Title AG, Agriculture Code

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 (c) Repealed by…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 …

Sec. 134.001. DEFINITIONS. In this chapter only: (1) "Cultured species" means aquatic animals or plants raised under conditions where at least a portion of their life cycle is controlled by an aquaculturist. (2) "Exotic species" means a nonindigenous plant or animal not normally …

Sec. 134.002. SUPPORT OF AQUACULTURE. The department may: (1) promote aquaculture products; (2) provide technical assistance, including demonstrations, to aquaculturists; (3) provide coordinated support through colleges and universities and other governmental entities; (4) solici…

Sec. 134.004. CONTRACTS. The department, the Texas Commission on Environmental Quality, the Texas Animal Health Commission, and the Parks and Wildlife Department may contract with state, federal, or private entities for assistance in carrying out the purposes of this chapter. Add…

Sec. 134.005. RULES. (a) The department and the Parks and Wildlife Commission shall adopt rules to carry out their respective duties under this chapter. (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(8), eff. September 1, 2021. (c) The rules may not confl…

Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION WITHIN THE COASTAL ZONE. (a) A commercial aquaculture facility located within the coastal zone and engaged in the production of shrimp must: (1) obtain a site-specific wastewater discharge permit from the Texas Commissio…

Sec. 134.016. RECORDS. (a) The operator of a commercial aquaculture facility shall maintain a record of sales of cultured species for at least one year. The record is open for inspection by designated employees of the Parks and Wildlife Department during normal business hours. (b…

Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES. Cultured species of any kind, size, or number may be raised, possessed, transported, and sold anywhere, at any time, to any person, for any purpose by the operator of a commercial aquaculture facility unless prohibited by the Pa…

Sec. 134.018. SALE OF CERTAIN FISH. (a) This section applies to the sale of fish: (1) that are not on the Parks and Wildlife Department's list of exotic fish, shellfish, and aquatic plants; (2) collected from a private facility on private land by a person who operates a commercia…

Sec. 134.020. EXOTIC SPECIES. (a) The Parks and Wildlife Commission shall adopt rules regulating the importation, possession, propagation, and sale of harmful or potentially harmful exotic species by an aquaculturist. (b) The Parks and Wildlife Commission, after consulting with t…

Sec. 134.021. FEDERAL GRANTS. Federal grants for research and development of commercial fisheries may be used for individual aquaculture projects. Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975. Renumbered from Parks & Wildlife Code, Sec. 48.011 and amended by Acts 198…

Sec. 134.022. AQUACULTURE FACILITY PROTECTED. (a) A person, other than the owner or operator of an aquaculture facility, may not fish on an aquaculture facility without the consent of the owner or operator. (b) A person may not unlawfully, as defined by Section 31.03(b), Penal Co…

Sec. 134.023. PENALTIES. (a) Except as provided by Subsection (b), (c), or (d) of this section, a person who violates any provision of this chapter or rule adopted under this chapter commits an offense that is a Class C misdemeanor. (b) A person who violates Section 134.020 commi…

Sec. 134.031. MEMORANDUM OF UNDERSTANDING. (a) The Texas Commission on Environmental Quality and the Parks and Wildlife Department shall enter into a memorandum of understanding for the regulation of matters related to aquaculture. (b) The Texas Commission on Environmental Qualit…

Sec. 141.001. DEFINITIONS. In this chapter: (1) "Animal" means an animate being that is not human and has the power of voluntary action. (2) "Board" means the board of regents of The Texas A&M University System. (3) "Broker" means a person who is employed on a commission basis to…

Sec. 141.002. COMMERCIAL FEED. (a) Except as otherwise provided by this section, a material is a commercial feed subject to this chapter if it is a simple, mixed, compounded, ground, unground, organic, or inorganic material used as a feed for an animal, including a vitamin, miner…

Sec. 141.003. ADMINISTRATION. (a) The Texas Feed and Fertilizer Control Service is under the direction of the director of the Texas Agricultural Experiment Station, who is responsible for exercising the powers and performing the duties assigned to the service by this chapter. (b)…

Sec. 141.004. RULES; MINIMUM STANDARDS. Following notice and public hearing, the service may adopt rules as necessary for the enforcement of this chapter, including rules defining and establishing minimum standards for commercial feed. To the extent practicable, rules that define…

Sec. 141.005. PUBLICATIONS. (a) At least annually, the service shall publish: (1) information concerning the sales of commercial feeds, together with data on commercial feed production and use as the service considers advisable; (2) the results of the analyses of official samples…

Sec. 141.006. CUSTOM PROCESSING. This chapter does not apply to the mixing, milling, or processing of a material produced by a purchaser of commercial feed or acquired by the purchaser from a source other than the person who mixes, mills, or processes the material. Acts 1981, 67t…

Sec. 141.007. AFLATOXIN CONTROL. The service shall establish by rule aflatoxin contamination levels considered safe for whole seed and whole grain offered for retail sale for wildlife feed. Added by Acts 1999, 76th Leg., ch. 1274, Sec. 2, eff. Sept. 1, 1999.

Sec. 141.008. HEMP IN COMMERCIAL FEED. The service may adopt rules authorizing, defining, and controlling the use of hemp and hemp products in commercial feed. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 3, eff. June 10, 2019. SUBCHAPTER B. LICENSE

Sec. 141.021. LICENSE REQUIRED. (a) A person may not manufacture or distribute commercial feed in this state without a valid current license issued by the service for each feed facility that manufactures or distributes commercial feed. A person making only retail sales of commerc…

Sec. 141.023. TERM OF LICENSE. A license issued under this chapter is permanent unless: (1) the service revokes, suspends, annuls, or amends the license; (2) the licensee withdraws or cancels the license; (3) the licensee's report to the service indicates no activity for one year…