1. (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.

2. (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. (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. (2) the date of the distribution;
   3. (3) the brand name and the EPA registration number of the pesticide distributed;
   4. (4) the quantity of the pesticide distributed; and
   5. (5) if the pesticide is made available to a nonlicensed person acting under the authorization of the licensed or certified applicator or licensed dealer to whom the pesticide is distributed, the name and address of the nonlicensed person.
3. (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.
4. (d) Records of distibution shall be made available for inspection by the department immediately upon request at any time during normal business hours.
5. (e) Copies of records of distribution must be submitted to the department within the time period specified in a written request by the department.
6. (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, not later than the tenth day of each month, a record of all restricted-use or state-limited-use pesticides or regulated herbicides distributed into the state during the prior month. If no such distributions were made for the prior month, the dealer shall submit a letter 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.
7. (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.