Texas Pesticide Applicator Practice Exam

If pesticide drifts onto a non-target area and causes harm, who is legally responsible?

1. Anyone nearby

2. The pesticide manufacturer

3. The applicator

4. The property owner

The correct answer is: The applicator

The legally responsible party for pesticide drift that causes harm to a non-target area is the applicator. This is based on the principle of liability in pesticide application. Applicators are trained professionals who must adhere to specific guidelines and regulations regarding the safe application of pesticides. They are required to assess environmental conditions, including wind direction and speed, which can affect the drift of pesticides. When an applicator fails to follow these regulations and allows pesticide to drift onto non-target areas, they can be held accountable for the consequences of that drift. This responsibility includes any damage or adverse effects caused to people, property, or the environment. In many cases, laws and regulations specify that the applicator is the party responsible for ensuring that pesticides are applied in a manner that prevents drift, thus protecting non-target areas from unintended exposure. While manufacturers may hold some liability for the products they produce, such as if the pesticide is defective or not labeled properly, it primarily falls to the applicator who is physically applying the pesticide to maintain responsible practices. Nearby individuals typically do not hold liability unless they played a direct role in causing the drift. Property owners may have some responsibilities related to how pesticides are used on their property, but ultimately, the applicator is the one accountable for the application