reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.015. Seizure of Seed Not in Compliance

Sec. 61.015.  SEIZURE OF SEED NOT IN COMPLIANCE.  (a)  The department may sue in a court of competent jurisdiction in the area in which the seed is located for the seizure of any lot of agricultural or vegetable seed that is not in compliance with this chapter.
(b)  If the court finds that the seed is not in compliance with this chapter, the court may condemn the seed.  Condemned seed shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in accordance with the law of this state.
(c)  The court may not condemn the seed unless the owner or custodian of the seed is given the opportunity to apply to the court for the release of the seed or for permission to condition or relabel the seed to bring it into compliance with this chapter.
Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.016. Exceptions

Sec. 61.016.  EXCEPTIONS.  (a)  Sections 61.001, 61.003-61.005, and 61.008 of this code do not apply to:
(1)  seed or grain not intended for sowing purposes;
(2)  seed in storage for cleaning or conditioning, if the label or other records pertaining to the seed bear the phrase "seed for conditioning";  or
(3)  seed being transported or consigned to a seed cleaning or conditioning establishment for cleaning or conditioning, if the invoice or labeling accompanying the seed bears the phrase "seed for conditioning."
(b)  The exceptions provided by Subsection (a) of this section do not affect the criminal liability of a person for false or misleading labeling or advertising of unclean seed under Section 61.018 of this code.
(c)  This chapter does not prevent one farmer from selling to another farmer seed grown on his or her own farm without having the seed tested or labeled as required by this chapter if the seed:
(1)  is not advertised in the public communications media outside the vendor's home county;
(2)  is not sold or offered or exposed for sale by an individual or organization for the farmer;  and
(3)  is not shipped by a common carrier.
Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.017. Prosecutions

Sec. 61.017.  PROSECUTIONS.  (a)  If the department has reason to believe that a person has violated any provision of this chapter, the department shall conduct a private hearing on the alleged violation, giving the accused the opportunity to appear and, either in person or by agent or attorney, present evidence.  After the hearing, or without a hearing if the accused or the agent or attorney of the accused fails or refuses to appear, the department may file with the appropriate district or county attorney the evidence of the violation or take other steps necessary to institute the prosecution of the violation.  Venue for the prosecution is in the area in which the violation occurred.
(b)  The county or district attorney or the attorney general, as applicable, shall institute proceedings at once against the person charged with the violation, if in his or her judgment the information submitted warrants the action.
(c)  After judgment by a court in any case arising under this chapter, the department may publish any information pertinent to the issuance of the judgment in any media that it considers appropriate.
Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.018. Penalties

Sec. 61.018.  PENALTIES.  (a)  A person commits an offense if the person sells or offers, exposes, or transports for sale agricultural or vegetable seed within this state that:
(1)  has not been tested for germination in accordance with Section 61.009 of this code;
(2)  is not labeled in accordance with Section 61.004, 61.005, or 61.006 of this code, as applicable;
(3)  has false or misleading labeling;
(4)  is represented by a false or misleading advertisement;
(5)  contains noxious weed seeds in excess of the limitations per pound, allowing for tolerances, prescribed under Section 61.008 of this code;
(6)  has labeling or advertising subject to this chapter that represents the seed to be certified in violation of Section 61.007 of this code;  or
(7)  is labeled by variety name in violation of Section 61.007(b) of this code.
(b)  A person commits an offense if the person:
(1)  detaches, alters, defaces, or destroys any label provided for in this chapter or the rules adopted under this chapter;
(2)  alters or substitutes seed in a manner that may defeat the purposes of this chapter;
(3)  disseminates a false or misleading advertisement concerning agricultural or vegetable seed;
(4)  fails to comply with a stop-sale order issued under Section 61.014 of this code;
(5)  hinders or obstructs an authorized person in the performance of duties under this chapter;
(6)  uses the word "type" in violation of Section 61.004(b) of this code;  or
(7)  violates any other provision of this chapter.
(c)  An offense under this section is a Class C misdemeanor.
(d)  If a person is prosecuted under this section for selling or offering or exposing for sale in this state agricultural or vegetable seed that is incorrectly labeled or represented as to kind, variety, type, treatment, or origin and that cannot be identified by examination, it is a defense to prosecution that the defendant obtained an invoice or grower's declaration giving kind, kind and variety, or kind and type, treatment, and origin, if required.
Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 39, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.019. Local Regulation of Seed Prohibited

Sec. 61.019.  LOCAL REGULATION OF SEED PROHIBITED.  (a)  Notwithstanding any other law and except as provided by Subsection (c), a political subdivision may not adopt an order, ordinance, or other measure that regulates agricultural seed, vegetable seed, weed seed, or any other seed in any manner, including planting seed or cultivating plants grown from seed.
(b)  An order, ordinance, or other measure adopted by a political subdivision that violates Subsection (a) is void.
(c)  A political subdivision may take any action otherwise prohibited by this section to:
(1)  comply with any federal or state requirements;
(2)  avoid a federal or state penalty or fine;
(3)  attain or maintain compliance with federal or state environmental standards, including state water quality standards; or
(4)  implement a:
(A)  water conservation plan;
(B)  drought contingency plan; or
(C)  voluntary program as part of a conservation water management strategy included in the applicable regional water plan or state water plan.
(d)  Nothing in this section preempts or otherwise limits the authority of any county or municipality to adopt and enforce zoning regulations, fire codes, building codes, storm water regulations, nuisance regulations as authorized by Section 342.004, Health and Safety Code, or waste disposal restrictions.
Added by Acts 2017, 85th Leg., R.S., Ch. 736 (S.B. 1172), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.001. Definitions

Sec. 62.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the State Seed and Plant Board.
(2)  The term "certified seed" or "certified plant" means a seed or plant that has been determined by a seed or plant certifying agency to meet agency rules and standards as to genetic purity and identity.
(3)  "Plant" includes plant parts.
Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.002. State Seed and Plant Board

Sec. 62.002.  STATE SEED AND PLANT BOARD.
(a)  The State Seed and Plant Board is an agency of the state.  The board is composed of:
(1)  one individual, appointed by the president of Texas A&M University, from the Soils and Crop Sciences Department, Texas Agricultural Experiment Station, Texas A&M University;
(2)  one individual, appointed by the president of Texas Tech University, from the Department of Plant and Soil Sciences, Texas Tech University;
(3)  one individual, appointed by the commissioner, licensed as a Texas Foundation, Registered, or Certified seed or plant producer who is not employed by a public institution;
(4)  one individual, appointed by the commissioner, who sells Texas Foundation, Registered, or Certified seed or plants; and
(5)  one individual, appointed by the commissioner, actively engaged in farming but not a producer or seller of Texas Foundation, Registered, or Certified seed or plants.
(b)  An individual appointed from a state university serves on the board as an ex officio member.  A member serves for a term of two years and until a successor has qualified.  Members serve without compensation but are entitled to reimbursement by the state for actual expenses incurred in the performance of their duties.
(c)  A member whose employment is terminated with the agency or department from which the member was appointed or who ceases to be engaged in the business or professional activity that the member was appointed to represent vacates membership on the board.
(d)  The commissioner shall designate a member of the board as the chairman to serve in that capacity at the pleasure of the commissioner.  The board annually shall elect a vice-chairman and secretary.  The board shall meet at times and places determined by the chairman.
(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 185, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 729, Sec. 14, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 311, Sec. 1, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 1.17, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.04, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 17, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0021. Meetings by Telephone Conference Call

Sec. 62.0021.  MEETINGS BY TELEPHONE CONFERENCE CALL.  (a)  Notwithstanding Chapter 551, Government Code, the board may hold an open or closed meeting by telephone conference call if immediate action is required and the convening at one location of a quorum of the board is inconvenient for any member of the board.
(b)  The meeting is subject to the notice requirements applicable to other meetings.
(c)  The notice of the meeting must specify as the location of the meeting the location where meetings of the board are usually held.
(d)  Each part of the meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape-recorded.  The tape recording shall be made available to the public.
Added by Acts 1993, 73rd Leg., ch. 74, Sec. 1, eff. May 5, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(78), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0022. Board Conflict of Interest

Sec. 62.0022.  BOARD CONFLICT OF INTEREST.  (a)  An officer, employee, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board.
(b)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board.
(c)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(d)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0023. Removal of Board Member

Sec. 62.0023.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board if a member:
(1)  does not have at the time of appointment the qualifications required by Section 62.002;
(2)  does not maintain during service on the board the qualifications required by Section 62.002;
(3)  violates a prohibition established by Section 62.0022;
(4)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 4.09(1), eff. September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.09(1), eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0024. Standards of Conduct

Sec. 62.0024.  STANDARDS OF CONDUCT.  The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0025. Board Meetings; Administrative Procedure

Sec. 62.0025.  BOARD MEETINGS;  ADMINISTRATIVE PROCEDURE.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
(b)  The board is subject to Chapter 551, Government Code, and Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0026. Separation of Responsibilities

Sec. 62.0026.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the department.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0027. Board Member Training

Sec. 62.0027.  BOARD MEMBER TRAINING.  (a)  Before a member of the board may assume the member's duties, the member must complete at least one course of the training program established under this section.
(b)  A training program established under this section shall provide information to the member regarding:
(1)  Chapter 64, this chapter, and the enabling legislation that created the board;
(2)  the programs operated by the board;
(3)  the role and functions of the board;
(4)  the rules of the board with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the requirements of:
(A)  Chapter 551, Government Code;
(B)  Chapter 552, Government Code;  and
(C)  Chapter 2001, Government Code;
(6)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(7)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.05, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.003. Classes of Certified Seed

Sec. 62.003.  CLASSES OF CERTIFIED SEED.  (a)  The four classes of certified seed and plants are Breeder, Foundation, Registered, and Certified.
(b)  A Breeder seed or Breeder plant is directly controlled by the originating or sponsoring person or the person's designee and is the primary source for the production of seed and plants of the other classes.
(c)  A Foundation seed or Foundation plant is the progeny of Breeder or Foundation seed or plants and is produced and handled under the procedures established, in accordance with federal requirements, by a seed or plant certifying agency for the Foundation class of seed or plants for the purpose of maintaining genetic purity and identity.
(d)  A Registered seed or Registered plant is the progeny of Breeder or Foundation seed or plants and is produced and handled under procedures established, in accordance with federal requirements, by a seed or plant certifying agency for the Registered class of seed or plants for the purpose of maintaining genetic purity and identity.
(e)  A Certified seed or Certified plant is the progeny of Breeder, Foundation, or Registered seed or plants, except as otherwise provided by federal law, and is produced and handled under procedures established, in accordance with federal requirements, by a seed or plant certifying agency for the Certified class of seed or plants for the purpose of maintaining genetic purity and identity.
Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.004. Eligibility for and Standards of Certification

Sec. 62.004.  ELIGIBILITY FOR AND STANDARDS OF CERTIFICATION.  (a)  The board may establish, not inconsistent with federal law, the eligibility of various kinds and varieties of seed and plants for genetic purity and identity certification and the procedures for that certification.
(b)  The board may establish standards of genetic purity and identity, not inconsistent with federal law, for classes of certified seed and plants for which the board determines that standards are desirable.  In establishing the standards, the board may consider all factors affecting the quality of seed and plants.
(c)  The board shall report to the department the kinds and varieties of seed and plants eligible for certification and the standards adopted for certification eligibility.
Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.005. Licensing of Producers of Foundation, Registered, or Certified Seed

Sec. 62.005.  LICENSING OF PRODUCERS OF FOUNDATION, REGISTERED, OR CERTIFIED SEED.
(a)  A person who wants to produce a certified class of seed or plant for which the board has established standards of genetic purity and identity may apply to the board for licensing as a Foundation, Registered, or Certified producer of seed or plants.  To be licensed as a producer, a person must satisfy the board that:
(1)   his or her facilities meet board requirements for producing and maintaining seed or plants for the certification generations desired; and
(2)  he or she has met any other board requirements as to knowledge of the production or maintenance of seed or plants for the certification generations for which he or she applies to be licensed.
(b)  The board may adopt rules governing the production and handling by licensed producers of certified classes of seed and plants to ensure the maintenance of genetic purity and identity.
(c)  A license to produce Foundation, Registered, or Certified seed or plants is not transferable and is permanent unless revoked as provided in this chapter.  A person licensed as a producer of Foundation, Registered, or Certified seed or plants is eligible to produce certified seed or plants, as provided in the license, of the class for which he or she is licensed or of any lower class of certified seed or plants, as determined by the board.
(d)  An application for licensing as a Foundation, Registered, or Certified producer of seed or plants must be accompanied by a fee, as provided by department rule.
Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 40, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.23, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 18, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.006. Registration of Plant Breeders

Sec. 62.006.  REGISTRATION OF PLANT BREEDERS.  (a)  A person engaging in the development, maintenance, or production of seed or plants for which standards of genetic purity and identity have been established by the board may apply to the board for registration as a plant breeder.  The applicant shall apply on forms prescribed by the board and shall include with the application a registration fee, as determined by the board.  To be registered as a plant breeder, a person must satisfy the board that the person is skilled in the science of plant breeding.  The board may require skill to be shown by evidence of accomplishments in the field and may require an oral or written examination in the subject.
(b)  A certificate of registration is not transferable and is permanent unless revoked as provided in this chapter.
Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.24, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.0065. Notice and Analysis of Examination Results

Sec. 62.0065.  NOTICE AND ANALYSIS OF EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date on which a licensing or registration examination is administered under this chapter, the board shall notify each examinee of the results of the examination.  However, if an examination is graded or reviewed by a national testing service, the board shall notify examinees of the results of the examination not later than the 14th day after the date on which the board receives the results from the testing service.  If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the board shall notify the examinee of the reason for the delay before the 90th day.  The board may require a testing service to notify examinees of the results of an examination.
(b)  If requested in writing by a person who fails a licensing or registration examination administered under this chapter, the board shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 41, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.19, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.008. Certification of Seed and Plants

Sec. 62.008.  CERTIFICATION OF SEED AND PLANTS.  (a)  The department is the certifying agency in Texas for the certification of seed and plants.  The department shall employ a sufficient number of inspectors to carry out the inspection provisions of this chapter.  Inspectors must meet qualifications set by the board.
(b)  A person who is licensed as a Foundation, Registered, or Certified seed or plant producer or who is registered as a plant breeder is eligible to have seed or plants of an eligible class and variety certified by the department.  On request by a licensed producer or a registered plant breeder to have seed or plants certified, the department shall inspect the producer's or registrant's fields, facilities, and seed or plants.  Inspection may include tests approved by the board and carried out by inspectors under the authority of the department.
(c)  After inspection, if the department determines that the production of seed or plants has met the standards and rules prescribed by the board, it shall cause to be attached to each container of the product a label identifying the seed or plant and the certified class and including other information required by statute or by rule of the board.  The department shall prescribe the format of the label.
(d)  The department shall fix and collect a fee for the issuance of a certification label in an amount necessary to cover the costs of inspection and labels.
Acts 1981, 67th Leg., p. 1137, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 52, Sec. 9, eff. May 7, 2001.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.009. Seed and Plants From Outside the State

Sec. 62.009.  SEED AND PLANTS FROM OUTSIDE THE STATE.  (a)  The department may adopt rules, including testing requirements and standards, which must be met before seed or plants represented to be of a certified class may be shipped into the state for distribution in the state.  The rules adopted shall be designed to ensure buyers in the state of having available certified seed and plants of known origin, genetic purity, and identity and shall correspond to appropriate rules used in certifying seed and plants produced in Texas.
(b)  The department may require inspections of seed and plants represented to be of a certified class and shipped into the state for distribution in the state and may collect fees to cover costs of inspection, as determined by the department.  The department may require inspection fee payment before distribution in the state.
(c)  A person may not distribute in this state seed or plants represented to be of a certified class and shipped into the state for distribution in the state, unless the person has first complied with any rules, including testing requirements, adopted by the department for seed or plants shipped into the state.
(d)  A person may not sell or offer for sale in this state seed or plants represented to be of a certified class and shipped into the state for distribution in the state, unless the seed or plants have been certified by an official certifying agency in the state, province, or country of origin or have been certified by the department.
(e)  Seed or plants shipped into the state for distribution in the state which are represented to be of a certified class and which are found by the department after investigation to violate the requirements of this section are restricted from distribution.  In addition, the department may order the seed or plants in violation confiscated and retained under general supervision of the department.  An owner or consignee of restricted or confiscated seed or plants may appeal the order by filing an appeal within 10 days of the order.  Appeal is in the county court of the county where the seed or plants are restricted or were confiscated.  The appeal in county court is by trial de novo.  If no appeal is filed as provided in this section or if after an appeal in county court, the department's action is not reversed, the department may destroy confiscated seed or plants.
Acts 1981, 67th Leg., p. 1137, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.010. Revocation, Modification, or Suspension of Registration or License

Sec. 62.010.  REVOCATION, MODIFICATION, OR SUSPENSION OF REGISTRATION OR LICENSE.  (a)  The department shall revoke, modify, or suspend the registration or license of a registered plant breeder or licensed producer of Foundation, Registered, or Certified seed or plants, place on probation a person whose registration or license has been suspended, or reprimand a registrant or licensee if the person makes exaggerated claims for products, fails to observe any rule governing the maintenance and production of a certified class of seed or plants that he or she is registered or licensed to produce or maintain, or violates another requirement of this chapter or a rule adopted by the board or the department under this chapter.
(b)  If a suspension of a license or registration is probated, the department may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department;  or
(3)  continue or renew professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
(c)  If the department revokes a registration or license, the department shall order the cancellation and withdrawal of all appropriate certification labels previously issued for the seed or plants.
(d)  If the department proposes to revoke, modify, or suspend a person's registration or license, the person is entitled to a hearing conducted under Section 12.032.  The board shall prescribe procedures by which all decisions of the department to revoke, modify, or suspend a registration or license issued under this chapter are appealable to the board.
Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 42, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 3.09, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 62 - Seed and Plant Certification › Section 62.011. Penalties

Sec. 62.011.  PENALTIES.  (a)  A person commits an offense if the person:
(1)  sells or offers for sale in this state seed or plants with labeling or packaging accompanying the seed or plants using the terms "from officially inspected fields," "state inspected," "approved seed," "approved plants," "approved sods," "approved trees," "inspected fields," "foundation seed," "certified plants," or terms having the same meaning, unless the seed or plants have been certified as Foundation, Registered, or Certified seed or plants;
(2)  represents himself or herself to be a registered plant breeder or licensed producer of Foundation, Registered, or Certified seed or plants unless he or she has been registered or licensed under this chapter;
(3)  sells or offers for sale in this state Foundation, Registered, or Certified seed or plants that are not in compliance with this chapter or with the rules adopted under this chapter;
(4)  sells or offers for sale seed or plants represented to be certified in explicit oral or written statements or by misleading oral or written statements if the seed or plants have not been certified or have not been certified as being of the class of which they are represented;
(5)  violates Section 62.007(c) of this code;  or
(6)  violates Section 62.009(c), (d), or (e) of this code.
(b)  An offense under Subsection (a)(1), (a)(2), (a)(5), or (a)(6) of this section is a Class C misdemeanor.
(c)  An offense under Subsection (a)(3) or (a)(4) of this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 43, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.002. Commercial Fertilizer

Sec. 63.002.  COMMERCIAL FERTILIZER.  (a)  Except as otherwise provided by this section, a substance is a commercial fertilizer subject to this chapter if it is:
(1)  a fertilizer material;
(2)  a mixed fertilizer;
(3)  a customer-formula fertilizer;  or
(4)  another substance, material, or element, including a pesticide, that is intended for use or is used as an ingredient or component of a mixture of materials that is used, designed or represented for use, or claimed to have value, in promoting plant growth.
(b)  Unprocessed, unpackaged, or unmanipulated lime, limestone, marl, or gypsum is not a commercial fertilizer subject to this chapter.
(c)  Animal manure, plant remains, or mixtures of those substances are not commercial fertilizers subject to this chapter if no specific nutrient analysis claim indicates guaranteed nutrient levels.
(d)  A plant food element or additive other than nitrogen, phosphorus, or potassium, determinable by an acceptable laboratory method, may be incorporated into a commercial fertilizer and guaranteed only if, and in the manner, authorized by rule of the director.  Any additional plant food element or additive is subject to the inspection, analysis, and other provisions of this chapter.
Acts 1981, 67th Leg., p. 1141, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1837, ch. 349, art. 1, Sec. 1, eff. Sept. 1, 1983.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 779 (H.B. 1969), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.0025. Certain Analyses Not Guarantee of Nutrient Levels

Sec. 63.0025.  CERTAIN ANALYSES NOT GUARANTEE OF NUTRIENT LEVELS.  A representative laboratory analysis conducted for purposes of fulfilling a requirement established by a federal agency or a state agency other than the department may not:
(1)  be considered a guarantee of nutrient levels for:
(A)  fertilizer material;
(B)  mixed fertilizer;
(C)  manipulated manure; or
(D)  specialty fertilizer; or
(2)  be used to determine whether animal manure, plant remains, or mixtures of those substances are commercial fertilizers under Section 63.002(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 779 (H.B. 1969), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.003. Administration

Sec. 63.003.  ADMINISTRATION.  (a)  The Texas Feed and Fertilizer Control Service is under the direction of the director of the Texas Agricultural Experiment Station, who is responsible for exercising the powers and performing the duties assigned to the service by this chapter.
(b)  The service may employ personnel necessary to perform its duties.
(c)  The director may appoint a state chemist whose responsibilities may include the making of chemical analyses and tests required by this chapter.
Acts 1981, 67th Leg., p. 1142, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1837, ch. 349, art. 1, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.004. Rules; Standards

Sec. 63.004.  RULES;  STANDARDS.  Following a public hearing, the service may adopt rules relating to the distribution of commercial fertilizers that the service finds necessary to carry into full effect the intent and meaning of this chapter including rules defining and establishing standards for commercial fertilizer.  To the extent practicable, rules that define and establish standards for commercial fertilizer shall be in harmony with the official standards of the Association of American Plant Food Control Officials.
Acts 1981, 67th Leg., p. 1142, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1837, ch. 349, art. 1, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.005. Publications

Sec. 63.005.  PUBLICATIONS.  (a)  At least annually, the service shall publish:
(1)  information concerning the sales of commercial fertilizers, together with data on those sales that the service considers advisable;
(2)  the results of the analyses of official samples of commercial fertilizers sold within the state as compared to the guaranteed analyses of those fertilizers;
(3)  a financial statement showing the receipt and expenditure of funds under this chapter;  and
(4)  other information relating to fertilizer as the service considers necessary or desirable to the public interest.
(b)  The service shall prescribe the form of a publication required under this section.
(c)  The report on sales of commercial fertilizers shall separately show information concerning the sales for the fall and spring seasons.
(d)  A publication under this section may not disclose the scope of operations of any person.
Acts 1981, 67th Leg., p. 1142, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1837, ch. 349, art. 1, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.006. Application

Sec. 63.006.  APPLICATION.  (a)  This chapter does not apply to, restrict, or void the sale of a commercial fertilizer by an importer, manufacturer, or manipulator to an importer, manufacturer, or manipulator who mixes fertilizers for distribution.  This chapter does not prevent the free and unrestricted shipment of a commercial fertilizer to a manufacturer or manipulator who has registered the brand name as required by this chapter.
(b)  This chapter does not apply to the mixing, milling, or processing of a material produced by a purchaser of commercial fertilizer or acquired by the purchaser from a source other than the person who mixed or processed the material.
Acts 1981, 67th Leg., p. 1142, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1837, ch. 349, art. 1, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter A. General Provisions › Section 63.007. Effect on Other Law

Sec. 63.007.  EFFECT ON OTHER LAW.  This chapter preempts and supersedes any ordinance, order, or rule adopted by a political subdivision of this state relating to the regulation, registration, packaging, labeling, sale, distribution, use, or application of commercial fertilizer.
Added by Acts 2009, 81st Leg., R.S., Ch. 120 (H.B. 2527), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter B. Grades › Section 63.021. Grade Statements

Sec. 63.021.  GRADE STATEMENTS.  Any statement of the grade of a commercial fertilizer shall be stated in whole numbers in the following order:
(1)  total nitrogen;
(2)  available phosphoric acid;  and
(3)  soluble potash.
Acts 1981, 67th Leg., p. 1143, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter C. Permit and Registration › Section 63.031. Permit and Registration Required

Sec. 63.031.  PERMIT AND REGISTRATION REQUIRED.  (a)  A person may not manufacture or distribute a commercial fertilizer in this state without a valid current permit issued by the service, and a person may not manufacture or distribute a commercial fertilizer in this state, other than customer-formula fertilizer, unless the person first registers the fertilizer with the service.
(b)  An application for a permit or registration shall be submitted on a form prescribed by the service.
(c)  Registration is required for each distinct mixture, formulation, or type of commercial fertilizer manufactured or distributed in this state.
(d)  A person is not required to register a commercial fertilizer that has been registered by another person.
Acts 1981, 67th Leg., p. 1143, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1842, ch. 349, art. 1, Sec. 2, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter C. Permit and Registration › Section 63.032. Application for Registration

Sec. 63.032.  APPLICATION FOR REGISTRATION.  (a)  Each application for registration of a commercial fertilizer shall include the following information relating to the fertilizer:
(1)  the name and principal address of the person responsible for manufacture and distribution;
(2)  the brand or the name under which the fertilizer is to be distributed;  and
(3)  other information that the service may by rule require.
(b)  The service may prescribe and furnish forms for registration of commercial fertilizers under this chapter.  The service shall provide a registrant with a copy of the approved registration.
Acts 1981, 67th Leg., p. 1143, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1842, ch. 349, art. 1, Sec. 2, eff. Sept. 1, 1983;  Acts 2003, 78th Leg., ch. 498, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter C. Permit and Registration › Section 63.033. Term of Permit and Registration

Sec. 63.033.  TERM OF PERMIT AND REGISTRATION.  A permit or registration issued under this chapter is permanent unless:
(1)  the service revokes, suspends, annuls, or amends the permit or registration;
(2)  the permittee or registrant withdraws or cancels the permit or registration;  or
(3)  the service requires a new permit or new registration.
Acts 1981, 67th Leg., p. 1143, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1842, ch. 349, art. 1, Sec. 2, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter C. Permit and Registration › Section 63.034. Refusal or Revocation of Permit

Sec. 63.034.  REFUSAL OR REVOCATION OF PERMIT.  Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing permit or may refuse to issue a permit if it finds that the permittee or applicant has:
(1)  been convicted of a crime for which a permit may be revoked, suspended, annulled, amended, or refused under Chapter 53, Occupations Code;
(2)  refused or after notice failed to comply with this chapter and rules adopted under this chapter;  or
(3)  used fraudulent or deceptive practices in attempting evasion of this chapter or a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1144, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1842, ch. 349, art. 1, Sec. 2, eff. Sept. 1, 1983;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.721, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter C. Permit and Registration › Section 63.035. Refusal or Revocation of Registration

Sec. 63.035.  REFUSAL OR REVOCATION OF REGISTRATION.  Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing registration of or may refuse a registration to a commercial fertilizer if the service finds that:
(1)  the commercial fertilizer:
(A)  is not in compliance with this chapter or a rule adopted under this chapter;  or
(B)  contains a pesticide as defined by Chapter 76 of this code that has not been registered in accordance with that chapter;  or
(2)  the registrant or applicant has:
(A)  been convicted of a crime for which registration may be revoked, suspended, annulled, amended, or refused under Chapter 53, Occupations Code;
(B)  refused or after notice failed to comply with this chapter and rules adopted under this chapter;  or
(C)  used fraudulent or deceptive practices in attempted evasion of this chapter or a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1144, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1842, ch. 349, art. 1, Sec. 2, eff. Sept. 1, 1983;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.722, eff. Sept. 1, 2001.