2023 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)  Except as provided by Subsection (g-1), a pesticide that has been registered with the department must continue to be registered until the earlier of:
(1)  the second anniversary of the date the registrant stops distributing the pesticide in this state; or
(2)  the date no pesticide remains in the channels of trade in this state.
(g-1)  A registrant that initiates a recall of a pesticide from distribution in this state before the pesticide's registration expires is not required to continue to register the pesticide after the expiration date.
(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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 130 (H.B. 1761), Sec. 1, eff. September 1, 2023.