Texas Agriculture Code Title 5, Chapter 76 - Pesticide And Herbicide Regulation

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 76.001 - Definitions
  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...
• Texas Section 76.002 - Pests
  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,...
• Texas Section 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...
• Texas Section 76.004 - Department Rules
  (a) The department may adopt rules for carrying out the provisions of this chapter, including rules providing for: (1) the collection, examination, and reporting of...
• Texas Section 76.006 - Pesticide Examination And Testing
  (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...
• Texas Section 76.007 - Interagency Cooperation
  (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...

SUBCHAPTER B LABELING

• Texas Section 76.008 - Exemption
  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,...
• Texas Section 76.021 - Labeling Information
  (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...
• Texas Section 76.022 - Conspicuous Lettering
  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...

SUBCHAPTER C REGISTRATION

• Texas Section 76.023 - Misbranded Pesticide Or Device
  (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...
• Texas Section 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...
• Texas Section 76.042 - Content Of Registration Application
  (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...
• Texas Section 76.043 - Expiration And Renewal
  (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...
• Texas Section 76.044 - Fees
  (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...
• Texas Section 76.045 - Registration For Special Local Need
  (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,...
• Texas Section 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...

SUBCHAPTER D LICENSING OF DEALERS

• Texas Section 76.047 - Experimental Use Permit
  (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...
• Texas Section 76.071 - License Required
  (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...
• Texas Section 76.072 - Expiration
  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...
• Texas Section 76.073 - Fees
  (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...
• Texas Section 76.074 - Display Of Dealer License
  (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...
• Texas Section 76.075 - Records
  (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...
• Texas Section 76.076 - Denial, Revocation, Modification, Or Suspension Of License
  (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,...

SUBCHAPTER E USE AND APPLICATION

• Texas Section 76.077 - Exceptions
  (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...
• Texas Section 76.101 - Coordination
  (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...
• Texas Section 76.102 - Agencies Responsible For Licensing Pesticide Applicators
  The department shall license pesticide applicators involved in the following license use categories: (1) agricultural pest control, including animal pest control; (2) forest pest control;...
• Texas Section 76.103 - Program Contingent On Federal Funds
  (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...
• Texas Section 76.104 - Agency Rules For Application Of A Pesticide
  (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...
• Texas Section 76.105 - License Required
  (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...
• Texas Section 76.106 - Classification Of Licenses
  (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,...
• Texas Section 76.107 - Licensing By More Than One Agency
  (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...
• Texas Section 76.108 - Commercial Applicator License
  (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...
• Texas Section 76.109 - Noncommercial Applicator License
  (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...
• Texas Section 76.110 - Commercial And Noncommercial Applicator Examination; Reciprocal Agreements
  (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...
• Texas Section 76.111 - Applicator Businesses; Proof Of Financial Responsibility
  (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...
• Texas Section 76.112 - Private Applicator
  (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...
• Texas Section 76.113 - Term And Renewal Of Licenses
  (a) Each pesticide applicator license issued under this chapter, other than a private applicator license, expires at the end of the license period established by...
• Texas Section 76.114 - Records
  (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...
• Texas Section 76.115 - Inspection Of Equipment
  (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...
• Texas Section 76.116 - Suspension, Modification, Or Revocation Of License
  (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...
• Texas Section 76.117 - Property Owner Use
  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...
• Texas Section 76.118 - Exemption For Licensed Veterinarians
  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...

SUBCHAPTER F STORAGE AND DISPOSAL

• Texas Section 76.119 - Disclosure Of Information Relating To Private Pesticide Applicator License Holders
  (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)...

SUBCHAPTER G HERBICIDES

• Texas Section 76.131 - Rules
  (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...
• Texas Section 76.141 - Regulated Herbicides
  (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...
• Texas Section 76.142 - Application Of Regulated Herbicide
  (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...
• Texas Section 76.143 - Public Hearing
  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...

SUBCHAPTER H ENFORCEMENT

• Texas Section 76.144 - County Herbicide Regulations
  (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...
• Texas Section 76.151 - Entry Power
  (a) The department, at any time and without notice during regular business hours, may: (1) enter and inspect a building or place owned, controlled, or...
• Texas Section 76.152 - Sampling
  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...
• Texas Section 76.153 - Stop Use, Stop Distribution, Or Removal Order
  (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...
• Texas Section 76.154 - Injunction
  (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...
• Texas Section 76.155 - Prosecutions
  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....
• Texas Section 76.1555 - Administrative Penalty
  (a) If a person violates a provision of this chapter or Chapter 1951, Occupations Code, or a rule or order adopted by the department under...

SUBCHAPTER I REMEDIES

• Texas Section 76.156 - Civil Penalty
  (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...
• Texas Section 76.181 - Appeal Of Denial Or Cancellation Of Pesticide Registration
  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...
• Texas Section 76.182 - Appeal Of Permit Or License Denial, Suspension, Modification, Or Revocation
  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...
• Texas Section 76.183 - Appeal Of Stop Use, Stop Distribution, Or Removal Order
  (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...
• Texas Section 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...

SUBCHAPTER J PENALTIES

• Texas Section 76.185 - Damages Resulting From Application Of Pesticide Under Government Program
  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...
• Texas Section 76.201 - Offenses
  (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...
• Texas Section 76.202 - Penalty
  (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...
• Texas Section 76.203 - Defenses
  (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...

Last modified: September 28, 2016