reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 131 - Bees and Honey › Subchapter G. Penalties › Section 131.123. Labeling or Sale of Honey

Sec. 131.123.  LABELING OR SALE OF HONEY.  (a)  A person commits an offense if the person violates a provision of Subchapter E of this chapter.
(b)  An offense under this section is a Class B misdemeanor.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.001. Definitions

Sec. 132.001.  DEFINITIONS.  In this chapter:
(1)  "Egg" means a chicken egg.
(2)  "Person" means an individual, firm, corporation, cooperative, or any other type of business entity.
(3)  "Shipped egg" means an egg produced outside this state and shipped into the state for purposes of resale.
(4)  "Texas egg" means an egg that is produced in this state.
(5)  "Inspection" means a personal examination by an enforcement officer of the department.
Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 1073, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.002. Limitation of Chapter

Sec. 132.002.  LIMITATION OF CHAPTER.  This chapter does not apply to a person selling only eggs that are produced by the person's own flock and for which the person does not claim a grade.
Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.003. Powers and Duties of Department

Sec. 132.003.  POWERS AND DUTIES OF DEPARTMENT.  (a)  The department shall administer this chapter and adopt and enforce necessary rules.
(b)  The department may:
(1)  prescribe record forms and require the reporting of information as necessary in the administration of this chapter;  and
(2)  make reciprocal agreements with other states for the inspection of locations outside of the state at which eggs are classed, graded, and weighed.
Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 7.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.004. Adoption of Standards

Sec. 132.004.  ADOPTION OF STANDARDS.  Standards for the inspection and regulation of shell eggs, including quality, grade, and size of shell eggs, shall:
(1)  be at least equal to those adopted by the United States Department of Agriculture and the federal Food and Drug Administration;  and
(2)  require that, after initial packing, shell eggs be stored at a temperature of 45 degrees Fahrenheit or less, provided, however, that any different temperature standard adopted by the United States Department of Agriculture and the federal Food and Drug Administration shall prevail.
Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 7.02, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 559, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.005. Samples

Sec. 132.005.  SAMPLES.  (a)  The department shall prescribe methods of selecting samples of lots or containers of eggs.  The methods must be:
(1)  reasonably calculated to ensure a fair representation of the entire lot or container sampled;  and
(2)  similar to methods prescribed for sampling by the United States Department of Agriculture.
(b)  The department may enter during ordinary business hours a retail place of business where eggs are offered for sale to the ultimate consumer or a distribution center where eggs are held after being received from a packing plant and take for inspection representative samples of eggs and containers to determine if this chapter has been violated.
(c)  The department shall compensate a place of business located in this state for the actual cost of eggs taken as samples under Subsection (b) of this section.
(d)  A sample of eggs taken under this section or an official certificate of grade is prima facie evidence in the courts of this state of the condition of the entire lot from which the sample is taken.
Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 1073, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.006. Out-of-State Inspection of Records and Expenses

Sec. 132.006.  OUT-OF-STATE INSPECTION OF RECORDS AND EXPENSES.  (a)  If the grade determination and size determination required by Section 132.041 of this code is performed at a location outside of this state, the records relating to eggs of a Texas licensee at that location are subject to inspection by the department as the department considers necessary.
(b)  A licensee whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection.  If a licensee fails to pay those expenses before the 11th day following the day on which the licensee receives an invoice from the department, the department may:
(1)  automatically cancel the person's license;  or
(2)  deny a license to any person who is connected with a person whose license is canceled because of a violation of this section.
(c)  The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed:
(1)  the actual and necessary expenses for food, lodging, and local transportation of the inspector;  and
(2)  the cost of the least expensive available space round trip air fare from Austin to the location to be inspected.
(d)  The department shall schedule as many inspections as feasible within an area on each inspection trip.  If more than one licensee is inspected in an area during an inspection trip, the expenses of the trip shall be divided equitably among the licensees inspected.
(e)  The department shall perform sufficient inspections of the records of out-of-state licensees to ensure that out-of-state licensees selling eggs in Texas pay inspection fees equal to the percentage of out-of-state eggs sold in Texas.  The department may contract with the comptroller of public accounts to perform such inspections.
Acts 1981, 67th Leg., p. 1315, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 915, ch. 216, Sec. 1, Sept. 1, 1983;  Acts 1989, 71st Leg., ch. 1073, Sec. 3, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 235, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter A. General Provisions › Section 132.008. Memoranda of Understanding With Other State Agency

Sec. 132.008.  MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCY.  (a)  The department shall initiate negotiations for and enter into a memorandum of understanding with the Texas Department of Health to coordinate regulatory programs and eliminate conflicting regulatory requirements and inspection standards.
(b)  The department shall enter into an agreement as required by Subsection (a) with the Texas Department of Health regarding the regulation of eggs.
(c)  The department and the Texas Department of Health may enter into memoranda of understanding in areas other than those under Subsections (a) and (b).
(d)  A memorandum of understanding between the department and the Texas Department of Health must be adopted by the commissioner and the governing body of the Texas Department of Health.
(e)  After a memorandum of understanding is adopted, the department shall publish the memorandum of understanding in the Texas Register.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 7.03, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.021. License Required

Sec. 132.021.  LICENSE REQUIRED.  (a)  A person may not buy or sell eggs in this state for the purpose of resale without first obtaining a license from the department.
(b)  This section does not apply to:
(1)  a hatchery buying eggs exclusively for hatching purposes;
(2)  a hotel, restaurant, or other public eating place where all eggs purchased are served by the establishment;
(3)  a food manufacturer purchasing eggs for use only in the manufacture of food products, except for a person who operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing;
(4)  an agent employed and paid a salary by a person licensed under this chapter;  or
(5)  a retailer selling eggs to the ultimate consumer of the eggs.
Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 7.04, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.022. License Categories

Sec. 132.022.  LICENSE CATEGORIES.  (a)  A person who is required by Section 132.021 of this code to be licensed shall apply to the department for licensing in the category described by this section that is appropriate to the actions of the person.
(b)  A person shall apply for licensing as a broker if the person never assumes ownership or possession of eggs but acts as an agent for a fee or commission in the sale or transfer of eggs between a producer or dealer-wholesaler as seller and a dealer-wholesaler, processor, or retailer as buyer.
(c)  A person shall apply for licensing as a dealer-wholesaler if the person:
(1)  buys eggs from a producer or other person and sells or transfers the eggs to a dealer-wholesaler, processor, retailer, consumer, or other person;  or
(2)  produces eggs from the dealer-wholesaler's own flock and disposes of the production on a fully graded basis.
(d)  A person shall apply for licensing as a processor if the person operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing.
(e)  Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(16), eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(16), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.023. Resident Agent for Service

Sec. 132.023.  RESIDENT AGENT FOR SERVICE.  Before receiving a license required by this chapter, an applicant whose home office or principal place of business is outside this state shall file with the department the name of an agent in this state for service of process in actions by the state or the department in the enforcement of this chapter.
Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.024. License Term

Sec. 132.024.  LICENSE TERM.  A license issued or renewed under this chapter is valid for one year.
Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2005, 79th Leg., Ch. 44 (H.B. 901), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.08, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.025. Time for Payment of License Fee

Sec. 132.025.  TIME FOR PAYMENT OF LICENSE FEE.  (a)  An applicant for an initial license shall pay the license fee prior to the issuance of the license.
(b)  An applicant for the renewal of a license must pay the license fee during the last month of the license year.  A person who fails to apply for a renewal license on or before the expiration date must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code.
Acts 1981, 67th Leg., p. 1317, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 127, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.026. Fee for Dealer-Wholesaler License

Sec. 132.026.  FEE FOR DEALER-WHOLESALER LICENSE.  (a)  The license fee for each plant operated by a dealer-wholesaler is provided by department rule.
(b)  The fee for an initial dealer-wholesaler's license shall be adjusted when records of the applicant's first license year are available.
(c)  Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(17), eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1317, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4285, ch. 682, Sec. 8, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.09, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.53, 10.09(17), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.027. Fee for Processor's License

Sec. 132.027.  FEE FOR PROCESSOR'S LICENSE.  (a)  The license fee for each plant operated by a processor is provided by department rule.
(b)  The fee for an initial processor's license shall be adjusted when records of the applicant's first license year are available.
(c)  Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(18), eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1317, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, Sec. 9, eff. Sept. 1, 1983;  Acts 1995, 74th Leg., ch. 419, Sec. 2.54, 10.09(18), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter B. Licensing › Section 132.028. Fee for Broker's License

Sec. 132.028.  FEE FOR BROKER'S LICENSE.  The department shall charge a license fee, as provided by department rule, for a broker.
Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, Sec. 10, eff. Sept. 1, 1983;  Acts 1995, 74th Leg., ch. 419, Sec. 2.55, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.041. Grade Determination and Size Determination

Sec. 132.041.  GRADE DETERMINATION AND SIZE DETERMINATION.  (a)  Grades and sizes established for eggs sold in this state must be established by candling and weighing by a person licensed under this chapter.
(b)  The candling and weighing must be made at:
(1)  the licensee's place of business within this state;  or
(2)  a designated location outside the state.
Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 1073, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.042. Grading and Classification Required

Sec. 132.042.  GRADING AND CLASSIFICATION REQUIRED.  Eggs offered for sale shall be:
(1)  classified as Texas eggs or shipped eggs, as applicable;  and
(2)  graded and weighed according to:
(A)  consumer grade and weight classes, if the eggs are offered for sale to consumers;  or
(B)  wholesale grade and weight classes, if the eggs are offered for sale at wholesale.
Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.043. Inspection Fees

Sec. 132.043.  INSPECTION FEES.  (a)  A person licensed under this chapter who first establishes the grade, size, and classification of eggs offered for sale or sold in this state shall collect a fee, as provided by department rule.
(b)  A processor licensed under this chapter shall pay an inspection fee, as provided by department rule, on the processor's first use or change in form of the eggs processed.
(c)  Licensees required by this section to collect or pay a special fee shall remit the fee monthly in accordance with rules established by the department.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.11, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.56, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.044. Labeling Requirements for Egg Containers

Sec. 132.044.  LABELING REQUIREMENTS FOR EGG CONTAINERS.  (a)  A container in which eggs for human consumption are offered for retail or wholesale must be legibly labeled with a statement showing:
(1)  the size and grade of the eggs in the container;
(2)  the address, including the city and state, and the license number of the person who graded and sized the eggs;  and
(3)  if the eggs were sized and graded at an address other than that provided under Subdivision (2) of this subsection:
(A)  the address at which the eggs were sized and graded;  or
(B)  a department approved code.
(b)  Statements on the egg container must be in accordance with the rules of the department.
(c)  A container required to be labeled under Subsection (a) of this section may not be deceptively labeled, advertised, or invoiced.
(d)  If the department determines that an emergency exists that prevents or hinders labeling as provided by this section, the department may allow eggs to be labeled in another manner that includes the address and license number of a licensee and the size and grade of the eggs.
(e)  The department may provide for the repacking, downgrading, or both repacking and downgrading of eggs by a retailer.
Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 915, ch. 216, Sec. 2, 3, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 235, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.045. Sanitation Required

Sec. 132.045.  SANITATION REQUIRED.  (a)  Eggs shall be handled under reasonably sanitary conditions in compliance with the rules of the department.
(b)  After being received from the producer, shell eggs intended for human consumption shall be handled in a manner that prevents undue deterioration.
(c)  Eggs in the possession of a person engaged in the sale of eggs are presumed to be intended for human consumption unless the eggs are:
(1)  denatured;  or
(2)  labeled in accordance with a specific intended use other than human consumption.
Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.046. Special Requirements for Shipped Eggs

Sec. 132.046.  SPECIAL REQUIREMENTS FOR SHIPPED EGGS.  Shipped eggs coming into Texas in cartons ready for retail sale must be at least Grade A, as established by a Texas licensee.  Shipped eggs coming into Texas loosed packed must be inspected and graded by a Texas licensee at the licensee's place of business in Texas before being sold at retail.  All shipped eggs must be transported under refrigeration in compliance with the rules of the department.
Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter C. Grade Determination, Size Determination, and Labeling › Section 132.047. Uncartoned Eggs

Sec. 132.047.  UNCARTONED EGGS.  (a)  Eggs offered for sale that are not in a carton must be in a container that:
(1)  contains all information required by Section 132.044 of this code;  and
(2)  displays the information in legible letters at least one inch high on a sign attached to the container.
(b)  This section does not apply to a retailer's sale of ungraded eggs if the eggs are clearly labeled as being ungraded and the retailer sells less than 120 dozen eggs a week.
Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter D. Records › Section 132.061. Records

Sec. 132.061.  RECORDS.  (a)  A licensed dealer-wholesaler or processor shall keep on file for two years a complete record of all eggs bought and sold, including:
(1)  the name and address of the person from whom eggs were purchased or to whom eggs were sold;
(2)  the number of cases or dozens of eggs sold in each transaction;  and
(3)  the date of each transaction.
(b)  If a person required to keep records by this section is also a retailer and has purchased eggs in less than case lots, the person need not keep records indicating to whom eggs purchased from a particular dealer-wholesaler are sold.
(c)  A person required to keep records under this section shall make the records available for inspection by the department at all reasonable times.
Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter D. Records › Section 132.062. Invoice

Sec. 132.062.  INVOICE.  A licensed dealer-wholesaler or processor shall:
(1)  deliver with each transaction, sale, or delivery a signed invoice stating the date, quantity, grade, and size of eggs sold;  and
(2)  keep a copy of the invoice for two years.
Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter E. Enforcement › Section 132.071. Stop-Sale Order

Sec. 132.071.  STOP-SALE ORDER.  (a)  If the department determines that eggs are not in compliance with this chapter, the department shall issue and enforce an order to stop the sale of the eggs.
(b)  A person may not sell eggs to which a stop-sale order applies until the department determines that the eggs are in compliance with this chapter.
(c)  A person to whom a stop-sale order is issued may submit the eggs for reinspection to an authorized United States Department of Agriculture inspector.  If on reinspection the eggs fail to meet the specifications of the grades with which they are labeled, the seller must re-mark or re-package the eggs to meet the specifications for their actual grades before selling the eggs.
Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter E. Enforcement › Section 132.0715. Civil Penalty; Injunction

Sec. 132.0715.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to exceed $500 for each violation.  Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty in a legal action on behalf of the state.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.  All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or a rule adopted under this chapter.  On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 128, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter E. Enforcement › Section 132.072. Revocation, Modification, or Suspension of License

Sec. 132.072.  REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.  (a)  The department shall revoke, modify, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or reprimand a licensee for a violation of this chapter or a rule adopted by the department under this chapter.
(b)  If a license suspension 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 proposes to revoke, modify, or suspend a person's license, the person is entitled to a hearing conducted under Section 12.032.  The decision of the department is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.
Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 129, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.27, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter F. Penalties › Section 132.081. General Penalty

Sec. 132.081.  GENERAL PENALTY.  (a)  A person commits an offense if the person violates a provision of this chapter.
(b)  An offense under this chapter is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter F. Penalties › Section 132.082. Selling Inedible Eggs

Sec. 132.082.  SELLING INEDIBLE EGGS.  (a)  A person commits an offense if the person sells, in bulk or in containers, eggs that are not denatured and are inedible for any reason, including eggs that are:
(1)  leakers;
(2)  affected by black, white, or mixed rot;
(3)  addled;
(4)  incubated;  or
(5)  contaminated by a blood ring or an embryo chick at or beyond the blood-ring stage.
(b)  It is an exception to the application of this section that:
(1)  the inedible eggs do not exceed five percent by count of the eggs sold;  and
(2)  the eggs are sold to:
(A)  a dealer for candling and grading;  or
(B)  a breaking plant for breaking purposes.
(c)  An offense under this section is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter F. Penalties › Section 132.083. Improper Use of the Prefix "U

Sec. 132.083.  IMPROPER USE OF THE PREFIX "U.S."  (a)  A person commits an offense if the person uses the prefix "U.S." on grades and weight classes of shell eggs that are not graded under official United States Department of Agriculture supervision.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1321, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 132 - Eggs › Subchapter F. Penalties › Section 132.084. Misleading Advertising

Sec. 132.084.  MISLEADING ADVERTISING.  (a)  A person commits an offense if the person:
(1)  advertises or sells shell eggs below the quality of Grade A by describing the eggs as "fresh," "yard," "selected," "hennery," "new-laid," "infertile," "cage," or with words that have similar meaning;  or
(2)  advertises eggs by price without also indicating the full, correct, and unabbreviated designation of size and grade of the eggs.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1321, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter A. General Provisions › Section 134.001. Definitions

Sec. 134.001.  DEFINITIONS.  In this chapter only:
(1)  "Cultured species" means aquatic animals or plants raised under conditions where at least a portion of their life cycle is controlled by an aquaculturist.
(2)  "Exotic species" means a nonindigenous plant or animal not normally found in the public waters in the state.
(3)  "Aquaculturist" or "fish farmer" means any person engaged in aquaculture or fish farming.
(4)  "Aquaculture" or "fish farming" means the business of producing and selling cultured species raised in private facilities.  Aquaculture or fish farming is an agricultural activity.
(5)  "Private facility" means a pond, tank, cage, or other structure capable of holding cultured species in confinement wholly within or on private land or water or within or on permitted public land or water.
(6)  "Operator" means any person or entity in control of or having responsibility for the daily operation of an aquaculture facility.
(7)  "Commercial aquaculture facility" means an aquaculture facility designed primarily for the production of cultured species for the purposes of sale, barter, or exchange.
(8)  "New aquaculture facility" means a commercial aquaculture facility whose owner or operator initially sought waste discharge authorization from the Texas Natural Resource Conservation Commission after January 19, 1999.
(9)  "Coastal zone" has the meaning assigned by Section 33.004, Natural Resources Code.
Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.  Renumbered from Parks & Wildlife Code, Sec. 48.001 and amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 711 (H.B. 2271), Sec. 2, eff. June 12, 2023.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter A. General Provisions › Section 134.002. Support of Aquaculture

Sec. 134.002.  SUPPORT OF AQUACULTURE.  The department may:
(1)  promote aquaculture products;
(2)  provide technical assistance, including demonstrations, to aquaculturists;
(3)  provide coordinated support through colleges and universities and other governmental entities;
(4)  solicit financial support from the federal government for the aquaculture industry;
(5)  develop and expand the aquaculture industry to:
(A)  stimulate the state's economy;  and
(B)  offer alternative crop opportunities;  and
(6)  perform other functions and activities as required by law.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 27, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter A. General Provisions › Section 134.004. Contracts

Sec. 134.004.  CONTRACTS.  The department, the Texas Commission on Environmental Quality, the Texas Animal Health Commission, and the Parks and Wildlife Department may contract with state, federal, or private entities for assistance in carrying out the purposes of this chapter.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 28, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter A. General Provisions › Section 134.005. Rules

Sec. 134.005.  RULES.  (a)  The department and the Parks and Wildlife Commission shall adopt rules to carry out their respective duties under this chapter.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(8), eff. September 1, 2021.
(c)  The rules may not conflict with rules issued under Section 134.020.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(8), eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.016. Records

Sec. 134.016.  RECORDS.  (a)  The operator of a commercial aquaculture facility shall maintain a record of sales of cultured species for at least one year.  The record is open for inspection by designated employees of the Parks and Wildlife Department during normal business hours.
(b)  A record of sale for commercially protected finfish as provided by Section 66.020, Parks and Wildlife Code, shall contain at least the following information:
(1)  invoice number;
(2)  date of shipment;
(3)  name and address of shipper;
(4)  name and address of receiver;  and
(5)  number and weight of whole fish or fillets, by species, contained in the shipment.
Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.  Renumbered from Parks & Wildlife Code, Sec. 48.008 and amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1239, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 31, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.017. Culture and Sale of Cultured Species

Sec. 134.017.  CULTURE AND SALE OF CULTURED SPECIES.  Cultured species of any kind, size, or number may be raised, possessed, transported, and sold anywhere, at any time, to any person, for any purpose by the operator of a commercial aquaculture facility unless prohibited by the Parks and Wildlife Code or regulation.
Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.  Renumbered from Parks & Wildlife Code, Sec. 48.009 and amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 32, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.018. Sale of Certain Fish

Sec. 134.018.  SALE OF CERTAIN FISH.  (a)  This section applies to the sale of fish:
(1)  that are not on the Parks and Wildlife Department's list of exotic fish, shellfish, and aquatic plants;
(2)  collected from a private facility on private land by a person who operates a commercial aquaculture facility;
(3)  by the owner of the private facility from which the fish were collected;
(4)  to manage the fish population in the private facility; and
(5)  to a person who operates a commercial aquaculture facility.
(b)  Not later than the 30th day after the sale of fish under this section, a buyer who operates a commercial aquaculture facility shall submit a copy of the invoice for the sale to the Parks and Wildlife Department.  The seller and the buyer shall maintain a record of the sale for not less than one year.  The record must contain at least:
(1)  the invoice number;
(2)  the date of the sale;
(3)  the name and address of the seller;
(4)  the physical location of the facility from which the fish were collected;
(5)  the buyer's name and address and the name and address of the buyer's commercial aquaculture facility; and
(6)  the number of fish sold.
(c)  Sections 66.020 and 66.111, Parks and Wildlife Code, do not apply to a sale under this section.
Added by Acts 2005, 79th Leg., Ch. 759 (H.B. 3024), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 33, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.020. Exotic Species

Sec. 134.020.  EXOTIC SPECIES.  (a)  The Parks and Wildlife Commission shall adopt rules regulating the importation, possession, propagation, and sale of harmful or potentially harmful exotic species by an aquaculturist.
(b)  The Parks and Wildlife Commission, after consulting with the commissioner and an individual designated by the chairman of the board of regents of The Texas A&M University System, shall determine and publish a list of harmful or potentially harmful exotic species that an aquaculturist may not import, possess, or sell as part of the person's aquaculture activities.
(c)  An aquaculturist may not release in public water harmful or potentially harmful exotic species except as provided by Section 66.007, Parks and Wildlife Code.
(d)  The Parks and Wildlife Department shall enforce the rules adopted under this section.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.021. Federal Grants

Sec. 134.021.  FEDERAL GRANTS.  Federal grants for research and development of commercial fisheries may be used for individual aquaculture projects.
Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.  Renumbered from Parks & Wildlife Code, Sec. 48.011 and amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.022. Aquaculture Facility Protected

Sec. 134.022.  AQUACULTURE FACILITY PROTECTED.  (a)  A person, other than the owner or operator of an aquaculture facility, may not fish on an aquaculture facility without the consent of the owner or operator.
(b)  A person may not unlawfully, as defined by Section 31.03(b), Penal Code, acquire or otherwise exercise control over cultured species with intent to deprive the owner of the cultured species.
Renumbered from Parks & Wildlife Code, Sec. 48.013 and amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter B. Aquaculture Requirements › Section 134.023. Penalties

Sec. 134.023.  PENALTIES.  (a)  Except as provided by Subsection (b), (c), or (d) of this section, a person who violates any provision of this chapter or rule adopted under this chapter commits an offense that is a Class C misdemeanor.
(b)  A person who violates Section 134.020 commits an offense that is a Class B misdemeanor.
(c)  A person who violates Section 134.022(b) of this code by taking cultured species of a value of $200 or more but less than $750 commits an offense that is a Class A misdemeanor.
(d)  A person who violates Section 134.022(b) of this code by taking cultured species of a value of $750 or more commits an offense that is a felony of the third degree.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1239, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 34, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle A - Bees and Nonlivestock Animal Industry › Chapter 134 - Regulation of Aquaculture › Subchapter C. Interagency Cooperation › Section 134.031. Memorandum of Understanding

Sec. 134.031.  MEMORANDUM OF UNDERSTANDING.  (a)  The Texas Commission on Environmental Quality and the Parks and Wildlife Department shall enter into a memorandum of understanding for the regulation of matters related to aquaculture.
(b)  The Texas Commission on Environmental Quality, after receiving an application for a wastewater discharge authorization from an aquaculture facility, shall provide a copy of the application to the Parks and Wildlife Department.
(c)  The Texas Commission on Environmental Quality and the Parks and Wildlife Department shall ensure that the proposed discharge will not adversely affect a bay, an estuary, or other waters in the state.
(d)  The Parks and Wildlife Department, in consultation with the Texas Commission on Environmental Quality, may establish general guidelines that identify sensitive aquatic habitat within the coastal zone.  The general guidelines must include factors such as the presence of sea grass beds, depth of receiving waters, and amount of tidal exchange.
(e)  If the Parks and Wildlife Department establishes the guidelines described in Subsection (d), the Parks and Wildlife Department must provide the guidelines to the Texas Commission on Environmental Quality.
(f)  If the Parks and Wildlife Department has established the guidelines described in Subsection (d), the Texas Commission on Environmental Quality must consider the guidelines when reviewing wastewater discharge authorization applications for new aquaculture facilities located within the coastal zone, or expansion of existing facilities located within the coastal zone if the expansion will increase the amount of discharge, or change the nature of the discharge, above levels allowed by the wastewater discharge permit.
(g)  In developing the guidelines under Subsection (d) applicable to aquaculture facilities engaged in the production of shrimp in the coastal zone, the Parks and Wildlife Department, in consultation with the Texas Commission on Environmental Quality, shall consider the best management practices that the facilities developed under the direction of the Texas Commission on Environmental Quality.
(h)  In the development of siting guidelines for aquaculture facilities engaged in the production of shrimp in the coastal zone, the best management practices developed by the facilities shall be considered.
Added by Acts 1999, 76th Leg., ch. 1239, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 35, eff. September 1, 2021.