Texas Agriculture Code - Section 76.003. State-Limited-Use Pesticides
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§ 76.003. STATE-LIMITED-USE PESTICIDES. (a) After
notice and public hearing, the department may adopt lists of
state-limited-use pesticides for the entire state or for a
designated area within the state.
(b) A pesticide may be included on a list of
state-limited-use pesticides if the department determines that,
when used as directed or in accordance with widespread and commonly
recognized practice, the pesticide requires additional
restrictions to prevent unreasonable risk to man or the
environment, taking into account the economic, social, and
environmental costs and benefits of use of the pesticide. However,
the department shall not place a pesticide on the state-limited-use
list solely on the basis of actual damage or risk of damage to water
quality without first obtaining approval from the Texas Natural
Resource Conservation Commission based on the impact of the
pesticide's use on water quality.
(c) The department shall formally request an opinion
regarding impact on water quality from the Texas Natural Resource
Conservation Commission during department consideration of any
amendments to the current list of state-limited-use pesticides.
(d) At the direction of the Texas Natural Resource
Conservation Commission in conjunction with its responsibilities
pursuant to Chapter 26, Water Code, the department shall consider
any formal request to add any pesticide to the state-limited-use
list under Subsection (b), and the department shall issue
regulations regarding the time, place, and conditions of such
pesticide's use.
(e) The department may regulate the time and conditions of
use of a state-limited-use pesticide and may require that it be
purchased or used only:
(1) with permission of the department;
(2) under direct supervision of the department in
certain areas under certain conditions; or
(3) in specified quantities and concentrations.
(f) The department may require a person authorized to
distribute or use a state-limited-use pesticide to maintain records
of the person's distribution or use and may require that the records
be kept separate from other business records.
Acts 1981, 67th Leg., p. 1190, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 80, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, § 11.03, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 74.153 74.201 74.202 74.203 74.204 76.001 76.002 76.003 76.004 76.005 76.006 76.007 76.008 76.021 76.022
Last modified: August 10, 2007
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