Texas Attorney General Opinion: O-5248A Page: 3 of 8
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Dr. G. S. Fraps, paag 3
furnish upon request of the Conaissioner of Ag-
riculture, within five (5) days of receipt of such
request, a statement showing the offielal name of
the agricultural insecticide or fueaicide and the
naesa and addressed of e reasonable number, not
eoeeding ten persons, within the state of Texas,
to whom it has been sold.
"(d) Whenever it shall appear to the Con-
missioner of Agricultur6 that any firm, corporation,
or person is selling or offering for, sale any mis-
beanded or adulterated agricultural insecti-
oide or funicide for use In this state as an ag-
ri ultral insecticide or fungicide which has been
registered under the provisions of this Act, it
shall be the duty of the Attorney General, or any
District or County Attorney of this State, upon
request of the Commissioner of Agriculture, in ad-
dition to any other remedies, to institute a civil
asut in the Distriat Court of the' proper county
n 'the name and on be al of the State of Teas,
as plaintiff, and in the name of the firm eQorm
poration, or person to whea nhe registration cer-
tiae te was issued for such agricultural insecti-
cidte or funrgiode as defendat, -to forfeit and
Saoelt each reidratin,Iand service sheall be -ad
Sa in othbr civil oessi. Any a 1 all suits brought
by the state unter this seotien must be brought in
Travis County, or in the county of the dormicle or
residene of the manufacturer of the agricultural
inseeticide or fungicide, or in the county where
the agricultural inse t tide or fungicide was sold
or offered for sale or in the county where the ag-
rioltural inseticide or fungleide was to be
use* or istused as an agri ultural insecticide or
fngicide.
"If, upon the trial of such easeq, -t hall
be determined that said agricultu ti inseatlde
or funglside' is mlsbranded or adulterated within
the amenig of this Act, then the registration of
such agricultural insectioide or fungicide shall
be torfelted and canelled and the sale of such
misbranded or adulterated agricultural ineeti-
eite. and f uncide shaibe enjoined in aecordane
with the 3udginent of the Court.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5248A, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262515/m1/3/?q=+date%3A1941-1945: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.