and have the necessary licenses for their pest management responsibilities;

(2) maintaining a prioritized list of needed structural and landscape improvements;

(3) for school districts that conduct some or all pest management work through independent contractors,working with district administrators to ensure that pest control proposal specifications are compatible with

IPM principles, and that pest control contractors work under the guidelines of the district's IPM policy;

(4) ensuring that all pesticides used on school district property are in compliance with the school district'spolicies and keep current pesticide labels, and Material Safety Data Sheets (MSDS);

(5) authorizing and reviewing least hazardous, effective emergency treatments with the approval of the

certified applicator as provided for under 595.6(d), 595.7(d), 595.8(d) and this section of the TexasStructural Pest Control Board regulation;

(6) handling requests and inquiries relating to pest problems, and maintain records of any pesticide related

complaints;

(7) ensure that files are maintained regarding pesticide application records, and incidental use reports areper 595.17 Incidental Use For Schools;

(8) informing school district administrators and other personnel about IPM requirements (e.g., trainingrequirements, pre-notification and posting requirements, sanitation, and pesticide storage); and

(9) maintaining a copy of the school's IPM policy.

(f) Each school district must employ or contract with a certified applicator, who may, if an employee, also bethe IPM Coordinator(s). The certified applicator must:

as Administrative Code http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=

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(1) oversee day to day pest management needs of the district;

(2) provide written approval/justification of use of products on the Yellow List;

(3) handle and forward records of any complaints relating to pest problems, IPM activities, or pesticides tothe IPM Coordinator(s);

(4) ensure that proper pesticide application records are maintained;

(5) participate in IPM training courses approved for school IPM personnel by the Texas Structural PestControl Board;

(6) consult with the IPM Coordinator(s) concerning use of products not on the Green or Yellow List;

(7) authorize emergency treatments as provided for in subsection (e)(5) of this section.

(g) Licensed technicians must obtain written approval from the certified applicator to apply Yellow or RedList products.

(h) Pesticides approved for use on school property must be mixed outside student occupied areas of the

buildings and are classified as follows:

(1) Green List Products. All products must be one of the following: inorganic pesticides (i.e., boric acid,

disodium octoborate tetrahydrate, silica gels, diatomaceous earth); insect growth regulators; insect androdent baits in tamper-resistant containers or for crack and crevice placement only; microbe-basedinsecticides; botanical insecticides (not including synthetic pyrethroids) containing not more than 5.0%

synergists; biological (living) control agents, pesticidal soap and natural and synthetic horticultural oils.Green List products may be used at the discretion of the licensee.

(2) Yellow List Products. All EPA III and IV pesticides (i.e., products carrying a CAUTION signal word or

no signal word as exempted by the Federal Insecticide, Fungicide, and Rodenticide Act Sec. 25 (b) not

included as a Green List product, with the exception of restricted-use or state-limited-use pesticides asdefined under the Federal Insecticide, Fungicide, and Rodenticide Act and/or the Texas Agriculture Code.

Use of Yellow List products require written approval from the certified applicator. A copy of the approvalmust be sent to the IPM Coordinator(s). Yellow List product approvals shall have a duration of no longerthan six (6) months or six (6) applications per site, whichever occurs first.

(3) Red List Products. All Category I and II pesticides (i.e., products carrying a WARNING or DANGERsignal word), not included as a Green List product or restricted use pesticides, or state-limited-use pesticidesas defined under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and/or the Texas

Agriculture Code. Use of Red List products require prior written approval from the certified applicator andthe IPM Coordinator(s). 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 product approvals shall have a durationno longer than three (3) months or three (3) applications per site, whichever is first.

(i) Written approvals for use of Yellow and Red List products must be made on a form developed by theTexas Structural Pest Control Board. The approvals must include a description of the problem and

justification for use of the Yellow and Red List products. Approvals must be kept by the IPM Coordinator(s)of the district for a minimum of two (2) years. If the applicator fails to submit a request for approval for theapplication of a Red List product to the IPM Coordinator(s), then the applicator is subject to administrative

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(j) All pest control services 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.

Such persons may include the school district or certified commercial applicator.

Source ote: The provisions of this 7.150 adopted to be effective February 1, 1992, 17 TexReg 47;

amended to be effective December 29, 1994, 19 TexReg 9996; amended to be effective March 5, 1996, 21TexReg 1540; amended to be effective April 16, 1997, 22 TexReg 3419; amended to be effective September1, 2000, 25 TexReg 5631; amended to be effective May 5, 2005, 30 TexReg 2517; transferred effective

September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189

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School Pesticide Enforcement & Compliance Rule

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