Regulations to sell or distribute state-limited-use or restricted-use pesticides

The Texas Pesticide Regulations require a person who distributes state-limited or restricted-use-pesticides or regulated herbicides to obtain a pesticide dealer's license from the department.  Records of sale or distribution of state-limited-use or restricted-use pesticides must be kept for two years.

 

• A pesticide dealer license is valid for two years and expires on the last day of the month corresponding to the second anniversary of the date on which the license was issued or renewed. The license fee reflects this two-year period.
   
• Pesticide distribution is defined as offering for sale, holding for sale, selling, bartering or supplying.
   
• A dealer must obtain a license for each Texas location used to distribute a pesticide.
   
• A person who does not have a place of business in the state may obtain one license for all out-of-state locations, but must designate a resident agent.
   
• A manufacturer or formulator that does not sell directly to the user or a licensed applicator that distributes the pesticide only as an integral part of the application business and dispenses the pesticide only through application equipment used in the business does not have to obtain a dealer license.
   
• Only licensed applicators can purchase a restricted-use or state-limited-use pesticide or a regulated herbicide.
   
• Licensed veterinarians don’t need a pesticide applicator license to purchase and use a restricted-use or state-limited-use pesticide or a regulated herbicide during the course of their normal practice or to use a state-limited-use pesticide or regulated herbicide on property they own or rent. Veterinarians must present their veterinary license number at the time of purchase, and dealers must maintain that information in their record of distribution.

Regulations for using state-limited-use or restricted-use pesticides or regulated herbicides

The Texas Pesticide Regulations requires a person who uses state-limited-use or restricted-use pesticides or regulated herbicides to be:

1. licensed as a commercial, noncommercial or private applicator and be certified in the appropriate license use categories;
2. an individual acting under the direct supervision of a licensed applicator certified in the appropriate use categories; or
3. a certified private applicator certified in the use categories as defined in the Pesticide Act, § 76.112(j).