(m) Pesticide use. (1) Management. Pest management, for both building and lawn care, should emphasize non-chemical management strategies whenever practical, and least toxic chemical controls when pesticides are needed. (2) Products. Pest control products used in and around a building should be documented and a Material Safety Data Sheet (MSDS) made available for building occupant review if requested. Either a written procedure or contract language will ensure that people who use pest control products read and follow all label directions for proper use, mixing, storage, and disposal. (3) Statutes. Pest management for schools must be in accordance with the Structural Pest Control Act, Texas Revised Civil Statutes, Article 135b-6, § 4J and 22 Texas Administrative Code, § 595.11 (relating to schools). These protocols are recommended for all other government buildings. (4) Contracting. When contracting for pest control services, the use of businesses that conform to the Standard set forth in 22 Texas Administrative Code § 595.14 relating to Reduced Impact Pest Control Service, is recommended. * (5) Removal. Dead pests should be promptly removed from the premises. Source: Texas Secretary of State

Each school district shall establish, implement, and maintain an Integrated Pest Management (IPM) program. An IPM program is a regular set of procedures for preventing and managing pest problems using an integrated pest management strategy, as defined in § 7.114 of this title (relating to Definition of Terms). The school district is responsible for each IPM Coordinator's compliance with these regulations.

(1) The IPM program shall contain these essential elements:

• (A) a school board approved IPM policy, stating the school district's commitment to follow integrated pest management guidelines in all pest control activities that take place on school district property. The IPM policy statement shall include:

• (i) a definition of IPM consistent with this section;

• (ii) a reference to Texas laws and rules governing pesticide use and IPM in public schools;

• (iii) information about who can apply pesticides on school district property; and

• (iv) information about designating, registering, and required training for the school district's IPM Coordinator. The Superintendent and IPM Coordinator will maintain a copy of the policy.

• (B) a monitoring program to determine when pests are present and when pest problems are severe enough to justify corrective action;

• (C) the preferential use of lower risk pesticides and the use of non-chemical management strategies to control pests, rodents, insects and weeds;

• (D) a system for keeping records of facility inspection reports, pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints;

• (E) a plan for educating and informing school district employees about their roles in the IPM program; and

• (F) written guidelines that identify thresholds for when pest control actions are justified.

(2) Each school district superintendent shall appoint an IPM Coordinator(s) to implement the school district's IPM program. Not later than 90 days after the superintendent designates or replaces an IPM Coordinator(s), the school district must report to the Department the newly appointed coordinator's name, address, telephone number, email address and the effective date of the appointment. A school district that appoints more than one IPM Coordinator shall designate a Responsible IPM Coordinator who will have overall responsibility for the IPM program and provides oversight of subordinate IPM Coordinators regarding IPM program decisions.

(3) Each school district that engages in pest control activities must employ or contract with a licensed applicator, who may, if an employee, also serve as the IPM Coordinator.

(4) Each school district shall prior to or by the first week of school attendance, ensure that a procedure is in place to provide prior notification of pesticide applications in accordance with this chapter. Individuals who request in writing to be notified of pesticide applications may be notified by telephonic, written or electronic methods.

The IPM Coordinator(s) shall be responsible for implementation of the school district IPM Program. In addition, the IPM Coordinator(s) shall: (1) successfully complete a Department-approved IPM Coordinator training course within six months of appointment; (2) obtain at least six hours of Department-approved IPM continuing education units (CEU) every three years, beginning the effective date of this rule or the date of designation, whichever is later. The three-year period will begin from the date the IPM Coordinator receives initial training after being appointed by the superintendent, or if currently designated and trained as the IPM Coordinator, when this rule revision goes into effect. No approved course may be repeated for credit within the same three-year period. One of the six CEUs must be related to laws and regulations specific to IPM programs in schools. IPM Coordinators may satisfy the CEU requirements through one or more of the following methods: (A) Completing a Department approved training course for IPM Coordinators; (B) Completing courses that have been approved in the pest, lawn and ornamental, weed control or general IPM category; or (C) By submitting information for a course completed, that was not previously approved by the Department, for the evaluation of credit. The information must include the name of the instructor(s), verification of attendance at the course, length of time of the course stated in hours and minutes, a detailed course outline indicating the scope of the course and learning objectives, and the number of continuing education units requested. Additionally, the IPM Coordinator must demonstrate that the course content is appropriate and pertinent to the use of pesticides and the implementation of IPM strategies at school buildings and other school district facilities. (3) If the IPM Coordinator is also a licensed applicator, the CEUs obtained for the license under § 7.134 of this title (relating to Continuing Education Requirements for Certified Applicators) will count towards the six hours of IPM CEUs. (4) Following the three-year effective CEU period, IPM Coordinators must maintain certificates of completion for one additional calendar year (period through December 31). The certificates are subject to inspection by the Department at any time upon request. (5) The IPM Coordinator shall oversee and be responsible for: (A) coordination of pest management personnel, ensuring that all school employees who perform pest control, including those employees authorized to perform incidental use applications, have the necessary training, are equipped with the appropriate personal protective equipment, and have the necessary licenses for their pest management responsibilities; (B) ensuring that all IPM program records, including incidental use training records (as provided for under § 7.205 of this title (relating to Incidental Use for Schools)), pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints are maintained for a period of two years and are made available to a Department inspector upon request; (C) working with district administrators to ensure that all pest control proposal specifications for outside contractors are compatible with IPM principles, and that contractors work under the guidelines of the school district's IPM policy; (D) ensuring that all pesticides used on school district property are in compliance with the school district's IPM program and that current pesticide labels and Safety Data Sheets (SDS) are available for interested individuals upon request; (E) overseeing and implementing that portion of the plan that ensures that school district administrators and relevant school district personnel are provided opportunities to be informed and educated about their roles in the IPM program, reporting, and notification procedures; (F) pesticide applications, including the approval of emergency applications at buildings and on school district grounds, are conducted in accordance with Division 7 of this subchapter; and (G) maintaining a current copy of the school district's IPM policy and making available to a Department inspector upon request.

The commercial or noncommercial certified applicator or licensed technician shall: (1) apply only EPA labeled pesticides, appropriate for the target pest, except as provided in Division 7 of this subchapter (relating to Integrated Pest Management Program for School Districts); (2) provide the structural pest management needs of the school district by following the school district's IPM program and these regulations; (3) obtain written approval from the IPM Coordinator(s) for the use of pesticides in accordance with Division 7; (4) handle and forward to the IPM Coordinator(s) records of IPM activities, any complaints relating to pest problems, and pesticide use; (5) ensure that pesticide use records are forwarded to the IPM Coordinator within two (2) business days or in a time frame as agreed to by the IPM Coordinator; (6) consult with the IPM Coordinator(s) concerning the use of control measures in buildings and grounds; and (7) ensure that all pest control activities are consistent with the school district's IPM program and IPM policy.

All pesticides used by school districts must be registered with the United States Environmental Protection Agency (EPA) and the Texas Department of Agriculture, with the exception of those pesticides that have been exempted from registration by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 25(b). All pesticides used by school districts must also bear a label as required by FIFRA and Chapter 76 of the Texas Agriculture Code. Pesticides intended and labeled for use on humans are exempt from this section. Pesticide use must also meet the following requirements: (1) Pest control signs shall be posted at least 48 hours prior to a pesticide application inside school district buildings as provided for under § 7.148 of this title (relating to Responsibilities of Unlicensed Persons for Posting and Notification). (2) For outdoor applications made on school district grounds, the treated area must be identified at all entry points with a sign, or must be secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed reentry time. (3) Pesticides used on school district property shall be mixed outside of student occupied areas of buildings and grounds. (4) The use of non-pesticide control measures, non-pesticide monitoring tools and mechanical devices, such as glue boards and traps as permitted in accordance with Division 7 of this subchapter (relating to Integrated Pest Management Program for School Districts), are exempt from posting requirements. The use of non-pesticide tools and devices by unlicensed school district personnel, for monitoring purposes, shall be permitted. Monitoring by unlicensed school district personnel shall be done only as directed, under the supervision of the IPM Coordinator. (5) Pesticide applications shall not be made to outdoor school grounds if such an application will expose students to physical drift of pesticide spray particles. Reasonable preventive measures shall be taken to avoid the potential of drift to occur. (6) School districts are allowed to apply the following pesticides to control pests, rodents, insects and weeds at school buildings, grounds or other facilities in accordance with the approval for use and restrictions listed for each category: (A) Green Category Pesticides. (i) Definition: A pesticide will be designated as a Green Category pesticide if it meets the following criteria: (I) all active ingredients belonging to EPA toxicity categories III and IV; (II) it contains a CAUTION signal word on the product label, unless no signal word is required to appear on the product label as determined by EPA; and (III) it consists of the active ingredient boric acid; disodium octoborate tetrahydrate or related boron compounds; silica gel; diatomaceous earth; or belongs to the class of pesticides that are insect growth regulators; microbe-based insecticides; botanical insecticides containing no more than 5% synergist (and does not include synthetic pyrethroids); biological (living) control agents; pesticidal soaps; natural or synthetic horticultural oils; or insect and rodent baits in tamper-resistant containers, or for crack-and-crevice use only; (ii) Approval for Use: Green Category pesticides do not require prior written approval. These pesticides may be applied at the licensee's discretion under the guidelines of the school district IPM program. (iii) Restrictions: (I) Green Category pesticides may be applied indoors if students are not present and are not expected to be present in the room or treated area at the time of application. Reentry into the treated area is permitted as soon as the application is complete, the pesticide spray has dried, or the reentry interval specified on the pesticide label has expired, whichever interval is longer. (II) Green Category pesticides may be applied outdoors if students are not present within ten (10) feet of the application site at the time of treatment. Students are allowed reentry into the treated area as soon as the application is complete, the pesticide spray has dried or the reentry interval specified on the pesticide label has expired, whichever interval is longer. (B) Yellow Category Pesticides. (i) Definition: A pesticide will be designated as a Yellow Category pesticide if it meets the following criteria: (I) all active ingredients belonging to EPA toxicity categories III and IV; (II) it contains a CAUTION signal word on the product label, unless no signal word is required to appear on the product label as determined by EPA; and (III) it does not meet the criteria to be designated as a Green Category pesticide under subparagraph (A)(i) of this paragraph. (ii) Approval for Use: Yellow Category pesticides require written approval from the certified applicator prior to their use. Yellow Category pesticide approvals shall have a duration of no longer than six (6) months or six (6) applications per site, whichever occurs first. (iii) Restrictions: (I) Yellow Category pesticides may be applied indoors if students are not present or not expected to be present in the room or treated area within the next four (4) hours following the application, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer. (II) Yellow Category pesticides may be applied outdoors if students are not present or not expected to be present within ten (10) feet of application site and the area is secured and reentry is in accordance with this section for no less than four (4) hours, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer. (III) The treated area must be clearly posted at all entry points with a sign, or secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed reentry time. (C) Red Category Pesticides. (i) Definition: A pesticide will be designated as a Red Category Pesticide if it meets the following criteria: (I) all active ingredients belonging to EPA toxicity category I or II; (II) it contains a WARNING or DANGER signal word on the product label; and (III) it contains an active ingredient that has been designated as a restricted use pesticide, a state-limited-use pesticide or a regulated herbicide; and it does not meet the criteria to be designated as a Green Category pesticide under subparagraph (A)(i) of this paragraph, or a Yellow Category pesticide under subparagraph (B)(i) of this paragraph. (ii) Approval for Use: Prior to the application, licensees must provide written justification to the IPM Coordinator for the use of the Red Category pesticide and must obtain signed approval for the application from the IPM Coordinator. Red Category pesticide approvals shall have a duration of no longer than three (3) months or three (3) applications per site, whichever occurs first. (iii) Restrictions. (I) Red Category pesticides may be applied indoors if students are not present and are not expected to be present in the room or treated area within eight (8) hours following the application, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer. (II) Red Category pesticides may be applied outdoors if students are not present within twenty-five (25) feet of the application site, the area is secured in accordance with this section, and reentry by students is prohibited for no less than eight (8) hours, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer. (III) The treated area must be clearly posted at all entry points with a sign, or secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed reentry time.

(a) The Incidental Use For Schools Fact Sheet must contain the following text: "This fact sheet must be distributed to all employees of school districts who apply general use Green Category pesticides (or Yellow Category pesticides specific to ant, bee and wasp applications) and are not licensed by the Texas Department of Agriculture. The fact sheet, instruction and training must be provided upon initial employment by the school district's IPM Coordinator, and thereafter must be available as needed. These general use Green Category pesticides include insecticides only and involve applications made both inside and outside of structures. Incidental Use is not intended for long term or extensive pest control measures, rather emergency situations where safety of students or workers is at risk and there is insufficient time to contact a licensed applicator. Where long term pest control is required, a trained, licensed person is to make the applications. Examples of Incidental Use situations are treating fire ants in a transformer box or treatments for bees or wasps as a non-routine application to protect children or personnel. Incidental Use is defined as site-specific and incidental to the employee's primary duties. If it is part of the employee's primary duty to make applications of pesticides, that employee is required by law to obtain a Texas Department of Agriculture license, depending on the location and type of application. In all cases of incidental use, the employee should use the least hazardous, effective method of controlling pests. All applications to schools or school grounds must be in compliance with school district IPM policies. If chemicals are utilized, they must be applied in strict accordance with manufacturer labels of products being used. Applications made inconsistent with the Department's law and regulations, or applications made inconsistent with the label requirements of the product may result in an enforcement action being taken against the individual and/or the certified applicator or technician responsible. Incidental pesticide use in schools is regulated by the Texas Department of Agriculture. If you have any questions or comments, contact the Texas Department of Agriculture, phone number 1-866-918-4481 or P.O. Box 12847, Austin, Texas 78711-2847." (b) The Incidental Use For Schools Fact Sheet must be provided during pesticide instruction and training by the IPM Coordinator to each employee of the school district whose primary duty is not pest control, and whose work may include tasks subject to the exception. The IPM Coordinator must keep records of all the training conducted annually. (c) Primary duty is defined as a job duty that is part of a written job description or is a regularly assigned task of the employee. (d) Pest control use records for all incidental pesticide use application, including the reason for application and justification for emergency, must be maintained by the IPM Coordinator for a period of two years. (e) Incidental pesticide use in school districts is limited to insecticides that are Green and Yellow Category pesticides.

(e) Each school district shall:

• (1) adopt an integrated pest management program that incorporates the Standard established by the department under this section;

• (2) designate an integrated pest management coordinator for the district; and

• (3) report to the department not later than the 90th day after the date the district designates or replaces an integrated pest management coordinator the name, address, telephone number, and e-mail address of the district’s current coordinator.