(a) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with its label or labeling. Use inconsistent with the label includes, but is not limited to:

(1) applications at sites, rates, concentrations, intervals, or under conditions not specified in the labeled directions, except: (A) applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency; (B) applying a pesticide against any target pest not specified on the label or labeling if the application is to the crop, animal, or site specified on the labeling, unless the department or EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling after the department or EPA has determined that the use of the pesticide against other pests would cause an unreasonable, adverse effect on the environment; (C) employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling or unless prohibited by law or regulation; (D) mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling; (E) when a pesticide is applied in conformance with an approved experimental use permit (EUP); (F) when a pesticide is applied in conformance with an approved emergency exemption granted by EPA to a federal or state agency; (G) when a pesticide is applied in conformance with an approved special local need registration; and (H) when a pesticide is applied in any situation receiving prior written approval from EPA;

(2) tank mixing of pesticides, or using application techniques, or equipment prohibited by the label;

(3) failure to observe reentry intervals, preharvest intervals, grazing restrictions, or worker protection requirements: (A) it is the responsibility of the person in control of the commodity or site treated to be knowledgeable of and comply with the requirements of this paragraph; and (B) if a commercial applicator furnishes the pesticide, it is the commercial applicator's responsibility to notify the person in control of the commodity or site treated of the requirements of this section that pertain to restricted-entry intervals, preharvest intervals, grazing restrictions, or worker protection requirements, prior to, or at the time of treatment; and

(4) improper storage or disposal of the pesticide or its container.

(b) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with any permit, emergency exemption or special local needs registration issued by the department or EPA.

Source Note: The provisions of this §7.71 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286