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RULE §7.12Custom Blends

(a) A custom blend is a pesticide-fertilizer, pesticide-pesticide, or a pesticide-animal feed mixture that is produced on special request for a specific customer. Custom blends shall only be distributed or prepared according to the following criteria:

  (1) the custom blend is prepared to the order of the customer and is not held in inventory by the blender;

  (2) the custom blend is to be used on the customer's property (including leased or rented property);

  (3) the pesticide(s) used in the custom blend bears end-use labeling directions which do not prohibit use of the product in such a custom blend;

  (4) the custom blend is prepared with registered pesticides;

  (5) the custom blend is delivered or distributed to the customer along with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of the mixture; and

  (6) no other pesticide production activity is performed at the establishment.

(b) If a restricted-use or state-limited-use pesticide or regulated herbicide is used in the custom blend, the establishment must be licensed as a pesticide dealer in accordance with the Act, Chapter 76, Subchapter D, and §7.20 of this title (relating to Application).

(c) Any pesticide containers used in preparing a custom blend, in which a partial amount(s) is still contained within the container, must be prominently identified as a pesticide to be used by that establishment only in a custom blend or in a commercial application made by that establishment.

Source Note: The provisions of this §7.12 adopted to be effective December 4, 1997, 22 TexReg 11652.

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