TEEATTORNEYGENEFCAL 

OFTEXAS 

AUSTIN 11, TExas 

WVILL WILSON 

ATTORNEY GENERAL August 29, 1960 

Honorable Arthur W. Young, Chairman 

Texas Seed and Plant Board 

,Texas Technological College 

.Lubbock, Texas 

Opinion No. WW-925 

Re: Whether Article @'a, Vernon's 

Civil Statutes, authorizes the 

State Seed and Plant Board to 

prohibit the sale in Texas of 

certified OP registered seed 

from other states produced under minimum standards lower 

than those established by the 

Dear Mr. Young: Seed Board. 

In your letter requesting an opinion from this office, 

you ask whether the State Seed and Plant Board is authorized 

to prohibit the sale in Texas of certified or registered 

seed from other states produced under minimum standards lower 

than those established by the. Seed Board. 

Article 57, Vernon's Civil Statutes, as amended by House 

Bill 105, Acts of the 56th Legislature, Regular Session, ,1959, 

states In part: 

"The administration of the licensing provisions of Title 4, Chapter 2 of the Revised 

Civil Statutes and of Chapter 93, Acts of the 

Forty-first Legislature, First Called Session, 

1929 . shall be vested In a Board to be 

known ai Ehe State Seed and Plant Board . . 

All applicants for license as a registered'or 

certified seed grower shall furnish such information as the Board may require . . . The 

Board shall approve and issue licenses for registered and certified seed growers, promulgate 

rules and regulations governing . . . registered 

or certified seeds . . ." 
. 

Honorable Arthur W. Young, Page 2 (WW-925) 

Section 4(b), Article @a, Vernon's Civil Statutes, 

provides: 

"The Commissioner of Agriculture shall 

promulgate rules . . . under which cotton, 

alfalfa, corn and sorghum aeed for planting 

purposes may be shipped Into Texas, and providing that no cotton, alfalfa, corn or 

sorghum seed for planting purposes may be 

shipped into Texas for planting purposes unless said seed meet the requirements as set 

forth by the Commissioner of Agriculture. . . 

Said Commissioner, through his agents . . . 

may investigate the quality of the seed to 

be shipped into the State . . . and further 

providing that the Commissioner of Agrlculture shall have full authority to refuse permission to any applicant to ship cotton, alfalfa, corn or sorghum planting seed into 

Texas when the records and information of the 

agents of said Commissioner of Agriculture 

show the seed to be of Inferior quality, lacking 

prescribed varietal purity, from diseased flelile, 

or other reasons prescribed in the rules and 

regulations under the provisions of this Section." 

Section 4(f), Article 67a, Vernon's Civil Statutes 

states: 

"Providing that all planting seed shipped 

Into Texas and bearing the label denoting Registered or Certified. Seed shall have been produced under standards equal to the existing 

standards In Texas for such Class of seed. Such 

seed coming Into the State of Texas and being 

declared by the Commissioner of Agriculture not 

to have been produced under Registration and 

Certification standards equal to the Texas 

standards, shall not bear the labels or be represented as Registered or Certified Seed . . . 

Such seed may bear the Registration or Certlflcationtag issued In the State of origin provided such tags are plainly marked 'These Seed 

do not meet the requirements of Registration or 

Certiflcatlor in Texas'." 
. 

- 

Honorable Arthur W. Young, Page 3 (WW-925) 

It is the o inlon of this office that by the enactment of Section E (f), Article 67a, Ve,rnon's Civil Statutes, 

the Legislature did not give the State Seed and Plant Board 

the authority to prevent the movement into Texas of seed 

under a certified or registered seed label from any other 

state even though the minimum certification requirements 

are lower than those In Texas. However, the Legislature 

clearly stated that such seed cannot bear the tag or be represented as registered or oertified seed, and the tag must 

state that the seeds "do not meet the requirements of Registration or Certification in Texas.I' 

It Is the further opinion of this office that under 

Section 4 (b), Article 67a, Vernon's Civil Statutes, that the 

Commissioner of Agriculture may refuse to permit cotton, 

alfalfa, corn and sorghum seed for planting purposes to be 

shipped into Texas when the records and information of the 

Commissioner show the seed to be of inferior quality or have 

other defects as set out in Section 4(b), Article 67a, Vernon's 

Civil Statutes, above cited. 

This opinion is not to be construed as holding that an 

out-of-state producer must not meet the requirements of 

Article 93b, Vernon's Civil Statutes, which Is the Texas 

Seed Law, Attorney Cleneral's Opinion O-2554. 

SUMMARY 

Section 4(f), Article 67a, Vernon's Civil 

Statutes, does not authorize the State 

Seed and Plant Board to prevent the shipment into Texas of certified and reglstered seeds produced in other states even 

though the minimum requirements for certification In other states are lower than 

those In Texas. However, such seed cannot 

bear the tag or be represented as registered or certified seed, and the tag must state 

that the seeds 'do not meet the requirements 

of Registration or Certification in Texas." 

The Commissioner of Agriculture does have 

authority to refuse to permit cotton, alfalfa, corn or sorghum seed for planting 

purposes to be shipped into Texas when 
Honorable Arthur W. Young, Page 4,(WW-925) 

his records and Information show the seed 

to be of inferior quality or fok other 

reasons listed In Section 4(b), Article 

67a, Vernon's Civil Statutes. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Assistant 

MJs:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Oeppert, Chairman 

Ben M. Harrison 

Marietta Payne 

C. K. Richards 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.