reglab/housing_qa huggingface dataset:
TX Agric Code § 76.023 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter B. Labeling|Section 76.023. Misbranded Pesticide or Device

Sec. 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 requirements of the United States Environmental Protection Agency;  or(2)  it is not subject to registration under FIFRA and:(A)  its labeling bears a statement, design, or graphic representation relating to the pesticide or device, or the ingredients of either, that is false or misleading in any particular;(B)  it is an imitation of or is distributed under the name of another pesticide or device;  or(C)  it is not conspicuously labeled in accordance with Section 76.022 of this code.(b)  A pesticide is misbranded if:(1)  its labeling bears any reference to registration under this chapter, unless the reference is required by a rule adopted under this chapter;(2)  it does not bear a label as required by Section 76.021 of this code;  or(3)  its label does not bear information as required by Section 76.021 of this code or a rule adopted under this chapter.|Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.041 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.041. Registration Required

Sec. 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, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 6.02, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.042 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.042. Content of Registration Application

Sec. 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 person whose name will appear on the pesticide label, if not the applicant's;(2)  the name of the pesticide;(3)  a complete copy of all labeling to accompany the pesticide and a statement of all claims to be made for it, including the directions for use and, if the pesticide is required to be registered with the United States Environmental Protection Agency, a copy of the Environmental Protection Agency stamped accepted labeling and any applicable comment pages;(4)  the use classification, whether for restricted or general use, as provided by the federal Insecticide, Fungicide, and Rodenticide Act, as amended, or by a rule adopted under that Act;(5)  the use classification proposed by the applicant, if the pesticide is not required by federal law to be registered under a use classification;  and(6)  other information required by the department for determining the eligibility for registration.(b)  The department may require the applicant to submit the complete formula for a pesticide, including active and inert ingredients, as a prerequisite to registration.(c)  The department may require a full description of the tests made and the results of the tests on which claims are based before approving registration of a pesticide that is not registered under federal law or for which federal or state restrictions on use are being considered.(d)  A person located outside this state, as a condition to registration of a pesticide, shall file with the department a written instrument designating a resident agent for service of process in actions taken in the administration and enforcement of this chapter.  Instead of designating a resident agent, the person may designate in writing the secretary of state as the recipient of service of process for the person in this state.|Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.043 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.043. Expiration and Renewal

Sec. 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 adopt a system under which registrations expire on various dates during the year.(b)  A person who applies for renewal of registration shall include in the renewal application only information that is different from the information furnished at the time of the most recent registration or renewal.(c)  A registration in effect on its expiration date for which a renewal application has been filed and renewal fee has been paid continues in effect until the department notifies the applicant that the registration has been renewed or denied renewal.|Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 6.03, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.044 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.044. Fees

Sec. 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 application for registration or renewal of registration.(b)  A person who fails to apply for renewal of registration on or before the expiration date of the registration must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code for each brand to be renewed.(c)  Of the money received by the department under this section, the department shall annually deposit to the credit of the pesticide disposal fund under Section 76.009 an amount to cover the cost of administering the pesticide waste and pesticide container collection activities performed under Section 76.132, not to exceed $400,000. The department may not increase the amount of a fee under this section for purposes of this subsection or Section 76.132.|Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4284, ch. 682, Sec. 5, eff. Sept. 1, 1983;  Acts 1989, 71st Leg., ch. 230, Sec. 83, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.08, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.35, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1025 (H.B. 191), Sec. 2, eff. September 1, 2019.|
TX Agric Code § 76.045 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.045. Registration for Special Local Need

Sec. 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, for the purpose of meeting a special local need.(b)  Before approving a registration under this section, the department shall determine that the applicant meets the other requirements of this subchapter.|Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Agriculture Code Sec. 76.046 and amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.046 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.046. Denial or Cancellation of Registration

Sec. 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, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 3.13, eff. Sept. 1, 1995.  Renumbered from Agriculture Code Sec. 76.047 by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.047 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter C. Registration|Section 76.047. Experimental Use Permit

Sec. 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 to register a pesticide under this chapter.(b)  A person may file an application for an experimental use permit before or after applying for registration.(c)  Use of a pesticide under an experimental use permit is under the supervision of the department and is subject to the terms and conditions, and valid for a period of time, prescribed by the department in the permit.(d)  The department may charge a fee for issuing a permit under this section in an amount equal to the amount charged for registration under Section 76.044(a).(e)  The department may revoke an experimental use permit at any time if the department finds that:(1)  the terms or conditions of the permit are being violated;  or(2)  the terms and conditions of the permit are inadequate to avoid any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of use of the pesticide.|Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Agriculture Code Sec. 76.048 and amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.071 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.071. License Required

Sec. 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 by the department.(b)  Except as otherwise provided by this section, a pesticide dealer must obtain a license for each location in the state that is used for distribution.  If the person does not have a place of business in this state, the person may obtain one license for all out-of-state locations, but shall file as a condition to licensing a designation of an agent for service of process as provided by Section 76.042(d) of this code.(c)  A person must apply for a pesticide dealer license on forms prescribed by the department.(d)  A pesticide dealer may not distribute a restricted-use or state-limited-use pesticide or a regulated herbicide except to:(1)  a person licensed as a commercial applicator, noncommercial applicator, or private applicator;(2)  an individual working under the direct supervision of a licensed applicator;(3)  a certified private applicator;(4)  a licensed pesticide dealer;  or(5)  a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners.|Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.072 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.072. Expiration

Sec. 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 under which licenses expire on specified dates during a year.|Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.073 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.073. Fees

Sec. 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 to apply for renewal of a pesticide dealer license on or before the expiration date of the license must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code.|Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 84, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.36, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.074 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.074. Display of Dealer License

Sec. 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 this section is a ground for revocation of the license.|Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.075 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.075. Records

Sec. 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 and shall maintain a copy of the record for at least two years after the date of the distribution.(b)  The department shall adopt rules that prescribe the information to be stated in the records required by this section.(c)  The department may require that a copy of the records required by this section be submitted periodically to the department.(d)  The department may revoke a dealer's license if the licensee fails to submit a copy of a record as required under Subsection (c) or makes false or fraudulent records, invoices, or reports. |Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.076 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.076. Denial, Revocation, Modification, or Suspension of License

Sec. 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, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or reprimand a licensee for a violation of this chapter or a rule adopted by the department under this chapter.(b)  If a license suspension is probated, the department may require the person to:(1)  report regularly to the department on matters that are the basis of the probation;  or(2)  limit business to the areas prescribed by the department.(c)  If the department proposes to deny a person's application for a pesticide dealer license or to revoke, modify, or suspend a person's license, the person is entitled to a hearing conducted under Section 12.032.  The decision of the department is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.|Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 85, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.077 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter D. Licensing of Dealers|Section 76.077. Exceptions

Sec. 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 does not apply to a licensed pesticide applicator who:(1)  distributes restricted-use or state-limited-use pesticides or regulated herbicides only as an integral part of the pesticide application business;  and(2)  dispenses the pesticides only through equipment used in the pesticide application business.(c)  This subchapter does not apply to a federal, state, county, or municipal agency that provides pesticides only for its own programs.|Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.102 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter E. Use and Application|Section 76.102. Agencies Responsible for Licensing Pesticide Applicators

Sec. 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;(3)  ornamental and turf pest control, except as provided by Chapter 1951, Occupations Code;(4)  seed treatments;(5)  right-of-way pest control;(6)  regulatory pest control;(7)  aquatic pest control;(8)  demonstration pest control;(9)  health-related pest control; and(10)  other license use categories as necessary to comply with federal requirements.  The department may not adopt license use categories that are designated by statute for regulation by another agency.|Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2589, ch. 693, Sec. 1, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 87, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.752, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1278 (H.B. 1530), Sec. 1, eff. September 1, 2009.|