reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter D - INSPECTIONS, SAMPLING AND COLLECTION › Section 24.20 - Site Access for Representatives of the Department and Law Enforcement Agencies

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Department,
				  the DEA, DPS, and local law enforcement agencies, along with their
				  representatives and employees, shall be provided with complete and unrestricted
				  access to all hemp plants, whether growing or harvested, and all facilities
				  used for the production and storage of all hemp in all locations where hemp is
				  produced or handled.
(b) The
				  Department or its representative shall conduct random inspections of license
				  holders to verify the production and handling of hemp complies with applicable
				  state and federal law.
(c) During a
				  scheduled sample collection, the producer or an authorized representative of
				  the producer shall be present at each lot undergoing sampling and
				  testing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter D - INSPECTIONS, SAMPLING AND COLLECTION › Section 24.21 - Sampling and Collection

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Sampling
				  and Collection Notification.
(1) A completed
				  sample request form from a license holder shall be submitted to the Department
				  at least fifteen (15) days prior to the expected harvest date.
(2) The Department's receipt of a sample
				  request form triggers a site inspection and sample collection by the Department
				  or its representative.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter D - INSPECTIONS, SAMPLING AND COLLECTION › Section 24.22 - Lot Report

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A license
				  holder shall provide a lot report to the Department no later than the 30th day
				  after a final sample is collected from a lot, or no later than 180 days from
				  the lot permit issue date, whichever is earlier.
(b) A lot report shall be provided using a
				  Department form and must contain the following information at a minimum,
				  regarding the particular lot:
(1) license
				  holder account number;
(2) facility
				  ID and lot ID;
(3) sample(s) ID(s)
				  and test ID(s);
(4) disposition of
				  cannabis plant materials produced or handled within the lot (e.g. harvest,
				  disposal, transplanting, cloning, distribution, processing, sale, or other use)
				  and any Department-issued transport manifest;
(5) total acres or square footage of cannabis
				  plant material produced or handled; and
(6) a certified statement indicating whether
				  or not any living cannabis plants remain in any lot identified in the lot
				  report. In the event any living cannabis plants remain in any lot identified in
				  the lot report, the license holder shall further provide a certified statement
				  indicating whether the license holder intends to dispose of or cultivate the
				  remaining, living cannabis plants.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter D - INSPECTIONS, SAMPLING AND COLLECTION › Section 24.23 - Other Activities

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A license
				  holder shall not harvest a cannabis crop prior to samples being
				  collected.
(b) The license holder
				  shall harvest the crop not more than 15 days following the date of sample
				  collection by the Department, unless specifically authorized in writing by the
				  Department.
(c) Prior to
				  processing, cannabis from harvested lots shall not be commingled with cannabis
				  from other harvested lots or other material without prior permission from the
				  Department.
(d) A license holder
				  may not sell or use harvested plants unless a test of the sample(s) for the lot
				  associated with the harvested plants is at or below the acceptable hemp THC
				  level.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter E - TESTING › Section 24.24 - Testing Laboratory

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Registration.
(1) An independent testing laboratory, or a
				  laboratory in an institution of higher education, must be registered with the
				  Department before performing any test related to the Department hemp
				  program.
(2) An independent testing
				  laboratory or a laboratory in an institution of higher education shall submit a
				  complete application for registration in a form prescribed by the
				  Department.
(3) An independent
				  testing laboratory or a laboratory in an institution of higher education must
				  be accredited by an independent accreditation body in accordance with
				  International Organization for Standardization ISO/IEC 17025 and must be
				  registered with DEA.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter E - TESTING › Section 24.25 - Standards for Testing

Current through Reg. 49, No. 28; July 12,
				  2024
Analytical testing for purposes of detecting the
					 concentration levels of delta-9 tetrahydrocannabinol (THC) in the flower
					 material of the cannabis plant shall meet the following standards:
(1) laboratory quality assurance must ensure
				  the validity and reliability of test results;
(2) analytical method selection, validation,
				  and verification must ensure that the testing method used is appropriate (fit
				  for purpose) and that the laboratory can successfully perform the
				  testing;
(3) the demonstration of
				  testing validity must ensure consistent, accurate analytical performance;
				  and
(4) method performance
				  specifications must ensure analytical tests are sufficiently sensitive for the
				  purposes of the detectability requirements of this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter E - TESTING › Section 24.26 - Methods for Testing

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Laboratories
				  shall use appropriate, validated methods and procedures for all testing
				  activities and evaluate the measurement of uncertainty.
(b) At a minimum, analytical testing of
				  samples for delta-9 tetrahydrocannabinol concentration levels must use
				  post-decarboxylation or other similarly reliable methods approved by the
				  Department.
(c) The testing
				  methodology must consider the potential conversion of delta-9
				  tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol
				  (THC) and the test result reflect the total available THC derived from the sum
				  of the THC and THC-A content. Testing methodologies meeting these requirements
				  include, but are not limited to, gas or liquid chromatography with
				  detection.
(d) Alternative testing
				  protocols will be considered by the Department if they are comparable and
				  similarly reliable to the baseline established under the Department program.
				  Alternative testing protocols must be requested of the Department in writing
				  and approved in writing by the Department, provided they meet the requirements
				  of this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter E - TESTING › Section 24.27 - Testing Procedure

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The laboratory
				  shall test samples in accordance with the Department "Testing
				  Procedure".
(b) The laboratory
				  shall maintain the chain of custody of each sample using a form prescribed by
				  the Department.
(c) The laboratory
				  shall retain the sample for a minimum of thirty (30) business days from the
				  sample collection date.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter E - TESTING › Section 24.28 - Reporting Test Results

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The laboratory
				  shall send the test results electronically to the Department and license holder
				  no later than the fourteenth (14th) business day from the sample collection
				  date.
(b) The total delta-9
				  tetrahydrocannabinol concentration level shall be determined and reported on a
				  dry weight basis. Additionally, measurement of uncertainty (MU) must be
				  estimated and reported with the test results.
(c) Any sample test result showing with at
				  least 95% confidence that the THC content of the sample exceeds the acceptable
				  hemp THC level shall be conclusive evidence that one or more cannabis plants or
				  plant products from the lot represented by the sample contain a THC
				  concentration in excess of that allowed. If the results of a test conclude that
				  the THC levels of a sample conclusively exceeds the acceptable hemp THC level,
				  the laboratory will promptly notify the producer and the Department or its
				  authorized agent.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter E - TESTING › Section 24.29 - Retest

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder may request a retest of
				  the original sample within five (5) days from the date the license holder
				  receives the results of the first test.
(b) A license holder requesting a retest must
				  use the laboratory that conducted the initial test.
(c) The laboratory shall use the original
				  sample, used in the first test, for the retest.
(d) The results of the retest are
				  final.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter F - DISPOSAL › Section 24.30 - Notice Procedures

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The license
				  holder shall submit a completed disposal report to the Department no later than
				  seven (7) days after the license holder receives a final test result exceeding
				  the acceptable hemp THC level.
(b)
				  The Department's receipt of a disposal report triggers a potential field
				  inspection by the Department or its representative.
(c) The Department will inform the license
				  holder no later than seven (7) days after receiving the disposal report of the
				  approved method of disposal.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter F - DISPOSAL › Section 24.31 - Non-Compliant Cannabis Plants

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Cannabis
				  plants exceeding the acceptable hemp THC level constitute marijuana, a Schedule
				  I controlled substance, which must be disposed of in accordance with the
				  federal Controlled Substances Act (CSA) in 21 C.F.R. § 13 and DEA
				  regulations in RSA
				  1317.15.
(b) A final test result exceeding the
				  acceptable hemp THC level shall be conclusive evidence that the lot represented
				  by the sample is non-compliant with state and federal law. The cannabis on that
				  lot may not be further handled, processed, or enter the stream of commerce,
				  other than for disposal purposes in strict compliance with the CSA and DEA
				  regulations.
(c) Disposal of
				  Non-compliant Cannabis Plants.
(1) Within five
				  (5) days of receiving a notice of disposal from the Department, the license
				  holder shall contact an appropriate DEA-registered reverse distributor or other
				  authorized person or entity to request disposal of the non-compliant cannabis
				  plants in strict compliance with the CSA and DEA regulations.
(2) The license holder shall pay all costs
				  and fees required for the destruction of non-compliant cannabis plants and
				  shall surrender such plants to the DEA-registered reverse distributor or other
				  authorized person or entity for disposal in accordance with DEA regulations,
				  without compensation from TDA, the State of Texas, or U.S.
				  authorities.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.32 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person with cause to believe that any
				  provision of the Code or this chapter, related to the Department hemp program,
				  has been violated or not complied with by a license holder, may file a
				  complaint with the Department. The Department will accept either a written or
				  oral complaint, but may require the completion and signing of a complaint form
				  before conducting an investigation into the circumstances or situation giving
				  rise to the complaint.
(b) Upon
				  receipt of an acceptable complaint, the Department will investigate the
				  complaint and make a written report.
(c) The Department's written report will be
				  made available to the public to the extent authorized by the TPIA.
(d) The Department shall, as soon as
				  possible, notify the person(s) believed to be responsible for the acts,
				  omissions, circumstance(s) and situation(s) described in the complaint, and the
				  owner or lessee of the land where the incident(s) allegedly occurred of the
				  existence of the complaint.
(e) The
				  Department will not find a violation based solely on the uncorroborated
				  statements of an anonymous or unidentified complainant. However, the Department
				  routinely investigates all such complaints. The Department will determine the
				  extent of the investigation and resources which are necessary to address any
				  particular complaint.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.33 - Negligent Violations

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A hemp producer
				  shall be subject to enforcement for negligently producing hemp or for
				  negligently producing cannabis (marijuana) which exceeds the acceptable hemp
				  THC level.
(b) Negligent violations
				  shall include, but not be limited to:
(1)
				  failure to provide a legal description or geospatial location of the facility
				  on which the license holder produces or stores hemp;
(2) failure to obtain a license or other
				  required authorization from the Department; or
(3) production of cannabis with a delta-9
				  tetrahydrocannabinol concentration exceeding the acceptable hemp THC
				  level.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.34 - Violations with a Culpable Mental State Greater than Negligence

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to being subject to license
				  suspension, license revocation, and monetary civil penalty procedures
				  established in this chapter, a person who is found by the Department to have
				  violated any statute or administrative regulation governing that person's
				  participation in the hemp program with a culpable mental state greater than
				  negligence shall be subject to the reporting requirements established in this
				  section.
(b) The Department shall
				  immediately report a person who is found by the Department to have violated any
				  statute or administrative regulation governing that person's participation in
				  the hemp program with a culpable mental state greater than negligence to the
				  following law enforcement agencies:
(1) the
				  Attorney General of the United States;
(2) the Texas Department of Public
				  Safety;
(3) the Office of the Texas
				  Attorney General; and
(4) other law
				  enforcement authorities with jurisdiction over the producer's acts or omissions
				  that are the subject of the report.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.35 - License Suspension

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Department
				  may issue a notice of suspension to a license holder if the Department or its
				  representative receives credible evidence establishing that a license holder
				  has:
(1) engaged in conduct, being either an
				  act or omission, violating a provision of this chapter; or
(2) failed to comply with a written order
				  from the Department related to negligence as defined in this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.36 - License Revocation

Current through Reg. 49, No. 28; July 12,
				  2024
The Department shall immediately revoke a license if a
					 person:
(1) pleads guilty to, or is
				  convicted of, any felony related to a controlled substance under Texas law,
				  federal law or the law of any other state;
(2) made a false statement or provided false
				  information or documentation to the Department or its representatives, with a
				  culpable mental state greater than negligence; or
(3) is found to be growing cannabis exceeding
				  the acceptable hemp THC level with a culpable mental state greater than
				  negligence, or negligently violated this chapter three (3) times in five (5)
				  years.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.37 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Section 12.020 of the Code, which provides for the
					 assessment of administrative penalties, applies to a person who violates the
					 Code or this chapter. Failure to pay an administrative penalty assessed by a
					 final order of the Department is a violation of this chapter. Failure to pay a
					 final judgment which assesses a civil penalty in which express findings of a
					 violation are made, and which was entered pursuant to the Code or this chapter,
					 shall also constitute a violation of this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter G - ENFORCEMENT › Section 24.38 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons who believe they are adversely
				  affected by the assessment of an administrative action may appeal such decision
				  to the Department.
(b) If the
				  Department sustains the appeal of an administrative action, the person will
				  retain their license and not be subject to the administrative action proposed
				  by the Department in all or part.
(c) If the Department denies the appeal of an
				  administrative action, the license will be revoked or suspended and any
				  administrative action will be imposed. The person may request a formal
				  adjudicatory proceeding in accordance with Chapter 12 of the Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter H - TRANSPORTATION › Section 24.39 - Transport Manifest Required

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) A
				  Department-issued transport manifest shall be required for the transportation
				  of hemp outside a facility where the hemp is produced.
(b) Hemp harvested outside of Texas that has
				  no living tissue, transported in Texas, including seed, shall be accompanied by
				  a transport manifest, or other valid documentation authorized by another state,
				  the USDA, Indian Nation, or U.S. territory.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter H - TRANSPORTATION › Section 24.40 - Transport Manifests for Test Samples

Current through Reg. 49,
				  No. 28; July 12, 2024
A Department-issued transport manifest, or other valid
					 documentation authorized by another state, the USDA, Indian Nation, or U.S.
					 territory, shall accompany all samples collected and transported to a
					 laboratory for testing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter H - TRANSPORTATION › Section 24.41 - Transport of Pests Prohibited

Current through Reg. 49, No. 28;
				  July 12, 2024
A person may not transport hemp in the State of Texas that
					 contains an agricultural pest or disease listed in Title 4 of the Texas
					 Administrative Code Chapter 19.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter H - TRANSPORTATION › Section 24.42 - Living Tissue Hemp Plants Originating Outside the State of Texas

Current through Reg. 49, No. 28; July 12, 2024
No person shall bring into the State of Texas a hemp plant,
					 that originated from cannabis plants germinated, cloned, or transplanted
					 outside of the State of Texas without a valid transport manifest, or other
					 valid documentation authorized by another state, the USDA, Indian Nation, or
					 U.S. territory, and a phytosanitary certificate in accordance with Title 4 of
					 the Texas Administrative Code Chapter 19.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter H - TRANSPORTATION › Section 24.43 - Mixed Cargo Prohibited

Current through Reg. 49, No. 28; July
				  12, 2024
A person transporting hemp plant material in the State of
					 Texas shall not concurrently transport any cargo that is not hemp
					 material.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter I - SEED › Section 24.44 - Certified or Approved Hemp Seed

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The Department shall maintain and make available to license holders a list of
				  businesses that sell hemp seeds certified or approved for production, sale,
				  offered for sale, or distributed within the State of Texas.
(b) A person may not sell, offer for sale,
				  distribute or use hemp seed in the State of Texas unless the seed is certified
				  or approved by the Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter I - SEED › Section 24.45 - License Required to Sell, Possess, Hold or Purchase Hemp Seed

Current through Reg. 49, No. 28; July 12, 2024
After May 1, 2020, a person or entity may not sell,
					 possess, hold, or purchase hemp seed in Texas unless that person holds a valid
					 and active license issued by the Department for the production and handling of
					 hemp. A person or entity based out-of-state is not required to be a license
					 holder in Texas to sell hemp seed to a person or business entity in Texas, but
					 may not do so unless such hemp seed has been certified or approved in
					 accordance with § 24.48 of this title (relating to Certification or
					 Approval of Hemp Seed).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter I - SEED › Section 24.46 - Hemp Seed Quality and Labeling Requirements

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) Hemp seed sold, offered for sale,
				  distributed, or used in the State of Texas must meet the legal standards for
				  seed quality and seed labeling required by Texas and federal law, as well the
				  legal standards of the jurisdictions from where the seed is originally sold and
				  produced.
(b) Hemp seed sold,
				  offered for sale, distributed, or used in the State of Texas must also meet the
				  additional hemp seed quality and labeling requirements as provided for by the
				  Department.
(c) Hemp seed sold,
				  offered for sale, distributed, or used in the State of Texas must contain a
				  clear, legible statement on the label in English in addition to any other
				  language on the label indicating the:
(1)
				  specific variety of the hemp seed;
(2) the seller or distributor; and
(3) the location and jurisdiction of origin
				  of the hemp seed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter I - SEED › Section 24.47 - Hemp Seed Recordkeeping

Current through Reg. 49, No. 28;
				  July 12, 2024
A person who sells, offers to sell, distributes, or uses
					 hemp seed in Texas shall maintain records for five (5) years indicating:
(1) the origin of the hemp seed for five (5)
				  years;
(2) the person or entity
				  from whom the person purchased the hemp seed;
(3) any documentation indicating
				  certification or approval of the provenance, quality, and variety of the hemp
				  seed; and
(4) the location and
				  jurisdiction of origin of the hemp seed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter I - SEED › Section 24.48 - Certification or Approval of Hemp Seed

Current through Reg. 49, No.
				  28; July 12, 2024
(a) A
				  person may request the certification or approval of a hemp seed for a
				  particular variety by submitting a completed form prescribed by the
				  Department.
(b) A person requesting
				  for the certification or approval of hemp seed for a particular variety shall
				  provide the following information to the Department:
(1) name of kind and variety;
(2) a statement concerning the variety's
				  origin, and the breeding procedure used, in its development including evidence
				  on stability (evidence on stability must include any field test reports and
				  sample test results demonstrating the hemp seed was used to grow hemp plants
				  which tested within the acceptable hemp THC Level);
(3) a completed objective form for the crop
				  as provided by the Department Seed Quality Program, if such form is available.
				  The completed objective description form as provided by the U.S. Plant Variety
				  Protection Office may be used in lieu of the Texas form;
(4) a statement delineating the geographic
				  area or areas of adaptation of the variety; and
(5) such other information as may be
				  requested by the Department which may include but is not limited to:
(A) special characteristics of the seed and
				  of the plant as it passes through the seedling stage and flowering stage;
				  and
(B) other evidence of
				  performance of the variety (date, graphs, charts, pictures, etc.) supporting
				  the identity of the variety, if known. If statements or claims are made
				  concerning performance characteristics, such as yield, tolerance to insects or
				  diseases, or lodging, there must be evidence to support such statements.
				  Statistical analysis of data is encouraged.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter J - AGRICULTURAL OR ACADEMIC HEMP RELATED RESEARCH › Section 24.49 - Hemp Research License

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Texas
				  A&M University or a Texas institution of higher education may apply for a
				  license to produce and handle hemp for agricultural or academic research. A
				  license issued to Texas A&M University or a Texas Institution of higher
				  education pursuant to this section is known as a "Hemp Research
				  License."
(b) In order to obtain a
				  hemp research license, Texas A&M University or a Texas institution of
				  higher education must submit an application and required fees to the
				  Department.
(c) A hemp research
				  license holder must comply with and is solely responsible for compliance with
				  all state and federal laws, rules, and guidelines pertaining to the production
				  and handling of hemp in addition to the laws, rules, and guidelines of any
				  other jurisdiction where such hemp research license holder may produce or
				  handle hemp.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 24 - HEMP PROGRAM › Subchapter J - AGRICULTURAL OR ACADEMIC HEMP RELATED RESEARCH › Section 24.50 - Hemp Research Plan

Current through Reg. 49, No. 28; July
				  12, 2024
(a) An
				  applicant for a hemp research license must also submit a research plan
				  providing the following information:
(1) a
				  detailed statement specifying the nature and purpose of the hemp related
				  research to be conducted;
(2) all
				  locations where hemp related research will be conducted;
(3) the varieties of hemp to be utilized for
				  the research purposes; and
(4) such
				  other information as may be requested by the Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 1 - OVERVIEW AND PURPOSE › Section 25.1 - Purpose of the Child and Adult Care Food Program (CACFP)

Current
					 through Reg. 49, No. 28; July 12, 2024
The CACFP integrates nutritious meals with organized
						nonresidential child and adult care services.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 1 - OVERVIEW AND PURPOSE › Section 25.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
					 in this subchapter, have the following meanings unless the context clearly
					 indicates otherwise:
(1) Appropriate
					 Representative--Someone with knowledge of CACFP operations.
(2) CACFP--Child and Adult Care Food
					 Program.
(3) CFR--The Code of
					 Federal Regulations.
(4)
					 Contractor--Refers to an "institution" as defined in
					 RSA
					 226.2.
(5) TDA--The Texas Department of
					 Agriculture.
(6) Publicly funded
					 program--Any program or grant funded by public funds, including federal, state,
					 or local government funds.
(7)
					 Program year--The period beginning October 1 of any year and ending September
					 30 of the following year.
(8)
					 U.S.C.--United States Code.
(9)
					 USDA--The United States Department of Agriculture.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 1 - OVERVIEW AND PURPOSE › Section 25.3 - Authorization for CACFP

Current through Reg. 49, No. 28; July 12,
					 2024
The National School Lunch Act (RSA
						1766), as amended, authorizes federal
						assistance to states that administer CACFP. In the state of Texas, TDA
						administers CACFP.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 1 - OVERVIEW AND PURPOSE › Section 25.4 - Use of CACFP Federal Assistance

Current through Reg. 49, No. 28;
					 July 12, 2024
TDA may use the assistance to help start, maintain, and
						expand non-profit food services for children and adults enrolled for care in
						nonresidential facilities or institutions.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.11 - Eligibility Requirements for CACFP Participation

Current through
					 Reg. 49, No. 28; July 12, 2024
(a) Contractors and facilities must meet the
					 requirements stated in 17(a)(2)(B) of the National School Lunch Act
					 (RSA
					 1766), as amended,
					 RSA
					 226.2,
					 RSA
					 226.6,
					 RSA 226.15
					 -
					 RSA
					 226.19a, and
					 RSA
					 226.23, and TDA CACFP Handbooks.
(b) Contractors applying to participate as a
					 sponsor of day care homes or unaffiliated facilities in CACFP as a new
					 organization or reapplying to participate after a break in service must
					 document an unmet need as outlined in the TDA CACFP Handbooks.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.12 - Contractor and Facility Licensure/Approval Requirements

Current
					 through Reg. 49, No. 28; July 12, 2024
All contractors and facilities must be licensed or
						approved by federal, state, or local authorities to provide child or adult
						care.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.13 - Exceptions to the Licensure Requirements

Current through Reg. 49,
					 No. 28; July 12, 2024
(a) Centers and facilities operated by
					 federal and Indian tribal governments are not required to be licensed or
					 approved by state or local authorities. The federal agency or Indian tribal
					 government that has oversight of the center or facility must license or approve
					 the center or facility.
(b)
					 Emergency shelters and contractors who participate in the at-risk afterschool
					 and outside-school-hours care center programs may be exempt from state
					 licensing requirements. The center or facility must provide sufficient
					 information or documentation to demonstrate that the center or facility is
					 exempt from state licensing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.14 - Contractor Training Requirements

Current through Reg. 49, No. 28;
					 July 12, 2024
Each contractor must participate in training related to
						the operation of CACFP as TDA prescribes.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.15 - Proof of Tax-Exempt Status

Current through Reg. 49, No. 28;
					 July 12, 2024
To prove tax-exempt status, a contractor must
						submit:
(1) determination of
					 tax-exempt status from the Internal Revenue Service; or
(2) proof of participation in another
					 federally funded program that requires an Internal Revenue Service
					 determination of tax-exempt status.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.16 - Eligibility Requirements for For-Profit Organizations or Sponsored For-Profit Facilities

Current through Reg. 49, No. 28; July 12,
					 2024
A for-profit organization or a sponsored for-profit
						facility must meet the eligibility requirements in
						RSA
						226.17 and §
											RSA
						226.19a.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 2 - ELIGIBILITY OF CONTRACTORS AND FACILITIES › Section 25.17 - Performance Bond Requirements for Sponsors

Current through Reg. 49, No.
					 28; July 12, 2024
(a) A
					 sponsoring organization applying to participate in CACFP with less than three
					 years of successful administrative and financial history shall be required to
					 obtain and maintain a performance bond from a company designated in United
					 States Treasury Circular 570 as certified to issue bonds for federally funded
					 programs in an amount specified by TDA unless or until it can demonstrate a
					 total of three years of successful administrative and financial history within
					 the preceding seven years or is a governmental entity.
(b) The initial amount of the performance
					 bond will be determined by the sponsor's anticipated enrollment and the sum of
					 the following formula for each meal type served: (Total Enrollment) x (Current
					 Free Reimbursement Rate for Meal Type) x 90.
(c) The bond amount shall be adjusted to
					 reflect actual enrollment or reimbursement as needed based on the following
					 guidelines:
(1) If the sponsor's enrollment
					 or reimbursement increases by 50% of the original anticipated enrollment then
					 the bond must be increased to reflect the sponsor's actual enrollment or
					 reimbursement within 45 days.
(2)
					 Each time the sponsor's enrollment or reimbursement increases by 50% of the
					 actual participation or reimbursement from the time the bond was last increased
					 then the bond must be increased to reflect the sponsor's new actual enrollment
					 or reimbursement within 45 days.
(3) A decrease in bond amount may be
					 requested based on a decrease in enrollment or reimbursement by submitting a
					 written request to TDA.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 3 - CONTRACTOR APPLICATION PROCESS › Section 25.21 - Application to Participate in CACFP

Current through Reg. 49, No. 28;
					 July 12, 2024
(a) A
					 contractor must submit a completed application for participation in CACFP to
					 TDA.
(b) A contractor must report
					 to TDA any changes to the information contained on its application as
					 prescribed in the TDA CACFP Handbook, Forms and Instructions.
(c) TDA approves or denies applications for
					 participation according to
					 RSA
					 226.6,
					 RSA 226.15
					 -
					 RSA
					 226.19a, and
					 RSA
					 226.23; §17(a)(2)(B) of the National
					 School Lunch Act (RSA
					 1766), as amended; and this
					 chapter.
(d) The contractor must
					 submit its completed application to TDA within 45 days of the date of the
					 written request for additional information. If the requested information is not
					 received within 45 days, TDA will deny the application.
(e) A contractor whose application was denied
					 due to subsection (d) of this section may reapply by submitting a new
					 application.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 3 - CONTRACTOR APPLICATION PROCESS › Section 25.22 - Governing Body Awareness Requirements for Non-Governmental Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each contractor must include in its
					 application documentation that the governing body is aware of the
					 responsibilities and liabilities of participating in CACFP and identifying
					 information for each member of the governing body.
(1) Acceptable documentation of governing
					 body awareness is:
(A) A copy of the minutes
					 taken at an official meeting of the governing body, signed by the secretary of
					 the board, demonstrating unanimous board support for CACFP participation and an
					 understanding of the responsibilities and liabilities;
(B) A written declaration by each member of
					 the governing body which states they are aware of the responsibilities and
					 liabilities of CACFP participation;
(C) A combination of these methods which,
					 when read together, accounts for each individual member of the governing body;
					 or
(D) Any other documentation
					 approved by TDA.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 3 - CONTRACTOR APPLICATION PROCESS › Section 25.23 - Additional Requirements for Contracting Organizations

Current
					 through Reg. 49, No. 28; July 12, 2024
(a) The following information must be
					 submitted for each principal of a non-governmental organization:
(1) government issued identification (state
					 issued driver license, state issued identification card, military
					 identification, valid U.S. passport or other identification approved by TDA);
					 and
(2) proof of residential
					 mailing address (official mail sent to the individuals address from a utility
					 provider, governmental agency or bank; a lease executed by the individual; or
					 other proof approved by TDA).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 4 - AGREEMENTS › Section 25.31 - Participation Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
(a) According to
					 RSA
					 226.6,
					 RSA 226.15
					 -
					 RSA
					 226.19a, and
					 RSA
					 226.23, a contractor must enter into an
					 agreement with TDA in order to participate in CACFP. The agreement is a legally
					 binding document that specifies the rights and responsibilities of both the
					 contractor and TDA.
(b) According
					 to
					 RSA
					 226.6,
					 RSA 226.15
					 -
					 RSA
					 226.19a, and
					 RSA
					 226.23, a facility must enter into an
					 agreement with a sponsoring organization in order to participate in CACFP. The
					 agreement between the facility and the sponsoring organization is a legally
					 binding document that specifies the rights and responsibilities of the facility
					 and the sponsoring organization.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 4 - AGREEMENTS › Section 25.32 - Purchased Meals

Current through Reg. 49, No. 28; July 12,
					 2024
(a) According to
					 RSA
					 226.6,
					 RSA
					 226.17,
					 RSA
					 226.19,
					 RSA
					 226.19(a), and
					 RSA 226.22,
					 contractors who purchase meals from a food service management company, school
					 food authority, or other vendor must enter into an agreement with that food
					 service management company, school food authority, or other vendor on a form
					 approved by TDA.
(b) The agreement
					 shall be for a maximum of 12 consecutive months.
(c) TDA may authorize a contractor to execute
					 up to four 12-month renewals beyond the ending date of the original agreement,
					 as long as there is no change in scope of service to the original
					 contract.
(d) No agreement renewal
					 can exceed 12 consecutive months.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 4 - AGREEMENTS › Section 25.33 - Food and Nutrition Division (FND) Agreement

Current through
					 Reg. 49, No. 28; July 12, 2024
No organization may have more than one agreement with TDA
						to participate in any child nutrition program, unless the contractor provides
						justification for the need to have multiple agreements and that justification
						is approved by TDA.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 5 - CONTRACTOR STANDARDS AND RESPONSIBILITIES › Section 25.41 - Procurement Guidelines

Current through Reg. 49, No. 28; July 12,
					 2024
A contractor must procure food, supplies and other goods
						and services in accordance with
						RSA
						226.2,
						RSA
						226.6,
						RSA
						226.21, and
						RSA 226.22,
						and RSA
						7 CFR Part 3015.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 5 - CONTRACTOR STANDARDS AND RESPONSIBILITIES › Section 25.42 - Title to Equipment; Use and Disposal

Current through Reg. 49,
					 No. 28; July 12, 2024
If equipment was obtained in full or part with food
						service assistance funds then its title, use and disposition must comply with
						RSA
						226.24 and
						RSA
						7 CFR Part 3015.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 5 - CONTRACTOR STANDARDS AND RESPONSIBILITIES › Section 25.43 - Determination of a Participant's Eligibility for Free and Reduced-Price Meals

Current through Reg. 49, No. 28; July 12, 2024
A child care or adult day care center contractor or day
						care home sponsor must determine a participant's eligibility according to
						RSA
						226.2,
						RSA
						226.6,
						RSA
						226.13,
						RSA
						226.15,
						RSA
						226.17 -
						RSA
						226.19a, and
						RSA
						226.23.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 5 - CONTRACTOR STANDARDS AND RESPONSIBILITIES › Section 25.44 - Verification of Eligibility of Program Participants

Current through
					 Reg. 49, No. 28; July 12, 2024
TDA and child care or adult day care center contractors
						or day care home sponsors must verify eligibility of CACFP participants for
						free and reduced-price meals according to
						RSA
						226.2,
						RSA
						226.6,
						RSA
						226.13,
						RSA
						226.15, and
						RSA
						226.23.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 5 - CONTRACTOR STANDARDS AND RESPONSIBILITIES › Section 25.45 - Non-Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) TDA administers CACFP without regard to
					 race, color, national origin, sex, age or disability. TDA fully complies with
					 the nondiscrimination requirements of
					 RSA
					 226.6,
					 RSA 226.22,
					 and
					 RSA
					 226.23, and
					 RSA
					 7 CFR Parts 15 and 15(a).
(b) A contractor must strictly adhere to and
					 enforce the nondiscrimination requirements of
					 RSA
					 226.6, the Civil Rights Act of 1964,
					 §504 of the Rehabilitation Act of 1973, and the American with Disabilities
					 Act. Contractors must prevent discrimination against participants in
					 CACFP.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 25 - SPECIAL NUTRITION PROGRAMS › Subchapter A - CHILD AND ADULT CARE FOOD PROGRAM (CACFP) › Division 5 - CONTRACTOR STANDARDS AND RESPONSIBILITIES › Section 25.46 - Training and Technical Assistance

Current through Reg. 49, No. 28;
					 July 12, 2024
A contractor must provide training and technical
						assistance which TDA deems reasonable and necessary to its center or sponsored
						facility staff according to
						RSA
						226.6,
						RSA
						226.16, and
						RSA
						226.18 -
						RSA
						226.19a.