Regulated Herbicides are designated by the department. If used as directed or in accordance with widespread and commonly recognized practice, these herbicides require additional restrictions to prevent a hazard to desirable vegetation caused by drift or an uncontrolled application. 

Restrictions on applications of Regulated Herbicides are only applicable in Regulated Herbicide Counties. 


List of Regulated Herbicides:

• 2,4-dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester and salt formulations;
• 2-methyl-4-chlorophenoxyacetic acid (MCPA);
• 3,6-dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt; and
• 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac).

Exemptions from Regulated Herbicide Classification 

A pesticide product containing an active ingredient listed above is exempt from classification as a regulated herbicide if the product:

• is distributed in a container with a capacity less than or equal to one quart for liquid products or less than or equal to two pounds for dry or solid products

• is a specialty fertilizer mixture labeled for ornamental use and registered as a commercial fertilizer under Chapter 63 of the Agriculture Code

• is ready for use, requires no further mixing or dilution before use, and is packaged in a container of one gallon or less for liquid products or four pounds or less for dry or solid products.

Products containing 2,4-dichlorophenoxyacetic acid (2,4-D) or 3,6-Dichloro-o-anisic acid (dicamba) are exempt from classification as a regulated herbicide when used in accordance with the approved product label for transgenic auxin herbicide tolerant crops, are applied by ground application equipment, AND are applied when winds do not exceed 10 miles per hour.


Restrictions on Persons Buying, Using, and Distributing Regulated Herbicides 

• A person may not purchase or use a regulated herbicide unless the person is a licensed pesticide applicator or is working under the direct supervision of a licensed applicator.

• A person may not distribute a pesticide classified as a regulated herbicide to a person not authorized to purchase regulated herbicides.

• A person who distributes regulated herbicides must obtain a pesticide dealer's license from the department.  Records of sale or distribution must be kept for two years.

Restrictions on Applications of Regulated Herbicides

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. Spray permits may be obtained by submitting an Application for spray permit to your TDA regions and office. All spray permits expire when the acreage for which the permit was granted has been sprayed, or 180 days after issuance, whichever occurs first.

Exemptions from spray permit requirements: 

• Applications of regulated herbicides by brush, mop, wick, basal treatment, or injection method are exempt from the requirements of obtaining a permit.

• Applications by an applicator licensed by the Structural Pest Control Service in lawn and ornamental or weed control categories are exempt from the permit requirements.

• All persons applying regulated herbicides to lawns are exempt from the permit requirements.

All spraying of regulated herbicides in a regulated county must comply with the following requirements regardless of whether or not a spray permit is required.

• Spraying high 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.

• 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.

• The use of any turbine or blower-type ground application equipment to apply regulated herbicides is prohibited.

Regulated Counties may adopt additional restrictions (Special County Provisions) on applications of Regulated Herbicides. A list currently approved Special County Provisions can be found on the Regulated Herbicide Counties webpage. 


Responsibility

It is the joint responsibility of the person in control of the crop and the applicator to ensure application complies with regulations.


Recordkeeping Requirements

The record of each pesticide application must include:

• the date of the application
• the beginning time for the application
• the name of the person for whom the application was made
• the location of the land where the application was made stated in a manner that would permit inspection by an authorized party
• for each pesticide applied

o the product name
o the product EPA registration number
o the rate of product per unit
o the total volume of spray mix, dust, granules, or other materials applied per unit
o the name of the pest for which the product was used

• the site treated (e.g., name of crop, kind of animal, etc.)
• total acres or volume of area treated (e.g., acre, square feet, number of head, etc.)
• wind direction and velocity except for those applications made indoors or otherwise within a structure
• air temperature
• application method or type of equipment used to make the application
• the FAA "N" number for aerial application equipment
• the name and department pesticide license number of the applicator responsible for the application and, if different, the name of the person actually making the application
• the spray permit number for regulated herbicides applied in a regulated county
• Documentation to verify training of persons working under the supervision of a licensed pesticide applicator

Pesticide Applicator Recordkeeping Form