Case Information
*1 R-322 <i, !~~, 3Q35 OFFICE OF THE .ATTORXEFGENE~
AUSTIN.TEXAS PRICE DANIEL ATTCJRNEY GENERAL Afwil 25, 1947
Hon. George W. Cox, H. D.
State Health Off.icer
Texas State’ Board of Health
Austin, Texas, Opinion No. V-162
Re’: Exemp$lon of Insecticide which has been registered with then Commissioner of _’ ,~ as agricul- tural registration with the State insect Iclde, Health Officer as livestock Dear Sir: ~insect icide . refer to- your of April .ll,, 1947, request
for an opinion on the,question:
“ðer or not bang agricultural ticide and fungicide is exempt from registra- tion under the Texas Livestock Remedy Act, known as Senate Bill No. 75, if such agri- cultural insecticide and fungicide is also advertised as a livestock insectiaide in view: of Section 4 (e) of the Texas Live- stock Remedy Act, which reads as follows: ‘Nothing fin this Act shall ‘apply to any pro- duct ‘registered with the Commissioner of A riculture’ under the provisions of Chapter / 98, A t c s of the Regular Session of.the 48th Iegi~slature. ’ ”
Your inquiry and other communlcat Ions con- cerning it; reflect that Agricultural Insecticide Fungicide Association manufactures lnsec- ticides and f,ungicides which have been properly regis- tered, as such, with the Commissioner Agriculture, and are being sold under ‘proper labels, but are being advertised by the manufacturers, as livestock lnsecti- cldes.
“Chapter 98, Acts of the hegular Session of the 48th Legislature” and the “Texas Livestock Remedy Act, known as Senate Bill No. 75,” referred to in your
Eon. Ceor’ge W. Cox, M. D., Page 2, V-162 question, are now known as Articles 135b-1 and 192-1, respectively, in Vernon’s Civil Statutes and will be referred to in this opinion by such article numbers. 135b-1, Vernon’s Civil
Article was enacted in 1943, ,.,and is entitled:
“An Act to prevent fraud in the scale of agricultural insecticides and, .funglcides by providing for the branding or ,label+g of such products sold under this Act; pro-.
hlblt ing the adulteration,, misbranding or misrepresent at ion of agrlcult Ural insect l- ,cldes and fungicides; providing for the coloring, of .certaM ,insecti- .agricultural tides and fung$cides.; defining certain words, terms ‘and phrases,; providing for reglstra- ‘. ‘, ‘tion iith ~the Comnilssioner of Agriculture
and ,for, forfeitnre and cancellation of reg- istrat ion by ,suit la, the name of the State of Texas; providing for the examination and : analysis of agricultural lnsectlc.idesand fungicides; ,for the admlnlstra- tlon of this Act by the, .~CommQsioner of Ag- describing the powers and duties rlculture; of, the. .Commisa-ioner of ,.AgriauJt ure and the State C@mist ; prov.idlng for registration, fees, and disposition thereof; approprlatlng funds~ .to admiaistar this ,Act; providing pea-, alties’ and ,fine’s ,for the violation of .any provision. :of this. Act; providing for the search and ?eleuxy of any ia- sect$cide~s or ~funglcldes. sunder .oe,rtain, c)-. c,umstances; providing ~for the condemnation : and forfeiture of such lnseoticides fungicides by legal process; exemptiag re-.
tail. dealers from .re.glstration of ,products and payment of registration fees under, cer- tain conditions; exempting household t.icide,s,~ disinfectants and deodorants :from provisions ,of Act,;’ providing for a saving clqIse , and decla.ring an ,emerge,noy.‘! ~,, 192-in, of. Vernonis Civ’il Stat ute~s
Article was enacted in 1945, and is entitled: ~~ ‘,
“An’ Aat reguiat lag ‘the ‘ma&fact ure, sale offering to sell and labeling of live- st.ock .remedlesj providing. for registration I
_, *3 Hon. George W. Cox, W. D., Page 3, V-162
with State Health Officer; for fees; providing for enforcement; provid- ing penalties; providing a saving clause; allocat lng fees ; appropsiat ing funds; and declaring an emergency.
The saving clause in that law is as follows: “Nothing in this’ Act shall apply to any product registered with the Commission- er’ of Agriculture under the provisions of Chapter 98, Acts of the Regular Session OS the 48th Legislature.” (Art. 192-1, V.C.S.) &phasls added)
are of the opinion that the express excep-
tlon af “anx prodnct registered with the Commissioner of as made in Article 192-l of Vernon’s Civil removes such product, which has been properly registered with the Commissioner of Agriculture, all of the provisions of Article 192-1, so that such product la not required to be agafn registered with State Health Officer.
SUMMARY Article 135b-1, V. C. g., requires reg- = lstration of insecticides and fungicides with the Commissioner of Agriculture before being offered for sale In Texas. Thereafter, the Legislature enacted Article 192-1, V.C.S., requlrlng livestock remedies to be registered with the State Health Officer, excepting such products as are registered with Commissioner of Agriculture . When a product Is properly registered under Article 135b-1, such excep- t 1% exempts it from registration with the State Health Officer.
Yours very truly,
1947 ATTO- QFiNERAL OF TEXAS BY W. Assistant
WTW:dr:mrj