Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 17 - MARKETING AND PROMOTION › Subchapter C - GO TEXAN PROGRAM › Section 17.52 - Application for Registration to Use the GO TEXAN Certification Mark

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall use, employ, adopt, or
				  utilize the GO TEXAN certification mark, unless prior application for
				  registration has been made to the department and permission has been granted.
				  In addition to any other fee that may be assessed under this chapter, the
				  department may assess a fee or royalty as described in §
										17.63 of this subchapter (relating
				  to Licensing of the GO TEXAN Certification Mark) for use of the GO TEXAN
				  certification mark.
(b) Unless
				  permission is otherwise granted by the department, the GO TEXAN certification
				  mark may only be used by registrants in accordance with these rules and
				  department guidance to certify and promote the following Texas products:
(1) agricultural products produced in
				  Texas;
(2) agricultural food
				  products processed in Texas, regardless of origin, and unprocessed agricultural
				  food products grown in Texas. A food service company, excluding restaurants, is
				  not eligible for registration unless it processes a packaged product for
				  resale, in which case the mark may only be used to promote the specific
				  program-eligible products. Food service companies may not use the mark to
				  promote the approved business or its services in a manner that would mislead
				  consumers to believe it was a GO TEXAN registrant;
(3) wine produced in Texas or processed in
				  Texas, as defined in §
											17.51 of this subchapter (relating
				  to Definitions). Wine meeting this standard, but consisting of less than 75
				  percent Texas-grown fruit, may not use the GO TEXAN certification mark on the
				  label, bottle or cork. GO TEXAN registrant wineries may continue to use the
				  mark on their general marketing materials and participate in GO TEXAN
				  promotions;
(4) Texas-grown
				  nursery, floral, and forestry products;
(5) leather, textile, or apparel products
				  approved by the department as being:
(A)
				  composed of 50% or greater natural fibers derived from crops or livestock grown
				  or raised within the State of Texas, the identity of the fibers having been
				  preserved throughout processing so as to be verifiable by satisfactory
				  documentation as having originated in Texas; or
(B) composed of 50% or greater natural
				  fibers, regardless of where grown or raised, which have been processed into
				  leather, textile, or apparel products within the State of Texas in a manner
				  which substantially changes their form, and, if composed of natural fibers
				  derived from crops or livestock grown or raised outside the State of Texas, the
				  natural fibers must be of a type commercially produced within the State of
				  Texas;
(6) horticulture
				  product(s);
(7) meat(s). In order
				  to be certified as "GO TEXAN", meat(s), applicants must meet the following
				  criteria:
(A) Livestock or exotic animals must
				  have been born, raised, fed, slaughtered and/or products therefrom fabricated
				  in Texas.
(B) For purposes of this
				  paragraph, "fabricated" shall be defined as the process of taking a carcass and
				  cutting the carcass into wholesale or retail cuts of meat or meat
				  products.
(8) livestock or poultry
				  feed(s), feed supplement(s) and pet food(s);
(9) fish, shellfish, or other aquatic species
				  in their raw form or processed form;
(10) natural fiber(s);
(11) natural wood(s);
(12) processed food product(s);
(13) processed natural fiber and natural wood
				  product(s);
(14) wildlife processed
				  for food or by-products;
(15)
				  equine species;
(16) Texas processed
				  agricultural product(s); and
(17)
				  other products produced, manufactured, constructed or created within Texas; or
				  processed within Texas as described in §
												17.51 of this subchapter.