February 2012

The Texas Department of Agriculture has undergone recent changes including the merging of the Pesticide and Regulatory divisions to create the Agriculture & Consumer Protection Division. In an effort to keep you updated and informed, we are publishing the Partners Newsletter to help answer some of the many questions that affect the pest control industry. Please feel free to offer suggestions for improving our newsletter and meeting your needs in 2012. We wish you and your family a Happy New Year!

In Memory of 

Our condolences go out to the family and friends of Bill Stepan who passed away on Nov. 13, 2011. Bill worked as a district manager for Orkin in Houston and served on the Structural Pest Control Advisory Committee of the Texas Department of Agriculture. Bill will be missed for his hard work and dedication to the pest control industry. 

TDA Inspectors Report

The most frequent noncompliant issues in the pest control industry are listed below. These 10 issues were the most cited noncompliance issues of the last fiscal year (9/1/10-8/31/11).

1.  Pesticide use records lacking applicators name and license number.

2. Lack of jurisdiction statement or incorrect jurisdiction statement.

3. Failure to provide proof of certified applicator CEUs.

4. Use Record lacking purpose for which a pesticide applied/pesticide device used/target pest.

5. Use Record lacking mixing rate or percentage of active ingredient.

6. Disclosures lacking or inadequate diagram, blueprint, or building plat with description of structure being treated.

7. Incomplete or lack of proof of apprentice training.

8. Disclosures lacking required termite treatment statement.

9. Incomplete or lack of proof of technician training.

10. Use Records lacking routine operational data, name, and address of customer.

Any questions on these or other issues in the pest control industry can be addressed by calling TDA at (866) 918-4481.

Sales And Use Tax Bulletin

Attached under Publications on TDA web site is a tax bulletin which should assist people in answering pest control industry tax  questions. For additional information, contact the Texas Comptroller of Public Accounts at (800) 531-5441 or in Austin at (512) 463-4600, or email at: tax.help@cpa.state.tx.us.

SPC Fee Increases And Updated Forms

Information on the Structural Pest Control fee increases are on the TDA web site: TexasAgriculture.gov. These forms have been updated to reflect the new fees:

• Business License Renewal
• Application For Exam and Certified Applicators License 
• Application For Technician Exam
• Apprentice Registration
• Application For Technician License

   

Renewal of Structural Pest Control Licenses

All expiration dates of Structural Pest Control applicator licenses and business licenses are on the last day of the month. When a business renews its business license, it will also renew the certified applicators and technicians at the same time. This does not include apprentices. License renewals should arrive approximately 45 days prior to the expiration deadline. The renewal coupon will list a password and user ID if you choose to submit your renewal online. If you do not receive your renewal coupon approximately 45 days prior to your license expiration date, please call (877)-542-2474.

School IPM Coordinators

Please inform our office of any IPM coordinator changes in your school district. We realize there have been many changes at Texas schools and want to keep an accurate record of personnel in the school IPM program. As stated in Rule 7.150, the school district must report IPM coordinator changes to the Texas Department of Agriculture no later than 90 days after the superintendent designates or replaces an IPM coordinator(s). Attached under publications on the TDA web site is a form that can be used to notify TDA of any changes. You also may call (512) 463-2686.  

IPM coordinators have six months to successfully complete a department-approved IPM Coordinator training course.

IPM coordinators need to review the schedule of IPM coordinator trainings, which is located on the course providers page of the TDA web site. This page updates often as new courses are offered.  

Trapping Nuisance Animals

TDA has received numerous calls concerning the trapping of nuisance animals such as raccoons, squirrels, skunks and other species. Non-live traps requires a licensed applicator (certified applicator or technician) or trained apprentice in the pest category. Additionally, there are special provisions for transporting animals subject to the statewide rabies quarantine. Attached under publications on the TDA web site are the current regulations from Texas Parks & Wildlife and the Texas Department of State Health Services. Anyone trapping nuisance animals must be familiar with these regulations. For more information, call (866) 918-4481.

New Change In Law

HB 2742 passed during the Legislative session and became effective June 17, 2011. This new change in law adds the language "offer to perform, or advertises for or solicits the person's performance of" back into section 1951.003. The updated statute may be found on the TDA web site.

License Display

To clarify Rule 7.141 -- License Display. The business license number must be prominently displayed on all vehicles in the company business. This may be the legacy number issued under the Structural Pest Control Board or the TDA TPCL number. It is the company's choice as to which number is used, but at this time we are not mandating that the TDA TPCL number be used.

Company vehicles may display more than one license number if a written request is made to the Texas Department of Agriculture and approved. The numbers and letters must be permanently affixed to the vehicle in a prominent place on each fender and/or front door panel in no less than two-inch letters in a color contrasting to the background color of the vehicle and shall be designated as:  Texas Pest Control License and number. This may be abbreviated to TPCL and number. Any numbers, letters or symbols that adhere to vehicle by way of a magnetic device are not considered to be permanently affixed. 

A licensee must also carry a license card while engaged in structural pest control work. The license card may be laminated as long as the content is legible and not modified in the process of lamination.

Technicians Exam Application Updated

The application for technician exam has been updated to include a section requiring the responsible certified applicator or certified noncommercial applicator to verify an apprentice has received the required training in the requested specific category prior to receiving the technician’s license. The required training includes:

• 20 hours classroom training in the general standards (10 subject areas).
• 8 hours of classroom training in each category seeking licensure. 
• 40 hours of on the job training in each category seeking licensure.
• Apprentices must also compete an approved technician training course in general training at least once before taking the technician exam.

The updated form is on the web site.

Continuing Education For Technicians

For the renewal of a commercial or noncommercial technician's license, the responsible certified applicator is to certify on the verifiable training records form that the technician has completed 8 hours of verifiable training for the preceding calendar year running from Jan. 1 to Dec. 31. This certification must be verified upon each annual renewal of the technician license. There is no additional training required in the first calendar year in which a technician is first licensed. Changing employers or moving to inactive status does not alleviate this responsibility or add time to the continuing education requirement.

Direct Supervision Affidavit

Licensed pesticide applicators (commercial or noncommercial) with the 3A ornamental and turf category are encouraged to use the direct supervision affidavit if supervising the application of pesticides by an unlicensed applicator. This would apply to schools, residential, and agricultural settings. Please see the attached form under publications on the TDA web site.

Termite Treatment Disclosure Documents

Termite disclosure forms have been updated to include a definition of barrier as required by regulation Section 7.174. The newly revised disclosure forms are on the Structural portion of the web site.  These forms must be in use by Sept. 22, 2011, to be in compliance: 

• Proper Preconstruction Termite Treatments -- Guide for Builders and Consumers 
• Subterranean Termite Postconstruction Treatments -- Disclosure for Each Estimate
• Subterranean Termite Preconstruction Disclosure for Each Estimate

For more information call (866) 918-4481. 

Continuing Education Units For Certified Applicators

All CEU credits must be earned from January to December of the prior year before the Structural Pest Control commercial or noncommercial certified applicator's license is renewed. The requirement is 2 CEU's in general and 1 CEU for each category for a certified applicators license. It is the applicator's responsibility to keep copies of completion certificates in case of inspection or other circumstances. Please do not send completion certificates to TDA unless they are requested. Applicators are not required to receive CEU's during the first calendar year in which they receive the license.

Publications

The following attachments are under publications on the TDA web site:

• School IPM Coordinators Information 

• Sales and Use Tax Bulletin      

• Live Animal Trapping License Exemption  

• Direct Supervision Affidavit

 

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