Texas Agriculture Code - Section 71.060. Stop-Sale Order
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§ 71.060. STOP-SALE ORDER. (a) If the department has
reason to believe that a florist item or nursery product is in
violation of this subchapter or a rule adopted under this
subchapter, the department may issue and enforce a written order to
stop the sale of the florist item or nursery product. The
department shall present the order to the owner or the person in
control of the florist item or nursery product. The person who
receives the order may not sell the florist item or nursery product
until discharged by a court under Subsection (b) of this section or
until the department determines that the florist item or nursery
product is in compliance with this subchapter and the rules adopted
under this subchapter.
(b) The owner or the person in control of any florist item or
nursery product prohibited from sale by an order of the department
is entitled to sue in a court of competent jurisdiction where the
florist item or nursery product is found for a judgment as to the
justification of the order and for the discharge of the florist item
or nursery product from the order in accordance with the findings of
the court.
(c) This section does not limit the right of the department
to proceed as authorized by another section of this subchapter.
Added by Acts 1989, 71st Leg., ch. 230, § 58, eff. Sept. 1, 1989.
Section: 71.053 71.054 71.055 71.056 71.057 71.058 71.059 71.060 71.101 71.102 71.103 71.104 71.105 71.106 71.107
Last modified: August 10, 2007
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