CHAPTER 18.  CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS
SUBCHAPTER A.  ORGANIC STANDARDS AND CERTIFICATION

Sec. 18.001.  Definitions.

         In this subchapter:

                       (1) "Distributor" means a person engaged in the business of
         selling food or fiber for resale, including a wholesaler,
         broker, packer, repacker, shipper, or shipping agent.

                       (2) "Logo" means the department's copyrighted "Texas
         Department of Agriculture Certified Organic" or "Texas
         Department of Agriculture Organic Certification
         Pending--Transitional" logotype.

                       (3) "Organic certifying agent" means an organic
         certification organization registered under this subchapter.

                       (4) "Organic farming" means a system of ecological soil
         management that relies on building humus levels through crop
         rotations, recycling organic wastes, and applying balanced
         mineral amendments and that uses, when necessary, mechanical,
         botanical, or biological controls with minimum adverse effects
         on health and environment.

                       (5) "Organic food" includes only food that is produced under
         a system of organic farming and processed, packaged,
         transported, and stored to retain maximum nutritional value
         without the use of artificial preservatives, coloring or other
         additives, ionizing radiation, or synthetic pesticides.

                       (6) "Organic fiber" includes only fiber that is produced
         under a system of organic farming and processed, packaged,
         transported, and stored to maintain segregation and prevention
         of contamination from other fiber or synthetic pesticides,
         prohibited defoliants, or desiccants.

                       (7) "Processor" means a person who is engaged in the
         business of manufacturing raw agricultural commodities into
         food, feed, or fiber products.

                       (8) "Producer" means a person who is engaged in the business
         of growing or producing food, feed, or fiber.

                       (9) "Retailer" means a person, other than a restaurant
         operator, who is engaged in the business of selling food at
         retail, other than at a restaurant, to its ultimate consumer.

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. 18.002.  Rules.

         The department may adopt rules necessary for the enforcement
and administration 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.

Sec. 18.003.  Organic Certification.

         (a) The department shall certify producers, processors,
distributors, and retailers of organic food and fiber in this
state.  The department by rule shall adopt minimum standards for
certification under this subchapter.

         (b) A person may apply for an organic certification, or a
renewal of an organic certification, by submitting an application
and an annual fee prescribed by the department.

         (c) An organic certification shall be for a period prescribed
by the department. A person who fails to submit a renewal fee on
or before the expiration date of the certification must pay, in
addition to the renewal fee, the late fee provided by Section
12.024 of this code.

         (d) A person who is certified under this subchapter may use
department logos as provided by department rule.

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.

Sec. 18.004.  Organic Certifying Agent Registration Program.

         (a) The department by rule may register a person as an organic
certifying agent.  On receipt of a certificate of registration
under this section, an organic certifying agent may certify for
the department a producer, processor, distributor, or retailer of
organic food or fiber under this subchapter.

         (b) A person may apply for a certificate of registration, or a
renewal of a certificate of registration, by submitting an
application and an annual fee prescribed by the department.

         (c) The department may issue a certificate of registration
under this section only if it determines that the applicant's
certification standards are equivalent to department
certification standards.

         (d) A certificate of registration expires on the first
anniversary of the date of issuance.  A person who fails to
submit a renewal fee on or before the expiration date of the
certificate of registration must pay, in addition to the renewal
fee, the late fee provided by Section 12.024 of this code.

         (e) An organic certifying agent may not:

                       (1) provide an organic certification for a person with whom
         the organic certifying agent, or an employee of the organic
         certifying agent, has, or has had, a commercial relationship,
         including providing consulting services;

                       (2) accept payment, gifts, or other favors of any kind from
         a person seeking certification, other than fees permitted by
         this subchapter; or

                       (3) charge a fee other than a fee prescribed by this
         subchapter for providing advice about organic practices or
         techniques.

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.

Sec. 18.005.  Use of Term "Organic".

         A person may not label, market, advertise, or represent as
"organic" any food or fiber that is sold, kept, offered, or
exposed for sale, unless that person is:

                       (1) certified directly by the department under Section
         18.003 of this code;

                       (2) certified by an organic certifying agent under Section
         18.004 of this code; or

                       (3) certified by an organic certifying agent recognized
         under department rule.

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. 18.006.  Fees.

         (a) The department shall charge an annual fee, as provided by
department rule, for each applicant certified as a producer,
distributor, or retailer and a fee, as provided by department
rule, for each applicant certified as a processor of organic food
or fiber produced in this state.

         (b) The department shall charge an annual fee, as provided by
department rule, for each applicant certified as a distributor or
retailer and a fee, as provided by department rule, for each
applicant certified as a processor of organic food or fiber
produced outside of this state.

         (c) The department shall charge an annual fee, as provided by
department rule, for a person who obtains a certificate of
registration as an organic certifying agent.

         (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.

Sec. 18.007.  Denial, Suspension, or Revocation of Organic Certification or
Organic Certifying Agent Registration.

         The department may deny, suspend, or revoke a certification of
a producer, processor, distributor, or retailer or a certificate
of registration issued to an organic certifying agent 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.

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 $500 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, Sec. 1, eff. Aug. 30,
1993.

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

Sec. 18.010.  Stop-Sale Order.

         (a) If food or fiber is being sold in violation of this
subchapter or a rule adopted under this subchapter, the
department may issue a written order to stop the sale of that
item of food or fiber by a person in control of the item.  The
person named in the order may not sell the item until:

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

                       (2) the department determines that the sale of the item is
         in compliance with this subchapter and rules adopted under this
         subchapter.

         (b) The person named in the order may bring suit in a court in
the county where the item is located.  After a hearing, the court
may permit the item to be sold if the court finds the item 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, Sec. 1, eff. Aug. 30,
1993.

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

         (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, Sec. 1, eff. Sept. 1,
1995.
  SUBCHAPTER C.  AGRICULTURAL PRODUCTION PROCESS CERTIFICATION
                            PROGRAM
                                
           Sec. 18.071.  Agricultural Certification.
                                
 The department may establish voluntary 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.

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.
               SUBCHAPTER A.  GENERAL PROVISIONS
                  SUBCHAPTER B.  REGISTRATION
                    SUBCHAPTER C.  ENFORCEMEN