PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7. PESTICIDES
SUBCHAPTER D. USE AND APPLICATION
The Texas Department of Agriculture (Department) adopts on an emergency basis an amendment to Title 4, Part 1, Chapter 7, Subchapter D, Rule §7.30, relating to "Classification of Pesticides." The amendment adds regulations regarding "State-limited-use Pesticides Defined by Active Ingredient and Use," including use and distribution of such products. The Department is adopting the emergency amendments to address the risk of inadvertent human consumption of warfarin-poisoned hogs and the risk of potential secondary poisoning of non-target animals.
Amended §7.30 classifies the active ingredient warfarin, when used as a feral hog toxicant, as a state-limited-use pesticide. The amended rule also restricts the purchase, use and distribution of this state-limited-use pesticide to individuals licensed as a pesticide applicator under Chapter 76 of the Agriculture Code, Chapter 1951 of the Occupations Code, or persons working under the direct supervision of licensed individuals who meet those criteria.
The agricultural community is negatively affected by the agricultural and environmental damage caused by feral hogs. Feral hogs feed on agricultural crops and seeds, including vegetation intended for livestock or wildlife and often damage fences while trying to access food. Feral hogs can cause damage to land by rooting, wallowing, and trampling activities. Hogs can also transmit diseases and parasites to other animals or humans. Predation of livestock and wildlife can also be a serious problem.
In hogs, signs of poisoning are not usually apparent until 1 to 3 days after ingestion. Since hunting and consuming feral hogs is common in Texas, the Department is concerned about the potential for humans to inadvertently consume warfarin-poisoned hogs before the hog shows signs of poisoning. Individuals with certain illnesses and allergies who consume affected animals may be more susceptible to warfarin's effects.
The Department is contemporaneously proposing this emergency amended rule on a permanent basis in a separate submission to the Texas Register.
The amended rule is adopted on an emergency basis pursuant to Chapter 76 of the Texas Agriculture Code, which provides the Department with the authority to adopt rules related to provisions necessary for compliance with pesticide and herbicide regulations and the Texas Government Code, §2001.034, which provides for the adoption of administrative rules on an emergency basis without notice and comment.
The code affected by the emergency adoption is the Texas Agriculture Code, Chapter 76.
§7.30.Classification of Pesticides.
(a) - (c) (No change.)
(d) State-Limited-Use Pesticides Defined by Active Ingredient and Use.
(1) Due to the potential for adverse effects to humans and non-target animals, a pesticide product containing the active ingredient warfarin is classified as a state-limited-use pesticide and subject to the restrictions listed in paragraph (2) of this subsection, as well as all other provisions of law generally applicable to state-limited-use pesticides, when, and only when, used as a feral hog (Sus scrofa) toxicant.
(2) The following are restrictions on use and distribution of State-Limited-Use pesticides:
(A) A person may not purchase a pesticide classified as a state-limited-use pesticide under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Agriculture Code or Chapter 1951 of the Occupations Code or working under the direct supervision of a person so licensed.
(B) A person may not use a pesticide classified as a state-limited-use under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Agriculture Code or Chapter 1951 of the Occupations Code or working under the direct supervision of a person so licensed.
(C) A person may not distribute a pesticide classified as state-limited-use under this subsection to a person not authorized by this section to purchase state-limited-use pesticide.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 6, 2017.
TRD-201700506
Jessica Escobar
Assistant General Counsel
Texas Department of Agriculture
Effective date: February 6, 2017
Expiration date: June 5, 2017
For further information, please call: (512) 463-4075