STATE-LIMITED-USE PESTICIDES

(a) After notice and public hearing, the department may adopt lists of state-limited-use pesticides for the entire state or for a designated area within the state. (b) A pesticide may be included on a list of state-limited-use pesticides if the department determines that, when used as directed or in accordance with widespread and commonly recognized practice, the pesticide requires additional restrictions to prevent unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of use of the pesticide. However, the department shall not place a pesticide on the state-limited-use list solely on the basis of actual damage or risk of damage to water quality without first obtaining approval from the commission based on the impact of the pesticide's use on water quality. (c) The department shall formally request an opinion regarding impact on water quality from the commission during department consideration of any amendments to the current list of state-limited-use pesticides. (d) At the direction of the commission in conjunction with its responsibilities pursuant to Chapter 26, Water Code, the department shall consider any formal request to add any pesticide to the state-limited-use list under Subsection (b), and the department shall issue regulations regarding the time, place, and conditions of such pesticide's use. (e) The department may regulate the time and conditions of use of a state-limited-use pesticide and may require that it be purchased or used only: (1) with permission of the department; (2) under direct supervision of the department in certain areas under certain conditions; or (3) in specified quantities and concentrations. (f) The department may require a person authorized to distribute or use a state-limited-use pesticide to maintain records of the person's distribution or use and may require that the records be kept separate from other business records.