Tex. Agric. Code 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 the agency is responsible.

(b)

Rules adopted under this section may:

(1)

prescribe methods to be used in the application of a restricted-use or state-limited-use pesticide or regulated herbicide;

(2)

relate to the time, place, manner, method, amount, or concentration of pesticide application or to the materials used in pesticide application; and

(3)

restrict or prohibit use of a restricted-use or state-limited-use pesticide or regulated herbicide in designated areas during specific periods of time.

(c)

A regulatory agency may adopt a rule under this section only after consideration of precautions or restrictions necessary to prevent unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide.

(d)

The department shall adopt worker protection standards for pesticides if there is no federal worker protection standard. The department may adopt other rules for the protection of the health, safety, and welfare of farm workers and pesticide handlers.
Acts 1981, 67th Leg., p. 1197, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.

Source: Section 76.104 — Agency Rules for Application of a Pesticide, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­76.­htm#76.­104 (accessed Jun. 5, 2024).

76.001
Definitions 76.002
Pests 76.003
State-limited-use Pesticides 76.004
Department Rules 76.006
Pesticide Examination and Testing 76.007
Interagency Cooperation 76.008
Exemption 76.009
Pesticide Disposal Fund 76.021
Labeling Information 76.022
Conspicuous Lettering 76.023
Misbranded Pesticide or Device 76.041
Registration Required 76.042
Content of Registration Application 76.043
Expiration and Renewal 76.044
Fees 76.045
Registration for Special Local Need 76.046
Denial or Cancellation of Registration 76.047
Experimental Use Permit 76.071
License Required 76.072
Expiration 76.073
Fees 76.074
Display of Dealer License 76.075
Records 76.076
Denial, Revocation, Modification, or Suspension of License 76.077
Exceptions 76.101
Coordination 76.102
Agencies Responsible for Licensing Pesticide Applicators 76.103
Program Contingent on Federal Funds 76.104
Agency Rules for Application of a Pesticide 76.105
License Required 76.106
Classification of Licenses 76.107
Licensing by More than One Agency 76.108
Commercial Applicator License 76.109
Noncommercial Applicator License 76.110
Commercial and Noncommercial Applicator Examination 76.111
Applicator Businesses 76.112
Private Applicator 76.113
Term and Renewal of Licenses 76.114
Records 76.115
Inspection of Equipment 76.116
Suspension, Modification, or Revocation of License 76.117
Property Owner Use 76.118
Exemption for Licensed Veterinarians 76.119
Disclosure of Information Relating to Private Pesticide Applicator License Holders 76.120
Emergency Mosquito Control by Certain Municipal or County Employees 76.131
Rules 76.132
Disposal of Pesticide 76.141
Regulated Herbicides 76.142
Application of Regulated Herbicide 76.143
Public Hearing 76.144
County Herbicide Regulations 76.151
Entry Power 76.152
Sampling 76.153
Stop Use, Stop Distribution, or Removal Order 76.154
Injunction 76.155
Prosecutions 76.156
Civil Penalty 76.181
Appeal of Denial or Cancellation of Pesticide Registration 76.182
Appeal of Permit or License Denial, Suspension, Modification, or Revocation 76.183
Appeal of Stop Use, Stop Distribution, or Removal Order 76.184
Reports of Pesticide Adverse Effects 76.185
Damages Resulting from Application of Pesticide Under Government Program 76.201
Offenses 76.202
Penalty 76.203
Defenses 76.1095
Noncommercial Applicator License for Mosquito Control in Border Counties 76.1555
Administrative Penalty
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 76.104’s source at texas​.gov