reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter D. Labeling › Section 63.051. Labeling of Commercial Fertilizer

Sec. 63.051.  LABELING OF COMMERCIAL FERTILIZER.  (a)  Except as provided by Subsection (d) of this section, each container of commercial fertilizer distributed in this state, other than customer-formula fertilizer, must have a label with the following information:
(1)  the name and principal address of the person responsible for manufacture and distribution;
(2)  the brand, grade, and name under which the fertilizer is to be distributed;
(3)  the net weight of the fertilizer in the container;
(4)  the guaranteed analysis of the plant nutrients in the fertilizer, listing the minimum percentages of primary, secondary, and micro plant nutrients, and other additives, in accordance with rules of the service;  and
(5)  other information that the service may by rule prescribe.
(b)  The guaranteed analysis of any unacidulated mineral phosphatic materials and basic slag shall guarantee both the total and available phosphoric acid and the degree of fineness.  The guaranteed analysis of bone, tankage, and other organic phosphate materials shall guarantee the total phosphoric acid.  All materials included in the guaranteed analysis are subject to inspection and determination by laboratory procedures in accordance with rules of the service.
(c)  The manufacturer or other person distributing packaged commercial fertilizer shall affix the label required by this section to the container of fertilizer or cause it to be printed on the side of the container in the manner prescribed by the service.  The label information must be grouped together and plainly printed in English in the size or of type prescribed by the service.
(d)  The manufacturer or other person distributing commercial fertilizer in bulk or in a container that holds an amount exceeding 110 pounds dry weight or 55 gallons liquid shall at the time of delivery furnish the purchaser with a written or printed statement showing the information required by this section.
Acts 1981, 67th Leg., p. 1144, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1846, ch. 349, art. 1, Sec. 3, 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 D. Labeling › Section 63.052. Misleading Label

Sec. 63.052.  MISLEADING LABEL.  The label of a commercial fertilizer may not be misleading in any particular.
Acts 1981, 67th Leg., p. 1144, 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 D. Labeling › Section 63.053. Labeling of Customer-Formula Fertilizer

Sec. 63.053.  LABELING OF CUSTOMER-FORMULA FERTILIZER.  A person distributing customer-formula fertilizer in this state shall at the time of delivery furnish to the purchaser a label showing:
(1)  the name and address of the purchaser;
(2)  the date of sale;
(3)  the grade of the mixture;
(4)  the guaranteed analysis of the plant nutrients and other additives;
(5)  the net weight of the fertilizer;  and
(6)  the name and address of the registrant.
Added by Acts 1983, 68th Leg., p. 1846, ch. 349, art. 1, Sec. 3, 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 D. Labeling › Section 63.054. General Label Restrictions

Sec. 63.054.  GENERAL LABEL RESTRICTIONS.  Except as authorized by this chapter or a rule of the service, the label of a commercial fertilizer may not:
(1)  advertise, name, promote, emphasize, or otherwise direct attention to one or more components or ingredients in the product unless the percentage and common name of the component or ingredient is clearly and prominently declared;  or
(2)  contain the name of another manufacturer or person or a product of another manufacturer or person.
Acts 1981, 67th Leg., p. 1144, ch. 388, Sec. 1, eff. Sept. 1, 1980.  Renumbered from Sec. 63.053 and amended by Acts 1983, 68th Leg., p. 1846, ch. 349, art. 1, Sec. 3, 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 E. Fees › Section 63.071. Inspection Fee

Sec. 63.071.  INSPECTION FEE.  (a)  For each state fiscal year, the registrant of a commercial fertilizer shall pay to the service an inspection fee as prescribed by this section.
(b)  Except as otherwise provided by this section, the inspection fee for a commercial fertilizer distributed in this state is 30 cents per ton of fertilizer.  With the approval of the board, the director may reduce or increase the inspection fee in increments of two cents per ton per fiscal year.
(c)  A person distributing in this state a commercial fertilizer product packaged in individual containers of five pounds or less shall pay, for each distinct commercial fertilizer product so distributed, a flat rate inspection fee of $50 for each fiscal year or part of a fiscal year in which the distribution is made.
(d)  A registrant paying an inspection fee under Subsection (b) of this section shall pay in advance a minimum annual inspection fee of $100 per fiscal year.  All advance inspection fees collected under this section shall be credited towards the first tonnage inspection owed by the registrant accruing in that fiscal year.
(e)  If more than one person is involved in the distribution of a commercial fertilizer, the last person who distributes to a dealer or consumer who is a nonregistrant shall pay the fee.
(f)  A person is not required to pay an inspection fee on a portion of a customer-formula fertilizer that is produced by the purchaser or acquired by the purchaser from a source other than the person who mixed, milled, or processed the mixture.
(g)  The service may by rule provide that a person who manufactures or distributes a commercial fertilizer solely for investigational, experimental, or laboratory use by qualified persons is not required to pay an inspection fee on the fertilizer if the use is in the public interest.
(h)  A person is not required to pay an inspection fee on compost as defined by Section 361.421, Health and Safety Code.
Acts 1981, 67th Leg., p. 1145, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1848, ch. 349, art. 1, Sec. 4, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 899, Sec. 1.16, eff. Aug. 30, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter E. Fees › Section 63.072. Tonnage Report and Inspection Fee Payment

Sec. 63.072.  TONNAGE REPORT AND INSPECTION FEE PAYMENT.  (a)  The person responsible for paying a fertilizer inspection fee shall file with the service a sworn report either stating that no tonnage of commercial fertilizer was distributed during the preceding reporting period or setting forth the tonnage of all the commercial fertilizer that the person manufactured or distributed in this state during the preceding reporting period.  The person shall file the report:
(1)  quarterly if the total amount of inspection fees in a year is $100 or more;  or
(2)  annually if the total amount of inspection fees in a year is less than $100.
(b)  Each tonnage report must be accompanied by payment of the inspection fee due based on the tonnage reported for that quarter or year, as applicable.
(c)  A tonnage report and inspection fee payment is due:
(1)  on or before the 31st day following the last day of November, February, May, and August, for persons reporting quarterly;  and
(2)  on or before the 31st day following the last day of August, for persons reporting annually.
(d)  The service may prescribe and furnish forms as necessary under this section.
Acts 1981, 67th Leg., p. 1145, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1848, ch. 349, art. 1, Sec. 4, eff. Sept. 1, 1983;  Acts 2003, 78th Leg., ch. 682, Sec. 1, eff. Sept. 1, 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 E. Fees › Section 63.073. Penalty for Late Filing or Payment

Sec. 63.073.  PENALTY FOR LATE FILING OR PAYMENT.  (a)  If a person does not file a report or pay the inspection fee as required by Section 63.072, the registrant shall pay a penalty equal to 15 percent of the inspection fee due or $50, whichever is greater.
(b)  A penalty, together with the delinquent inspection fee, is due before the 61st day following the last day of the quarter, for quarterly reports, or of August, for annual reports.  The service shall cancel the registration of a registrant who fails to pay the penalty and delinquent inspection fee within that time period.
Acts 1981, 67th Leg., p. 1145, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1848, ch. 349, art. 1, Sec. 4, eff. Sept. 1, 1983;  Acts 2003, 78th Leg., ch. 682, Sec. 2, eff. Sept. 1, 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 E. Fees › Section 63.074. Records; Additional Reports; Audits

Sec. 63.074.  RECORDS;  ADDITIONAL REPORTS;  AUDITS.  (a)  For the purpose of determining the accurate tonnage of commercial fertilizers distributed in this state or identifying or verifying tonnage reports, the service may require each registrant to maintain records or file additional reports.
(b)  The service is entitled to examine at reasonable times the records maintained under this section.
(c)  A registrant shall preserve and maintain in usable condition all records required by this section and shall retain the records for a period of at least two years.  The service may require a registrant to retain records for a period longer than two years if the service determines it to be in the public interest.
(d)  If a registrant is located outside this state, the registrant shall maintain the records and information required by this section in this state or pay all costs incurred in the auditing of records at another location.  The service shall promptly furnish to the registrant an itemized statement of any costs incurred in an out-of-state audit and the registrant shall pay the costs before the 31st day following the date of the statement.
Acts 1981, 67th Leg., p. 1145, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1848, ch. 349, art. 1, Sec. 4, eff. Sept. 1, 1983;  Acts 2003, 78th Leg., ch. 682, Sec. 3, eff. Sept. 1, 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 E. Fees › Section 63.075. Disposition and Use of Fees

Sec. 63.075.  DISPOSITION AND USE OF FEES.  (a)  The service shall deposit fees collected under this subchapter in the same manner as other local institutional funds of The Texas A&M University System.  The fees shall be set apart as a special fund to be known as the Texas fertilizer control fund.
(b)  The Texas fertilizer control fund shall be used, with the approval and consent of the board, for administering and enforcing this chapter, including paying the cost of:
(1)  salaries;
(2)  equipment and facilities;
(3)  registration;
(4)  publication of bulletins and reports;  and
(5)  inspection, sampling, and analysis.
(c)  Any fees collected under this subchapter that, in the judgment of the board, are not needed for the proper and efficient enforcement and administration of this chapter may, with approval of the board, be used for research relative to the value of commercial fertilizers.
Acts 1981, 67th Leg., p. 1146, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1850, ch. 349, art. 1, Sec. 5, 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 F. Inspection, Sampling, and Analysis › Section 63.091. Inspection and Sampling; Entry Power

Sec. 63.091.  INSPECTION AND SAMPLING;  ENTRY POWER.  In order to determine if commercial fertilizer is in compliance with this chapter, the service is entitled to:
(1)  enter during regular business hours and inspect any place of business, mill, plant, building, or vehicle, and to open any bin, vat, or parcel, that is used in the manufacture, transportation, importation, sale, or storage of a commercial fertilizer or is suspected of containing a commercial fertilizer;  and
(2)  take samples from fertilizer found during that inspection.
Acts 1981, 67th Leg., p. 1146, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1851, ch. 349, art. 1, Sec. 6, 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 F. Inspection, Sampling, and Analysis › Section 63.092. Procedure for Sampling and Analysis

Sec. 63.092.  PROCEDURE FOR SAMPLING AND ANALYSIS.  The service by rule shall prescribe the procedures for sampling and analysis of commercial fertilizers.  The procedures must, to the extent practicable, be in accordance with the official methods of the Association of Official Analytical Chemists or other methods that the service considers authentic by research and investigation.
Acts 1981, 67th Leg., p. 1146, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1851, ch. 349, art. 1, Sec. 6, 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 F. Inspection, Sampling, and Analysis › Section 63.093. Identification of Sample

Sec. 63.093.  IDENTIFICATION OF SAMPLE.  (a)  Each sample taken shall be sealed with a label placed on the container of the sample showing:
(1)  the serial number of the sample;
(2)  the date on which the sample was taken;  and
(3)  the signature of the person who took the sample.
(b)  Each sample shall be sent to the service.  In addition, a report shall be sent to the service stating:
(1)  the name or brand of commercial fertilizer sampled;
(2)  the serial number of the sample;
(3)  the manufacturer or guarantor of the sample, if known;
(4)  the name of the person in possession of the lot samples;
(5)  the date and place of taking the sample;  and
(6)  the name of the person who took the sample.
(c)  For the purpose of properly identifying a sample with the lot sampled, the service is entitled to examine and copy any invoice, transportation record, or other record pertaining to the lot.
Acts 1981, 67th Leg., p. 1146, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1851, ch. 349, art. 1, Sec. 7, 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 F. Inspection, Sampling, and Analysis › Section 63.094. Independent Analysis of Sample

Sec. 63.094.  INDEPENDENT ANALYSIS OF SAMPLE.  (a)  If the service finds through chemical analysis or other method that a commercial fertilizer is in violation of a provision of this chapter, the service shall notify the manufacturer or other person who caused the fertilizer to be distributed.  The notice must be in writing and give full details of the findings of the service.
(b)  After receiving a notice under Subsection (a) of this section, the manufacturer or other person who caused the fertilizer to be distributed may request that the service submit portions of the sample analyzed to other chemists for independent analysis.  After receiving a request, the service shall submit two portions of the sample analyzed to two qualified chemists selected by the service.  If requested, the service shall also submit one portion of the sample to the person requesting independent analysis.  A request under this subsection must be filed with the service before the 16th day following the day on which notice is given.
(c)  Each of the chemists selected by the service under Subsection (b) of this section shall analyze the portion of the sample and certify findings to the service under oath.  The findings shall be prepared in duplicate and the service shall forward one copy of each chemist's findings to the person who requested independent analysis.
(d)  The three chemical analyses obtained under this section may be considered in determining whether a violation of this chapter has occurred.
(e)  Except as provided by this subsection, the person requesting independent analysis under this section shall pay the costs of the analysis.  If as a result of the independent analysis the service determines that a violation has not occurred, the service shall pay the costs of the analysis.
Acts 1981, 67th Leg., p. 1147, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1852, ch. 349, art. 1, Sec. 8, 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 F. Inspection, Sampling, and Analysis › Section 63.095. Testing of Samples on Request

Sec. 63.095.  TESTING OF SAMPLES ON REQUEST.  In accordance with the rules of the director, any person may submit a sample of a commercial fertilizer to the director for analysis.  The results of the analysis shall be for informational purposes only, may not identify the manufacturer, and may not be published.
Acts 1981, 67th Leg., p. 1147, 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 G. Enforcement; Remedies › Section 63.121. Stop-Sale Order

Sec. 63.121.  STOP-SALE ORDER.  (a)  If the service has reasonable cause to believe that a commercial fertilizer is being distributed in violation of a provision of this chapter, the service shall affix to the container of the fertilizer a written notice containing:
(1)  an order to stop the sale of the fertilizer;  and
(2)  a warning to all persons not to dispose of the fertilizer in any manner until the service or a court gives permission or until the stop-sale order expires.
(b)  If the service finds that a commercial fertilizer is in compliance with this chapter, the service shall immediately remove the stop-sale order.
(c)  A stop-sale order expires at the end of the 30th day following the day on which it was affixed unless, prior to that time, the service has instituted proceedings under Section 63.122 of this code to condemn the fertilizer.
Acts 1981, 67th Leg., p. 1147, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, eff. Sept. 1, 1983;  Acts 2003, 78th Leg., ch. 682, Sec. 4, eff. Sept. 1, 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 G. Enforcement; Remedies › Section 63.122. Condemnation of Fertilizer

Sec. 63.122.  CONDEMNATION OF FERTILIZER.  (a)  If, after examination and analysis, the service finds that a commercial fertilizer is in violation of a provision of this chapter, the service shall petition the district or county court in whose jurisdiction the fertilizer is located for an order for the condemnation and confiscation of the fertilizer.  If the court determines that the fertilizer is in violation of this chapter, the fertilizer shall be disposed of by sale or destruction in accordance with the order of the court.
(b)  If a condemned commercial fertilizer is sold under Subsection (a) of this section, the proceeds of the sale, less court costs and charges, shall be paid into the state treasury.
(c)  If the court finds that a violation of this chapter may be corrected by proper processing or labeling, the court may order that the fertilizer be delivered to the registrant for processing or labeling under the supervision of the service.  Before entering that order, the court shall:
(1)  enter the decree;
(2)  require that all costs, fees, and expenses be paid;  and
(3)  require the registrant to post good and sufficient bond conditioned on the proper labeling and processing of the fertilizer.
(d)  The registrant of the fertilizer shall pay all costs incurred by the service in the supervision of labeling or processing under Subsection (c) of this section.  The court shall return the bond to the registrant when the service notifies the court that the commercial fertilizer is no longer in violation of this chapter and that the registrant has paid the expenses of supervision.
Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, 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 G. Enforcement; Remedies › Section 63.123. Warnings

Sec. 63.123.  WARNINGS.  If the service determines that a violation of this chapter is of a minor nature and that the public interest will be served and protected by the issuance of a written warning, the service may issue the warning instead of proceeding to condemn the fertilizer, report the violation for prosecution, or take other administrative action.
Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, 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 G. Enforcement; Remedies › Section 63.124. Injunction

Sec. 63.124.  INJUNCTION.  (a)  The service may sue in the name of the director to enjoin a violation of this chapter.
(b)  The service may request a prosecuting attorney or the attorney general to sue to enjoin a violation or threatened violation of this chapter.
Amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, 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 G. Enforcement; Remedies › Section 63.125. Suit to Recover Fees

Sec. 63.125.  SUIT TO RECOVER FEES.  The service may sue to recover an inspection fee or penalty due under Subchapter E of this chapter.  Venue for a suit under this section is in Brazos County.
Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 63.124 and amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, 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 G. Enforcement; Remedies › Section 63.126. Prosecutions

Sec. 63.126.  PROSECUTIONS.  Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be instituted and prosecuted in the proper court without delay in the manner provided by law.
Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 63.125 and amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, 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 G. Enforcement; Remedies › Section 63.127. Venue for Civil and Criminal Actions

Sec. 63.127.  VENUE FOR CIVIL AND CRIMINAL ACTIONS.  Except as provided by Section 63.125 of this chapter, venue for a civil action or criminal prosecution under this chapter is in the county in which the commercial fertilizer is located at the time the alleged violation is discovered by or made known to the service.
Added by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, 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 G. Enforcement; Remedies › Section 63.128. Appeal of Administrative Order or Ruling

Sec. 63.128.  APPEAL OF ADMINISTRATIVE ORDER OR RULING.  (a)  A person at interest who is aggrieved by an order or ruling of the service may appeal the order or ruling in the manner provided for contested cases under Chapter 2001, Government Code.
(b)  Appeal under this section is by trial de novo.
Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 63.126 and amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter H. Penalties › Section 63.141. General Penalty

Sec. 63.141.  GENERAL PENALTY.  (a)  A person commits an offense if the person violates a provision of this chapter.
(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously committed an offense under this subchapter, in which event it is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, 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 H. Penalties › Section 63.142. Distribution of Misbranded Fertilizer

Sec. 63.142.  DISTRIBUTION OF MISBRANDED FERTILIZER.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer that:
(1)  carries a false or misleading statement on, attached to, or accompanying the container;
(2)  makes a false or misleading statement concerning its agricultural value on the container or in any advertising matter accompanying or associated with it;
(3)  is of a composition, quantity, or quality that is below or is different from that which it is represented to be on its label;
(4)  has a container that is made, formed, or filled in a manner that is misleading;  or
(5)  purports to be or is represented as a commercial fertilizer for which a definition of identity and a standard have been prescribed by rule, but does not conform to the definition or standard.
(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has been previously convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, 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 H. Penalties › Section 63.143. Distribution of Adulterated Fertilizer

Sec. 63.143.  DISTRIBUTION OF ADULTERATED FERTILIZER.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute a commercial fertilizer that:
(1)  has been damaged in a manner that reduces its value;
(2)  has damage or an inferiority that has been concealed;
(3)  has added to it a substance that increases its bulk or weight, reduces its quality or strength, or makes it appear better or of greater value than it is;
(4)  has had an ingredient omitted or extracted, in whole or in part;  or
(5)  contains or bears a poisonous or deleterious substance that may render it injurious to plants under ordinary conditions of use.
(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, 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 H. Penalties › Section 63.144. Distribution of Commercial Fertilizer Without Registration, Labeling, or Payment of Inspection Fee

Sec. 63.144.  DISTRIBUTION OF COMMERCIAL FERTILIZER WITHOUT REGISTRATION, LABELING, OR PAYMENT OF INSPECTION FEE.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer:
(1)  that is required to be registered but is not registered in accordance with Subchapter C of this chapter;
(2)  that is not labeled in accordance with Subchapter D of this chapter;  or
(3)  for which an inspection fee has not been paid in accordance with Subchapter E of this chapter.
(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 1856, art. 1, ch. 349, Sec. 10, 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 H. Penalties › Section 63.145. Refusal of Inspection or Sampling

Sec. 63.145.  REFUSAL OF INSPECTION OR SAMPLING.  (a)  A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to permit entry, inspection, sampling, or the examination and copying of invoices or transportation records under Subchapter F of this chapter.
(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, 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 H. Penalties › Section 63.146. Refusal to Pay Inspection Fee or Submit Records

Sec. 63.146.  REFUSAL TO PAY INSPECTION FEE OR SUBMIT RECORDS.  (a)  A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to make records available, furnish reports, permit the examination of records, or pay an inspection fee in accordance with Subchapter E of this chapter.
(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, 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 I. Ammonium Nitrate › Section 63.151. Definitions

Sec. 63.151.  DEFINITIONS.  In this subchapter:
(1)  "Ammonium nitrate" means ammonium salt of nitric acid that contains more than 33 percent nitrogen, one-half of which is the 50 ammonium form and one-half of which is the nitrate form.
(2)  "Ammonium nitrate material" means solid fertilizer that includes ammonium nitrate as a component, if the fertilizer's nitrogen content derived from the ammonium nitrate is at least 28 percent of the fertilizer by weight.
(3)  "Ammonium nitrate storage facility" means a facility that stores ammonium nitrate material or ammonium nitrate to be used in ammonium nitrate material and includes the premises on which a facility is located.
(4)  "Fire marshal" means the state fire marshal or a local fire marshal, fire chief, or volunteer fire chief having jurisdiction over the area in which an ammonium nitrate storage facility is located.
(5)  "Operator" means the person who controls the day-to-day operations of an ammonium nitrate storage facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter I. Ammonium Nitrate › Section 63.152. Registration Required

Sec. 63.152.  REGISTRATION REQUIRED.  (a)  A person may not produce, store, transfer, offer for sale, or sell ammonium nitrate or ammonium nitrate material unless the person holds a certificate of registration issued by the service under this subchapter.
(b)  An application for a registration submitted by an applicant who owns an ammonium nitrate facility must be:
(1)  submitted on a form prescribed by the service that includes:
(A)  the name, address, and telephone number of each ammonium nitrate facility owned by the applicant; and
(B)  the name of the person designated by the applicant as the point of contact for each facility owned by the applicant; and
(2)  accompanied by a fee in an amount sufficient to cover the service's costs to administer this subchapter.
(c)  A person who engages in the sale of ammonium nitrate or ammonium nitrate material must display the person's registration in conspicuous public view in the person's place of business.
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 120 (H.B. 2527), Sec. 2, 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 I. Ammonium Nitrate › Section 63.153. Security Requirements

Sec. 63.153.  SECURITY REQUIREMENTS.  A person who engages in the sale of ammonium nitrate or ammonium nitrate material shall take steps to secure the ammonium nitrate or ammonium nitrate material stored at the person's facility against vandalism, theft, or other unauthorized access, including:
(1)  ensuring that a storage facility is fenced or otherwise enclosed and locked when unattended;
(2)  inspecting a storage facility daily for signs of vandalism and to verify its structural integrity; and
(3)  establishing and maintaining ongoing inventory control procedures for the ammonium nitrate or ammonium nitrate material.
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter I. Ammonium Nitrate › Section 63.154. Sale of Ammonium Nitrate

Sec. 63.154.  SALE OF AMMONIUM NITRATE.  (a)  Before completing a sale of ammonium nitrate or ammonium nitrate material, a person that engages in those sales shall:
(1)  require the person making the purchase to:
(A)  display a driver's license or other form of identification containing the person's photograph;
(B)  provide the other personal information required by Subdivision (2); and
(C)  sign for the purchase; and
(2)  make a record of the sale, including:
(A)  the name of the person making the purchase;
(B)  the date of the purchase;
(C)  the purchaser's address, date of birth, and phone number;
(D)  the form of identification the purchaser presented;
(E)  whether the purchase is being made on behalf of another person; and
(F)  the amount and brand name of the ammonium nitrate or ammonium nitrate material purchased.
(b)  The service shall:
(1)  adopt rules allowing a person to refuse to sell ammonium nitrate or ammonium nitrate material based on the season or the location of the sale; and
(2)  distribute forms to each person registered under this subchapter to be used to record the information required under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter I. Ammonium Nitrate › Section 63.155. Maintenance of Records

Sec. 63.155.  MAINTENANCE OF RECORDS.  A person who offers to sell or sells ammonium nitrate or ammonium nitrate material shall maintain each record made under Section 63.154 until at least the second anniversary of the date the record is made and shall make each record only available on request by:
(1)  the Office of the Texas State Chemist;
(2)  the Department of Public Safety; or
(3)  a law enforcement agency of the United States.
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter I. Ammonium Nitrate › Section 63.156. Suspension of Registration

Sec. 63.156.  SUSPENSION OF REGISTRATION.  If the service finds that a person registered under this subchapter offered to sell or sold ammonium nitrate or ammonium nitrate material in violation of this subchapter or a rule adopted under this subchapter, the service may:
(1)  suspend a person's registration for a period of 90 days for a first violation; and
(2)  suspend a person's registration for a period of at least 90 days or revoke the person's registration for a second or subsequent violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter I. Ammonium Nitrate › Section 63.157. Criminal Penalty

Sec. 63.157.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  tampers with ammonium nitrate or ammonium nitrate material stored on the property of another; or
(2)  presents false identification to purchase ammonium nitrate or ammonium nitrate material.
(b)  A person commits an offense if the person purchases ammonium nitrate or ammonium nitrate material with the intent to manufacture an explosive device.
(c)  A person commits an offense if the person offers to sell or sells ammonium nitrate or ammonium nitrate material and does not hold a registration issued under this subchapter.
(d)  An offense under Subsection (a) or (c) is a Class A misdemeanor.
(e)  An offense under Subsection (b) is a felony of the third degree.
(f)  It is an exception to the application of Subsection (b) that the person holds a permit or license issued under 18 U.S.C. Section 843.
(g)  If conduct constituting an offense under this section is also an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.001. Applicability

Sec. 64.001.  APPLICABILITY.  This chapter applies only to claims or counterclaims due to the failure of seed purchased in a seed bag or package that contains or has attached the notice required by Section 64.003 of this code.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.002. Requirement of Arbitration

Sec. 64.002.  REQUIREMENT OF ARBITRATION.  (a)  When a purchaser of seed designed for planting claims to have been damaged by the failure of the seed to produce or perform as represented by warranty or by the label required to be attached to the seed under this subtitle or as a result of negligence, the purchaser must submit the claim to arbitration as provided by this chapter not later than the 10th day after the date on which the purchaser discovered or reasonably should have discovered the defect as a prerequisite to the exercise of the purchaser's right to maintain a legal action against the labeler or any other seller of the seed.
(b)  Any period of limitations that applies to the claim shall be tolled until the 11th day after the date of filing with the commissioner of the report of arbitration by the board of arbitration.
(c)  A claim of damages due to the failure of the seed as described by Subsection (a) of this section may not be asserted as a counterclaim or defense in any action brought by a seller against a purchaser until the purchaser has submitted a claim to arbitration.
(d)  When the court in which an action has been filed by a seller of seed described by Subsection (c) of this section receives from the purchaser a copy of the purchaser's complaint filed in arbitration, accompanied by a written notice of intention to use the claim as a counterclaim or defense in the action, the seller's action shall be stayed.  Any period of limitations that applies to the claim is suspended until the 11th day after the date of filing with the commissioner of the report of arbitration by the board of arbitration.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 2, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 543, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.003. Notice of Arbitration Requirement

Sec. 64.003.  NOTICE OF ARBITRATION REQUIREMENT.  (a)  Conspicuous language calling attention to the requirement for arbitration under this chapter shall be included on the analysis label required under this subtitle  or otherwise attached to the seed bag or package.
(b)  The required notice shall read substantially as follows:
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of Texas, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed.  Information about this requirement may be obtained from the state commissioner of agriculture.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.004. Effect of Arbitration

Sec. 64.004.  EFFECT OF ARBITRATION.  In any litigation involving a complaint that has been the subject of arbitration under this chapter, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the arbitration board's findings of fact, conclusions of law, and recommendations as to damages and costs as the court determines advisable.  The court may also take into account any findings of the board of arbitration with respect to the failure of any party to cooperate in the arbitration proceedings, including the arbitration board's ability to determine the facts of the case.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 2003, 78th Leg., ch. 543, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.005. Arbitration Board

Sec. 64.005.  ARBITRATION BOARD.  (a)  The State Seed and Plant Board, as constituted under Section 62.002 of this code, is the board of arbitration for complaints filed under this chapter.
(b)  As a board of arbitration, the State Seed and Plant Board shall conduct arbitration as provided by this chapter.  The arbitration board may be called into session by the commissioner or the chairman of the State Seed and Plant Board to consider matters referred to the arbitration board by the commissioner or the chairman.
(c)  The State Seed and Plant Board shall also be given the authority to hire an outside arbitrator who is not an employee of the Department of Agriculture or a member of the arbitration board.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.