AGRICULTURE CODE
CHAPTER 94. CITRUS FRUIT MATURITY STANDARDS
SUBCHAPTER A. GENERAL
§ 94.001. DEFINITIONS. In this chapter:
(1) "Distributing house" means a place that receives
or ships, or a truck or railroad car that carries, citrus fruit that
has been shipped into this state from another.
(2) "Grove" means an area where citrus fruit is grown,
including a yard, garden, or orchard.
(3) "Packing house" means a place where citrus fruit
is packed or prepared to be marketed or transported.
Acts 1981, 67th Leg., p. 1242, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.002. EXCEPTIONS. Except to the extent
specifically provided by this chapter, this chapter does not apply
to:
(1) citrus fruit other than citrus grandis, osbeck,
commonly known as grapefruit, and citrus sinensis, osbeck, commonly
known as oranges;
(2) a sale of citrus fruit "on the trees";
(3) grapefruit that is shipped after December 1 of a
year and before August 1 of the following year;
(4) early or midseason oranges that are shipped after
November 1 of a year and before August 1 of the following year; or
(5) transportation of citrus fruit from a grove to a
packing house located in this state.
Acts 1981, 67th Leg., p. 1242, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 290, § 1, eff. June 5, 1995.
§ 94.003. DEPARTMENT TO ADMINISTER. (a) The
department shall direct and supervise the inspection and
certification of maturity of citrus fruit under this chapter. The
department shall adopt rules that define maturity standards for
grapefruit and maturity standards for oranges according to the
amount of juice and the amount of soluble solids in the fruit and
the ratio of soluble solids to anhydrous citric acids in the fruit.
The department may adopt rules relating to:
(1) the number and character of certificates of
inspection and maturity;
(2) inspection requests; and
(3) seasonal requirements of citrus fruit for fitness
for human consumption.
(b) The department may direct and supervise the inspection
and certification of maturity of citrus fruit under this chapter
through the operation of an inspection service organized under
Subchapter A, Chapter 91, of this code.
Acts 1981, 67th Leg., p. 1242, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1993, 73rd Leg., ch. 323, § 2, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 290, § 2, eff. June 5, 1995.
§ 94.005. STAFF AND EXPENSES. (a) The department may
employ a chief of the maturity division.
(b) The department may employ a staff that is adequate to
enforce this chapter effectively.
(c) The department may pay all expenses necessarily
incurred to enforce this chapter.
Acts 1981, 67th Leg., p. 1243, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER B. PACKING HOUSES
§ 94.011. REGISTRATION. (a) Each year, the owner,
manager, or operator of a packing house that is in operation during
the fruit shipping season shall register the packing house with the
department at least 10 days before packing or preparing citrus
fruit for sale or transportation.
(b) The application for registration under this section
must include the location, shipping points, and post office address
of the packing house.
Acts 1981, 67th Leg., p. 1243, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.012. NOTICE OF OPERATION. After October 14 and
before December 17 of each year, the owner, manager, or operator of
a packing house shall notify the department in writing of the date
packing operations are to begin. The notice is due at least seven
days prior to beginning operations.
Acts 1981, 67th Leg., p. 1243, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER C. MATURITY STANDARDS
§ 94.021. GRAPEFRUIT. Grapefruit that meet the
maturity standards for grapefruit established by rule of the
department are mature.
Acts 1981, 67th Leg., p. 1243, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 290, § 3, eff. June 5, 1995.
§ 94.022. ORANGES. Oranges that meet the maturity
standards for oranges established by rule of the department are
mature.
Acts 1981, 67th Leg., p. 1244, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1987, 70th Leg., ch. 240, § 1, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 290, § 4, eff. June 5, 1995.
§ 94.025. UNFIT CITRUS FRUIT. (a) Citrus fruit that is
immature, unripe, overripe, frozen, frost damaged, or otherwise
unfit for consumption may not be sold or offered for sale.
(b) Grapefruit that is immature or otherwise unfit for
consumption may not be prepared for sale or transportation,
transported, or received for any purpose prohibited by this
section, from December 2 of one year to July 31 of the following
year. Early or midseason oranges that are immature or otherwise
unfit for consumption may not be prepared for sale or
transportation, transported, or received for any purpose
prohibited by this section, from November 2 of one year to July 31
of the following year.
Acts 1981, 67th Leg., p. 1244, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 290, § 5, eff. June 5, 1995.
SUBCHAPTER D. CITRUS FRUIT INSPECTION
§ 94.031. INSPECTION. (a) Grapefruit may not be
transported, or prepared, received, or delivered for
transportation or market, after July 31 and before December 2 each
year unless the grapefruit has been inspected for maturity and
approved by a citrus fruit inspector employed by or otherwise under
the direction and supervision of the department or by a United
States Department of Agriculture citrus fruit inspector and is
accompanied by a maturity stamp.
(b) Early and midseason oranges may not be transported, or
prepared, received, or delivered for transportation or market,
after July 31 and before November 2 each year unless the oranges
have been inspected for maturity and approved by a citrus fruit
inspector employed by or otherwise under the direction and
supervision of the department or by a United States Department of
Agriculture citrus fruit inspector and are accompanied by a
maturity stamp.
(c) A certificate of inspection and maturity issued under
this section must identify the citrus fruit to which it relates.
Acts 1981, 67th Leg., p. 1244, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 290, § 6, eff. June 5, 1995.
§ 94.032. MATURITY STAMPS. (a) If the requirements of
this chapter are met and the department receives the fee required
under this subchapter, the department shall issue maturity stamps
to vendors and shippers of citrus fruit.
(b) The maturity stamp is evidence that the inspection fee
has been paid.
(c) A vendor or shipper shall securely attach a maturity
stamp to:
(1) each package of citrus fruit that is prepared for
sale or delivery for transportation; or
(2) the bill of lading or other shipping receipt, if
the citrus fruit is prepared for sale or delivery for
transportation in bulk.
Acts 1981, 67th Leg., p. 1244, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.033. INSPECTION SITES. Citrus fruit shall be
inspected and certificates of inspection and maturity issued only
at a grove, registered packing house, or distributing house.
Acts 1981, 67th Leg., p. 1245, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.034. INSPECTION AT A GROVE. (a) A person may
request and is entitled to receive a citrus fruit inspection by the
department at a grove.
(b) An inspector shall test a representative sample of the
citrus fruit in the grove in the presence of the owner of the grove
or the owner's agent.
(c) Following inspection, the inspector shall issue a
certificate of clearance that authorizes the removal and sale of
citrus fruit that is satisfactory.
Acts 1981, 67th Leg., p. 1245, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.035. INSPECTION FEES. (a) A person who sells or
ships grapefruit after July 31 and before December 2 of a year, or
early or midseason oranges after July 31 and before November 2 of a
year, shall pay to the department a fee, as provided by department
rule.
(b) The fees under this section are due when citrus fruit is
prepared for market or transportation.
Acts 1981, 67th Leg., p. 1245, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 290, § 7, eff. June 5, 1995;
Acts 1995, 74th Leg., ch. 419, § 2.42, eff. Sept. 1, 1995.
§ 94.036. DENIAL OF CERTIFICATE. A department
inspector may not issue a certificate of inspection and maturity to
a packing house that has not complied with Section 94.011, 94.012,
or 94.025 of this code.
Acts 1981, 67th Leg., p. 1245, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.037. IMPORTED CITRUS FRUIT. The department may
test citrus fruit brought into this state from any outside area for
marketing or sale if there is reason to believe that the citrus
fruit does not comply with the maturity standards of this chapter
for similar citrus fruit produced in this state.
Acts 1981, 67th Leg., p. 1245, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.038. INSPECTION FOR SUBSTITUTION AND CONDEMNATION
OF UNFIT CITRUS FRUIT. (a) The department may conduct tests of
citrus fruit at any location where citrus fruit is offered for sale
or for shipment if there is reason to believe that immature or green
citrus fruit has been substituted for ripe citrus fruit.
(b) If after inspecting and testing citrus fruit that is
being or has been prepared for sale or transportation the
department determines that the citrus fruit is unfit for
consumption, the unfit citrus fruit is condemned as a public
nuisance and as detrimental to public health.
(c) The department or the sheriff of the county where the
citrus fruit is located shall seize and destroy condemned citrus
fruit.
(d) In lieu of seizure and destruction of condemned citrus
fruit, the department may allow disposition by the owner in
accordance with department rules.
Acts 1981, 67th Leg., p. 1245, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER E. PENALTIES
§ 94.051. OFFENSES. A person commits an offense if the
person:
(1) as a department inspector, falsifies a certificate
of inspection and maturity or fails to collect the inspection fee
under this chapter;
(2) operates a citrus fruit packing house, or packs or
prepares citrus fruit for sale or transportation in a packing
house, unless the person has registered the packing house and given
the notices required under this chapter;
(3) sells, delivers, transports, or delivers or
receives citrus fruit for transportation, unless the citrus fruit
bears the stamps provided by the department to indicate that the
fees on the citrus fruit have been paid;
(4) intentionally substitutes green fruit for ripe
fruit that has received a clearance certificate;
(5) interferes with an authorized inspector in
performing a requirement of this chapter; or
(6) violates any other provision of this chapter.
Acts 1981, 67th Leg., p. 1246, ch. 388, § 1, eff. Sept. 1, 1981.
§ 94.052. PENALTY. An offense under Section 94.051 of
this code is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1246, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 110, eff. Sept. 1,
1989.
