The Texas Department of Agriculture may include a herbicide on the list of regulated herbicides if the department determines that, if used as directed or in accordance with widespread and commonly recognized practice, the herbicide requires additional restrictions to prevent a hazard to desirable vegetation caused by drift or an uncontrolled application.

Regulated Herbicides
Because of their potential to cause adverse effects to nontargeted vegetation, all pesticide products containing the active ingredients specified below, either alone or in mixtures, shall be classified as regulated herbicides when distributed in containers of a capacity larger than one quart for liquid material or two pounds for dry or solid material. If the products are marketed using metric measures, the classification applies to containers larger than one liter or one kilogram, respectively:

• 2,4-dichlorophenoxyacetic acid (2,4-D)
• 2-methyl-4-chlorophenoxyacetic acid (MCPA)
• 3,6-dichloro-o-anisic acid (dicamba)
• 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac)

General Requirements for Regulated Herbicide Applicators
The following requirements are applicable to persons applying regulated herbicides in regulated counties. No person shall apply regulated herbicides without first obtaining a spray permit for such application from TDA. A blanket permit may be issued to a licensed or certified applicator. The department may require a licensed or certified applicator who has obtained a blanket permit to submit a supplemental report of any regulated herbicide applied under the terms of the permit.

1. All permits expire when the acreage for which the permit was granted has been sprayed, or 180 days after issuance, whichever occurs first.
2. Applications of regulated herbicides by brush, mop, wick, basal treatment or injection method are hereby exempt from the requirements of obtaining a permit.
3. Applications by an applicator licensed in the structural turf and weed control and a nurseryman licensed in TDA 3A category turf weed control are exempt from the permit requirements of this section.
4. All persons applying regulated herbicides to lawns are exempt from the permit requirements of this section.

All spraying of regulated herbicides must conform to these requirements in a regulated county regardless of whether a permit is required.

1. Spraying highly volatile herbicides is prohibited when there are susceptible crops within a four-mile radius from any point of the land to be sprayed. Highly volatile herbicides include methyl, ethyl, butyl, isopropyl, octylamyl and pentyl esters containing various concentrations expressed in pounds of acid equivalent per gallon.
2. No person shall spray regulated herbicides when the wind velocity exceeds 10 miles per hour or as specified on the product label, if the label is more restrictive.
3. The use of any turbine or blower-type ground application equipment to apply regulated herbicides is prohibited.

If a regulated herbicide is applied by a commercial applicator, the person in control of the crop or land to which the regulated herbicide is applied and the commercial applicator are jointly responsible for ensuring that the application is in compliance with the law and each applicable rule adopted by the department.

Regulated Counties
A list of these regulated counties and any additional provisions and restrictions is available on TDA’s web site. 

Additional Requirements
Once a product is designated a state-limited-use pesticide and a regulated herbicide, a person must have a current pesticide dealer’s license to distribute the product. To purchase and use the product, a person must have a current pesticide applicator license or certificate.

The pesticide dealer must maintain a record of each distribution, and the pesticide applicator must maintain a record of each application for a period of two years from the date of distribution or application.

Procedures for Obtaining a Herbicide Spray Permit
Complete an Application for a Herbicide Spray Permit. These forms may be obtained from a TDA Regional Office or from the TDA website.

Send the application to theTDA Regional Office that serves your area. You will find a list of which counties are in which region on the TDA web site.

A Herbicide Spray Permit will be issued indicating the Herbicide Spray Permit Number. This number must be included in the pesticide application record.