Sec. 76.071. LICENSE REQUIRED. (a) A person may not distribute in this state a restricted-use or state-limited-use pesticide or regulated herbicide without a valid current pesticide dealer license issued by the department.
(b) Except as otherwise provided by this section, a pesticide dealer must obtain a license for each location in the state that is used for distribution. If the person does not have a place of business in this state, the person may obtain one license for all out-of-state locations, but shall file as a condition to licensing a designation of an agent for service of process as provided by Section 76.042(d) of this code.
(c) A person must apply for a pesticide dealer license on forms prescribed by the department.
(d) A pesticide dealer may not distribute a restricted-use or state-limited-use pesticide or a regulated herbicide except to:
(1) a person licensed as a commercial applicator, noncommercial applicator, or private applicator;
(2) an individual working under the direct supervision of a licensed applicator;
(3) a certified private applicator;
(4) a licensed pesticide dealer; or
(5) a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners.
Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
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