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Texas Agriculture Code - Section 76.184. Reports Of Pesticide Adverse Effects

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.184. Reports Of Pesticide Adverse Effects

§ 76.184. REPORTS OF PESTICIDE ADVERSE EFFECTS.  (a) A 
person claiming adverse effects from an application of a pesticide 
may file with the appropriate regulatory agency a complaint report.  
The complaint report must contain the name of the person, if known, 
allegedly responsible for the application of the pesticide and the 
name of the owner or lessee of the land on which the pesticide was 
applied.  The regulatory agency shall prepare a form printed in 
English and Spanish to be furnished to persons for use in filing 
complaint reports.  The form may contain other information that is 
within the person's knowledge and requested by the head of the 
regulatory agency.
	(b)  As soon as practicable after receiving a complaint 
report, the regulatory agency shall notify the licensee, the owner 
or lessee of the land on which the alleged application occurred, and 
any other person who may be charged with responsibility for the 
adverse effects claimed.  The regulatory agency shall furnish 
copies of the complaint to those people on request.
	(c)  To assess any adverse effects, the complaining party 
shall permit the regulatory agency and the licensee to observe, 
within reasonable hours, the land or nontarget organism alleged to 
have been adversely affected.
	(d)  Failure to file a complaint does not bar a civil or 
criminal action from being filed and maintained.
	(e)  The regulatory agency by rule may adopt procedures to be 
followed in the investigation of a report claiming adverse effects 
from an application of the pesticide.

Acts 1981, 67th Leg., p. 1204, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 
1997.

Last modified: August 10, 2007