AGRICULTURE CODE
CHAPTER 18. CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS
SUBCHAPTER A. ORGANIC STANDARDS AND CERTIFICATION
§ 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 52, § 5, eff. May 7, 2001; Acts
2003, 78th Leg., ch. 1288, § 1, eff. June 21, 2003.
§ 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.
(c) To the extent consistent with federal law, the
department by 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1288, § 2, eff. June 21, 2003.
§ 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.
(c) The department by rule may require a person certified
under 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.17, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 211, § 3, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1288, § 3, eff. June 21, 2003.
§ 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.18, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1288, § 4, 5, 12, eff. June 21, 2003.
§ 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).
(c) The department may establish a late fee in an amount
that is 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.19, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1288, § 6, eff. June 21, 2003.
§ 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1288, § 7, eff. June 21, 2003.
§ 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.
(c) The department's administrative procedures may provide
for a 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, § 8, eff. June 21, 2003.
§ 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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1,
1995.
§ 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.
(c) A civil penalty collected under this section shall be
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, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1288, § 9, eff. June 21, 2003.
§ 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.
(c) This section does not limit the department's right to
act under another section of this subchapter.
Added by Acts 1993, 73rd Leg., ch. 650, § 1, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 425, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 52, § 6, eff. May 7, 2001; Acts
2003, 78th Leg., ch. 1288, § 10, eff. June 21, 2003.
§ 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, § 11, eff. June 21,
2003.
SUBCHAPTER B. AGRICULTURAL PRODUCT STANDARDS
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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.
(c) 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 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, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. AGRICULTURAL PRODUCTION PROCESS CERTIFICATION
PROGRAM
§ 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, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 196, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
