Law:Title 5. Production, Processing, And Sale Of Horticultural Products. Subtitle F. Production, Processing, And Sale Of Nursery Products (Texas)

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Subtitle F. Production, Processing, And Sale Of Nursery Products

Contents

Chapter 121. Grading Of Roses

Section  121.001.  Purpose.

The purpose of this chapter is to provide the department with the authority necessary to adopt rules and prescribe procedures for the inspection, grading, and labeling of all rose plants sold or offered for sale within this state.

Acts 1981, 67th Leg., p. 1303, ch. 388, Sec. 1, eff. Sept. 1, 1981.



Section  121.002.  Definition.

In this chapter, "rose plant" includes a rose plant, cutting, or bush.

Acts 1981, 67th Leg., p. 1303, ch. 388, Sec. 1, eff. Sept. 1, 1981.



Section  121.003.  Rose Grades.

(a) The department shall adopt grade classifications for rose plants, including a classification for ungraded rose plants.

(b)  A person may not sell or offer for sale in commercial quantities or as a part of the regular operation of business a rose plant that is not graded in accordance with the grades adopted by the department under this chapter.

Acts 1981, 67th Leg., p. 1303, ch. 388, Sec. 1, eff. Sept. 1, 1981.



Section  121.005.  Labeling.

(a) Each rose plant or shipment of rose plants shall be labeled with  the proper grade.

(b)  A person may not sell or offer for sale in commercial quantities or as a part of the regular operation of business any rose plant or shipment of rose plants that is not labeled in accordance with the grades adopted by the department.

Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 5.31, eff. September 1, 2009.



Section  121.006.  Inspection.

(a) The department shall inspect and grade or verify the grade of rose plants that are offered for sale in this state.

(b)  The department may accept the inspection, grading, and labeling of a rose plant or a shipment of rose plants performed by the authority of another state if:

(1)  the plant or shipment is plainly labeled with the grade or is plainly marked that the plant or plants are ungraded; and

(2)  the grade of the plant or plants is at least equal to the grade adopted by the department.

Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1, 1981.



Section  121.007.  Rules.

The department may adopt rules necessary to carry out this chapter.

Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 12, eff. Sept. 1, 1997.



Section  121.008.  Entry Power.

The department shall enforce this chapter and is entitled to enter during normal business hours any place of business, farm, shed, or other location in this state where rose plants are grown, sold, offered for sale, or displayed.

Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1, 1981.



Section  121.009.  Stop-sale Order.

In enforcing this chapter, the department may issue and enforce a written or printed order to stop the sale of a rose plant or a shipment of rose plants that is not labeled with the proper grade. If an order is issued, a person may not sell the plant or shipment until it has been properly graded and labeled.

Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1, 1981.



Section  121.010.  Penalty.

(a) A person commits an offense if the person advertises, sells, or offers for sale a rose plant or a shipment of rose plants that is not clearly and distinctly marked with a grade in accordance with the rules of the department.

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

Acts 1981, 67th Leg., p. 1305, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 126, eff. Sept. 1, 1989.


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