General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature Page: 30
iii-xxiii, 270, xxxix, 1943 p. ; 25 cm.View a full description of this legislative document.
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58TH LEGISLATURE-REGULAR SESSION
INSECTICIDE, FUNGICIDE AND RODENTICIDE
ACT OF TEXAS
CHAPTER 23 2o
H. B. No. 64
An Act regulating the distribution, sale, or transportation of insecticides, fungi-
cides, rodenticides, defoliants, desiccants, plant regulators, nematocides, and
other economic pesticides and devices; regulating traffic therein; providing
for labeling, registration, and examination of such materials; defining cer-
tain terms; imposing penalties, and for other purposes; providing other
provisions relating thereto; prescribing the powers and duties of the Com-
missioner of Agriculture including provision for his consultation with ap-
propriate officials of certain organizations; providing a severability clause;
repealing Chapter 98, Acts of the Forty-eighth Legislature, Regular Session,
1943, as amended, and all other conflicting laws to the extent of such con-
flict; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
Title
Section 1. This Act shall be known as the "Insecticide, Fungicide,
and Rodenticide Act of Texas."
Definitions
Sec. 2. For the purpose of this Act:
A. The term "economic pesticide" means (1) any substance or mix-
ture of substances intended for preventing, destroying, repelling, or miti-
gating any insects, rodents, nematodes, fungi, weeds, or other forms of
plant or animal life or viruses, except viruses on or in living man or other
animals, which the Commissioner shall declare to be a pest, and (2) any
substance or mixture of substances intended for use as a plant regulator,
defoliant or desiccant. The term does not include any "commercial fer-
tilizer" within the meaning of Chapter 37, Acts of the Fifty-seventh Legis-
lature, 1961, known as the Texas Commercial Fertilizer Control Act of
1961.
B. The term "device" means any instrument or contrivance intended
for trapping, destroying, repelling, or mitigating insects or rodents or de-
stroying, repelling, or mitigating fungi, weeds, nematodes, or such other
pests as may be designated by the Commissioner, but not including equip-
ment used for the application of economic pesticides when sold separately
therefrom.
C. The term "ingredient statement" means either:
(1) A statement of the name and percentage of each active ingredient,
together with the total percentage of the inert ingredients, in the economic
pesticide, and in the case of a liquid economic pesticide, in a one-gallon
container or more, an additional statement of the pounds per gallon of
each active ingredient; or
(2) A statement of the name of each active ingredient, together with
the name of each and total percentage of the inert ingredients, if any there
be, in the economic pesticide (except Option 1 shall apply if the prepara-
tion is highly toxic to man, determined as provided in Section 5 of this
Act); and, in addition to (1) or (2) in case the economic pesticide contains
20. Vernon's Ann.Civ.St. art. 135b--5.Ch. 23
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature, legislative document, 1963; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221759/m1/366/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.