4 Tex. Admin. Code § 7.10
Registration of Pesticides
Effective Apr 5, 202651 TexReg 2025Source 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; amended to be effective March 9, 2023, 48 TexReg 1286; amended to be effective April 5, 2026, 51 TexReg 2025.Texas Secretary of State
(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 registered pesticide products must be renewed by the scheduled renewal date included in the registration package as provided by the department. Any newly registered product will be prorated by quarter so that the registration will expire at the same time as all other pesticide products of the registrant.
(g) A pesticide shall be considered unregistered upon the cancellation of its registration. A registrant can cancel a pesticide registration by discontinuing the pesticide from distribution or initiating a recall of the pesticide from distribution to remove it from the channels of trade.
(1) A registrant must submit an application notifying the department of the pesticide's discontinuance and stop distributing the pesticide. The pesticide may continue to be in the channels of trade until the second anniversary of the date of discontinuance. The application for discontinuance shall include:
- (A) the effective date the pesticide has been or will be discontinued from distribution in the state and
- (B) a fee of $600 per product that is being discontinued.
- (2) A registrant that initiates a recall of a pesticide from distribution to remove the pesticide from the channels of trade before the pesticide's registration expires does not need to continue to register the pesticide after the registration expiration date.
(3) The pesticide will be considered registered until the earlier of:
- (A) the second anniversary of the date the registrant stops distributing the pesticide in this state or
- (B) the date no pesticide remains in the channels of trade in this state.
- (h) Any written recommendations allowed by FIFRA 2(ee) must be approved by the department prior to being released into the channels of trade.
- (i) 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.
- (j) After a product is registered with the department, the registrant 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 and have met any additional 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; amended to be effective March 9, 2023, 48 TexReg 1286; amended to be effective April 5, 2026, 51 TexReg 2025.