Texas Agriculture Code

§ 76.153 — STOP USE, STOP DISTRIBUTION, OR REMOVAL ORDER

AG § 76.153Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 76. PESTICIDE AND HERBICIDE REGULATION · Art. H. ENFORCEMENT

Statute text

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(a)If the department has reason to believe that a pesticide is in violation of any provision of this chapter, the department may issue and enforce a written or printed order to stop the use or distribution of the pesticide or requiring the pesticide to be removed and secured from further distribution. The department shall present the order to the owner or custodian of the pesticide. The person who receives the order may not sell, distribute, or use the pesticide until the department determines that the pesticide:

(1)is in compliance with this chapter; or

(2)does not present a hazard to the public health, safety, or welfare.

(b)This section does not limit the right of the department to proceed as authorized by another section of this chapter.

Legislative history

Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.