Title AG, Agriculture Code

Sec. 92.005. DEPARTMENT TO ADMINISTER. The department shall direct the inspection and certification of tomato grades, sizes, packs, markings, and container designations and may: (1) adopt tomato container standards and grades that are not in conflict with federal standards and gr…

Sec. 92.006. NOTICE. All notices provided for by this chapter shall be in writing unless this chapter specifically provides otherwise. Acts 1981, 67th Leg., p. 1230, ch. 388, Sec. 1, eff. Sept. 1, 1981. SUBCHAPTER B. INSPECTION AND CERTIFICATION

Sec. 92.011. INSPECTION. (a) In accordance with this subchapter, the department shall inspect tomatoes that a person intends to pack for transportation in commercial quantities. (b) In the notice under Section 92.012 of this code, the packer or dealer may designate the location w…

Sec. 92.012. NOTICE. A person who intends to pack tomatoes for transportation shall give timely written or oral notice to the department: (1) of the time and place the tomatoes are to be packed and transported; or (2) that the tomatoes are to be packed and transported to the insp…

Sec. 92.013. CERTIFICATE OF INSPECTION. After completing a tomato inspection, the department shall give the dealer a certificate of inspection that complies with the requirements of the cooperative agreement. Acts 1981, 67th Leg., p. 1231, ch. 388, Sec. 1, eff. Sept. 1, 1981. SUB…

Sec. 92.021. STANDARD CONTAINERS. Containers used to transport tomatoes shall meet the minimum standards established for fruits and vegetables by Subchapter B, Chapter 91, of this code or the standards adopted by the department. Acts 1981, 67th Leg., p. 1231, ch. 388, Sec. 1, eff…

Sec. 92.022. FANCY AND CHOICE GRADES. Fancy and choice tomatoes are: (1) sound; (2) free from undesirable scars, cat faces, and insect or other damage; and (3) packed according to standards established by this subchapter. Acts 1981, 67th Leg., p. 1231, ch. 388, Sec. 1, eff. Sept.…

Sec. 92.023. FANCY TOMATO PACKS. (a) The standard packs for a six-basket crate of fancy tomatoes are: (1) 72's, which are packed by placing 2 and 2 alternately in 3 rows, 2 layers high, 6 to the layer, blossom end up, 12 to the basket; (2) 84's, which are packed by placing 2 and …

Sec. 92.024. CHOICE TOMATO PACKS. (a) The standard packs for a six-basket crate of choice tomatoes are: (1) 120's, which are packed by placing 2 and 2 alternately in 4 rows on edge 8, to the layer for the first layer, and 3 and 3 alternately in 4 rows on edge, blossom end out, 12…

Sec. 92.025. UNIFORMITY WITHIN A PACK. As nearly as possible, tomatoes in a crate or package shall be uniformly ripe. Acts 1981, 67th Leg., p. 1232, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 92.026. DECEPTIVE CONTAINER DESIGNATIONS. A person may not pack or ship tomatoes in a container or subcontainer that is imprinted or inscribed with a designation of grade, standard, count, arrangement, or pack that is false and misleading. Acts 1981, 67th Leg., p. 1233, ch. …

Sec. 92.031. EXECUTION OF AGREEMENTS. The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association that is organized for that purpose, or both. An agreement may provide for the amount of…

Sec. 92.032. LICENSES. Department inspectors and a firm, corporation, or association that has executed a cooperative agreement shall obtain a license from the department. Acts 1981, 67th Leg., p. 1233, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 92.033. CONTRIBUTIONS. (a) The legislature may not appropriate funds for the enforcement of this chapter. (b) The department shall set contributions under this chapter in amounts that are consistent with the cost of maintaining inspection and grading services under the coope…

Sec. 92.034. PAYMENT OF CONTRIBUTIONS. (a) A packer or dealer shall pay the contribution under this subchapter to the inspector who inspects or grades the tomatoes. (b) An inspector who renders an inspection or grading service shall withhold delivery of the inspection certificate…

Sec. 92.035. AUDIT. (a) The accounts and records of the chief inspector of the department are subject to audit by the state auditor in accordance with Chapter 321, Government Code. (b) The state auditor shall make a written report of the results of an audit to the commissioner. A…

Sec. 92.041. OFFENSES. A person commits an offense if the person: (1) knowingly or intentionally interferes with an employee of the department in the performance of a duty under this chapter; (2) knowingly or intentionally fails to obey a rule adopted by the department under this…

Sec. 92.042. PENALTY. An offense under Section 92.041 of this subchapter is a Class C misdemeanor. Acts 1981, 67th Leg., p. 1234, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 108, eff. Sept. 1, 1989.