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State Law
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Texas Agriculture Code - Chapter 76 Pesticide And Herbicide RegulationLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 76 Pesticide And Herbicide Regulation In this chapter: (1) "Active ingredient" means: (A) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that ... The department shall determine what organisms constitute pests for purposes of this chapter and may include in the list of pests: (1) any insect, snail, ... (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 ... (a) Except as provided by Subchapter G, after notice, the department shall conduct at least five regional hearings throughout the state before the adoption of ... (a) Before adopting a rule under this chapter, the department or a regulatory agency shall publish notice of a public hearing in three newspapers of ... (a) The department may contract with a state college or university, state agency, or commercial laboratory for examination of a pesticide. The department shall let ... (a) The department shall be the lead agency for pesticide regulation in Texas. In cooperation with the U.S. Environmental Protection Agency or any federal agency ... Sections 76.007, 76.104-76.106, 76.108-76.117, 76.151(b), 76.151(c), 76.154(b), 76.155, 76.181, 76.182, 76.184, and 76.201(d)(1) do not apply to a person who is regulated by Chapter 1951, ... (a) Each pesticide distributed in this state shall bear a label containing the following information relating to the pesticide: (1) the label information required by ... Any word, statement, or information required by this chapter to appear on a label or in labeling of a pesticide or device registered by the ... (a) A pesticide or device is misbranded if: (1) it is subject to registration under FIFRA and it does not fully comply with the labeling ... (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 ... (a) The application for registration of a pesticide shall include: (1) the name and address of the applicant and the name and address of the ... (a) Registration of a pesticide expires on the second anniversary of the date of its approval or renewal except that the department shall by rule ... (a) The department shall charge a fee, as provided by department rule, for each pesticide to be registered. The fee must be submitted with an ... (a) The department may register a pesticide for additional uses and methods of application not covered by federal registration but not inconsistent with federal law, ... (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 ... (a) The department may issue an experimental use permit if the department determines that the applicant needs the permit in order to accumulate data necessary ... (a) A person may not distribute in this state a restricted-use or state-limited-use pesticide or regulated herbicide without a valid current pesticide dealer license issued ... A pesticide dealer license expires on the second anniversary of the date of its granting or renewal unless the department by rule adopts a system ... (a) An application for a pesticide dealer license must be accompanied by a registration fee, as fixed by the department. (b) A person who fails ... (a) Each dealer shall prominently display the pesticide dealer license in the dealer's place of business. (b) Failure to display a license as required by ... (a) A person required to obtain a dealer's license by Section 76.071 shall record each distribution of a restricted-use or state-limited-use pesticide or regulated herbicide ... (a) The department may deny an application for a dealer's license if the applicant fails to comply with this chapter. The department may revoke, modify, ... (a) This subchapter does not apply to a manufacturer or formulator of a pesticide who does not sell directly to the user. (b) This subchapter ... (a) The department is the lead agency in the regulation of pesticide use and application and is responsible for coordinating activities of state agencies, except ... (a) The department shall license pesticide applicators involved in the following license use categories: (1) agricultural pest control, including animal pest control; (2) forest pest ... (a) The licensing of commercial applicators, noncommercial applicators, and private applicators is contingent on the availability of federal funds to pay part of the costs ... (a) The head of each regulatory agency may, after notice and public hearing, adopt rules to carry out the provisions of this subchapter for which ... (a) Except as provided by Section 76.003(e), a person may not purchase or use a restricted-use or state-limited-use pesticide or regulated herbicide unless the person ... (a) The head of each regulatory agency may classify commercial applicator and noncommercial applicator licenses under subcategories of license use categories according to the subject, ... (a) A person who wants to be licensed as a pesticide applicator under license use categories regulated by more than one regulatory agency may do ... (a) A person who operates a business or is an employee of a business that applies state-limited-use or restricted-use pesticides or regulated herbicides to the ... (a) A person who is required to be licensed under Section 76.105 of this code but who does not qualify as a commercial applicator or ... (a) Each person applying for a license as a commercial applicator or a noncommercial applicator must pass an examination demonstrating that the person: (1) is ... (a) In this section: (1) "Applicator business" means a person who applies a state-limited-use or restricted-use pesticide or regulated herbicide to the land of another ... (a) A person is a private applicator if the person uses or supervises the use of a restricted-use or state-limited-use pesticide or regulated herbicide for ... (a) Each commercial applicator or noncommercial applicator license expires on the first anniversary of the date on which it was issued or renewed. (b) Each ... (a) A regulatory agency shall require each commercial and noncommercial applicator licensee to maintain records of all pesticide applications. The department may require each commercial ... (a) Each regulatory agency may inspect equipment used in the application of a restricted-use or state-limited-use pesticide. (b) A regulatory agency may require repairs or ... (a) The head of a regulatory agency that licensed or certified an applicator may suspend, modify, or revoke a license or certificate, assess an administrative ... This chapter does not prohibit a property owner from using in the property owner's house, lawn, or garden a pesticide that is labeled for that ... The other provisions of this chapter notwithstanding, a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners and ... (a) In this section, "predator control device" means a device that incorporates an active ingredient and is used for the control of livestock predators. (b) ... (a) The department may adopt rules governing the storage and disposal of pesticides and pesticide containers for the purpose of: (1) preventing injury from storage ... (a) After a public hearing on the issue, and in accordance with Subsection (b), the department by rule may adopt a list of regulated herbicides ... (a) If a person applies a regulated herbicide, the person shall act in accordance with each applicable rule adopted by the department, including a rule ... As soon as practicable after receiving a written request for a revision of a rule, an exemption from a requirement of this chapter, or a ... (a) If the commissioners court of a county determines that a valuable crop or vegetation susceptible to being adversely affected by the application of a ... (a) For the purpose of inspection, examination, or sampling, the department is entitled to enter at reasonable hours any building or place owned, controlled, or ... The department is entitled to take a sample for official analysis from any package or lot of pesticides found within this state. Acts 1981, 67th ... (a) If the department has reason to believe that a pesticide is in violation of any provision of this chapter, the department may issue and ... (a) The department may sue in the name of the commissioner to enjoin any violation of a provision of this chapter. Venue is in the ... The department may request the appropriate prosecuting attorney to prosecute a violation of a provision of this chapter. Acts 1981, 67th Leg., p. 1203, ch. ... (a) If a person violates a provision of this chapter or a rule or order adopted by the department under this chapter, the department may ... (a) A person who violates a provision of this chapter administered by a regulatory agency other than the department or a rule adopted by a ... A person whose application for registration of a pesticide has been denied or whose registration for a pesticide has been canceled may appeal the action ... A person whose application for an experimental use permit, pesticide dealer license, commercial applicator license, noncommercial applicator license, or private applicator license has been denied ... (a) The owner or custodian of a pesticide to which a stop use, stop distribution, or removal order is imposed under Section 76.153 may appeal ... (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 ... Notwithstanding other law, the owner or lessee of land on which a pesticide is applied is not responsible for damages resulting from the application of ... (a) A person commits an offense if the person distributes within this state or delivers for transportation or transports in intrastate commerce or between points ... (a) Except as provided by Subsection (b) of this section, an offense under Section 76.201 of this code is a Class C misdemeanor, unless the ... (a) It is a defense to prosecution under this subchapter that the defendant: (1) is a carrier who was lawfully engaged in transporting a pesticide ... Texas Lawyers
Last modified: August 10, 2007 |