(a) The following records of pesticide use shall be maintained for a period of two years:      
        (1) A person required by the Act to be licensed as a commercial applicator or a noncommercial applicator shall maintain records of each pesticide application regardless of the use classification of the pesticide applied.       
        (2) A person licensed or certified as a private applicator or licensed as a veterinarian shall maintain records of each application of a restricted-use pesticide, state-limited-use pesticide, or regulated herbicide.       
      (b) The record of each pesticide use required by this section shall contain:      
        (1) the date of the application;       
        (2) the beginning time for the application;       
        (3) the name of the person for whom the application was made;       
        (4) the location of the land where the application was made stated in a manner that would permit inspection by an authorized party;       
        (5) for each pesticide applied:                  (A) the product name;                   (B) the product EPA registration number;                   (C) the rate of product per unit;                   (D) the total volume of spray mix, dust, granules, or other materials applied per unit; and                   (E) the name of the pest for which the product was used;         
        (6) the site treated (e.g., name of crop, kind of animal, etc.);       
        (7) total acres or volume of area treated (e.g., acre, square feet, number of head, etc.);       
        (8) wind direction and velocity except for those applications made indoors or otherwise within a structure;       
        (9) air temperature;       
        (10) application method or type of equipment used to make the application;       
        (11) the FAA "N" number for aerial application equipment;       
        (12) 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;       
        (13) the spray permit number for regulated herbicides applied in a regulated county; and       
        (14) Documentation to verify training of persons working under the supervision of a licensed pesticide applicator as required by §7.31 of this chapter (relating to Supervision).       
      (c) If several applications are made from a single load of pesticide to sites in close proximity, a single beginning time may be given for all the applications, but the sequence of applications must be specified by appropriately ordering the applications by person for whom the application was made and by the location of the land where the application was made.     
      (d) The record of each pesticide application shall be kept current and maintained at the applicator's principal place of business as designated on the applicator's application/renewal for a pesticide applicator's license.     
      (e) The record of each pesticide application shall be legible and in a format that clearly identifies and sets forth each specific item of information required by this section.     
      (f) The department may exempt specific record items, which may not be applicable to a type of application upon written request and written approval. The person responsible for keeping records under this section shall maintain a copy of the department's written approval for a record exemption as part of the application recordkeeping requirements of this section.     
      (g) Records of application shall be made available for inspection to the department immediately upon request at any time during normal business hours and shall contain all the information required by this section except as exempted in writing under subsection (f) of this section. The department's written approval for any record exemption shall be made available to the department representative conducting the records inspection at the time of the inspection.     
      (h) Copies of records of application must be submitted to the department within the time period specified in a written request by the department and must contain all of the information required by this section except as exempted in writing under subsection (f) of this section. A copy of the department's written approval for any record exemption shall accompany the copies of records submitted under this subsection.     
     Source Note:        The provisions of this §7.33 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286