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.