Tex. Agriculture Code § 76.046
This is the official text of Tex. Agriculture Code § 76.046, part of Texas’s Agriculture Code — regulates farming, livestock, and agricultural commerce.
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§ 76.046. DENIAL OR CANCELLATION OF REGISTRATION.
Official statutory text
(a) If the department has reason to believe that any use of a registered pesticide is in violation of a provision of this chapter or is dangerous or harmful, the department shall determine whether a hearing shall be held under Section 12.032 on denial or cancellation of registration.
(b) The department shall issue written notice of a hearing under this section to the registrant of the pesticide. The notice must contain a statement of the time and place of the hearing. The hearing shall be held after the 10th day following the day on which the notice is issued.
(c) After opportunity at the hearing for presentation of evidence by interested parties, the department may deny or cancel the registration of the pesticide if the department finds that:
(1) use of the pesticide has demonstrated uncontrollable adverse environmental effects;
(2) use of the pesticide is a detriment to the environment that outweighs the benefits derived from its use;
(3) even if properly used, the pesticide is detrimental to vegetation, except weeds, to domestic animals, or to public health and safety;
(4) a false or misleading statement about the pesticide has been made or implied by the registrant or the registrant's agent, in writing, verbally, or through any form of advertising literature; or
(5) the registrant has not complied or the pesticide does not comply with a requirement of this chapter or a rule adopted under this chapter.
(b) The department shall issue written notice of a hearing under this section to the registrant of the pesticide. The notice must contain a statement of the time and place of the hearing. The hearing shall be held after the 10th day following the day on which the notice is issued.
(c) After opportunity at the hearing for presentation of evidence by interested parties, the department may deny or cancel the registration of the pesticide if the department finds that:
(1) use of the pesticide has demonstrated uncontrollable adverse environmental effects;
(2) use of the pesticide is a detriment to the environment that outweighs the benefits derived from its use;
(3) even if properly used, the pesticide is detrimental to vegetation, except weeds, to domestic animals, or to public health and safety;
(4) a false or misleading statement about the pesticide has been made or implied by the registrant or the registrant's agent, in writing, verbally, or through any form of advertising literature; or
(5) the registrant has not complied or the pesticide does not comply with a requirement of this chapter or a rule adopted under this chapter.
Status: in_force · Read it on the official government site
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