reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 21 - CITRUS › Subchapter F - STATE CERTIFIED CLEAN CITRUS STOCK PROGRAM › Section 21.90 - Purpose and Scope of Program

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) For
				  the purpose of meeting the USDA-APHIS-PPQ requirements for movement of citrus
				  plants out of an area quarantined for citrus greening or citrus canker by USDA
				  and the Department, and for interstate movement in accordance with USDA
				  requirements, the Texas State Certified Clean Citrus Stock Program, consists
				  of:
(1) All citrus plants that have been
				  propagated in accordance with subchapter D of this chapter (relating to Citrus
				  Nursery Stock Certification Program), or in a structure that meets the
				  requirements of USDA-APHIS for interstate movement from an area quarantined for
				  citrus greening or citrus canker; and
(2) Propagated with certified budwood from a
				  recognized and approved budwood source;
(3) Propagated from budwood that originated
				  from a certified increase tree;
(4)
				  Propagated in a continuous progression of certified trees from generation to
				  generation wherein that the original trees were propagated using certified
				  budwood and all progeny propagated and/or used as a source of budwood are
				  identified in a manner to clearly trace the original source of budwood, the
				  year the original budwood was purchased and labeled in accordance to §
											RSA
				  21.36(j) of this title
				  (relating to Increase Trees and Increase Blocks); or
(5) For noncommercial varieties for which
				  certified budwood is not available and which are not to be moved into the
				  Citrus Zone, budwood source trees must have been tested for citrus tristeza,
				  citrus greening or any other pest of regulatory concern within 12 months prior
				  to use for budwood. Nursery stock resulting from the budwood of these varieties
				  shall be sampled and tested according to the USDA-APHIS-PPQ requirements for
				  movement of citrus plants out of a quarantined area. The Department will
				  inspect trees for citrus canker and other pests of regulatory concern during
				  facility inspection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS › Section 22.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions set out in the Texas
				  Agriculture Code, §
									RSA
				  71.041, the following words and terms, when
				  used in this chapter, shall have the following meanings, unless the context
				  clearly indicates otherwise.
(1)
				Beneficial organism--Any pathogen, arthropod, or other biological organism that
				is a predator, parasite, or pathogen of a plant pest and which causes only
				minor or incidental damage, if any, to nursery products and/or floral items
				subject to regulation under the Texas Agriculture Code, Chapter 71.
(2) Distribute--Offer for sale, hold for
				sale, sell, barter, or supply.
(3)
				Event permit--A registration issued by the department for the operation of a
				business holding a valid registration certificate for the purpose of selling
				nursery products and/or floral items at a temporary location, during any
				portion of a 24 hour period.
(4)
				Integrated pest management plan--A department-approved plan for the management
				of plant pests during plant production.
(5) Plant pest--Any pathogen, arthropod, or
				other non-vertebrate biological organism that is detrimental to plants or plant
				products. subject to regulation under the Texas Agriculture Code, Chapter
				71.
(6) Temporary location--A
				non-permanent location where nursery products and/or floral items are sold,
				offered for sale or lease, grown for the purpose of sale or lease, or offered
				as an enticement to promote the sale or lease of other items.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS › Section 22.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Each location where nursery products
				and/or floral items are sold, offered for sale or lease, distributed, grown for
				the purpose of sale or lease, or offered as an enticement to promote the sale
				or lease of other items, shall be registered with the department.
(b) Application for a new certificate must be
				submitted on a form prescribed by the department. Each applicant shall be
				responsible for declaring the proper nursery/floral classification and
				submitting the appropriate fee to the department. Failure to complete the form
				in its entirety may result in denial of the registration.
(c) A registrant shall display a valid
				Nursery/Floral certificate and, when applicable, a valid event
				permit.
(d) Except as provided by
				Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the
				license will be valid for one year and shall expire on the last day of the
				month corresponding to the license anniversary date.
(e) An event permit may be obtained by
				contacting a regional office designated by the department, during regular
				office hours, at least one day prior to the event.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS › Section 22.3 - Nursery/Floral Registration Classifications and Fees

Current through
				Reg. 49, No. 28; July 12, 2024
(a) Registration and renewal fees are:
(1) Class 1--$75. Includes businesses that
				sell, lease, or distribute, but do not grow nursery products and/or floral
				items, such as garden centers, grocery stores, landscape contractors, floral
				shops, interior decorators, and street vendors.
(2) Class 2--$110. Includes permanently
				located businesses that sell, lease, or distribute, nursery products and/or
				floral items and have a growing area of 435,600 square feet (ten acres) or
				less.
(3) Class 3--$145. Includes
				permanently located businesses that sell, lease, or distribute, nursery
				products and/or floral items and have a growing area of 435,601-871,200 square
				feet (in excess of ten acres to twenty acres).
(4) Class 4--$180. Includes permanently
				located businesses that sell, lease, or distribute nursery products and/or
				floral items and have a growing area of 871,201 square feet or more (over
				twenty acres).
(5) Class M--$180.
				Includes businesses that sell, lease, or distribute nursery products and/or
				floral items at temporary markets such as flea markets, arts and craft shows,
				plant or flower shows, or other temporary markets other than that described in
				subsection (c) of this section. Class M registrants must obtain an event permit
				for each day nursery products and/or floral items are sold. Thirty event
				permits are provided at no additional cost under this registration. One event
				permit equals one day (or any portion of a 24 hour period) at one location.
				Selling nursery products and/or floral items for any portion of a 24-hour
				period constitutes the use of one event permit. Additional event permits may be
				purchased in blocks of 10 permits at a cost of $50 per block. There will be no
				limit on the number of blocks that can be purchased.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS › Section 22.4 - Stop-Sale Order and Appeal

Current through Reg. 49, No. 28; July 12,
				2024
(a) Except as
				provided in subsection (b) or (c) of this section, nursery products and/or
				floral items that are infested or infected with a plant pest, or sold from
				unregistered locations are subject to a stop-sale order.
(b) Nursery products and/or floral items
				shall not be placed under a stop-sale order when a plant pest is detected on
				the plants, plant products, or plant production areas if:
(1) the certificate holder is operating under
				an integrated pest management plan approved by the department, and
(2) sale of the nursery products and/or
				floral items infested, infected, or within an infested or infected plant
				production area, is not scheduled to take place within 48 hours.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS › Section 22.5 - Violations and Penalties

Current through Reg. 49, No. 28; July 12,
				2024
In addition to any other violations that may arise under the
				  act or this chapter:
(1) It is a
				violation for any person to falsify an application.
(2) Any violation of these rules is subject
				to civil and criminal penalties. In addition, the department may revoke a
				certificate, and/or assess administrative penalties as prescribed in the Texas
				Agriculture Code, Chapter 12, against any person for a violation of these
				rules.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS › Section 22.6 - Integrated Pest Management Plans

Current through Reg. 49, No. 28; July
				12, 2024
(a) To meet the
				minimum requirements for department approval of an integrated pest management
				plan, the certificate holder must:
(1) agree
				to use multiple approved control tactics to manage, mitigate, or eliminate
				plant pests;
(2) list the control
				tactics to be used;
(3) list the
				scientific name of beneficial organisms used, if any, as a control
				tactic;
(4) specify threshold
				levels, if available, for each plant pest and plant type combination that will
				result in the use of one or more approved control tactics;
(5) specify the methods to be used for
				monitoring the occurrence of plant pests; and
(6) describe the general sanitation practices
				to be used in the production of regulated plants.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 1 - DEFINITIONS › Section 23.1 - Definitions

Current through Reg. 49, No. 28; July 12,
					 2024
The definitions contained in Texas Agriculture Code,
						Chapter 41, Subchapter A and Texas Administrative Code, Title 4, Chapter 1,
						Subchapter A apply to this subchapter. In addition, the following words and
						terms, when used in this subchapter, shall have the following meanings, unless
						the context clearly indicates otherwise.
(1) Commodity process point--Location
					 determined by board where assessments are collected.
(2) County extension agent--An agent of the
					 Texas A&M AgriLife Extension Service.
(3) Legislation--Action with respect to Acts,
					 bills, resolutions, or similar items by the Congress, any state legislature,
					 any local council, or similar governing body, or by the public in a
					 constitutional amendment or other similar procedure, including Acts providing
					 appropriations to state or federal entities.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 2 - REFERENDA AND ELECTIONS › Section 23.21 - Hearing Required for Certification

Current through Reg. 49, No. 28; July 12,
					 2024
Within 21 days of the hearing required by Texas
						Agriculture Code, Chapter 41, Subchapter B to consider the petition of a
						nonprofit organization for certification as the organization authorized to
						conduct an assessment referendum and an election of a commodity producers
						board, the Commissioner may:
(1)
					 certify the organization by issuing an official certificate;
(2) ask for additional information;
					 or
(3) deny certification in
					 writing. If certification is denied, the organization must wait 120 days before
					 petitioning the Commissioner again.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 2 - REFERENDA AND ELECTIONS › Section 23.22 - Election Plan

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Prior to a
					 referendum or an election, an election plan must be submitted to the Department
					 for approval. The election plan must include:
(1) a draft of the notice required by §
												23.23 of this chapter (relating to
					 Notice of Referendum and/or Election) and a description of how it will be
					 provided;
(2) an election timeline,
					 including when the notice required by §
												23.23 of this chapter (relating to
					 Notice of Referendum and/or Election) will be provided, referendum or election
					 date, and canvassing date;
(3) a
					 draft ballot;
(4) a draft of the
					 application for a candidate's name to be printed on the ballot; and
(5) information on whether balloting will be
					 conducted by mail or in person.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 2 - REFERENDA AND ELECTIONS › Section 23.23 - Notice of Referendum and/or Election

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Public notice
					 must be provided prior to a referendum and/or election. Notice shall be
					 provided at least once either in print or electronically in one or more
					 publications within the boundaries in which the board operates and reaches
					 producers.
(b) Notice must be
					 provided to each county extension agent in any county within the boundaries in
					 which the referendum or election will take place.
(c) All notices shall be provided at least 60
					 days before the date of the referendum and/or election and shall include:
(1) the date, hours, and polling places for
					 voting, if held by physical balloting, or, if held by mail balloting, the
					 manner in which ballots will be distributed and deadline for submission of
					 ballots;
(2) where applications for
					 a candidate's name to be printed on the ballot can be obtained and how they can
					 be submitted;
(3) the estimated
					 amount and basis of the assessment proposed to be collected, if
					 applicable;
(4) whether producer
					 exemptions are to be allowed, if applicable;
(5) whether assessments will be collected on
					 a refund only basis, if applicable; and
(6) a description of the manner in which the
					 assessment is to be collected and the proceeds administered and used, if
					 applicable.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 2 - REFERENDA AND ELECTIONS › Section 23.25 - Conduct of Referendum and/or Election

Current through Reg. 49, No. 28; July 12,
					 2024
(a) In the case of
					 a mail election, no ballots will be valid if postmarked after the last day of
					 the election. In physical ballot elections, no absentee ballot will be valid if
					 postmarked after midnight three days before the election.
(b) In physical balloting, balloting
					 locations must be open at hours prescribed by the Commissioner and an election
					 official must be present at all times unless otherwise prescribed by the
					 Commissioner. Ballot boxes must be locked and remain locked until the
					 canvassing committee supervises such opening.
(c) A ballot must bear a signature and the
					 address of the producer to be valid.
(d) Instructions for election officials and
					 voters will be available in each election from the certified commodity
					 organization and approved by the Commissioner.
(e) Ballots will be counted by a canvassing
					 committee consisting of a county judge (or representative) from the area, a
					 county extension agent, a representative of the certified commodity
					 organization or board, and a representative of the Department.
(f) In all elections, results must be
					 submitted to the Commissioner for certification.
(g) All ballots shall be locked in a
					 container and stored with the county clerk's office or the office of the
					 certified organization or board. If no contests arise out of the election
					 within 45 days after the day of the referendum or election, the ballots shall
					 be destroyed by shredding with notice to the certified organization or board
					 and the Commissioner.
(h) Any
					 contest of the referendum and/or election must be filed in a court of competent
					 jurisdiction within 30 days after the ballots have been canvassed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 3 - ASSESSMENTS › Section 23.41 - Enactment of Assessments

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Assessments
					 will be officially enacted the day the board notifies appropriate commodity
					 process points by registered or certified mail indicating the date the
					 assessment will be collected within the assessment area, and remitted as
					 prescribed by the board.
(b) No
					 assessment money can be expended by the board, other than refund payments,
					 until 60 days after the assessment has been enacted.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 3 - ASSESSMENTS › Section 23.42 - Assessment Restrictions

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Assessments may
					 not be used to directly or indirectly promote or oppose the election of
					 candidates for public office or influence legislation.
(1) Entities and individuals receiving
					 funding from a board shall not use funds to support or oppose the election of
					 candidates for public office or influence legislation.
(2) Assessments may not be used to fund
					 research which shall be utilized solely to influence legislation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter A - GENERAL PROVISIONS › Division 3 - ASSESSMENTS › Section 23.43 - Discontinuance of Assessment

Current through Reg. 49, No. 28; July 12,
					 2024
If a referendum is held for the discontinuance of an
						assessment and the Commissioner certifies the results in favor of
						discontinuance, then the assessment collection shall become void immediately.
						All commodity process points shall be notified by registered or certified mail
						by the board within 10 days to discontinue collection of the assessment. The
						board must submit to the Commissioner within 90 days a plan of disbandment. All
						remaining money after obligations have been paid shall be expended for projects
						of research, disease and insect control, predator control, education, and
						promotion, designated to encourage the production marketing and use of the
						agricultural commodity upon which the assessment was levied. Books will be
						audited and will be filed with the Commissioner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.100 - Scope and Conflict of Law

Current through Reg. 49, No. 28; July 12,
				  2024
Texas Agriculture Code, Chapter 41, Subchapter H and this
					 subchapter govern the Beef Promotion and Research Council of Texas and the
					 state beef check off program. To the extent that there is a conflict with other
					 sections of this chapter, this subchapter shall control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.101 - Definitions

Current through Reg. 49, No. 28; July 12,
				  2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Cattle--Live
				  domesticated bovine animals regardless of age.
(2) Commodity process point--Location
				  determined by the Council where assessments are collected.
(3) Council--The Beef Promotion and Research
				  Council of Texas, established pursuant to Texas Agriculture Code, Chapter 41,
				  Subchapter H.
(4) Extension--Texas
				  A&M AgriLife Extension Service.
(5) Headquarters--The principal office of the
				  Texas Department of Agriculture located in Austin, Texas.
(6) Physical balloting --A designated
				  location determined by the Commissioner where an eligible producer may vote in
				  person.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.103 - Conduct of Referendum

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Upon request of
				  the Council, the Commissioner shall conduct and prescribe the manner to conduct
				  a referendum under Texas Agriculture Code, §
										41.162.
(b) Notice of the referendum shall be
				  published at least once in one or more newspapers published and distributed
				  within the boundaries in which the Council operates. The notice shall be
				  published at least 60 days before the date of the referendum. In addition, at
				  least 60 days before the date of the referendum, the Department will give
				  direct written notice to each Extension office in the state.
(c) Notice provided in accordance with
				  subsection (b) of this section shall include:
(1) the date of the referendum;
(2) the manner in which the referendum is to
				  be conducted and the assessment collected;
(3) the purpose of the referendum;
(4) if an assessment referendum is being
				  conducted, the maximum assessment to be paid by producers;
(5) if held by physical balloting, the date,
				  hours, and polling places for voting in the referendum and election, and the
				  manner in which ballots will be distributed and deadline for submission of
				  ballots;
(6) whether a producer
				  exemption is to be allowed, or whether the assessment shall be collected on a
				  refund-only basis; and
(7) who to
				  contact for more information.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.104 - Requirements of the Council

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Council
				  shall have an annual independent audit of the books, records of account and
				  minutes of proceedings maintained by the Council prepared by an independent
				  certified public accountant or firm of independent certified public
				  accountants. The audit shall be filed with the Council and the Commissioner and
				  shall be made available to the public upon request to the Council or the
				  Commissioner. The state auditor or the Department may examine any work papers
				  from the independent audit or may audit the transactions of the Council if the
				  state auditor or the Department's internal auditor determines that an
				  additional audit is necessary.
(b)
				  Not later than the 30th day after the last day of the fiscal year the Council
				  shall submit to the Commissioner a report itemizing all income and expenditures
				  and describing all activities of the Council during the preceding fiscal year.
				  The annual report shall include, at a minimum:
(1) a balance sheet of assets and
				  liabilities;
(2) an itemization of
				  income/expenditures and;
(3) a
				  statement of Council activities carried out in the year covered by the
				  report.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.105 - Collection of Assessments

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The assessment
				  shall be collected at commodity process points. Except as provided by
				  subsection (b) of this section, the commodity process point shall collect the
				  assessment by deducting the appropriate amount from the purchase price of the
				  cattle or from any funds advanced for that purpose.
(b) If the producer and commodity process
				  point are the same legal entity, or if the producer retains ownership after
				  processing, the commodity process point shall collect the assessment directly
				  from the producer at the time of processing/sale.
(c) The secretary-treasurer of the Council,
				  by registered or certified mail, shall notify each known commodity process
				  point of the duty to collect the assessment, the manner in which the assessment
				  is to be collected, and the date on or after which the commodity process point
				  is to begin collecting the assessment.
(d) The amount of the assessment collected
				  shall be clearly shown on the sales invoice or other document evidencing the
				  transaction. The commodity process point shall furnish a copy of the document
				  to the producer.
(e) Unless
				  otherwise provided by the original referendum, no later than the 15th day of
				  each month, the commodity process point shall remit the amount collected during
				  the previous month to the secretary-treasurer of the Council, along with a
				  completed form prescribed by the Council reflecting such amount.
(f) The timeliness of a payment to the
				  Council shall be based on the applicable postmark date or the date actually
				  received by the Council, whichever is earlier.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.106 - Refunds

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A producer who
				  has paid an assessment in accordance with §
										23.105 of this subchapter (relating
				  to Collection of Assessments), may obtain a refund of the amount paid by filing
				  an application for refund with the secretary-treasurer within 60 days after the
				  date of assessment. The application must be on a form prescribed by the Council
				  and accompanied by proof of payment of the assessment.
(b) The timeliness of an application for
				  refund shall be based on the applicable postmark date or the date actually
				  received by the Council, whichever is earlier.
(c) Provided that the assessment has been
				  remitted to the Council by the commodity process point, the secretary-treasurer
				  shall pay the refund to the producer before the 11th day of the month following
				  the month in which the application for refund and proof of payment are
				  received.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 23 - COMMODITY PRODUCERS BOARDS › Subchapter B - BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS › Section 23.107 - Penalties

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any unpaid
				  assessments due to the Council pursuant to §
										23.105 of this subchapter (relating
				  to Collection of Assessments) shall be increased 2.0 percent each month
				  beginning with the day following the date such assessments were due. Any
				  remaining amount due, which shall include any unpaid charges previously made
				  pursuant to this section, shall be increased at the same rate on the
				  corresponding day of each month thereafter until paid. For the purposes of this
				  section, any assessment that was determined at a date later than prescribed by
				  this subchapter because of a person's failure to submit a report to the Council
				  when due shall be considered to have been payable by the date it would have
				  been due if the report had been filed when due.
(b) Upon failure to remit assessments, the
				  Council may use data to determine a fair assessment in order to provide a basis
				  for penalty as found in subsection (a) of this section. Data used by the
				  Council to determine a fair assessment may include, but is not limited to,
				  historical sales trends, market reports, or information provided by other
				  governmental agencies.
(c)
				  Violations of this subchapter may be referred to the Department for assessment
				  of administrative penalties, civil or criminal penalties, or the suspension or
				  revocation of a Department issued license in accordance with Chapter
				  41 of the
				  Agriculture Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 24.2 - Information Submitted to the United States Secretary of Agriculture

Current through Reg. 49, No. 28; July 12, 2024
(a) Not more than thirty (30) days after
				  receiving and compiling the following information, the Department shall provide
				  to the United States Secretary of Agriculture, or the Secretary's designee, the
				  following information related to Department-licensed producers, in accordance
				  with the Department's Information Gathering and Sharing Procedure:
(1) full name of individual or entity,
				  residential or principal business address, telephone number, email address,
				  name and title of each key participant of the entity, and employer
				  identification number, if applicable;
(2) street address, and to the extent
				  practicable, geospatial location for each production location where hemp will
				  be produced in Texas;
(3) acreage
				  dedicated to the production of hemp, or greenhouse or indoor square footage
				  dedicated to the production of hemp;
(4) the total acreage of hemp planted, or
				  square footage for greenhouses, harvested and if applicable, disposed;
				  and
(5) the status and license
				  number of the license holder.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 24.3 - Record Retention

Current through Reg. 49, No. 28; July 12,
				  2024
The Department shall collect and retain, for a period of at
					 least three (3) calendar years information for every license holder, and
					 location where the Department has approved hemp to be produced, handled, or
					 sampled and collected.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 24.4 - Information Submitted to the Department Subject to Open Records Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as established in subsection (b)
				  of this section, information and documents generated or obtained by the
				  Department in connection with the program shall be subject to disclosure
				  pursuant to the TPIA.
(b) With the
				  exception of information that must or may be reported or provided to USDA, the
				  DEA, DPS, or local law enforcement, the Department shall withhold all
				  personally identifiable information from disclosure as required or permitted by
				  the TPIA, including physical address, mailing address, driver's license
				  numbers, background checks, geospatial location, telephone, and email
				  addresses.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter B - FEES › Section 24.5 - Schedule of Licensing and Registration Fees

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) The initial application fee shall be at
				  least $100 for each license application.
(b) The renewal fee shall be at least $100
				  for each annual license renewal application.
(c) The participation fee shall be at least
				  $100. A participation fee shall be assessed for the following, at a minimum
				  for:
(1) each facility;
(2) each lot; and
(3) a processor registration.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter B - FEES › Section 24.6 - Schedule of Sampling, Collection, and Testing Fees

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) The laboratory registration fee shall be
				  in an amount established by the Department.
(b) The fee for sampling and collection
				  conducted by the Department shall be $300.
(c) The license holder shall be responsible
				  for all fees payable to a licensed sampler contracted with the Department to
				  conduct sampling and collection under the Department's hemp program.
(d) The license holder shall be responsible
				  for all fees related to the actual shipment or transport of a hemp sample to
				  the laboratory.
(e) The license
				  holder shall be responsible for all testing fees payable to the
				  laboratory.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter B - FEES › Section 24.7 - Other Fees

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The fee for
				  each Department-issued transport manifest shall be in an amount established by
				  the Department.
(b) The fee for the
				  organic certification of hemp shall be in an amount established by the
				  Department.
(c) The fee to
				  participate in an optional marketing program shall be in an amount established
				  by the Department.
(d) The fee for
				  certification of seed or plants shall be in an amount established by the
				  Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.8 - License Application

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any person who
				  wishes to produce, handle, or sample and collect hemp at any location in the
				  State of Texas shall submit to the Department annually a completed license
				  application in a form prescribed by the Department.
(b) A person who does not hold a valid
				  license from the Department shall not produce, handle, or sample and collect
				  hemp within the State of Texas.
(c)
				  An applicant shall pay the required annual fee for each application, renewal or
				  modification of a license.
(d) A
				  license shall not be issued unless:
(1) the
				  application is submitted online to the Department;
(2) the application is complete and
				  accurate;
(3) the applicant has
				  completed a Department mandatory orientation course;
(4) the applicant for a sampler license has
				  completed an additional Department sampling and collection training
				  course;
(5) the applicant has paid
				  all required fees, in the amounts established by the Department or
				  statute;
(6) the applicant's
				  criminal history confirms that all key participants covered by the license have
				  not been convicted of a felony, under state or federal law, relating to a
				  controlled substance within the past ten (10) years, unless the person was
				  lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and
				  whose conviction also occurred before December 20, 2018;
(7) the application contains no false
				  statements or misrepresentations and the applicant has not previously submitted
				  an application with any false statements or misrepresentations; and
(8) the applicant's hemp license has not been
				  terminated or suspended.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.9 - Ineligibility for a License

Current through Reg. 49, No. 28; July
				  12, 2024
(a) A person
				  under the age of eighteen (18) years of age at the time the application is
				  submitted to the Department is ineligible for a license.
(b) A person who has had a hemp license
				  revoked by the Department, USDA, another state, Indian nation, or U.S.
				  territory is ineligible to apply for participation in the Department hemp
				  program for a period of five (5) years from the date of revocation. Upon
				  application following the five-year exclusionary period, the Department may
				  deny an application for any lawful reason, including previous conduct that
				  occurred while licensed by the Department, USDA, another state, Indian nation,
				  or U.S. territory.
(c) A person who
				  is or has been convicted of a felony relating to a controlled substance under
				  federal law or the law of any state may not, before the 10th anniversary of the
				  date of the conviction, hold a license, or be a key participant of a license
				  holder, or be a governing person of a business entity that holds a license
				  unless the person was lawfully growing hemp under the 2014 Farm Bill before
				  December 20, 2018, and whose conviction also occurred before December 20,
				  2018.
(d) A person who falsifies
				  any information contained in a license application to the Department, or has
				  previously submitted an application to the Department, USDA, another state,
				  Indian nation, or U.S. territory with any materially false statements or
				  misrepresentations is ineligible for a license.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.10 - Criteria for Evaluation of License Application

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) The applicant shall submit a complete
				  application with all required components and attachments.
(b) The applicant's history with other TDA
				  programs, if any, shall demonstrate a willingness to comply with the
				  Department's rules and instructions from Department staff.
(c) The applicant does not owe TDA any money
				  under a final order.
(d) The
				  applicant must not have a criminal conviction described in this
				  subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.11 - Criminal Background Check

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) Each
				  applicant, including each key participant of an entity, shall undergo and pay
				  for an annual criminal background check.
(b) Each license holder must undergo and pay
				  for an additional criminal background check if it changes or adds, prior to the
				  anniversary date of its license, a key participant not previously identified on
				  an application or renewal application.
(c) Each license holder or applicant is
				  required to pay, as a condition to initial or continued licensure under the
				  program, all required criminal background check fees assessed by the
				  Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.12 - Administrative Appeal from Denial of License Application

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) A license applicant may appeal the denial
				  of a license application.
(b) If
				  the Department sustains an applicant's appeal of a licensing denial, the
				  applicant will be issued a license.
(c) If the Department denies an appeal, the
				  applicant's license application will be denied. The applicant may request a
				  formal adjudicatory proceeding within 30 days in writing to review the
				  decision. Such proceeding shall be conducted pursuant to Chapter 12 of the
				  Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.13 - Terms and Conditions for License Holders

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) As an initial and continuing condition of
				  licensure under the Department's hemp program, a license holder consents to
				  entry on and inspection of all locations identified in an initial or renewal
				  application, and all land and premises where hemp or other cannabis plants or
				  materials are located. Such consent includes representatives of the Department
				  or U.S. authority, who may enter such location(s), land, and premise(s) with or
				  without cause, and with or without advance notice.
(b) As an initial and continuing condition of
				  licensure under the Department's hemp program, a license holder has a legal
				  duty and obligation to destroy, at the license holder's expense, in accordance
				  with DEA reverse distributor regulations found at
				  RSA
				  1317.15, and without compensation from the
				  State of Texas, USDA or the federal government, any:
(1) material found in excess of an acceptable
				  hemp THC level;
(2) plants located
				  in an area that is not licensed by the Department; and
(3) plants not accounted for in required
				  reporting to the Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.14 - Restrictions for License Holders

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) A
				  license holder shall not produce or handle any cannabis that is not
				  hemp.
(b) A license holder shall
				  not produce or handle hemp or other cannabis on a facility unless the facility
				  is identified on an application, renewal application or facility addition or
				  modification request approved by the Department.
(c) Hemp shall be physically segregated from
				  other crops unless prior approval is obtained in writing from the
				  Department.
(d) An applicant or
				  license holder shall not include any real property on an application or
				  facility addition or modification request that is not owned or completely
				  controlled by the applicant or license holder, to produce or handle
				  hemp.
(e) A license holder shall
				  not produce or handle hemp or other cannabis on real property owned by or
				  leased from:
(1) a person who is ineligible
				  for licensure under the Department's hemp program; or
(2) a person whose application or renewal
				  application for participation in the Department's hemp program was denied, or
				  whose license was terminated or revoked.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.15 - License Holders Who Transplant

Current through Reg. 49, No.
				  28; July 12, 2024
(a) In
				  order to be eligible to transplant cannabis plants, a license holder must
				  acquire a lot permit for the initial area of cultivation and indicate the final
				  transplantation area, and anticipated date of transplant.
(b) The area where a license holder who
				  transplants initially cultivates cannabis plants and the final transplantation
				  area shall constitute one lot with two (2) registered geospatial
				  locations.
(c) A license holder
				  shall not divide a lot from the initial area of cultivation for transplant into
				  more than one (1) transplantation area.
(d) In the event the initial area of
				  cultivation is not within the same facility as the final transplantation area,
				  the license holder who transplants must request a transport manifest from the
				  Department before transporting a lot of cannabis plants to a separate facility
				  for transplanting purposes. A transport manifest shall be valid for five (5)
				  days from the date of issuance.
(e)
				  A sale or transfer of a lot of cannabis plants from a license holder to another
				  license holder for transplant is considered a harvest.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.16 - Facility Addition or Modification

Current through Reg. 49, No.
				  28; July 12, 2024
(a) A
				  license holder who elects to produce or handle hemp in a facility other than
				  the facility specified by the geospatial location in the applicant's original
				  licensing application shall register the new facility by submitting a facility
				  addition or modification request form and obtain written approval from the
				  Department for the new facility.
(b) In the event the geospatial location of a
				  facility previously registered with the Department changes, the license holder
				  must submit a facility addition or modification request form and obtain written
				  approval from the Department for the modified facility.
(c) Once a license holder obtains approval
				  from the Department, the license holder may cultivate, handle or produce hemp
				  at the newly added or modified facility.
(d) The Department shall not process or
				  approve a facility addition or modification request until the Department has
				  received the required forms and fees.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.17 - Lot Permit

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A license
				  holder must acquire a lot permit from the Department for each lot where the
				  license holder intends to produce or handle hemp prior to producing or handling
				  hemp. The applicant shall submit, at a minimum the license number, geospatial
				  location of the lot where the hemp variety will be planted, the facility where
				  the lot is located, and anticipated dates of cultivation.
(b) An application that is missing required
				  information shall be subject to denial.
(c) A change in the geospatial location of a
				  lot where the hemp variety will be planted will be considered by the Department
				  as a new lot.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.18 - Reporting and Recordkeeping

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  License holders shall maintain records and reports of all hemp plants acquired,
				  produced, handled, sampled and collected, or disposed for at least three years,
				  using a Department form.
(b) All
				  records shall be maintained and made available for inspection by Department
				  inspectors, US authorities, or their representatives, during reasonable
				  business hours. The following records must be made available:
(1) records regarding acquisition of hemp
				  seed or cultivars;
(2) records
				  regarding production of hemp;
(3)
				  records regarding handling of hemp;
(4) records regarding sampling and collection
				  of hemp;
(5) records regarding
				  disposal of all cannabis plants that, upon testing by the Department, the
				  license holder, or US authority, exceeds the acceptable hemp THC level;
				  and
(6) records regarding the
				  transport or proposed transport of hemp, including transport
				  manifests.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter C - LICENSING › Section 24.19 - Registration of Nonconsumable Hemp Processors

Current through Reg.
				  49, No. 28; July 12, 2024
(a) All persons who intend to process
				  nonconsumable hemp products shall register with the Department.
(b) Only a processor registered with the
				  Department shall process nonconsumable hemp products in the State of
				  Texas.