Section 7.147 - Consumer Information Sheet(a) For an indoor treatment at a private residence that is not a rental property, the certified applicator or technician must make the consumer information sheet available to the owner of the residence.(b) For an indoor treatment at a residential rental property with less than five (5) rental units, the certified applicator or technician must make the consumer information sheet available to each resident, upon request, at the time of each treatment.(c) For an indoor treatment at a residential rental property with five (5) or more rental units, the certified applicator or technician must make the consumer information sheet available to the owner or manager of the complex. The certified applicator or technician must also supply the owner or manager with a pest control sign. The owner or manager or an employee or agent of the owner or manager, other than the certified applicator or technician, must notify residents who live in direct or adjacent areas of the treatment by: (1) posting the sign in an area of common access to residents at least 48 hours before each planned treatment; or(2) distributing application information consistent with § 7.146 of this chapter (relating to Pest Control Sign), at least 48 hours before each planned treatment by leaving the sign on the front door of each unit or in a conspicuous place inside each unit.(d) For an indoor treatment at a workplace, the certified applicator or technician must make the consumer information sheet available and supply a pest control sign to the employer or the building manager. The employer or the building manager or an employee or agent of the owner or manager, other than the certified applicator or technician, must notify individuals at the workplace of the date of the planned treatment by: (1) posting the sign in an area of common access that the employees are most likely to see at least 48 hours before each planned treatment; and(2) making available the consumer information sheet to any individual working in the building on request of the individual if the request is made during normal business hours.(e) For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, or a day care center, the certified applicator or technician must make available the consumer information sheet and a pest control sign to the chief administrator, IPM Coordinator, or building manager. The chief administrator, IPM Coordinator, or building manager must notify the individuals who work or reside in the building of the treatment by: (1) posting the sign in an area of common access that the individuals are likely to check at least 48 hours before each planned treatment; and(2) making available the consumer information sheet to any individual working or residing in the building on request of the individual.(f) The department's consumer information sheet must be used. Copies of the consumer information sheet are available from the department in English and Spanish on the Structural Pest Control Service website at: http://www.TexasAgriculture.gov/spcs/, or by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847, (866) 918-4481. The department's consumer information sheet may be copied and used in accordance with this section.(g) The pre-notification requirements of §§ 7.146-7.148 of this chapter (relating to Pest Control Sign, Consumer Information Sheet, and Responsibilities of Unlicensed Persons for Posting and Notification) are waived if the customer and certified applicator sign a statement attesting to the fact that an emergency exists which requires immediate treatment. If such an emergency exists, the consumer information sheet must be made available by the licensee. The statement must be kept on file with the pest control use records. If the customer is not available to sign a statement at the time of treatment, that shall be recorded in the use records along with the customer's name and telephone number. An emergency is defined as an imminent hazard to health. An emergency treatment is limited to the localized area of the emergency.4 Tex. Admin. Code § 7.147
The provisions of this §7.147 adopted to be effective February 1, 1992, 17 TexReg 47; amended to be effective October 10, 1995, 20 TexReg 7828; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective July 8, 1997, 22 TexReg 6097; amended to be effective September 1, 2000, 25 TexReg 5631; amended to be effective June 5, 2003, 28 TexReg 4279; amended to be effective May 5, 2005, 30 TexReg 2516; amended to be effective September 17, 2006, 31 TexReg 7351; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33TexReg 9982; Adopted by Texas Register, Volume 43, Number 01, January 5, 2018, TexReg 0043, eff. 1/9/2018; Amended by Texas Register, Volume 48, Number 02, January 13, 2023, TexReg 0131, eff. 1/16/2023