Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 7.
PESTICIDES
The Texas Department of Agriculture (the department) proposes amendments
to §7.10, §7.20, and §7.22, concerning pesticide regulations.
The amendments are proposed to increase the current fees for a pesticide product
registration, pesticide applicator licenses, pesticide dealer licenses and
testing fees for applicators in order to allow the department to recover more
of its costs of implementing the department's pesticide registration and application
programs, as directed by the 78th Legislature, 2003.
The proposed amendment to §7.10(a)(4) increases the fee for a pesticide
product registration from $350 to $420 for a two-year registration. The proposed
amendment to §7.20 (d)(1) increases the fee for a pesticide dealer license
from $200 to $240. The proposed amendments to §7.20(d)(2)(A)-(D) increase
the fees for a commercial, noncommercial, noncommercial political subdivision,
and private pesticide applicator licenses by 20% of the current fee. The proposed
amendment to §7.22(d)(2) increases the pesticide applicator testing fee
from $20 to $24.
Phil Tham, assistant commissioner for pesticide programs, has determined
that for each year of the first five years the sections, as amended, are in
effect, there will be an increase of $718,808 in general state revenue, resulting
from the increase in registration, license and testing fees. There will be
no fiscal implications for local government as a result of enforcing or administering
the amended sections.
Mr. Tham has also determined that for each fiscal year of the first five
years the sections, as amended are in effect, the public benefit anticipated
as a result of enforcing or administering the sections as amended will be
the recovery of costs to implement programs from the regulated industry rather
than from other state funds. The anticipated costs to individuals, microbusinesses
or small businesses acting as pesticide applicators or dealers, employing
pesticide applicators or registering pesticide products with the department
will be an increase in registration, licensing and testing fees of 20% annually.
Comments on the proposal may be submitted to Phil Tham, Assistant Commissioner
for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78711. Comments must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
. The department will hold public hearings to receive public comment
on the proposal, in accordance with the Texas Agriculture Code, 76.004. Notice
of these hearings will be published in the
Texas
Register
.
Subchapter B. REGISTRATION
4 TAC §7.10
The amendment to §7.10 is proposed under the Texas Agriculture
Code, §76.044, which provides the department with the authority to set
by rule a fee for each pesticide to be registered with the department.
The code affected by this proposal is the Texas Agriculture Code, Chapter
76.
§7.10.Registration of Pesticides.
(a)
In addition to the requirements contained in the Act, Subchapter
C (concerning registration), the application for registration of a pesticide
shall include:
(1)-(3)
(No change.)
(4)
A fee of
$420
[
(b)-(i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 9, 2003.
TRD-200303448
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 20, 2003
For further information, please call: (512) 463-4075
4 TAC §7.20, §7.22
The amendments to §7.20 and §7.22 are proposed under
the Texas Agriculture Code, (the Code), §76.073, which provides the department
with the authority to set by rule a fee for a pesticide dealer license; the
Code, §76.108, which authorizes the department to set an annual license
fee for commercial pesticide applicators; the Code, §76.109, which authorizes
the department to set an annual license fee for noncommercial pesticide applicators
and authorizes the department to set other fees as necessary to defray the
costs of administering a pesticide applicator certification program.
The code affected by this proposal is the Texas Agriculture Code, Chapter
76.
§7.20.Application.
(a)-(c)
(No change.)
(d)
Except as provided by Chapter 2, Subchapter B of this title,
licensing and renewal fees are:
(1)
Dealers:
$240
[
(2)
Applicators:
(A)
Commercial:
$180
[
(B)
Noncommercial:
$120
[
(C)
Noncommercial applicators employed by a political subdivision
of the State of Texas or of a federal agency operating in Texas who utilize
the license solely in the course of their employment:
$12
[
(D)
Private:
$60
[
(E)
(No change.)
(e)-(h)
(No change.)
§7.22.Licensing of Applicators.
(a)-(c)
(No change.)
(d)
Commercial and noncommercial applicators must meet the
following requirements:
(1)
(No change.)
(2)
A fee of
$24
[
(3)
(No change.)
(e)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on June 9, 2003.
TRD-200303449
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 20, 2003
For further information, please call: (512) 463-4075
Subchapter A. GENERAL QUARANTINE PROVISIONS
4 TAC §19.3
The Texas Department of Agriculture (the department) proposes
amendments to §19.3 (a), concerning the inspection fee for the issuance
of a phytosanitary certificate. A phytosanitary inspection certificate is
issued if an article is inspected and found free of pest infestation. The
department issues three types of phytosanitary certificates; a phytosanitary
growing season inspection certificate, a state phytosanitary certificate,
and a federal phytosanitary certificate. A phytosanitary growing season inspection
certificate is issued for the inspection of field crops for export. A state
phytosanitary certificate is issued for the export of agricultural commodities
to other states, while a federal phytosanitary certificate is issued for the
export of agricultural commodities to other countries. A federal phytosanitary
certificate is issued under the authority of the U.S. Plant Protection Act
of 1999 through a cooperative agreement with United States Department of Agriculture.
The current fee for issuance of a phytosanitary growing season inspection
certificate or a state phytosanitary certificate is $25 per inspection and
has not increased since 1996. The amendments to §19.3(a) are proposed
to increase the fee for a phytosanitary growing season inspection and state
phytosanitary inspection from $25 to $30, and to establish an inspection fee
of $50 for issuance of a federal phytosanitary certificate. The amendments
are further proposed to recover some costs associated with the administration
of the department's phytosanitary activities, as directed by the Texas Legislature,
78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section. It is estimated that there will be increase in state
revenue of $123,425 due to the increase of the phytosanitary inspection fee
and establishment of a new fee for federal certificates. There will be no
fiscal implications for local government as a result of enforcing or administering
the amended section.
Mr. Kostroun has also determined that for the first five years the amended
section is in effect, the public benefit anticipated as a result or enforcing
or administering the amended section will be providing improved phytosanitary
inspection and export certification services and the recovery of some costs
associated with the department's phytosanitary activities. The anticipated
cost to an individual, microbusiness, or small business paying the increased
registration fee for the services provided will be an additional $10 for a
state phytosanitary or growing season inspection and an additional $25 for
a federal phytosanitary inspection.
Comments on the proposal should be sent to Dr. Awinash Bhatkar, Coordinator
of Plant Quality Programs, P.O. Box 12847, Austin, Texas 78711, and must be
received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
The amendments to §19.3 are proposed under the Texas Agriculture
Code, §12.021, which authorizes the department to collect an inspection
fee for a phytosanitary inspection required by other states and foreign countries
for agricultural products, processed products, or equipment exported from
this state.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 12.
§19.3.Inspection Fees.
(a)
The department shall collect an inspection fee of
$30
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 9, 2003.
TRD-200303451
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 20, 2003
For further information, please call: (512) 463-4075
$350
] per product
registered for a two year period. This fee may be prorated in accordance with
subsection (f) of this section.
Subchapter C. LICENSING
$200
] for two years;
$150
] for one year;
$100
] for one
year;
$10
] for one year;
$50
] for five years;
$20
] shall be required
for testing each applicant in each license use category and subcategory, and
must be paid at the time the test or tests are given. Employees of political
subdivisions of the State of Texas or of a federal agency operating in Texas
who utilize the license solely in the course of their employment are exempt
from examination fees.
Chapter 19.
QUARANTINES
$25
] for the issuance of a
state
phytosanitary
or a growing season inspection
certificate
and $50 for a federal
phytosanitary certificate
. Fields designated for genetic identity by
the department are exempt from the fee.
Chapter 22.
NURSERY PRODUCTS AND FLORAL ITEMS