Stephanie Robinson

This Inspection and Enforcement Strategic Plan for Fiscal Year 2027 outlines how the Texas Department of Agriculture (TDA) will utilize its resources across its Agriculture and Consumer Protection and Biosecurity Enforcement and Road Stations Divisions. The plan details projected inspection schedules and enforcement outcomes to ensure public safety and protect agriculture and consumers in Texas. Key objectives for FY 2027 include inspecting over 40,000 facilities, certifying 80,000 acres, collecting 3,500 seed samples, and dedicating over 20,000 hours to roadside station inspections.

The meeting included a review of Inspection and Enforcement Data for the 4th Quarter and Fiscal Year 2025, noting that commercial and noncommercial inspection goals were exceeded. Discussions covered common causes of non-compliance in schools, such as lacking an IPM coordinator. Federal updates were minimal. A significant portion of the meeting involved a presentation and discussion regarding business insurance requirements for 1099 contracted individuals, emphasizing the distinction between independent contractors and employees, and the need for proper licensing and insurance coverage for subcontractors. The committee also discussed potential rule changes related to door-to-door sales, requiring license display or inclusion on sales contracts, and registration/supervision for call-center employees, ultimately deferring the remote worker topic. A quadrennial rule review covered several sections related to on-the-job training, contract documentation, termite disclosure requirements, and IPM Coordinator training/certification standards.

The meeting commenced with administrative matters, including the swearing-in of new and reappointed committee members by the assistant general counsel. Key discussion points included the approval of the minutes from the May 1st meeting and an update on committee member terms that expired in February 2023, noting several members are continuing to serve pending new appointments. A significant portion of the meeting focused on reporting inspection and enforcement data for the third quarter (March 1st to May 31st, 2025). Inspection goals achievement rates were reviewed across commercial, non-commercial, school, and use observation categories. Enforcement data highlighted 55 Notices of Violations, with notable figures for failure to comply with training/supervision requirements and operating without a license, totaling 12 such violations. A discussion followed regarding the enforcement strategy for unregistered apprentices, including the decision to pursue penalties for operating without a license, which carries a minimum $1,000 fine, especially when there is no intention to register individuals. The committee also discussed the high volume of complaints received year-to-date, particularly concerning unlicensed operators in the Houston region.

The committee meeting included standard agenda items such as the review and approval of previous minutes, specifically those from the July 24th meeting. A significant portion of the discussion involved reviewing enforcement data for the fourth quarter of FY25 (June 1 to August 31, 2025), noting 22 Notices of Violations (NOVs), with the highest being for operating without a business license. The committee also reviewed the annual enforcement data for FY25 (September 1, 2024, through August 31, 2025), which included 283 NOVs, with 86 related to operating without a license. There was an extensive discussion clarifying the distinctions between 'mislication of a pesticide' and 'use inconsistent with labeling,' as well as detailing the criteria for citing incomplete pesticide use records (requiring six out of nine items to be missing for enforcement action, unless structural fumigation or commercial pre-treats are involved). The committee also reviewed inspection data for the fiscal year, noting compliance rates for commercial, non-commercial, and school district inspections, and discussed common non-compliance issues in schools, such as IPM coordinator designations and missing required approvals.

The meeting included discussion and updates on several key areas, such as committee member terms, how-to YouTube videos, inspection and enforcement data for the 3rd Quarter of FY 2025, and federal updates including Rodenticides, the Endangered Species Act (ESA), and changes to sulfuryl fluoride (SF) labels. The committee reviewed rankings and suggested edits to the goals, standards for Integrated Pest Management in Schools Training, and topics to be placed on the agenda for upcoming meetings. Public comments were heard regarding insurance coverage for 1099 employees and in-person supervision requirements for contact center employees.