TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 7. PESTICIDES

SUBCHAPTER B. REGISTRATION

The Texas Department of Agriculture (the Department) proposes amendments to the Texas Administrative Code, Title 4, Part 1, Chapter 7, Subchapter B (Registration), §7.10, relating to Registration of Pesticides.

The proposed amendments to §7.10 add a new subsection to the rule allowing pesticide registrants to cancel a registration of a pesticide by either discontinuing its registration or initiating a recall to remove it from the channels of trade.

The proposed amendments to §7.10 align with the amendments to Section 76.041 of the Texas Agriculture Code enacted by passage of H.B. 1761, 88th Legislature, Regular Session. Those amendments remove the requirement that a registrant continue to maintain a pesticide's registration as long as it remains in the channels of trade in the state. Specifically, the amendments allow a registrant to stop a pesticide's registration either by discontinuing its distribution or initiating a recall. Upon submission of an application to discontinue registration of a pesticide, the registrant will pay a fee of $600, which represents the equivalent of a final registration fee.

LOCAL EMPLOYMENT IMPACT STATEMENT: Philip Wright, Administrator for Regulatory Affairs, has determined that the proposed amendments will not affect a local economy, so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

GOVERNMENT GROWTH IMPACT STATEMENT: Mr. Wright has provided the following government growth impact statement for the proposal, as required pursuant to Texas Government Code, §2001.0221. As a result of implementing the proposal, for each of the first five years the proposed rules are in effect:

(1) no government or Department programs will be created or eliminated;

(2) no employee positions will be created or eliminated,

(3) there will not be an increase or decrease in future legislative appropriations to the Department,

(4) there will be an overall decrease in fees paid to the Department, as registrants would no longer be required to continue to register pesticides and pay registration fees indefinitely;

(5) there will be a new regulation created by the proposal;

(6) there will be no expansion, limitation or repeal of existing regulations;

(7) there will be no increase or decrease to the number of individuals subject to the rules; and

(8) the proposal will not have a positive nor negative impact on the Texas economy, as there are no costs associated with the proposal or its enforcement.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Philip Wright has determined that for the first five-year period the proposal is in effect, there will be no fiscal implications for state or local government.

PUBLIC BENEFITS AND COSTS: Mr. Wright has determined that for each year of the first five years the proposed amendments are in effect, the public benefit will be increased consumer protection regarding potentially hazardous products as the regulation more effectively ensures pesticide registrants comply with registration requirements.

Mr. Wright has further determined that there are no anticipated economic costs. The proposed amendments establish a final registration fee for registrants, rather than continuation of a registration fee while pesticides remain in channels of trade.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES: Mr. Wright has determined that there is no adverse economic impact on small businesses, micro-businesses and rural communities as a result of the proposed amendments. Therefore, preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002 is not required.

COST INCREASE TO REGULATED PERSONS

The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT

The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

Written comments on the proposed rule amendments may be submitted to Mr. Philiip Wright, Administrator for Regulatory Affairs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to: Philip.Wright@TexasAgriculture.gov. Comments must be submitted no later than 30 days from the date of publication of the rule proposal in the Texas Register.

The amendments are proposed pursuant to Section 76.004 of the Texas Agriculture Code (Code), which allows the Department to adopt rules for carrying out provisions of Chapter 76 of the Code.

Chapters 12 and 76 of the Texas Agriculture Code are affected by the proposed rule amendment.

§7.10. Registration of Pesticides.

(a) - (f) (No change.)

(h) [(g)] Any written recommendations allowed by FIFRA 2(ee) must be approved by the department prior to being released into the channels of trade.

(i) [(h)] 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) [(i)] 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 1, 2025.

TRD-202504356

Susan Maldonado

General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: January 11, 2026

For further information, please call: (512) 463-6591