reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.22 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Location, conduct and time of meetings.
				  The Board shall meet in Austin, or other places designated by the Board, on
				  dates to be determined by the department with the advice of the Board, for the
				  purpose of conducting hearings on matters appealed to the Board and/or for the
				  purpose of conducting business authorized by the Texas Agriculture Code,
				  Chapter 103. Meetings will be conducted in accordance with the Open Meetings
				  Act.
(b) Notice of meetings. A
				  written notice of the agenda, date, time and place of each business meeting of
				  the Board and/or hearing conducted by the Board, shall be published in the
				  Texas Register in accordance with the Open Meetings Act. In cases of emergency
				  or urgent public necessity, notice shall be given as authorized by the Open
				  Meetings Act.
(c) Chairman to
				  preside. The chairman of the Board shall preside over all meetings of the Board
				  and shall perform all duties delegated to him or her under these rules. In the
				  chairman's absence, the vice-chairman shall preside over all meetings of the
				  Board, and shall perform all duties of the chairman under these rules. The
				  vice-chairman shall be selected by a majority of Board members present at the
				  time of selection.
(d) Public
				  comment period. As part of its business meetings, the Board shall include a
				  public comment period to allow members of the public to appear and provide
				  comment on matters within the jurisdiction of the Board. This item will be
				  included in the agenda published in the Texas Register for the business
				  meeting.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.23 - Conduct of Hearings of the Produce Recovery Fund Board

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Representation. Parties to proceedings
				  before the Board shall have a right to appear and may be represented by
				  counsel, or any other designated person, and shall have a right to have
				  witnesses appear to testify on their behalf.
(b) Review of Department Record and
				  Presentation By Parties.
(1) In hearing cases
				  in which a Notice of Protest has been filed, the Board shall review and base
				  its determination on the record of the hearing held before the department and
				  any subsequent matters filed by parties to the case which are admitted into the
				  record by the Board, including any exhibits accepted into the record at the
				  hearing before the Board.
(2) The
				  Board may take additional testimony of parties or other witnesses and admit
				  into the record any documentary evidence that it deems necessary to clarify the
				  record of the hearing before the department and/or aid the Board in making its
				  determination on the case.
(3) At
				  the Board's discretion, any party may present oral testimony or argument to the
				  Board by filing with the Board a written request to do so at least five working
				  days prior to the day on which the Board is to consider the case. The Board may
				  waive the five working day requirement for good cause shown.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.24 - The Board's Final Determination

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) All
				  final determinations of the Board shall be in writing and shall set forth
				  findings of fact and conclusions of law as required by the Administrative
				  Procedure Act.
(b) Unless otherwise
				  prohibited by statute or by this chapter, all final Board determinations may be
				  signed by the Chairman, on behalf of the Board. In the event that the final
				  decision of the Board is not unanimous, the final determination may indicate
				  that the vote was not unanimous, and may indicate those members
				  dissenting.
(c) The Board's final
				  determination shall be issued within 60 days of the closing of the record of
				  the case, unless for good cause, the Board members hearing the case are not
				  able to reconvene to deliberate on a case within the 60 day period after the
				  closing of the record.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.25 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12,
				  2024
A motion for rehearing shall be governed by the
					 Administrative Procedure Act, §§2001.145-2001.146. Communications
					 regarding any such motion shall be directed to the Board, and filed with the
					 Hearings Clerk, General Counsel Division, Texas Department of Agriculture. A
					 copy of the motion for rehearing should also be sent to the opposing party
					 and/or designated representative. Board rulings on motions for rehearing may be
					 made by telephone, mail, or other suitable means of communication in accordance
					 with the Administrative Procedure Act, §2001.146. A final determination
					 granting or denying a motion for rehearing may be signed by the Chairman on
					 behalf of the Board.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.26 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
All appeals from final Board determinations shall be
					 governed by the Administrative Procedure Act, Subchapter G, or other pertinent
					 statute.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.1 - Definitions

Current through Reg. 49, No. 28; July 12,
				2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Advertisement--Any
				placard, handbill, sign, newspaper advertisement, radio or television
				advertisement, store marquee, window or roadside sign, online or other related
				advertisements, or any other method of calling the consumer's attention to
				eggs.
(2) Broker--A person who
				never assumes ownership or possession of eggs, or changes the grade or pack of
				eggs, but is engaged in the business of acting as an agent, for a fee or
				commission, in the sale or transfer of eggs between producers or
				dealer-wholesalers as sellers and dealer-wholesalers, processors or retailers
				as buyers.
(3) Case--A 30-dozen egg
				container as used in commercial practice in the United States. The term
				"half-case" shall mean a container of 15 dozen eggs.
(4) Code--The Texas Agriculture
				Code.
(5) Consumer--All persons
				purchasing eggs for consumption and not resale.
(6) Dealer-wholesaler --A person engaged in
				the business of buying from producers or other persons on the person's own
				account and selling or transferring to other dealer-wholesalers , processors,
				retailers, or other persons and consumers. A dealer-wholesaler further means a
				person engaged in producing eggs from the person's own flock and disposing of
				any portion of this production on a graded basis.
(7) Denatured Eggs--
(A) Eggs made unfit for human food by
				treatment or the addition of a foreign substance; or
(B) Eggs with one-half or more of the shell's
				surface covered by a permanent black, dark purple, or dark blue dye.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.2 - Who Must Obtain a License

Current through Reg. 49, No. 28; July 12,
				2024
(a) License
				required. A license must be obtained from the department by the following:
(1) any person who buys or sells eggs in this
				state for the purpose of resale;
(2) each separate facility where eggs are
				graded and/or stored, packed, or processed;
(3) any person who first establishes the
				grade, size, and classification of eggs offered for sale or sold in this state;
				and
(4) any egg broker.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.3 - Application Required

Current through Reg. 49, No. 28; July 12,
				2024
Any person requiring a license may obtain an application from
				  the department. An initial application must be accompanied by the appropriate
				  fees as required by §
									15.4 of this chapter (relating to
				  Fees). A license may be renewed when accompanied by a renewal application and
				  the fees required by §
									15.4 of this chapter (relating to
				  Fees), provided fees required by §
									15.5 of this chapter (relating to
				  Special Fees) have been reported and paid. A person failing to renew a license
				  after it has expired will be charged late fees in accordance with the Code,
				  §12.024.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.4 - Fees

Current through Reg. 49, No. 28; July 12,
				2024
(a) The fee
				schedule for a dealer-wholesaler is:
Attached
				  Graphic
(b) The
				fee schedule for a processor is:
Attached
				  Graphic
(c) The
				license fee for a broker is $500.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.5 - Special Fees

Current through Reg. 49, No. 28; July 12,
				2024
(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 of $0.04 per case of eggs on the first sale of the eggs.
(b) A processor licensed under this chapter
				shall pay a fee of $0.04 per case of eggs 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 as required by §
									15.9 of this chapter (relating to
				Reports and Records).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.7 - Storage Requirements

Current through Reg. 49, No. 28; July 12,
				2024
(a) To prevent
				undue deterioration, all packed eggs shall be stored under refrigeration at a
				temperature of 45 degrees Fahrenheit or less; provided, however, that any
				different temperature standard adopted by the United States Department of
				Agriculture or the United States Food and Drug Administration shall prevail.
				Such eggs shall be transported and held in areas that are clean and sanitary,
				and shall not be stored or transported with or adjacent to any contaminating
				source or materials.
(b) Eggs which
				are shipped across the state line into Texas shall be transported under
				refrigerated conditions at the same temperature as required by subsection (a)
				of this section.
(c) All eggs
				obtained or purchased from a broker or the mercantile trade exchange must be
				identified by a lot number affixed to the end of the egg case when first placed
				in storage. The person that takes first possession of these eggs after
				receiving them in this state shall be liable for compliance with this
				subsection and also shall be liable for payment of the fee as prescribed by
				§
									15.5 of this chapter (relating to
				Special Fees). Upon receiving these eggs, the same person will be held
				responsible for the proper labeling of these eggs to comply with this chapter
				and Chapter 132 of the Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.8 - Labeling Requirements

Current through Reg. 49, No. 28; July 12,
				2024
(a) Commercially
				printed cartons.
(1) All commercially printed
				retail cartons utilized must set out the following information except as
				provided in paragraph (3) of this subsection:
(A) the size, grade, and quantity of the
				eggs. This information must be legibly printed on the top principal display
				panel of the carton in boldface type. No reference may be made to any grade or
				size other than that claimed;
(B)
				the Texas egg license number of the licensee, which is the person that places
				or packs the eggs in the retail container. This license number shall be
				displayed in legibly printed boldfaced numerals and be placed on the top or
				either of the two sides of the egg carton in the same vicinity and type size as
				the address, city, and state of the licensee. This must be the license number
				of the actual packer rather than that of the second party for whom the eggs may
				be packed; and
(C) the post office,
				street address, or route number, and city and state of the Texas licensed
				facility where the eggs were actually graded, labeled, sized, and/or packed.
				This information shall be legibly printed in boldface capital letters and shall
				be displayed on the carton in the same vicinity and type size as the Texas egg
				license number.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.10 - Inspections

Current through Reg. 49, No. 28; July 12,
				2024
(a) Records and
				invoices shall be available and open for inspection by the department during
				normal business hours.
(b) The
				department shall for the purpose of enforcing Chapter 132 of the Code and this
				chapter have the authority to break any form of sealing on any case or retail
				container. In the event that a broken seal necessitates the repacking of such
				cases or containers, the original packer and said packer shall absorb all
				expenses involved.
(c) A carton of
				eggs with cracked and/or leaking eggs must be removed from a retail display on
				a daily basis.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.11 - Retail Egg Replacement

Current through Reg. 49, No. 28; July 12,
				2024
(a) Replacement
				requirements. A retailer approved by the department in accordance with this
				section and operating under the conditions of a compliance agreement, may
				replace missing or damaged eggs provided:
(1)
				only eggs of the same packer, as evidenced by the license number printed or
				stamped on the carton or container, are used for replacement;
(2) only eggs of the same grade and size, as
				evidenced by the label on the carton or container, are used for
				replacement;
(3) only eggs with the
				same expiration date, lot code, or Julian date, as evidenced by the label or
				stamp on the carton or container, are used for replacement;
(4) only eggs from the same brand, as
				evidenced by the label, are used for replacement eggs;
(5) eggs adjacent to eggs that have leaked
				into the carton or container and are in contact with the spilled egg content
				shall not be used as replacement eggs; and
(6) only eggs that are visibly clean with no
				prominent stains, adhering dirt, debris, fecal matter, or other foreign
				material are used for replacement.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.12 - Violations

Current through Reg. 49, No. 28; July 12,
				2024
(a) The label on an
				egg carton or container shall be considered false or deceptive if:
(1) the eggs in the carton or container are
				not of the quality or size indicated by the label;
(2) the label bears any statement that is
				false or misleading;
(3) the label
				bears any qualifying words with reference to size and quality, which are in any
				way misleading;
(4) the eggs in the
				carton or container are represented as being "fresh" and are not of "AA" or "A"
				quality;
(5) the descriptive
				language or artwork on the carton or container misrepresents, misleads, or
				misinforms the consumer as to the method, locality, or quality of egg
				production; or
(6) the carton or
				container bears more than one Texas egg license number or the address, city,
				and state of any person other than the actual packer, unless specific approval
				has been granted.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.13 - Penalties

Current through Reg. 49, No. 28; July 12,
				2024
Those persons failing to adhere to the provisions of this
				  chapter, shall be subject to the appropriate criminal penalty as provided in
				  the Code, §132.081. A violation of this chapter is also subject to an
				  administrative penalty not to exceed $500 per violation. Each day a violation
				  continues may be considered a separate violation for purposes of a penalty
				  assessment. The department may also seek appropriate injunctive
				  relief.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter B - LIVESTOCK FACILITIES › Section 17.30 - Purpose and Definitions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Purpose. The
				  purpose of these rules is to ensure that the animals at the Texas Department of
				  Agriculture livestock facilities are secured in quarters that meet the
				  requirements and guidelines established by the United States Department of
				  Agriculture and the receiving country.
(b) Definitions. The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Consignor--Owner, broker, or other person consigning livestock to the livestock
				  facilities or otherwise engaging the services of the facilities.
(2) Exotic fowl--Any avian species that is
				  not indigenous to this state.
(3)
				  Exotic livestock--Grass-eating or plant-eating, single-hoofed or cloven-footed
				  mammals that are not indigenous to this state and are known as ungulates,
				  including animals for the swine, horse, tapir, rhinoceros, elephant, deer, and
				  antelope families.
(4) Livestock
				  facilities--The livestock facilities operated by the department in Brownsville,
				  Del Rio, El Paso, Houston, and Laredo pursuant to Texas Agriculture Code
				  Chapter 146, Subchapter B.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter B - LIVESTOCK FACILITIES › Section 17.32 - Hours of Operation of Livestock Facilities

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Business hours. Business hours for the
				  livestock facilities shall be from 8 a.m. until 5 p.m. Monday through Friday,
				  except for state and federal holidays. When necessary, livestock facility
				  managers may, at their discretion, alter these normal hours of operation. If
				  deemed necessary by the department, livestock facilities located along the
				  Texas-Mexico border may remain open on certain state or federal holidays.
				  Additionally, the facilities may close, or exports of livestock may not occur,
				  on official Mexican holidays.
(b)
				  Special arrangements. Arrangements for receiving, shipping, handling, or
				  feeding of livestock during times other than normal working hours must be made
				  with the respective livestock facility manager or office manager prior to 4
				  p.m. on normal work days, Monday through Friday, exclusive of holidays.
				  Requests for operation of facilities during nonbusiness hours shall be made at
				  least 24 hours in advance.
(c)
				  Operations during nonbusiness hours. Consignors who use the livestock
				  facilities at times other than the business hours provided in subsection (a) of
				  this section shall be assessed a surcharge consisting of $100 per shipment plus
				  $50 per departmental employee per hour or portion of an hour that is worked
				  during the nonbusiness hours. The surcharge established by this subsection is
				  not applicable to the Houston livestock facility.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter B - LIVESTOCK FACILITIES › Section 17.33 - Access to Livestock Facilities

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  General public. Users of the livestock facilities are permitted to operate
				  their motor vehicles and livestock trailers in the facility parking and
				  loading/unloading areas; parking is permitted in designated areas only. These
				  persons may also use the facility waiting areas and restrooms. Due to safety
				  and security concerns, non-employees are forbidden from entering all other
				  areas of the livestock facilities, including livestock holding pens, lanes, and
				  chutes, as well as all inside office and storage areas. Anyone seeking access
				  to the inside offices, livestock holding pens, lanes, and chutes must obtain
				  the approval of, or be accompanied by a facility employee.
(b) Government employees. Employees of the
				  department, the United States Department of Agriculture, and the Mexican
				  Secretariat for Agriculture and Water Resources may have full access to the
				  facilities as is required to carry out their responsibilities for the
				  inspection and handling of livestock.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.50 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The GO TEXAN Program is an initiative of the Texas
					 Department of Agriculture dedicated to the purposes of promoting and
					 encouraging the development and expansion of markets for Texas agricultural
					 products and other products grown, processed, or produced in the State of
					 Texas.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the general definitions contained within
					 Title 4, Part 1, Chapter 1, §1.1, the following words and terms, when used
					 in this subchapter, shall have the following meanings, unless the context
					 clearly indicates otherwise. For purposes of this subchapter, the department
					 shall have sole discretion to determine whether a product meets the
					 qualifications defined in this section.
(1) Associate GO TEXAN Registrants--Persons
				  who apply and are granted limited use of the mark by the department for
				  assistance in the promotion and implementation of the GO TEXAN
				  Program.
(2) Equine species--A
				  horse, pony, mule, or donkey that was foaled in Texas or has resided in Texas
				  for at least one year.
(3)
				  Food--Agricultural products produced or processed in Texas for human
				  consumption.
(4) GO TEXAN
				  certification mark--The GO TEXAN certification mark is a certification mark
				  that is registered with the United States Patent and Trademark Office and the
				  Texas Secretary of State's office by the department. The GO TEXAN certification
				  mark appears as follows:
Attached
					 Graphic
(5) GO
				  TEXAN Program--A Texas Department of Agriculture initiative promoting
				  Texas-made, grown, manufactured, or processed products; services; and
				  communities; and supporting Texas-based businesses and connecting them with
				  customers across the Lone Star State and around the world.
(6) Horticulture products--Nursery, floral,
				  and greenhouse plants or plant products produced in Texas from seeds, rootings,
				  cuttings, tissue cultures, seedlings, or other propagation materials. Non-Texas
				  plants being produced for such a period during which they are transplanted or
				  increased in plant size and volume of container. Texas and non-Texas produced
				  plant-based horticulture products processed in Texas.
(7) Mark--The GO TEXAN certification
				  mark.
(8) Natural fibers--Fibers
				  which have been produced from Texas crops or shorn from Texas livestock and
				  which are used in textiles, apparel, and other goods. The term "natural fibers"
				  also includes leather made from the hides of animals and reptiles.
(9) Natural woods--Forestry products produced
				  from Texas hardwood and softwood timber including, but not be limited to,
				  furniture, home furnishings, building construction materials, pulp, and
				  paper.
(10) Other Products--
(A) Any product produced in Texas which is
				  not a Texas agricultural product, as defined in paragraph (19) of this section,
				  but is:
(i) produced, manufactured,
				  constructed, or created within the state; or
(ii) is processed within the state such that
				  it has been altered by a mechanical or physical value-added procedure in Texas
				  to change or add to its physical characteristics; and
(iii) such product enhances the GO TEXAN
				  Program;
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.53 - Action on Application

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Application.
				  Within 30 days of receipt of an application for registration, the department
				  shall make an initial determination of whether such registration permission
				  shall be granted or denied, and notify the applicant in writing. If the
				  applicant is denied registration, then the applicant shall be provided a reason
				  for such denial.
(b) Denial. An
				  application or renewal of registration for the GO TEXAN Program and associated
				  use of the GO TEXAN certification mark may be denied if:
(1) application is not made in compliance
				  with §
											17.52 of this subchapter (relating
				  to Application for Registration to Use the GO TEXAN Certification
				  Mark);
(2) the applicant cannot
				  provide adequate assurances that the product or service for which application
				  is made qualifies and will continue to qualify for the program(s) in which it
				  is enrolled;
(3) the product is of
				  a quality markedly inferior to that representative of similar products produced
				  in Texas;
(4) the applicant has
				  misused the GO TEXAN certification mark prior to the date of application;
(5) applicant's use of the GO
				  TEXAN certification mark would either:
(A)
				  impair or frustrate the department's efforts to expand or encourage development
				  of the markets for Texas agricultural and other products; or
(B) fail to enhance the integrity and image
				  of the GO TEXAN Program, as determined by the department; or
(6) it has been determined not to
				  be in accordance with department policy.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.55 - Registration and Use of the GO TEXAN Certification Mark

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Registration. An annual fee for
				  registration in the GO TEXAN Program shall be paid to the department.
				  Registration fees are based on the applicant's tier selection at time of
				  application. Applicants may select from four different levels of participation
				  in the GO TEXAN Program, defined in paragraphs (1) - (4) of this subsection.
				  Registrants in good standing with a current registration shall be granted
				  licensed use of the GO TEXAN certification mark in accordance with guidelines
				  prescribed in this subchapter. In addition to the benefit of using the GO TEXAN
				  certification mark, registrants shall also be entitled to benefits offered by
				  the department and described in greater detail at
www.gotexan.org
. All benefits are subject to
				  continued authorization and appropriation of the GO TEXAN Program by the Texas
				  Legislature.
(1) Tier 1 - $100.
(2) Tier 2 - $500.
(3) Tier 3 - $1,000.
(4) Champion Sponsor - Sponsorship levels
				  begin at $5,000.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.56 - Termination of Registration To Use the GO TEXAN Certification Mark

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration to use the GO TEXAN
				  certification mark may be revoked at any time if the mark is misused, as
				  determined by the department.
(b)
				  Misuse of the GO TEXAN certification mark includes, but is not limited to:
(1) use of the mark in the selling,
				  advertising, marketing, packaging, or other commercial handling of a product or
				  service for which registration to use the mark has not been granted by the
				  department;
(2) use of the mark in
				  the selling, advertising, marketing, packaging, or other commercial handling of
				  a product which is of a quality markedly inferior to that representative of
				  similar products produced in Texas;
(3) use of the mark that would either:
(A) impair or frustrate the department's
				  efforts to expand or encourage development of the markets for Texas
				  agricultural and other products; or
(B) fail to enhance the integrity and image
				  of the GO TEXAN Program, as determined by the department; or
(4) use of the mark in a manner
				  violating any rule promulgated by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.57 - Associate GO TEXAN Registrants

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  Statement of purpose; Applicability. This section authorizes retailers,
				  qualified livestock shows, distributors, communities, restaurants, and other
				  entities to become associate GO TEXAN participants and assist the department
				  with the promotion and implementation of the GO TEXAN Program.
(b) Application process.
(1) Application to use the GO TEXAN
				  certification mark in accordance with this section shall be made in the same
				  manner as provided in §
											17.52 of this subchapter (relating
				  to Application for Registration To Use the GO TEXAN Certification
				  Mark).
(2) Except as otherwise
				  provided in this section, §§
											17.53,
				  17.55, and
				  17.56 of this subchapter (relating
				  to Action on Application, Registration and Use of the GO TEXAN Certification
				  Mark, and Termination of Registration To Use the GO TEXAN Certification Mark,
				  respectively) shall apply to entities certified under this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.59 - Non-Agricultural Member; Other Products; Products Produced in this State

Current through Reg. 49, No. 28; July 12, 2024
(a) Permission to use the GO TEXAN
				  certification mark. Permission to use the GO TEXAN certification mark may be
				  granted by the department to registrants who have been properly certified as a
				  "Non-Agricultural Member" to promote Texas "Other Products", as defined in
				  §
										17.51 of this subchapter (relating
				  to Definitions).
(b) Application
				  process:
(1) Application to use the GO TEXAN
				  certification mark in accordance with this section shall be made in the same
				  manner as provided in §
											17.52 of this subchapter (relating
				  to Application for Registration to Use the GO TEXAN Certification
				  Mark).
(2) Except as otherwise
				  provided in this section, §§
											17.53,
				  17.55, and
				  17.56 of this subchapter (relating
				  to Action on Application, Registration and Use of the GO TEXAN Certification
				  Mark, and Termination of Registration To Use the GO TEXAN Certification Mark,
				  respectively) shall apply to entities certified under this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.63 - Licensing of the GO TEXAN Certification Mark

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Except as specifically authorized under
				  this subchapter, no person may depict, display, or use, in any manner, the GO
				  TEXAN certification mark without obtaining prior written permission from the
				  department. A person may seek such permission by filing an application for use
				  of the GO TEXAN certification mark with the department. All information
				  submitted with a request for license becomes the property of the
				  department.
(b) A request for a
				  license under this section must be accompanied by a $50 non-refundable
				  application fee.
(c) Upon approval
				  of a request, a licensee under this section shall pay a one-time royalty fee of
				  $1,000. Failure to pay the licensing fee within 30 days of approval shall
				  result in denial of the license and cancellation of the approved
				  request.
(d) A license under this
				  section is not required for the depiction, display, or use of the GO TEXAN
				  certification mark under the following circumstances:
(1) use of the GO TEXAN certification mark to
				  promote the GO TEXAN Program for an historical, educational, or other purpose
				  that benefits the public if authorized in writing by the department prior to
				  such use; or
(2) use authorized by
				  §§17.52(b), 17.55(c)(1), 17.57(c)(2), and 17.59(a) of this subchapter
				  (relating to Application for Registration to Use the GO TEXAN Certification
				  Mark, Registration and Use of the GO TEXAN Certification Mark, Associate GO
				  TEXAN Registrants, and Non-Agricultural Member; Other Products; Products
				  Produced in this State, respectively).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter D - CERTIFICATION OF FARMERS MARKET › Section 17.70 - 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) Applicant--A
				  farmers market manager or other authorized agent for a specified farmers market
				  association.
(2) Certified farmers
				  markets--Farmers markets that have opted to be voluntarily certified by the
				  department pursuant to this subchapter.
(3) Farmers market--An association operating
				  one or more locations at which a group of two or more farmers offer produce for
				  retail sale.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter D - CERTIFICATION OF FARMERS MARKET › Section 17.71 - Issuance of Certificate

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The
				  commissioner shall certify farmers markets in accordance with this subchapter.
				  Upon certification of a farmers market, the commissioner shall issue a farmers
				  market certificate. Certified farmers markets agree to comply with local
				  municipal, county and state health and safety regulations, and general
				  requirements of the department.
(b)
				  An annual certification fee will be assessed to all markets with their
				  application. The fee will be based on the number of weeks per year the market
				  operates. The number of weeks is calculated on a seven-day (Sunday-Saturday)
				  basis. For any single or multiple days of operation that fall within a week,
				  the week shall count toward the number of weeks of operation. Fees will be as
				  follows:
(1) 1-26 weeks per year - $50, for
				  markets that are not members of the department's GO TEXAN program, set out in
				  Subchapter C of this chapter (relating to GO TEXAN Certification Mark), and $25
				  for markets that are members of the department's GO TEXAN program;
(2) 27-52 weeks per year - $100, for markets
				  that are not members of the department's GO TEXAN program and $50 for markets
				  that are current members of the department's GO TEXAN
				  program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter D - CERTIFICATION OF FARMERS MARKET › Section 17.72 - Application Process

Current through Reg. 49, No. 28; July 12,
				  2024
(a) An applicant
				  seeking voluntary certification must submit a completed application on a form
				  approved by the department to the state headquarters in Austin. Application
				  forms may be obtained online at
www.texasagriculture.gov
. Once the
				  application is received, reviewed and approved, an invoice will be emailed to
				  the designated contact for payment online within 5 business days.
(b) Within 15 days of receipt of a completed
				  application for certification, the commissioner or an authorized agent shall
				  notify the applicant in writing of the approval or denial of his application.
				  If approved, the department shall issue to the recipient the farmers market
				  certificate, which shall expire on the following January 31.
(c) Certifications must be renewed annually.
				  The department shall send each certified farmers market a renewal form setting
				  forth the requirements for renewal. Within 30 days of receipt of the renewal
				  form, the farmers market shall complete and return the form to the department,
				  together with all the items required by §
										17.73(2) of this
				  chapter (relating to Eligibility Requirements) to be filed with the department
				  on an annual basis.
(d)
				  Applications must be submitted for the calendar year period. Fees shall not be
				  prorated.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter D - CERTIFICATION OF FARMERS MARKET › Section 17.73 - Eligibility Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
A farmers market is eligible for certification if:
(1) a completed farmers market application
				  form is submitted;
(2) the
				  applicant has filed annually with the department at the state headquarters in
				  Austin, a copy of the farmers market association bylaws, a list of the members
				  of the governing body, a list of the association members, identifying those
				  members that are farmers selling their own produce, a description of the market
				  location, and the seasons, days, and hours of operation;
(3) at a minimum, 75 percent of all
				  agricultural products sold through the farmers market are grown in
				  Texas;
(4) at least two or more of
				  its members are farmers selling their own produce; and
(5) all agricultural products sold at the
				  market are of merchantable quality.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter D - CERTIFICATION OF FARMERS MARKET › Section 17.74 - Withdrawal of Certification

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A farmers
				  market's certification may be withdrawn for failure to adhere to any of the
				  requirements set out in §
										17.73 of this chapter (relating to
				  Eligibility Requirements), including failure of the farmers market association
				  to enforce any of the mandatory bylaws provisions, or violation of any general
				  rules and regulations of the department.
(b) Proceedings for the revocation of
				  certification shall be conducted in the manner provided for contested cases by
				  the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Part
				  1, Chapter 1, Subchapter A of this title (relating to General Rules of Practice
				  ).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter J - GO TEXAN CERTIFIED RETIREMENT COMMUNITY PROGRAM › Section 17.600 - 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) Applicant--A
				  unit of general local government seeking membership certification in the Go
				  Texan Certified Retirement Community Program.
(2) Application--Written request for
				  certification under the Go Texan Certified Retirement Community Program in the
				  format prescribed by the department.
(3) Commissioner--The commissioner of
				  agriculture of the State of Texas or the commissioner's designee.
(4) Department--The Texas Department of
				  Agriculture.
(5)
				  Guidelines--Guidelines promulgated by the department for completing the
				  application for the Program and administration of the program.
(6) Local government--An entity defined as a
				  unit of general local government in
				  RSA
				  5302(a)(1).
(7) Program--The Go Texan Certified
				  Retirement Community Program.
(8)
				  Sponsor--A board, organization or panel designated in the application by the
				  applicant to serve as the community's primary contact regarding all aspects of
				  the Program.
(9) Staff--Staff of
				  the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter J - GO TEXAN CERTIFIED RETIREMENT COMMUNITY PROGRAM › Section 17.601 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Go Texan Certified Retirement Community Program is
					 established to:
(1) promote Texas as a
				  retirement destination to retirees and potential retirees both in and outside
				  Texas;
(2) assist Texas communities
				  in their efforts to market themselves as desirable retirement locations and to
				  develop communities that retirees would find attractive for a retirement
				  lifestyle;
(3) assist in the
				  development of retirement communities and long term living communities for
				  economic development purposes and as a means of providing a potential workforce
				  and enriching Texas communities; and
(4) increase tourism to Texas by promoting
				  the state as a desirable retirement location to visitors and those seeking
				  retirement options in Texas.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter J - GO TEXAN CERTIFIED RETIREMENT COMMUNITY PROGRAM › Section 17.602 - Application; Review; Fees

Current through Reg. 49, No. 28; July 12,
				  2024
(a) General
				  information.
(1) An applicant community must
				  be a unit of general local government.
(2) Sponsor required.
(A) The applicant must designate a sponsor
				  that will be responsible for working with the department during the application
				  process and will serve as the primary contact for disseminating information to
				  potential retirees through the Program if the certification is granted. The
				  sponsor should be a recognizable entity within the community, have a physical
				  location with regular office hours, and should have the capacity and resources
				  to manage the community's retirement recruitment efforts.
(B) After approval, a Go Texan Certified
				  Retirement Community may change the sponsor by notifying the department in
				  writing.
(3) Program
				  guidelines and applications are available on the agency website
				  www.retireintexas.org, or from Texas Department of Agriculture, Marketing and
				  International Trade, P.O. Box 12847, Austin, Texas 78711.
(4) Each applicant must submit a completed
				  application to: Texas Department of Agriculture, Marketing and International
				  Trade, P.O. Box 12076, Austin, Texas 78711.
(5) No changes to the application will be
				  allowed after the application is submitted, unless they are a result of Staff
				  recommendations.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter J - GO TEXAN CERTIFIED RETIREMENT COMMUNITY PROGRAM › Section 17.603 - Providing Assistance to Certified Communities

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) The department shall provide the
				  following assistance to certified communities:
(1) training opportunities for community
				  representatives;
(2) guidance in
				  marketing, plus updates on retirement trends;
(3) inclusion in the department's electronic
				  marketing efforts, public relations campaigns and promotions;
(4) information on cooperative participation
				  in the development of advertising materials, including, but not limited to:
				  literature, advertising and signage; and
(5) opportunities to partner with state,
				  regional and national tourism associations, other state agencies and/or other
				  program partners to develop cooperative campaigns promoting the community.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter J - GO TEXAN CERTIFIED RETIREMENT COMMUNITY PROGRAM › Section 17.604 - Certification and Use of "Texas Certified Retirement Community" or Other Department Marks; Expiration and Renewal of Certificate

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) Certification. Certification under this
				  program shall entitle the community to use the GO TEXAN Certified Retirement
				  Community certification mark to promote the community to retirees, potential
				  retirees and to any other interested parties. Use of the mark is subject to the
				  rules set forth in §
										RSA
				  17.55 of this chapter (relating to
				  Registration and Use of the GO TEXAN Certification Mark).
(b) Expiration and renewal of Certification.
(1) A community's certification expires on
				  the fifth anniversary of the date the initial certification is
				  issued.
(2) To be considered for
				  recertification by the department an applicant community must complete and
				  submit a new application.
(3) The
				  department shall invoice applicant for required fees upon tentative approval of
				  the application.
(4) The applicant
				  will not receive final approval until required fees have been received by the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter K - GO TEXAN - MARKETING ENHANCEMENT GRANT ASSISTANCE PROGRAM › Section 17.700 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The GO TEXAN-Marketing Enhancement Grant Assistance Program
					 is designed to provide grant funds to GO TEXAN partners to assist with the
					 marketing and promotion of certified Texas agricultural products, including
					 those that have been produced, processed, or otherwise had value added to the
					 product in Texas; certified Texas non-agricultural products; Associate GO TEXAN
					 Registrants; or the GO TEXAN Program.