TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 7. PESTICIDES

SUBCHAPTER D. USE AND APPLICATION

4 TAC §7.41

The Texas Department of Agriculture (the Department) proposes new Title 4, Part 1, Chapter 7, Subchapter D, §7.41 of the Texas Administrative Code, concerning the Application of Coumaphos (Active Ingredient 42%). The new rule is proposed to ensure that users apply the product as required in accordance with the label which is approved by the U.S. Environmental Protection Agency.

Pursuant to §76.104 of the Texas Agriculture Code, the Department will hold a public hearing to take comments on the proposed rule. Notice will be posted on the Texas Secretary of State' website in accordance with the Texas Public Information Act.

Philip Wright, Administrator for Agriculture and Consumer Protection, has determined for the first five year period the proposed new rule is in effect, there will be no anticipated fiscal impact on state or local government as a result of the proposal.

Mr. Wright has also determined that for each year of the first five years the proposed new rule is in effect, the public will benefit by increased visibility of label requirements, ensuring awareness of application restrictions and a decrease in the potential for misuse or misapplication. There will be no adverse fiscal impact on individuals, small or micro businesses as a result of the proposed rule change because pesticide applicators in Texas must comply with label requirements at all times. There will be no anticipated impact on rural communities.

Mr. Wright has provided the following information related to the government growth impact statement, as required pursuant to Texas Government Code, §2001.021. As a result of implementing the proposal, for the first five years the proposed rule is in effect:

(1) no new or current government or Department programs will be created or eliminated;

(2) no employee positions will be created, nor will any existing Department staff positions be eliminated; and

(3) there will not be an increase or decrease in future legislative appropriations to the Department.

Additionally, Mr. Wright has determined that for the first five years the proposed rule is in effect:

(1) there will be no increase or decrease in fees paid to the Department;

(2) there will be no new regulations created by the proposal, as pesticide applicators are currently required to comply with label requirements, and the rule does not add new restrictions;

(3) there will be no expansion, limitation or repeal of existing regulations;

(4) there will be no increase or decrease to the number of individuals subject to the proposal, as all pesticide applicators currently subject to the rule must make applications in accordance with product label requirements; no additional restrictions have been added with the proposed rule; and

(5) the proposal is not anticipated to have an adverse effect on the Texas economy.

Comments on the proposed new rule may be submitted to Philip Wright, Administrator for Agriculture and Consumer Protection, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711 or by email to RuleComments@TexasAgriculture.gov. Comments must be received by TDA no later than November 30, 2018.

The new rule is proposed under §76.104 of the Texas Agriculture Code, which provides the Department with the authority to adopt rules and prescribe methods to be used in the application of a restricted-use or state-limited-use pesticide.

The code affected by the proposed action is the Texas Agriculture Code, Chapter 76.

§7.41.Application of Coumaphos (Active Ingredient 42%).

Products containing coumaphos, with an active ingredient of 42% by weight, which is approved for use on beef or non-lactating dairy cattle or horses, to control horn flies, lice, ticks and screwworms, must be applied in a ventilated area.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 10, 2018.

TRD-201803956

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 21, 2018

For further information, please call: (512) 463-4075