Texas Agriculture Code - Section 76.046. Denial Or Cancellation Of Registration
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§ 76.046. DENIAL OR CANCELLATION OF REGISTRATION. (a) If
the department has reason to believe that any use of a registered
pesticide is in violation of a provision of this chapter or is
dangerous or harmful, the department shall determine whether a
hearing shall be held under Section 12.032 on denial or
cancellation of registration.
(b) The department shall issue written notice of a hearing
under this section to the registrant of the pesticide. The notice
must contain a statement of the time and place of the hearing. The
hearing shall be held after the 10th day following the day on which
the notice is issued.
(c) After opportunity at the hearing for presentation of
evidence by interested parties, the department may deny or cancel
the registration of the pesticide if the department finds that:
(1) use of the pesticide has demonstrated
uncontrollable adverse environmental effects;
(2) use of the pesticide is a detriment to the
environment that outweighs the benefits derived from its use;
(3) even if properly used, the pesticide is
detrimental to vegetation, except weeds, to domestic animals, or to
public health and safety;
(4) a false or misleading statement about the
pesticide has been made or implied by the registrant or the
registrant's agent, in writing, verbally, or through any form of
advertising literature; or
(5) the registrant has not complied or the pesticide
does not comply with a requirement of this chapter or a rule adopted
under this chapter.
Acts 1981, 67th Leg., p. 1194, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 3.13, eff. Sept. 1,
1995. Renumbered from V.T.C.A., Agriculture Code § 76.047 by
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 76.022 76.023 76.041 76.042 76.043 76.044 76.045 76.046 76.047 76.071 76.072 76.073 76.074 76.075 76.076
Last modified: August 10, 2007
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