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RULE §7.10Registration of Pesticides

(a) In addition to the requirements contained in the Act, Subchapter C (concerning registration), the application for registration shall include:

  (1) a material safety data sheet (MSDS) which complies with the provisions set forth in 29 Code of Federal Regulations §1910.1200(g);

  (2) an EPA-stamped accepted label and any applicable comments for a pesticide that must be federally registered under FIFRA;

  (3) the EPA product code for each active ingredient; and

  (4) A fee of $600 per product registered for a two year period. This fee may be prorated in accordance with subsection (f) of this section.

(b) Product registration may be denied or revoked and the registration fee forfeited if the application is incomplete or inaccurate.

(c) If the registrant distributes a pesticide under more than one brand name or more than one formulation, each brand or formulation must be registered as a separate product.

(d) It shall be a violation to continue to distribute a pesticide for which a renewal application, including the required fee, has not been received on or before the last day of the current registration. It is the responsibility of the registrant to obtain and submit an application for registration of a pesticide before the renewal date as prescribed in subsection (f) of this section.

(e) Late fees will be assessed on renewal applications postmarked after the renewal date as prescribed in subsection (f) of this section, as provided by the Code, §12.024.

(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. 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.

Source Note: The provisions of this §7.10 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective September 1, 2003, 28 TexReg 7344; amended to be effective January 1, 2016, 40 TexReg 9615

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