SECTION 7.11. Label Requirements

Each pesticide distributed in this state shall bear a label containing the following information related to the pesticide:

(1) the label information required by FIFRA, if the pesticide is subject to registration under that law; or

(2) the following information, if the pesticide is not subject to registration under FIFRA:

(A) the accepted common name and/or chemical name of all active ingredients;

(B) the percentage by weight of each active ingredient and the percentage by weight of all inert ingredients;

(C) the name for each ingredient using the accepted common name, if there is one, followed by the chemical name; and

(D) a statement of percentages except that a sliding scale method of expressing percentages shall not be used (example: active ingredient name--6.0% to 8.0%);

(3) the directions for use including, but not limited to the following:

(A) that it is a violation of federal and state law to use this product in a manner inconsistent with its labeling;

(B) to keep out of reach of children;

(C) application rates of product to be applied;

(D) proper mixing procedures;

(E) application methods;

(F) application limitations;

(G) restricted entry and preharvest intervals; and

(H) clean-up, storage, and disposal instructions;

(4) the net weight or measure of contents, exclusive of wrappers, or other materials:

(A) the net weight or measure of contents shall be the average contents unless explicitly stated as a minimum quantity;

(B) if the pesticide is a liquid, the net content statement shall be in terms of liquid measure at 68 degrees Fahrenheit (20 degrees Celsius) and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons;

(C) if the pesticide is a solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces;

(D) in all cases, net content shall be stated in terms of the largest suitable units (for example: "one pound, 10 ounces," not "26 ounces");

(E) in addition to the required units, specific net content may be expressed in metric units; and

(F) variation above or below minimum content or around an average is permissible only to the extent that it represents deviation unavoidable in good and workman like manufacturing practice; and

(5) numbers or other symbols to identify the manufacturer's lot and batch. These shall be stamped on the pesticide container any place where they can be readily seen; provided, however, it shall be unlawful to have more than one lot or batch number in a single package.

Source Note: The provisions of this §7.11 adopted to be effective December 4, 1997, 22 TexReg 11652.