The Texas Pesticide Law helps ensure that pesticide use and distribution in Texas are both safe and efficient. You will need a Texas Department of Agriculture license to distribute restricted-use or state-limited-use pesticides or regulated herbicides in Texas. Pesticide distribution is defined as offering for sale, holding for sale, selling, bartering or supplying.

TDA conducts regular inspections of pesticide dealer establishments to check for compliance with law and regulation requirements. Both the U.S. Environmental Protection Agency and the Texas Legislature require TDA to perform a certain number of inspections each year. Most inspections are unannounced. TDA inspectors will identify themselves, present a Notice of Inspection and explain the reason for the inspection.

Inspectors check to see that products offered for sale or distribution are registered with TDA and are stored and displayed properly. Containers must have legible labels and not be leaking, and bags cannot be broken. Pesticides must be stored or displayed in a closed building or fenced area. Inspectors also determine if any custom mixing or blending is performed at that site.

Products that are not properly registered or stored may be placed under a stop use, stop distribution or removal order (SUSDRO).

Reasons to Issue a Stop Use, Stop Distribution or Removal Order

• A pesticide is not currently registered with EPA and/or TDA.
• A pesticide does not bear a legible label.
• A pesticide has an adulterated or incomplete label.
• A pesticide is in a broken, leaking or otherwise unsafe container.
• A pesticide classified as a restricted-use or state-limited-use pesticide or a regulated herbicide is being distributed without a current pesticide dealer license.
• A pesticide classified as a restricted-use or state-limited-use pesticide or a regulated herbicide is being used by a person that is not an appropriately licensed or certified applicator or working under the direct supervision of an appropriately licensed applicator.
• A pesticide’s use has been prohibited or cancelled.

Dealer’s Responsibility

• After a SUSDRO is issued, it is the distributor’s responsibility to:
•  Immediately remove the SUSDRO item(s) from distribution area; 
•  Hold the lot for exchange with the supplier; 
•  Properly dispose of product(s) (open container, leaking, etc.); and/or 
•  Provide proof of disposal by means of a receipt from a hazardous waste disposal facility or a signed statement that the dealer applied the pesticide or an application record indicating that the product was applied by a properly licensed applicator.
  
  Hazardous Waste Disposal

Dealers should first attempt to return unregistered products to the manufacturer. However, if the manufacturer has gone out of business and the dealer cannot properly apply the product, the Texas Commission on Environmental Quality (TCEQ) Hazardous Waste division may offer ideas for disposal. You may reach them at (512) 239-4749.

Applicator’s Responsibility
SUSDROs may be issued if an applicator has restricted-use or state-limited-use pesticides or regulated herbicides without being properly licensed or certified. A SUSDRO may also be issued if an applicator has pesticides on hand that are not labeled for crops or sites under his or her control. 

Follow-up
The TDA inspector can discuss the procedures for releasing a SUSDRO product.

For example, if the product is not registered with TDA, the manufacturer will be sent a letter informing them of registration requirements and the fact a SUSDRO was issued on the product. When the product is registered, the manufacturer and distributor will receive letters releasing the product for sale or distribution.

If a dealer is not licensed, any restricted-use or state-limited-use pesticides or regulated herbicides will be tagged with a SUSDRO. When the dealer licenses, the products will be released.

Pesticide Classifications
General-use – can be purchased and used by the general public. Does not require a license to distribute or use. 

Restricted-use – for purchase and use only by certified pesticide applicators or persons under their direct supervision. Designation is placed on the product by EPA. The label will state "restricted-use."

State-limited-use Pesticides or Regulated Herbicides – can affect nontargeted vegetation even when used according to direction. Classified as SLU when distributed in containers larger than one quart liquid or 2 pounds dry or solid. 

State-limited-use

• 2,4-dichlorophenoxyacetic acid (2,4-D)
• 2,4-dichlorophenoxy butyric acid (2,4-DB)
• 2,4-dichlorophenoxy propionic acid (2,4-DP)
• 2-methyl-4-chlorophenoxyacetic acid (MCPA)
• 3,6-dichloro-o-anisic acid (dicamba)
• 3,4-dichloropropionanilide (propanil)
• 5-bromo-3-sec-butyl-6-methyluracil (bromacil)
• 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon)
• 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac)
• devices using the active ingredients sodium fluoroacetate (Compound 1080) and sodium cyanide, in any quantity, for livestock predation

Regulated Herbicides

• 2,4-dichlorophenoxyacetic acid (2,4-D)
• 2-methyl-4-chlorophenoxyacetic acid (MCPA)
• 3,6-dichloro-o-anisic acid (dicamba)
• 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac)

Other important numbers

Texas State Poison Center 1-800-764-7661 (1-800-POISON1)

National Pesticide Information Center
 1-800-858-7378

To report spills, call the Texas Commission on Environmental Quality at 1-800-832-8224 or (512) 239-2507