This fact sheet must be distributed to all city, county, andstate employees who apply general use pesticides and are not licensed by theTexas Department of Agriculture and do not have a Structural Pest Control BoardNoncommercial Applicator's or Technician License. School District employees arenot subject to this provision and are required to be licensed for any pesticideapplication. The fact sheet and instruction shall be provided upon initialemployment and thereafter shall be available as needed. These general usepesticides include insecticides, herbicides, fungicides and rodenticides andinvolve applications made both inside and outside of structures. Incidental Useis not intended for long terms or extensive pest control measures. Where longterm pest control is required, a trained, licensed person is to make theapplications.
Incidental Use is defined as "A pesticide application onan occasional, isolated, site-specific basis that is incidental to the primaryduties of an employee and involves the use of general use pesticides afterinstruction as provided by rules adopted by the Structural Pest ControlBoard."
Examples of Incidental Use Situations are treating fire antsin a transformer box, or the treating of ants by a janitor or clerical employeein a break area. Incidental is defined as site-specific and incidental to theemployee's primary duties. If it is a part of the employee's primary duty tomake applications of pesticides, that employee is required, by law, to obtaineither a Structural Pest Control Board License or Texas Department ofAgriculture License, depending on the location and/or type of application.
In all cases of incidental use, the employee should use theleast hazardous, effective method of controlling pests. If chemicals are to beutilized, they must be applied in strict accordance with manufacturerlabels of "General Use" products being used. Applications madeinconsistent with the Structural Pest Control Board Law and Regulations, orapplications made inconsistent with the label requirements of the general useproduct may result in penalties being assessed against the individual and/or theCertified Noncommercial Applicator or Technician responsible.
"Incidental Use Situation" applications ofpesticides are regulated by the Structural Pest Control Board. If you have anyquestions or comments, contact the Board at (512) 451-7200; written inquiriesmay be addressed to the Structural Pest Control Board, 1106 Clayton Lane, Suite100 LW, Austin, Texas 78723-1066.