Title AG, Agriculture Code

Sec. 91.005. COOPERATIVE AGREEMENTS. (a) The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association to carry out shipping point and receiving market inspections under the Agricultural …

Sec. 91.0051. FUNDING OF A COOPERATIVE INSPECTION. (a) The legislature may not appropriate funds for the operation of an inspection service organized to carry out a cooperative agreement under this chapter. The legislature may appropriate funds necessary for the department to emp…

Sec. 91.006. CULLS. (a) Fruits and vegetables that are too small, ill-shaped, or poor in general quality to meet the standards of this chapter for any other grade are culls. (b) A person may not ship culls unless the culls are marked "culls" and placed in a separate consignment f…

Sec. 91.007. PACKAGE MARKINGS. A package of fruits or vegetables for which a grade is established under this chapter that is offered for sale or prepared for shipment shall be plainly marked with: (1) the grade of the fruit or vegetable; and (2) the name and post office address o…

Sec. 91.008. PENALTY. (a) A person commits an offense if, as a grower, shipper's agent, packer, or representative of a transportation company, the person: (1) refuses to allow an inspection under this chapter of fruits or vegetables that are packed or ready for shipment; or (2) v…

Sec. 91.009. COORDINATION OF PRODUCE SAFETY. (a) The department is the lead agency for the administration, implementation, and enforcement of, and education and training relating to, the United States Food and Drug Administration Standards for the Growing, Harvesting, Packing, an…

Sec. 91.021. COMPLIANCE WITH STANDARDS. Containers used for the shipment of fruits or vegetables must meet the minimum standards established by this subchapter. Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.022. BUSHEL BASKET. A bushel basket must contain at least 2,150.4 cubic inches in the basket proper, regardless of the construction of the lid. Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.023. FOUR-BASKET CRATE. (a) Each basket in a four-basket crate must be 5 by 8 inches at the bottom, 6 by 10 inches at the top, and 4 inches deep, must contain at least 201.6 cubic inches, and must hold at least three quarts dry measure. (b) The heads of the crate must be …

Sec. 91.024. SIX-BASKET CRATE. Each basket in a six-basket crate must contain at least 268.8 cubic inches. Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.025. FOLDING ONION CRATE. A folding onion crate must be at least 19-5/8 inches long, 11-3/16 inches wide, and 9-3/16 inches deep, as measured on the inside, and must contain at least 2,154.4 cubic inches. Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.026. BERRY BOX OR CRATE. (a) A quart berry box or crate must hold at least 24 quart baskets, each of which must contain at least 67.2 cubic inches dry measure. (b) A pint berry box or crate must hold at least 24 pint baskets, each of which must contain at least 33.6 cubic…

Sec. 91.041. GRADES. The standard peach grades are fancy, choice or No. 1, and No. 2. Acts 1981, 67th Leg., p. 1223, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.042. FANCY GRADE. (a) Fancy peaches: (1) are medium to large in size; (2) have good color for the variety; and (3) are firm and sound, or are properly mature for shipment to a distant market. (b) Fancy peaches shall be carefully picked and closely packed in bushel baskets…

Sec. 91.043. CHOICE OR NO. 1 GRADE. (a) Choice or No. 1 Grade peaches are: (1) average in size and color for the variety; (2) sound and firm, or properly mature for shipment to a distant market; and (3) practically free of blemishes. (b) Choice or No. 1 Grade peaches shall be car…

Sec. 91.044. NO. 2 GRADE. Number 2 Grade peaches are all peaches that are not good enough for No. 1 Grade but are sound, suitable for market, and appropriate for reasonably distant shipment. A No. 2 Grade peach may have slight defects, including: (1) small size; (2) a slightly un…

Sec. 91.045. PEACH PACKS. (a) The standard peach packs for a six-basket crate are: (1) 72's, which are packed by placing 1 and 2 alternately in 4 rows, 2 layers high, 6 to the layer on end, blossom end up; (2) 96's, which are packed by placing 2 and 2 alternately in 4 rows, 2 lay…

Sec. 91.061. GRADING CHARACTERISTICS. (a) A bright onion has the attractive pearly luster normal for Bermuda onions. (b) The diameter of an onion is the greatest dimension at a right angle to a straight line between the stem and the root. (c) A mature onion is firm. (d) An onion …

Sec. 91.062. GRADE NO. 1. Grade No. 1 Bermuda onions are: (1) sound, mature, bright, well shaped, and of one variety; (2) free from doubles, splits, bottle necks, and seed stems; (3) practically free from damage caused by dirt or other foreign matter, moisture, sunburn, cuts, dis…

Sec. 91.063. GRADE NO. 1, LARGE. If more than 10 percent by weight of the onions in any lot of Grade No. 1 onions have a diameter of at least 3-1/2 inches, the onions shall be designated Grade No. 1, Large. Acts 1981, 67th Leg., p. 1224, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.064. BOILER GRADE. Boiler grade onions are onions that meet other Grade No. 1 requirements, but are at least one and not more than two inches in diameter. Acts 1981, 67th Leg., p. 1224, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.065. GRADE NO. 2. Grade No. 2 onions are: (1) sound and of one variety; (2) free from doubles, splits, bottle necks, and seed stems; (3) practically free from damage caused by moisture, sunburn, cuts, disease, insects, or mechanical devices; and (4) at least two inches in…

Sec. 91.066. GRADE NO. 2, LARGE. If more than 10 percent by weight of the onions in any lot of Grade No. 2 onions have a diameter of at least 3-1/2 inches, the onions shall be designated Grade No. 2, Large. Acts 1981, 67th Leg., p. 1225, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.067. GRADE NO. 3. Grade No. 3 onions do not meet the requirements of a higher grade but are: (1) sound; (2) free from doubles, splits, bottle necks, and seed stems; (3) practically free from damage caused by moisture, sunburn, cuts, disease, insects, or mechanical devices…

Sec. 91.068. PERMISSIBLE VARIATIONS. (a) In order to allow for variations incident to commercial grading and handling, any lot of onions may, as limited by this section, contain onions that do not meet the grade requirements for the lot's grade. (b) In any lot of Grade No. 1, Gra…

Sec. 91.081. GRADE NO. 1. Grade No. 1 cabbage is: (1) sound, green in color, reasonably hard, and trimmed such that three or fewer outside leaves are left on a head; (2) free from stem rot and other diseases; (3) practically free from dirt, wormholes, and lice; (4) uncracked and …

Sec. 91.082. GRADE NO. 2. Grade No. 2 cabbage is sound cabbage that does not meet the requirements of Grade No. 1. Acts 1981, 67th Leg., p. 1225, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.083. PERMISSIBLE VARIATIONS. (a) In order to allow for variations incident to commercial grading and handling, any lot of cabbage may, as limited by this section, contain cabbage that does not meet the grade requirements for the lot's grade. (b) In any lot of Grade No. 1 …

Sec. 91.091. GRADING CHARACTERISTICS. A snap bean pod is overripe if: (1) it does not snap when broken; (2) it lacks abundant juice; and (3) the beans in the pod show evidence of maturity. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.092. GRADE NO. 1. Grade No. 1 snap beans are: (1) sound, bright, clean, and of one variety and color; (2) free from leaves, stems, spots, insect damage, disease, and overripe pods; and (3) from one-half to full grown. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff. S…

Sec. 91.093. GRADE NO. 2. Grade No. 2 snap beans are snap beans that do not meet the requirements for Grade No. 1. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.094. PERMISSIBLE VARIATION. In order to allow for variations incident to commercial grading and handling, not more than three percent by weight of a lot of Grade No. 1 snap beans may be a different variety, but not a different color, from the rest of the lot. Acts 1981, 6…

Sec. 91.095. SNAP BEAN PACKS. Snap beans shall be packed in a hamper weighing at least 17 pounds net weight per one-half bushel when packed, or at least 34 pounds net weight per bushel when packed. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff. Sept. 1, 1981. SUBCHAPTER G. …

Sec. 91.111. EXTRA FANCY GRADE. Extra fancy pears: (1) are sound, clean, and bright; (2) have natural color and shape; and (3) are free from worms, specks, blemishes, bruises, and limb scar red fruit. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.112. FANCY GRADE. Fancy pears have the same qualities as extra fancy pears, except not more than 10 percent of a lot of fancy pears may have slight scars or blemishes that do not injure the texture of the fruit or its keeping qualities. Acts 1981, 67th Leg., p. 1226, ch. …

Sec. 91.113. CHOICE GRADE. Choice pears have the same qualities as fancy pears, except not more than 10 percent of a lot of choice pears may be misshapen or have worm strings that have healed. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 91.114. PACKAGES AND MARKINGS. Pears shall be tightly packed in clean standard boxes that are marked on one end with the grade and number of pears contained in the package and the name and post office address of the packer. Acts 1981, 67th Leg., p. 1226, ch. 388, Sec. 1, eff…

Sec. 91.115. PEAR PACKS. The standard pear packs are: (1) four-tier, which is packed in four layers and contains a minimum of 120 pears per box; (2) five-tier, which is packed in six layers and contains a minimum of 135 and a maximum of 180 pears per box; and (3) six-tier, which …

Sec. 91.121. GRADING CHARACTERISTICS. (a) A potato is practically free from a named injury to the appearance if the injury is not readily apparent on casual examination and if damaged areas can be pared without appreciable waste in excess of that which occurs with perfect potatoe…

Sec. 91.122. GRADE NO. 1. Grade No. 1 potatoes: (1) are sound; (2) are practically free from dirt or foreign matter, frost injury, sunburn, second growth, cuts, mechanical damage, or damage from disease or insects; (3) are a minimum of 1-3/4 inches in diameter; and (4) have simil…

Sec. 91.123. GRADE NO. 2. Grade No. 2 potatoes: (1) are practically free from frost injury and decay; (2) are free from serious damage caused by dirt or other foreign matter, sunburn, second growth, cuts, disease, insects, or mechanical injury; (3) are at least 1-1/2 inches in di…

Sec. 91.124. PERMISSIBLE VARIATIONS. (a) In order to allow for variations incident to commercial grading and handling, any lot of potatoes may, as limited by this section, contain potatoes that do not meet the grade requirements for the lot's grade. (b) In any lot of potatoes not…

Sec. 91.125. CONTAINER MARKINGS. Potato containers shall be marked with the name and post office address of the grower or shipper. Acts 1981, 67th Leg., p. 1228, ch. 388, Sec. 1, eff. Sept. 1, 1981. SUBCHAPTER I. SWEET POTATO INSPECTION AND CLASSIFICATION

Sec. 91.141. AVAILABILITY OF DEPARTMENT SERVICES. (a) A grower of sweet potatoes in this state may dispose of the grower's own crop without complying with or being subject to the provisions of this subchapter. (b) Sweet potatoes that are brought into this state are subject to the…

Sec. 91.142. RULES. The department shall adopt rules that relate to the standards and procedures used to grade, classify, pack, and inspect sweet potatoes and that relate to marking containers, issuing certificates of inspection, and tagging transport vehicles. Acts 1981, 67th Le…

Sec. 91.143. INSPECTION FEES. (a) A person requesting inspection shall pay a fee for the inspection in an amount set by rule of the department. (b) The department shall set inspection fees at amounts that are approximately equal to the cost of providing inspection and classificat…