2005 Texas Agriculture Code CHAPTER 121. GRADING OF ROSES


AGRICULTURE CODE
SUBTITLE F. PRODUCTION, PROCESSING, AND SALE OF NURSERY PRODUCTS
CHAPTER 121. GRADING OF ROSES
§ 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, § 1, eff. Sept. 1, 1981. § 121.002. DEFINITION. In this chapter, "rose plant" includes a rose plant, cutting, or bush. Acts 1981, 67th Leg., p. 1303, ch. 388, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 121.004. CERTIFICATE OF AUTHORITY. (a) The department shall issue a numbered certificate of authority to each person who determines or influences the grade of rose plants. (b) A certificate of authority expires on the first anniversary of the date on which it was issued or renewed. (c) Each person who determines or influences the grade of rose plants shall pay an annual fee for a certificate of authority based on the actual amount of work done by or under the direction of the department in administering this chapter. The department shall set a fee, as provided by department rule, according to the number of rose plants graded. Acts 1981, 67th Leg., p. 1304, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1995, 74th Leg., ch. 419, § 2.52, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 211, § 11, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 44, § 3, eff. Sept. 1, 2005. § 121.005. LABELING. (a) Each rose plant or shipment of rose plants shall be labeled with: (1) the proper grade; and (2) the number of the certificate of authority of the person selling or offering for sale the plant or shipment. (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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 121.007. RULES. The department may adopt rules necessary to carry out this chapter. Acts 1981, 67th Leg., p. 1304, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1997, 75th Leg., ch. 211, § 12, eff. Sept. 1, 997. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 126, eff. Sept. 1, 1989.

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