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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7PESTICIDES
SUBCHAPTER DUSE AND APPLICATION
RULE §7.32Records of Distribution

(a) A person required to be licensed as a pesticide dealer by the Act, §76.071 shall maintain for a period of two years a record of each distribution of a restricted-use pesticide, state-limited-use pesticide, or regulated herbicide.

(b) The record of each distribution required to be kept by this section shall be kept separate from the person's other business records and shall contain:

  (1) the name, address, applicator license or certificate number, dealer license number, or veterinary license number of the person to whom the pesticide is distributed;

  (2) the date of the distribution;

  (3) the brand name and the EPA registration number of the pesticide distributed;

  (4) the quantity of the pesticide distributed;

  (5) the name and address of any person who took delivery of the pesticide on behalf of, and acting under the authorization of the responsible licensed or certified applicator, including distributions to any entity on behalf of a Texas licensed pesticide dealer.

  (6) if a pesticide that has been classified as a state-limited-use pesticide or a regulated herbicide, and is not a restricted-use pesticide under FIFRA, is made available to a nonlicensed person that resides out-of-state, and the person does not intend to use the pesticide in this state, the name and out-of-state address of the person. If the person holds a valid applicator license issued by another state or federal agency, the dealer must record that license number and the state or federal agency that issued the license.

(c) Records of distribution shall be kept current and maintained at the place of business where distribution occurs as designated on the pesticide dealer's license.

(d) Records of distribution shall be made available for inspection by the department immediately upon request at any time during normal business hours.

(e) Copies of records of distribution must be submitted to the department within the time period specified in a written request by the department.

(f) Out-of-state licensed dealers who do not operate a physical distribution location in the state will be required to submit to the department on a quarterly reporting period (January-March, April-June, July-September, October-December), a complete record of all restricted-use or state-limited-use pesticides or regulated herbicides distributed into the state during the prior quarterly reporting period. Reports must be submitted to the department no later than 15 days after each reporting period. If no such distributions were made in a quarterly reporting period, the dealer shall submit a letter to the department no later than 15 days after the ending day of that reporting period stating that no such distributions were made. Forms for submitting distribution records under this subsection may be obtained from the department. If the department form is not used, the form submitted must contain all the information required by this section.

(g) All licensed pesticide dealers shall maintain a list of poison control centers in the state or other sources of contact designed to provide medical assistance in emergencies involving pesticide poisoning.


Source Note: The provisions of this §7.32 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687

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