| (a) A person required to be licensed as a pesticide
dealer by the Act, §76.071, shall maintain a record of each distribution
of a restricted-use pesticide, state-limited-use pesticide, or regulated
herbicide for a period of two years.
(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 but not a restricted-use pesticide
under FIFRA is made available to an unlicensed 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.
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| 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; amended to be effective March 9, 2023, 48 TexReg 1286 |
