PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7. PESTICIDES
SUBCHAPTER D. USE AND APPLICATION
The Texas Department of Agriculture (Department) adopts amendments to Texas Administrative Code, Title 4, Part 1, Chapter 7, Subchapter D, §7.30 relating to "Classification of Pesticides." The amendments are adopted without changes to the proposed text, as published in the December 1, 2023, issue of the Texas Register (48 TexReg 6983), and will not be republished.
The adopted amendments add new subsection (d) to classify pesticide products containing the active ingredient warfarin as a "state-limited-use" pesticide when used as a feral hog toxicant and to establish related licensure requirements. As a result of classification as a state limited use pesticide, the adopted amendments also ensure proper sales, use, and compliance by trained individuals and address the risk of potential misapplication or distribution resulting in possible secondary exposure to humans or non-target animals.
PUBLIC COMMENT
Pursuant to Sections 76.003(a) and 76.104 of the Texas Agriculture Code (Code), the Department conducted a public hearing to receive public comment on the proposed amendments. Notice of the hearing was provided in the December 8, 2023, issue of the Texas Register (48 TexReg 7185). At the hearing, the Department received a comment from a commenter, on behalf of the Texas Farm Bureau, expressing support for the proposed amendments. No other comments were received at the public hearing.
The Department also received no written comments regarding the proposed amendments in response to publication in the Texas Register.
The amendments are adopted pursuant to Code, Section 76.003, which allows the Department to adopt a list of state-limited-use pesticides and to regulate their terms and conditions of use; Section 76.004, which allows the Department to adopt rules for carrying out the provisions of Chapter 76, to include rules providing for the distribution of pesticides; and Section 76.104, which allows the Department to adopt rules related to the use and application of pesticides to include rules related to restricted-use and state-limited-use pesticides and regulated herbicides. The code affected by the adopted amendments is Texas Agriculture Code, Chapter 76.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 11, 2024.
TRD-202400100
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: January 31, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 463-6591