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February 20, 1975

The Honorable Marvin F. Marshall County Attorney County ofHale Plainview. Texas
Dear Mr. Marshall: Opinion No. H- 536 Re: Whether cattle manure is

an “agricultural product in its natural state” within article 6701d-11, section 3a, V. T. C.S. Your opinion request concerns article 6701d-11. section 3a, V.T. C.S. This statute imposes restrictions on the manner inwhich loose material may be loaded and transported in atruck or other vehicle. Its purpose is toprohibit loose material from being loaded and transported in such a manner as would allow the material to blow or spill from the vehicle onto the highways because ofmovement or wind. Attorney General Opinion M-1025 (1971). Loose material is defined in section 3a(b) ofarticle 6701d-11:

As used in this section, ‘loose material’ means dirt, sand, gravel, wood chips, or other material that is capable ofblowing or spilling from a vehicle as a result ofmovement or exposure to air, wind currents, or weather, but shall not include agricultural, products in their naturai~ state. Since cattle manure is material that is capable ofblowing or spilling from a vehicle as a result of movement or exposure to air, wind currents or weather, you ask whether cattle manure would qualify as an agricultural product so as to be excepted from the restrictions imposed by article 6701d-11. No definition of “agricultural product ” is set out in article 6701d-11. Inmost jurisdictions the term is defined broadly, e.g. :

The common parlance ofthe country and the common practice ofthe country have~‘beeh tolcbnsider alli.those .things as’,farmihg ~p,roducts,oi~agricultural products

p. 2415The Honorable Marvin F. Marshall page 2 (H-536)

which have the situs oftheir production upon the farm, or which are brought into condition for the uses of society by the labor ofthose engaged in agricultural pursuits, in contradistinction from manufacturing or other pursuits. The product ofthe dairy and the product ofthe poultry yard, while it does not come directly out ofthe soil, is necessarily connected with the soil and those who are engaged in the culture ofthe soil. District of Columbia v. Oyster, 15D.C. 285, 286, 54Am.. Rep. 275 (1885). Likewise,The term ‘agriculture’ is broader in meaning

than ‘farming, ’ and while it includes the preparation of soil, the planting of seeds, the raising and harvesting of crops and all their incidents, it also includes dairying. In Re Rodgers, 134Neb. 832, 279 N.W. 800, (1938). See also Kimball v. Blanchard, 90N.H. 298, 7A. 2d 394, 396 (1939); State Ex Rel Wisconsin Allied Truck Owners’ Association v. Commission, 207 Wig. 664, 242 N.W. 668 (1932); Northern Cedar Co. v. French; 131 Wash. 394, 230P. 837, 846 (1924); Attorney General Opinion H-272 (1974).

In Texas the terms “agriculture” or “agricultural product” have usually been used in their broadest sense. For instance in article 5738, V.T. C.S., the Texas Legislature has defined the term “agricultural product” so as toinclude “horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm and ranch products. ” InAttorney General Opinion M-187 (1968), offal and similar waste from the slaughter ofanimals were deemed to be agricultural products.~ See also Brewer v. Central Greenhouse Corp., 352 S.W. 2d 101(Tex. Sup. 1962) and Gordon v. Buster, 257 S.W. 220 (1923).

p. 2416I

The Honorable Marvin F. Marshall, page 3 (H-536)

Livestock manure, though not from the soil, is produced incidentally to cattle raising and we believe our courts would probably construe it to bewithin the term “agricultural product” as broadly defined by the Legislature. Therefore, absent a clear declaration ofthe Legislature to the contrary, we do not feel authorized to rule that it cannot be,.loa-ded and transported in its natural state without bking subject to the restrictions imposed by article 6701d-11, section, 3a. SUMMARY Cattle manure would probably be held by our Courts to come within the term “agricultural product” under the broad definition given that term by the Texas Legislature and amdingly, absent a clear legislatiee declaration to the contrary, is within the meaning of article 6701d-11, section 3aand can be loaded and transported in its natural state without being subject to the restrictions imposed by that article. Very truly yours,

L. HILL orney General of Texas APPROVED:

DAVID $I. KENDALL, First Assistant

Opinion Committee

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