Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 7.
PESTICIDES
The Texas Department of Agriculture (the department) proposes amendments
to §§7.10, 7.20, 7.23, 7.24, and 7.35 concerning pesticide registration
and regulation. The amendment to §7.10, relating to registration of pesticides,
are primarily made to eliminate the use of proration in licensing fees, to
make the collection of fees for pesticide registration consistent with the
collection of other agency fees. The amendment of §7.10(a)(4), is proposed
to eliminate a reference to subsection §7.10(f) in the department's rules.
The amendment to §7.10(f) is proposed to eliminate fee proration of pesticide
registration fees. The amendment to §7.10(g) is proposed to delete the
requirement that written recommendations allowed by Federal law be approved
by the department prior to release.
The amendments to §7.20, relating to commercial and noncommercial
pesticide applicator licenses, are made to comply with amendments made by
HB 901, enacted by the 79th Legislature, 2005. HB 901 amends Section 76.113
of the Texas Agriculture Code to provide that all new commercial, noncommercial,
and private applicator licenses will no longer expire on the last day of February,
but rather by the first anniversary of the date of issuance or renewal. This
change does away with the need to prorate license fees. The amendment to §7.20(c)
is proposed to delete language relating to fee proration. The amendment to §7.20(e)
is proposed to eliminate proration of pesticide applicator fees.
The amendments to §7.23 are proposed to clarify that an applicator
business must provide proof of financial responsibility to the department
on a form prescribed by the department and that the applicator business must
notify the department of any changes of information provided as part of the
registration application. The amendment to §7.24(s) is proposed to clarify
that the department will verify that an applicator has obtained the required
CEUs through an audit process. The amendment to §7.24(t) is proposed
to require that an applicator obtain the required number of CEUs prior to
the expiration of the license. The amendment to §7.35 is proposed to
clarify that application equipment used to apply a restricted use or state-limited-use
pesticide or regulated herbicide is required to be registered with the department
on a prescribed form.
Jimmy Bush, assistant commissioner for pesticide programs, has determined
that for the first five-year period the proposed amendments are in effect
there is no anticipated fiscal impact for state and local governments as a
result of administering or enforcing the amended sections, as proposed.
Mr. Bush also has determined that for each year of the first five years
the proposed amendments are in effect, the public benefits anticipated as
a result of administering and enforcing the amended sections, as proposed,
will be that the amendments will create less confusion for the applicant about
the correct license fee amount. The amendments will also allow the department
to more evenly distribute licensing workflow throughout the year, which will
provide for a better turnaround time to customers. There is a cost anticipated
to some micro-businesses, small businesses or individuals required to comply
with the amendments to §7.10. There will be a fiscal impact on pesticide
registrants who have multiple products registered that have the same expiration
date, and who register any new products and want the new products to have
the same expiration date as their existing products. Those registrants will
be required to pay the full fee rather than a prorated fee, regardless of
the amount of time remaining until the existing products renew.
Comments on the proposal may be submitted to Jimmy Bush, 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
.
Subchapter B. REGISTRATION
4 TAC §7.10
The amendments to §7.10 are proposed under Texas Agriculture
Code (the Code), §76.004, which provides that the department may adopt
rules for carrying out the provisions of the Code, Chapter 76; the Code, §76.041,
which requires that a pesticide be registered with the department before it
is distributed in this state, is delivered for transportation, or is transported
in intrastate commerce or between points within this state through a point
outside the state; and the Code, §76.043, which provides the department
with the authority to adopt by rule a schedule for expiration of registrations.
The code affected by the 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 per product registered for a two-year period.
A registrant that has existing products registered and wishes to have all
products renew on the same date may choose to do so, except that any new product
registered during the two year period must be accompanied by the full fee.
[
(b) - (e)
(No change.)
(f)
All pesticide products registered by a registrant must
be renewed by the scheduled renewal date included in the registration package
as provided by the department. [
[
(g)
[
(h)
[
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 July 27, 2005.
TRD-200503090
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: September 11, 2005
For further information, please call: (512) 463-4075
This fee may be prorated in accordance with subsection (f) of
this section.
]
Any new product registered by a registrant
will be prorated by quarter so that the registration will expire at the same
time as all other pesticide products of the registrant.
]
(g)
Any written recommendations
allowed by FIFRA 2(ee) must be approved by the department prior to being released
into the channels of trade.]
(h)
] Registration is not required
for a chemical composition being used only to develop plot data on a total
of 10 acres or less in the state.
(i)
] After a product is registered
with the department, registrants shall provide the department the most current
pesticide product label any time the product label is amended. Before distributing
the revised product label, the registrant must have written department approval
in addition to any applicable federal requirements.
Subchapter C. LICENSING