AGRICULTURE CODE
CHAPTER 92. TOMATO STANDARDIZATION AND INSPECTION
SUBCHAPTER A. GENERAL
§ 92.001. 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, quantity,
and condition of tomatoes they grow, ship, or purchase. The purpose
of this chapter is to authorize and prescribe the procedures by
which growers and shippers of tomatoes may secure prompt and
efficient inspection, classification, and grading of their product
at reasonable cost.
Acts 1981, 67th Leg., p. 1229, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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 Department of Agriculture, and all supplementary agreements
executed by the department and Texas firms, corporations, or
associations organized for that purpose.
(3) "Cooperative financing plan" means a system to
finance and collect the expenses of inspection under a cooperative
agreement.
(4) "Dealer" means a person who packs or delivers
tomatoes in commercial quantities to a transporting agency for
shipment.
(5) "Inspection certificate" means the joint
federal-state inspection certificate under the cooperative
agreement.
(6) "Inspector" means an employee of the department or
the United States Department of Agriculture who is authorized to
inspect or grade tomatoes or to certify tomatoes for shipment.
(7) "Person" means an individual, partnership,
corporation, or association.
Acts 1981, 67th Leg., p. 1229, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
§ 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) the conversion of tomatoes by a grower or packer
into a tomato by-product;
(4) the sale of unpacked or unmarked tomatoes by a
grower or packer to a person who operates a commercial by-product
plant and who intends to convert the tomatoes into a by-product for
resale; or
(5) a sale of tomatoes in less than commercial
quantities.
(b) The department may permit a grower with an entire crop
of tomatoes ripe on the vine to personally transport and sell those
tomatoes to retail merchants or consumers. If the department
determines that a permit granted under this subsection has been
abused, the department may cancel the permit.
Acts 1981, 67th Leg., p. 1230, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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 grades or those
described in Subchapter C of this chapter;
(2) adopt rules relating to tomato inspections,
standards, grades, packs, markings, and containers;
(3) adopt rules that in effect adopt a financing plan
for inspection contributions under a cooperative agreement under
Subchapter D of this chapter; and
(4) adopt rules relating to the issuance of licenses
required under this chapter.
Acts 1981, 67th Leg., p. 1230, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
SUBCHAPTER B. INSPECTION AND CERTIFICATION
§ 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 where the tomatoes are
packed or the transportation point as the inspection site.
Acts 1981, 67th Leg., p. 1231, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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 inspection station nearest the point of loading for
transportation.
Acts 1981, 67th Leg., p. 1231, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
SUBCHAPTER C. CONTAINERS, GRADES, AND PACKS
§ 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, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
§ 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 2
alternately in 4 rows on edge, 8 to the layer for the first layer, 2
and 2 alternately in 3 rows, flat, blossom end up, 6 to the layer for
the second layer, and 3 and 3 alternately in 3 rows on edge, blossom
end out, 9 to the layer for the third or last layer, 15 to the
basket; and
(3) 108's which are packed by placing 3 and 3
alternately in 3 rows on edge, 9 to the layer for the first layer,
and 3 and 3 alternately in 3 rows on edge, blossom end out, 9 to the
layer for the second or last layer, 18 to the basket.
(b) The standard packs for a four-basket crate of fancy
tomatoes are:
(1) 48's which are packed by placing 2 and 2
alternately in 3 rows, flat, blossom end up, 6 to the layer for the
first layer, and 2 and 2 alternately in 3 rows, flat, blossom end
up, 6 to the layer for the second or last layer, 12 to the basket;
(2) 56's which are packed by placing 2 and 2
alternately in 4 rows on edge, 8 to the layer for the first layer,
and 2 and 2 alternately in 3 rows, flat, blossom end up, 6 to the
layer for the second or last layer, 14 to the basket;
(3) 60's, which are packed by placing 2 and 2
alternately in 3 rows, flat, blossom end up, 6 to the layer for the
first layer, and 3 and 3 alternately in 3 rows on edge, blossom end
out, 9 to the layer for the second or last year, 15 to the basket;
(4) 64's which are packed by placing 2 and 2
alternately in 3 rows, flat, blossom end up, 6 to the layer for the
first layer, and 1 and 2 alternately in 7 rows, on edge, blossom end
out, 10 to the layer, 16 to the basket; and
(5) 72's, which are packed by placing 3 and 3
alternately in 3 rows on edge, 9 to the layer for the first layer,
and 3 and 3 alternately in 3 rows on edge, blossom end out, 9 to the
layer for the second or last layer, 18 to the basket.
Acts 1981, 67th Leg., p. 1231, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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 to the
layer for the second or last layer, 20 to the basket;
(2) 144's, which are packed by placing 3 and 3
alternately in 4 rows on edge, 12 to the layer for the first layer
and 3 and 3 in 4 rows on edge, blossom end out, 12 to the layer for
the second or last layer, 24 to the basket; and
(3) 180's, which are packed by placing 3 and 3
alternately in 5 rows on edge, blossom end out, 15 to the layer for
the second or last layer, 30 to the basket.
(b) The standard packs for a four-basket crate of choice
tomatoes are:
(1) 84's, which are packed by placing 3 and 3
alternately in 3 rows on edge, 9 to the layer for the first layer,
and 3 and 3 alternately in 4 rows on edge, blossom end out, 12 to the
layer for the second or last layer, 21 to the basket;
(2) 88's, which are packed by placing 3 and 3
alternately in 3 rows on edge, 9 to the layer for the first layer,
and 1 and 2 alternately in 9 rows on edge, blossom end out, 18 to the
layer, 22 to the basket;
(3) 96's which are packed by placing 3 and 3
alternately in 4 rows on edge, 12 to the layer for the first layer,
and 3 and 3 alternately in 4 rows on edge, blossom end out, 12 to the
layer for the second or last layer, 24 to the basket; and
(4) 104's, which are packed by placing 1 and 2
alternately in 9 rows on edge, 13 to the layer for the first layer,
and 1 and 2 alternately in 9 rows on edge, 13 to the layer, blossom
end out, for the second or last layer, 26 to the basket.
Acts 1981, 67th Leg., p. 1232, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
§ 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. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER D. COOPERATIVE AGREEMENTS
§ 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 contributions to be paid by dealers for
inspection and grading services to be performed by the department
under this chapter.
Acts 1981, 67th Leg., p. 1233, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
§ 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 cooperative agreement.
(c) The contribution for each different inspection or
grading service may be different.
(d) The amount of the contribution that the department may
charge for services rendered is the prescribed amount or the actual
cost of the service, whichever is less.
(e) The department shall hold or disburse the funds
contributed under this chapter in accordance with the cooperative
agreement.
Acts 1981, 67th Leg., p. 1233, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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 until
the contribution required under this subchapter is paid.
Acts 1981, 67th Leg., p. 1233, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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.
Acts 1981, 67th Leg., p. 1233, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 584, § 96, eff. Sept. 1,
1989.
SUBCHAPTER E. PENALTIES
§ 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 chapter;
(3) delivers or accepts tomatoes for transport, or
transports tomatoes that are not accompanied by a certificate of
inspection;
(4) accepts tomatoes for transport if the inspection
certificate that accompanies the tomatoes shows on its face that
the tomatoes are not in compliance with this chapter;
(5) knowingly or intentionally delivers tomatoes for
transport if the tomatoes are packed in a container or subcontainer
that is deceptively marked concerning the grade, standard, count,
arrangement, or pack of the contents;
(6) packs or transports tomatoes in a container or
subcontainer that is deceptively marked concerning the grade,
standard, size, count, pack, arrangement, brand, or trademark of
the contents;
(7) transports tomatoes in an unauthorized container
or subcontainer;
(8) sells, delivers for transport, or packs or
consigns for sale tomatoes unless the tomatoes conform to the
standards, grades, or classifications under this chapter;
(9) forges, falsifies, or changes an inspection
certificate;
(10) is in business as a dealer in tomatoes while
serving as commissioner or as an employee of the department, except
that the commissioner and employees of the department may sell
tomatoes they grow or produce; or
(11) violates a provision of this chapter.
Acts 1981, 67th Leg., p. 1234, ch. 388, § 1, eff. Sept. 1, 1981.
§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 108, eff. Sept. 1,
1989.
