Title AG, Agriculture Code

Sec. 92.002. DEFINITIONS. In this chapter: (1) "Commercial quantity" means more than 500 pounds. (2) "Cooperative agreement" means the agreement concerning shipping point inspection service having an October 1, 1931, effective date executed by the department and the United States…

Sec. 92.003. SEASONAL APPLICATION. This chapter is effective after March 31 and before July 16 each year. Acts 1981, 67th Leg., p. 1230, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 92.004. EXCEPTIONS. (a) This chapter does not apply to: (1) a sale or delivery of unpacked and unmarked tomatoes by the grower to another person for packing and resale; (2) a bulk sale of tomatoes by the producer to a packer for grading, packing, processing, or storing; (3) …

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.

Sec. 93.001. POLICY. It is in the interest of the public welfare of this state to provide growers, shippers, carriers, receivers, and consumers with evidence of the quality and condition of the citrus fruit they grow, ship, or purchase. The purpose of this chapter is to authorize…

Sec. 93.002. APPLICATION. This chapter applies only in the citrus zone established under Section 73.003 of this code. Acts 1981, 67th Leg., p. 1236, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.003. EXCEPTIONS. (a) This chapter does not prevent: (1) a grower of citrus fruit from disposing of the grower's own crop without complying with this chapter; (2) a grower or packer of citrus fruit from manufacturing the citrus fruit into a by-product; or (3) a grower or p…

Sec. 93.004. DEPARTMENT TO ADMINISTER. The department: (1) shall direct the inspection, grading, and classification of grapefruit and oranges; (2) shall adopt and enforce rules relating to grading, packing, and marketing grapefruit and oranges; (3) may adopt rules relating to mar…

Sec. 93.005. REGISTERED BRANDS AND TRADEMARKS. (a) Brands and trademarks and their United States grade definition shall, if eligible, be registered with the department. (b) To be eligible for registration, a brand or trademark must: (1) be defined by the minimum requirements of a…

Sec. 93.011. INSPECTION. (a) An authorized inspector shall inspect citrus fruit. (b) A person who is subject to this chapter shall either notify the department of the time and place citrus fruit is to be loaded or report to the inspection station nearest the point of loading. Act…

Sec. 93.012. CERTIFICATE OF INSPECTION. (a) After completing a citrus fruit inspection the inspector shall issue to the shipper a certificate of inspection that designates the grade of the citrus fruit inspected. (b) A certificate of inspection issued under this section is prima …

Sec. 93.013. RIGHTS OF A SHIPPER REGARDING NONCONFORMING CITRUS FRUIT. In a written instrument that is delivered to a consignor of citrus fruit, a shipper or carrier may reserve the right to reject and return the citrus fruit, or to hold the citrus fruit at the expense and risk o…

Sec. 93.021. CONTAINER STANDARDS. (a) Citrus fruit shall be packed in closed containers that are approved by the department. (b) The standard orange box is 12 by 12 by 12 inches, and the standard one-half orange box is 12 by 12 by 6 inches, both sizes being measured on the inside…

Sec. 93.022. FANCY BRIGHT GRADE. Fancy bright oranges, satsumas, tangerines, and grapefruit are: (1) bright in color; (2) shapely in form; (3) practically free from skin defects and blemishes; (4) fine in texture; (5) reasonably thin; (6) heavy and juicy; and (7) free from frost …

Sec. 93.023. BRIGHT GRADE. Bright oranges, satsumas, tangerines, and grapefruit are: (1) fairly bright in color; (2) less fine and smooth in texture, and have a thicker skin, than fancy brights; and (3) may have skin defects that do not affect the merchantable quality of the frui…

Sec. 93.024. FANCY RUSSET GRADE. Fancy russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as fancy bright grade citrus fruit except fancy russets have coloration that is golden russet. Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1,…

Sec. 93.025. RUSSET GRADE. Russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as bright grade citrus fruit except russets have coloration that is rusty brown. Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.026. ORANGE PACKS. The standard orange packs are: (1) 96's, which are packed by placing 3 and 3 alternately in 4 rows, 4 layers high, 12 to the layer; (2) 126's, which are packed by placing 3 and 2 alternately in 5 rows, 5 layers high, 13 and 12 alternately to the layer; …

Sec. 93.027. SATSUMA AND TANGERINE PACKS. The standard satsuma and tangerine packs are: (1) 90's, which are packed by placing 3 and 3 alternately in 5 rows, 3 layers high, 15 to the layer; (2) 106's, which are packed by placing 4 and 3 alternately in 5 rows, 3 layers high, 18 and…

Sec. 93.028. GRAPEFRUIT PACKS. The standard grapefruit packs are: (1) 28's, which are packed by placing 2 and 1 alternately in 3 rows, 3 layers high, 5 and 4 alternately to the layer; (2) 36's, which are packed by placing 2 and 2 alternately in 3 rows, 3 layers high, 6 to the lay…

Sec. 93.029. PACKING STANDARDS. (a) Packed citrus fruit shall be uniform in size. (b) Oranges, satsumas, and tangerines shall be packed "stem-in, twist" with the blossom end down in the first layer, and the stem end down in all other layers. (c) Grapefruit shall be packed on edge…

Sec. 93.030. LABELING. (a) Citrus fruit that is packed or offered for shipment under this chapter shall be marked with its official grade or labeled or stamped with a registered brand or trademark. (b) Grapefruit that is transported, marketed, or sold in this state in original pe…

Sec. 93.031. IMPORTED CITRUS FRUIT. Citrus fruit shipped into this state from any other state or territory shall comply with the grading, packing, and marking requirements of this chapter. Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.032. PERMISSIBLE VARIATIONS. The standards established under this subchapter may be varied to the extent that: (1) there may be a 10 percent difference in size between the citrus fruit on the top and the citrus fruit in the interior of a pack; and (2) there may be a 3 per…

Sec. 93.041. 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 inspection…

Sec. 93.042. LICENSES. 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. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.043. STANDARDS. In accordance with the terms of a cooperative agreement, the department shall adopt United States standards to be used when grapefruit and oranges are inspected under this subchapter. Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.044. CONTRIBUTIONS. (a) The legislature may not appropriate funds for the enforcement of this chapter. (b) The department shall set contributions under this subchapter in amounts that are consistent with the cost of maintaining inspection and grading services and the issu…

Sec. 93.051. REQUIREMENT TO WEIGH; PUBLIC WEIGHER. Citrus fruit that is purchased by weight prior to packing shall be weighed at the expense of the buyer by a public weigher. Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.