Texas Agriculture Code - Section 76.041. Registration Required
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§ 76.041. REGISTRATION REQUIRED. (a) Except as provided
by Subsection (b), (c), (d), or (e) of this section, before a
pesticide is distributed in this state or is delivered for
transportation or is transported in intrastate commerce or between
points within this state through a point outside the state, it must
be registered with the department. The manufacturer or other
person whose name appears on the label of the pesticide shall
register the pesticide.
(b) Registration is not required for the transportation of a
pesticide from one plant or warehouse to another plant or warehouse
operated by the same person if the pesticide is used solely at the
second plant or warehouse as a constituent of a pesticide that is
registered under this chapter.
(c) Registration is not required for a pesticide that is not
for use in this state and is being manufactured, transported, or
distributed for use only outside of this state.
(d) Registration is not required for a chemical compound
being used only to develop plot data as to the possible pesticidal
action of the chemical.
(e) Unless otherwise required by department rule,
registration is not required for a pesticide that is exempt from
registration with the United States Environmental Protection
Agency under federal law.
(f) The Texas Feed and Fertilizer Control Service may not
register under Chapter 63 a fertilizer that contains a pesticide
that must be registered with the department under this chapter
unless the constituent pesticide is first registered with the
department. The Texas Feed and Fertilizer Control Service shall
consult with the department about the current registration status
of a pesticide before registering any fertilizer mix containing
that pesticide under Chapter 63. The department shall notify the
Texas Feed and Fertilizer Control Service of any changes to a
pesticide registration.
(g) A pesticide that has been registered with the department
must continue to be registered as long as the pesticide remains in
the channels of trade in this state. The registrant shall ensure
that the pesticide continues to be registered.
(h) If the department issues a stop use, stop distribution,
or removal order because the pesticide is not registered with the
department, the registrant shall take any necessary action to
remedy the situation, including reimbursing a person who is subject
to the order for the person's costs in complying with the order.
Acts 1981, 67th Leg., p. 1192, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 6.02, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 76.005 76.006 76.007 76.008 76.021 76.022 76.023 76.041 76.042 76.043 76.044 76.045 76.046 76.047 76.071
Last modified: August 10, 2007
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