Sec. 76.104.  AGENCY RULES FOR APPLICATION OF A PESTICIDE.  (a)  The head of each regulatory agency may, after notice and public hearing, adopt rules to carry out the provisions of this subchapter for which the agency is responsible.
(b)  Rules adopted under this section may:
(1)  prescribe methods to be used in the application of a restricted-use or state-limited-use pesticide or regulated herbicide;
(2)  relate to the time, place, manner, method, amount, or concentration of pesticide application or to the materials used in pesticide application;  and
(3)  restrict or prohibit use of a restricted-use or state-limited-use pesticide or regulated herbicide in designated areas during specific periods of time.
(c)  A regulatory agency may adopt a rule under this section only after consideration of precautions or restrictions necessary to prevent unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide.
(d)  The department shall adopt worker protection standards for pesticides if there is no federal worker protection standard.  The department may adopt other rules for the protection of the health, safety, and welfare of farm workers and pesticide handlers.
Acts 1981, 67th Leg., p. 1197, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.