CHAPTER 18. CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS

State Codes and Statutes

Statutes > Texas > Agriculture-code > Title-2-department-of-agriculture > Chapter-18-certification-and-agricultural-product-standards

AGRICULTURE CODE

TITLE 2. DEPARTMENT OF AGRICULTURE

SUBCHAPTER A. ORGANIC STANDARDS AND CERTIFICATION

Sec. 18.001. DEFINITIONS. In this subchapter:

(1) "Agricultural product" means any raw or processed

agricultural commodity or product, including any commodity or

product derived from livestock, that is marketed in the United

States for human or livestock consumption.

(2) "National organic program" means the program established

under the Organic Foods Production Act of 1990 (7 U.S.C. Section

6501 et seq.), as amended, or any similar federal program.

(3) "Organic" means labeled, advertised, marketed, or otherwise

represented as an agricultural product produced in accordance

with the Organic Foods Production Act of 1990 (7 U.S.C. Section

6501 et seq.), as amended, and this subchapter.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 52, Sec. 5, eff. May 7,

2001; Acts 2003, 78th Leg., ch. 1288, Sec. 1, eff. June 21, 2003.

Sec. 18.002. ORGANIC STANDARDS PROGRAM. (a) The department by

rule may create and administer a program for the administration

and enforcement of standards related to organic agricultural

products, including certification of persons who produce,

process, distribute, or handle organic agricultural products, and

may regulate the use of "organic" and related terms.

(b) Any program created by the department under Subsection (a)

must be consistent with the provisions of the national organic

program.

rule may adopt standards related to organic agricultural products

other than the standards established by the national organic

program.

(d) The department may enter into an agreement with the United

States Department of Agriculture to act as an organic certifying

agent or to provide primary enforcement of state and national

standards relating to organic agricultural products.

(e) In regulating organic agricultural products under this

subchapter, the department may require certification,

registration, or other documentation the department considers

necessary:

(1) to ensure the integrity of the state and national organic

programs;

(2) to ensure the marketability of organic agricultural products

produced in this state; and

(3) to meet the authentication or verification requirements of

the federal government, another state, or a foreign country

relating to organic agricultural products.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1288, Sec. 2, eff. June

21, 2003.

Sec. 18.003. ORGANIC CERTIFICATION. (a) The department may

certify each person who produces, processes, distributes, or

handles an organic agricultural product in this state.

(b) A person may apply for any required certification under this

subchapter by submitting the following, as prescribed by

department rule:

(1) an application for certification;

(2) a plan for production, processing, distribution, or handling

of organic agricultural products; and

(3) a fee.

this subchapter to submit an annual report of that person's

production, processing, distribution, or handling of organic

agricultural products, along with an annual reporting fee.

(d) The department may by written notice require that a person

certified under this subchapter submit any additional report,

including copies of records, the department considers necessary

to investigate or monitor production, processing, distribution,

or handling of organic agricultural products.

(e) A certificate issued under this subchapter remains in effect

until surrendered, suspended, or revoked in accordance with

procedures established by department rule and Section 18.0075.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.17, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 211, Sec. 3, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 1288, Sec. 3, eff. June 21, 2003.

Sec. 18.004. REGISTRATION PROGRAM. The department by rule may

establish a voluntary or mandatory registration program for

persons who produce, process, distribute, handle, or advertise

organic products in this state and for persons who certify any

producers, processors, distributors, or handlers located in this

state.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.18, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept.

1, 1995; Acts 2003, 78th Leg., ch. 1288, Sec. 4, 5, 12, eff. June

21, 2003.

Sec. 18.006. FEES. (a) The department by rule may require a

fee for each:

(1) application for certification;

(2) application for registration or registration renewal;

(3) annual report required by the department;

(4) certificate issued by the department; and

(5) document required by the federal government, another state,

or a foreign country that is issued by the department under this

subchapter.

(b) The department may establish:

(1) a different fee amount for each fee under Subsection (a);

and

(2) a fee schedule for each fee under Subsection (a).

not more than twice the amount of the fee authorized under

Subsection (a) and required to be paid by a date established by

rule or by written notice provided to the person who owes the

fee.

(d) The department shall set fees under this subchapter in

amounts that enable it to recover the costs of administering this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.19, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept.

1, 1995; Acts 2003, 78th Leg., ch. 1288, Sec. 6, eff. June 21,

2003.

Sec. 18.007. DENIAL, SUSPENSION, OR REVOCATION OF ORGANIC

CERTIFICATION OR REGISTRATION. The department may deny, suspend,

or revoke a certification or registration issued under this

subchapter if the person to whom the certification or

registration was issued:

(1) makes a false representation material to a matter governed

by this subchapter; or

(2) violates or refuses to comply with this subchapter or a rule

or instruction of the department under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1288, Sec. 7, eff. June

21, 2003.

Sec. 18.0075. ADMINISTRATIVE PROCEDURES. (a) To the extent

consistent with the requirements of the national organic program,

the department by rule shall adopt administrative procedures

relating to assessment of administrative penalties and other

sanctions for violations of this subchapter. Chapter 2001,

Government Code, does not apply to department rules adopted under

this subchapter to the extent that Chapter 2001, Government Code,

conflicts with the requirements of the national organic program.

(b) The department shall provide a person with written notice of

the department's intent to assess the person with an

administrative penalty or other sanction. If the department

requires a written response to the notice, the department shall

allow the person not less than 10 days after the date the person

receives the notice to provide the department with the written

response. A written response may contain an admission of a

violation of this subchapter or rule adopted under this

subchapter, as applicable, and an agreement to assessment of the

applicable administrative penalty or sanction.

default judgment without a hearing for failure to submit to the

department a written response under Subsection (b) that contains

a request for a hearing and a general or specific denial that the

department's action is warranted by the facts or law.

(d) A default judgment may be entered under this section by

order of the commissioner. The order entering a default judgment

is final on the day the commissioner issues the order.

(e) A default judgment may be appealed for review de novo to a

Travis County district court not later than the first anniversary

of the date the order is issued under Subsection (d).

(f) On appeal, the court may only consider the issues of whether

the appellant received proper notice as required by Subsection

(b) and whether the department received a proper response under

Subsection (b). The appellant has the burden of proof to

establish, by a preponderance of the evidence, that proper notice

was not received by the appellant or that a proper response under

Subsection (b) was received by the department. If the appellant

prevails, the default judgment shall be vacated and the case

shall be remanded to the department for an administrative hearing

on the substantive issues raised by the department's notice.

(g) The State Office of Administrative Hearings shall conduct

any hearing required by a rule of the department adopted under

this subchapter.

(h) In the absence of administrative procedures adopted by the

department under this section, the procedures under Chapter 12

and under Chapter 2001, Government Code, apply to the assessment

of administrative penalties or license sanctions, except that the

procedures may, on motion of a party or on the administrative law

judge's own motion, be modified by the judge as necessary to

comply with standards and procedures under the national organic

program.

Added by Acts 2003, 78th Leg., ch. 1288, Sec. 8, eff. June 21,

2003.

Sec. 18.008. PENALTY. (a) A person commits an offense if the

person knowingly:

(1) violates this subchapter; or

(2) fails to comply with a notice, order, or rule of the

department under this subchapter.

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff.

Sept. 1, 1995.

Sec. 18.009. CIVIL PENALTY; INJUNCTION. (a) A person who

violates this subchapter or a rule adopted under this subchapter

is liable to the state for a civil penalty not to exceed $10,000

for each violation. Each day a violation continues is a separate

violation for purposes of a civil penalty assessment.

(b) On request of the department, the attorney general or the

county attorney or district attorney of the county in which the

violation is alleged to have occurred shall file suit to collect

the penalty.

deposited in the general revenue fund. All civil penalties

recovered in suits instituted by a county or district attorney

under this section shall be divided between the state and the

county in which the county or district attorney brought suit,

with 50 percent of the recovery to be paid to the general revenue

fund and 50 percent to the county.

(d) The department is entitled to appropriate injunctive relief

to prevent or abate a violation of this subchapter or a rule

adopted under this subchapter. On request of the department, the

attorney general or the county or district attorney of the county

in which the alleged violation is threatened or occurring shall

file suit for the injunctive relief. Venue is in the county in

which the alleged violation is threatened or is occurring.

(e) This section is applicable only if the department chooses to

use civil remedy as opposed to criminal penalty under Section

18.008.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1288, Sec. 9, eff. June

21, 2003.

Sec. 18.010. STOP-SALE ORDER. (a) If an organic agricultural

product is being sold or distributed in violation of this

subchapter or a rule adopted under this subchapter, the

department may issue a written order to stop the sale or

distribution of the product by a person in control of the

product. The product named in the order may not be sold or

distributed while labeled, marketed, advertised, or otherwise

represented as "organic" until:

(1) permitted by a court under Subsection (b); or

(2) the department determines that the sale or distribution of

the product is in compliance with this subchapter and rules

adopted under this subchapter.

(b) A person in control of the product named in the order may

bring suit in a court in the county where the product is located.

After a hearing, the court may permit the product to be sold if

the court finds the product is not being sold in violation of

this subchapter or a department rule issued under this

subchapter.

under another section of this subchapter.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 52, Sec. 6, eff. May 7,

2001; Acts 2003, 78th Leg., ch. 1288, Sec. 10, eff. June 21,

2003.

Sec. 18.011. PUBLIC INFORMATION. Information created,

collected, assembled, or maintained by the department under this

subchapter is public information, except that the department by

rule may exempt specified information from disclosure but only to

the extent necessary to comply with the national organic program.

Added by Acts 2003, 78th Leg., ch. 1288, Sec. 11, eff. June 21,

2003.

SUBCHAPTER B. AGRICULTURAL PRODUCT STANDARDS

Sec. 18.051. PRODUCT CERTIFICATION PROGRAMS. (a) The

department may establish certification programs relating to the

protection, sale, advertising, marketing, transporting, or other

commercial handling of agricultural, horticultural, or related

products in this state if the department determines that a

certification program is warranted to:

(1) ensure genetic purity, identity, or disease or pest

resistance; or

(2) help prevent the spread of insects, other pests, diseases,

or pathogens.

(b) The department may regulate the use of the term "Texas

Certified Product," other terms that indicate product quality

standards, and symbols connected with those terms as used with a

product regulated under this subchapter.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

Sec. 18.052. STANDARDS. The department by rule may develop

minimum certification standards for the administration and

enforcement of this subchapter.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

Sec. 18.053. FEES. The department may set fees under this

subchapter in amounts that do not exceed the amounts reasonably

necessary to enable the department to recover the costs of

administering this subchapter.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

Sec. 18.054. CIVIL PENALTY; INJUNCTION. (a) A person who

violates this subchapter or a rule adopted by the department

under this subchapter is liable for a civil penalty not to exceed

$500 for each violation. Each day a violation continues is a

separate violation for purposes of assessment of a civil penalty

under this section.

(b) A civil penalty recovered by the department under this

section shall be deposited in the general revenue fund. A civil

penalty recovered in an action instituted by a local government

under this section shall be equally divided between this state

and the local government, with 50 percent of the penalty

recovered paid to the general revenue fund and the other 50

percent to the general fund of the local government instituting

the action.

county attorney or district attorney of the county in which the

violation is alleged to have occurred shall bring an action to

collect the civil penalty.

(d) The department is entitled to appropriate injunctive relief

to prevent or abate a violation of this subchapter or a rule

adopted under this subchapter. On the request of the department,

the attorney general or the county attorney or district attorney

of the county in which the alleged violation is threatened or

occurring shall bring an action for the injunctive relief. Venue

for the action lies in the county in which the alleged violation

is threatened or occurring.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

SUBCHAPTER C. AGRICULTURAL PRODUCTION PROCESS CERTIFICATION

PROGRAM

Sec. 18.071. AGRICULTURAL CERTIFICATION. The department may

establish certification programs under this subchapter relating

to the protection, sale, advertising, marketing, or related

production processes in this state.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2003, 78th Leg., ch. 196, Sec. 3, eff.

Sept. 1, 2003.

Sec. 18.072. CERTIFICATION STANDARDS. The department by rule

may develop programs establishing minimum certification standards

for production processes.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

Sec. 18.073. FEES. The department may set fees under this

subchapter in amounts that do not exceed the amounts reasonably

necessary to enable the department to recover the costs of

administering this subchapter.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

Sec. 18.074. ADMINISTRATIVE PENALTY. The department may assess

an administrative penalty under Section 12.020 if the department

determines that a person is falsely claiming to be certified

under this subchapter.

Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1,

1995.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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