ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 7. Pesticides 4 TAC sec.sec.7.1, 7.3-7.5, 7.7 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.7.1, 7.5, 7.7 and new sections sec.7.3 and sec.7.4, concerning pesticides. Section 7.1 is adopted with changes to the proposed text as published in the November 14, 1995, issue of the Texas Register (20 TexReg 9325). Amendments to sec.7.5 and sec.7.7 and new sec.7.3 and sec.7.4 are adopted without changes and will not be republished. The amendments and new sections are adopted in order to be consistent with changes made by the Texas Legislature during the Sunset process of the department. The amendments are adopted in order to clarify existing regulations. The amendment to sec.7.1 will change the definition and term "custom mix" to "custom blend" in order to use a more common term. The amendment will also change the definition for Texas Agricultural Extension Service from Service to "Extension" to be consistent with commonly used terminology. The amendment to sec.7.5 changes the title of the section from "Custom Mixes" to "Custom Blends" to use common terminology. Language has been added that better defines "custom blends" and requirements of a custom blender. This language tracks federal requirements as well. Section 7.7 has been amended for purposes of clarification and to state the period of time covered by the registration fee. Sections 7.3 and 7.4 have been repealed under a separate submission and are now being proposed as new sections so that the regulations flow in the order in which the registrant would read them. Portions of these two sections have been deleted since they restate statutory requirements and do not need additional clarification in the regulations. Further, in sec.7.3, new language was added to explain the biennial registration process and the requirements of this section. Comments were received from the Texas Agricultural Extension Service stating that the name is "Agricultural" not "Agriculture" as stated in the definition and that either "the Extension Service" or "Extension" is preferable when referring to the Texas Agricultural Extension Service. As noted, the department is changing the language in the definition to reflect the correction to Texas Agricultural Extension Service and the use of "Extension" to refer to the Texas Agricultural Extension Service. The amendments and new sections are adopted under the Texas Agriculture Code, sec.76.004, which provides the Texas Department of Agriculture with the authority to regulate the use of pesticides and authorizes the department to adopt rules for carrying out the provisions of Chapter 76. sec.7.1. Definitions. In addition to the definitions set out in the Texas Agriculture Code, sec.76.001, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Custom blend-A pesticide formulation produced on special request for a specific customer. Extension-Texas Agricultural Extension Service. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on December 27, 1995. TRD-9516764 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: January 17, 1996 Proposal publication date: November 14, 1995 For further information, please call: (512) 463-7583 4 TAC sec.7.3, sec.7.4 The Texas Department of Agriculture (the department) adopts the repeal of sec.7.3 and sec.7.4, concerning pesticides, without changes to the proposed text as published in the November 14, 1995, issue of the Texas Register (20 TexReg 9327). These sections will be replaced by completely new sections. The repeals are adopted in order to clarify language and to explain the biennial registration process. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, sec.76.004, which provides the Texas Department of Agriculture with the authority to regulate the use of pesticides and authorizes the department to adopt rules for carrying out the provisions of Chapter 76. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on December 27, 1995. TRD-9516763 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: January 17, 1996 Proposal publication date: November 14, 1995 For further information, please call: (512) 463-7583