Title AG, Agriculture Code

Sec. 132.005. SAMPLES. (a) The department shall prescribe methods of selecting samples of lots or containers of eggs. The methods must be: (1) reasonably calculated to ensure a fair representation of the entire lot or container sampled; and (2) similar to methods prescribed for s…

Sec. 132.006. OUT-OF-STATE INSPECTION OF RECORDS AND EXPENSES. (a) If the grade determination and size determination required by Section 132.041 of this code is performed at a location outside of this state, the records relating to eggs of a Texas licensee at that location are su…

Sec. 132.008. MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCY. (a) The department shall initiate negotiations for and enter into a memorandum of understanding with the Texas Department of Health to coordinate regulatory programs and eliminate conflicting regulatory requirement…

Sec. 132.021. LICENSE REQUIRED. (a) A person may not buy or sell eggs in this state for the purpose of resale without first obtaining a license from the department. (b) This section does not apply to: (1) a hatchery buying eggs exclusively for hatching purposes; (2) a hotel, rest…

Sec. 132.022. LICENSE CATEGORIES. (a) A person who is required by Section 132.021 of this code to be licensed shall apply to the department for licensing in the category described by this section that is appropriate to the actions of the person. (b) A person shall apply for licen…

Sec. 132.023. RESIDENT AGENT FOR SERVICE. Before receiving a license required by this chapter, an applicant whose home office or principal place of business is outside this state shall file with the department the name of an agent in this state for service of process in actions b…

Sec. 132.024. LICENSE TERM. A license issued or renewed under this chapter is valid for one year. Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by: Acts 2005, 79th Leg., Ch. 44 (H.B. 901), Sec. 4, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., C…

Sec. 132.025. TIME FOR PAYMENT OF LICENSE FEE. (a) An applicant for an initial license shall pay the license fee prior to the issuance of the license. (b) An applicant for the renewal of a license must pay the license fee during the last month of the license year. A person who fa…

Sec. 132.026. FEE FOR DEALER-WHOLESALER LICENSE. (a) The license fee for each plant operated by a dealer-wholesaler is provided by department rule. (b) The fee for an initial dealer-wholesaler's license shall be adjusted when records of the applicant's first license year are avai…

Sec. 132.027. FEE FOR PROCESSOR'S LICENSE. (a) The license fee for each plant operated by a processor is provided by department rule. (b) The fee for an initial processor's license shall be adjusted when records of the applicant's first license year are available. (c) Repealed by…

Sec. 132.028. FEE FOR BROKER'S LICENSE. The department shall charge a license fee, as provided by department rule, for a broker. Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, Sec. 10, eff. Sept. 1, 1983; Act…

Sec. 132.041. GRADE DETERMINATION AND SIZE DETERMINATION. (a) Grades and sizes established for eggs sold in this state must be established by candling and weighing by a person licensed under this chapter. (b) The candling and weighing must be made at: (1) the licensee's place of …

Sec. 132.042. GRADING AND CLASSIFICATION REQUIRED. Eggs offered for sale shall be: (1) classified as Texas eggs or shipped eggs, as applicable; and (2) graded and weighed according to: (A) consumer grade and weight classes, if the eggs are offered for sale to consumers; or (B) wh…

Sec. 132.043. INSPECTION FEES. (a) A person licensed under this chapter who first establishes the grade, size, and classification of eggs offered for sale or sold in this state shall collect a fee, as provided by department rule. (b) A processor licensed under this chapter shall …

Sec. 132.044. LABELING REQUIREMENTS FOR EGG CONTAINERS. (a) A container in which eggs for human consumption are offered for retail or wholesale must be legibly labeled with a statement showing: (1) the size and grade of the eggs in the container; (2) the address, including the ci…

Sec. 132.045. SANITATION REQUIRED. (a) Eggs shall be handled under reasonably sanitary conditions in compliance with the rules of the department. (b) After being received from the producer, shell eggs intended for human consumption shall be handled in a manner that prevents undue…

Sec. 132.046. SPECIAL REQUIREMENTS FOR SHIPPED EGGS. Shipped eggs coming into Texas in cartons ready for retail sale must be at least Grade A, as established by a Texas licensee. Shipped eggs coming into Texas loosed packed must be inspected and graded by a Texas licensee at the …

Sec. 132.047. UNCARTONED EGGS. (a) Eggs offered for sale that are not in a carton must be in a container that: (1) contains all information required by Section 132.044 of this code; and (2) displays the information in legible letters at least one inch high on a sign attached to t…

Sec. 132.061. RECORDS. (a) A licensed dealer-wholesaler or processor shall keep on file for two years a complete record of all eggs bought and sold, including: (1) the name and address of the person from whom eggs were purchased or to whom eggs were sold; (2) the number of cases …

Sec. 132.062. INVOICE. A licensed dealer-wholesaler or processor shall: (1) deliver with each transaction, sale, or delivery a signed invoice stating the date, quantity, grade, and size of eggs sold; and (2) keep a copy of the invoice for two years. Acts 1981, 67th Leg., p. 1320,…

Sec. 132.071. STOP-SALE ORDER. (a) If the department determines that eggs are not in compliance with this chapter, the department shall issue and enforce an order to stop the sale of the eggs. (b) A person may not sell eggs to which a stop-sale order applies until the department …

Sec. 132.0715. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to exceed $500 for each violation. Each day a violation continues may be considered a separate violation for purpos…

Sec. 132.072. REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE. (a) The department shall revoke, modify, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or reprimand a licensee for a violation of this chapter…

Sec. 132.081. GENERAL PENALTY. (a) A person commits an offense if the person violates a provision of this chapter. (b) An offense under this chapter is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000. Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, ef…

Sec. 132.082. SELLING INEDIBLE EGGS. (a) A person commits an offense if the person sells, in bulk or in containers, eggs that are not denatured and are inedible for any reason, including eggs that are: (1) leakers; (2) affected by black, white, or mixed rot; (3) addled; (4) incub…

Sec. 132.083. IMPROPER USE OF THE PREFIX "U.S." (a) A person commits an offense if the person uses the prefix "U.S." on grades and weight classes of shell eggs that are not graded under official United States Department of Agriculture supervision. (b) An offense under this sectio…

Sec. 132.084. MISLEADING ADVERTISING. (a) A person commits an offense if the person: (1) advertises or sells shell eggs below the quality of Grade A by describing the eggs as "fresh," "yard," "selected," "hennery," "new-laid," "infertile," "cage," or with words that have similar …