(a) A written or printed order may be issued to any person in possession of a pesticide that has been determined to be in violation of the Act or these regulations.
(b) Upon receipt of an order under this section, a person may not use or distribute a pesticide for which the order was issued without approval of the department.
(c) Reasons for which a Stop Distribution, Stop Use or Removal Order may be issued include, but are not limited to, the following:
  (1) a pesticide not currently registered with EPA and/or the department;
  (2) a pesticide that does not bear a legible label;
  (3) a pesticide that bears an adulterated or incomplete label;
  (4) a pesticide in a broken, leaking or otherwise unsafe container;
  (5) a pesticide that has been classified as a restricted-use or state-limited-use pesticide or a regulated herbicide that is being distributed without a current pesticide dealer license;
  (6) a pesticide that has been classified as a restricted-use or state-limited-use pesticide or a regulated herbicide that is being used by a person that is not an appropriately licensed or certified applicator or working under the direct supervision of an appropriately licensed applicator;
  (7) a pesticide whose use has been prohibited or cancelled; or
  (8) a pesticide found to be in violation with any provision of the Act or these regulations.
(d) The custodian or owner of the pesticide shall maintain documentation on the disposition of a pesticide to which an order has been issued under this section.
(e) The department may require the person that has the responsibility for bringing the pesticide in compliance with the Act and these regulations to take any corrective action necessary to resolve the area of noncompliance.

Source Note: The provisions of this §7.61 adopted to be effective December 4, 1997, 22 TexReg 11652.