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Texas Agriculture Code - Chapter 141 Commercial Feed

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  • Texas Agriculture Code Section 141.001. In this chapter: (1) "Animal" means an animate being that is not human and has the power of voluntary action. (2) "Board" means the board of regents of The Texas A&M University System. (3) "Broker" means a person who is employed on a commission basis to sell property for another person. The term does not include a person who: (A) has possession or absolute control over the property that is to be sold; (B) receives a salary; or (C) acts for one party to the exclusion of all others. (4) "Bulk" means any lot of commercial feed that is not in a closed container at the time it passes to the possession of the consumer and includes that feed at any stage of distribution. (5) "Container" means a bag, box, barrel, bottle, package, carton, object, apparatus, device, or appliance in which commercial feed is packed, stored, or placed for handling, transporting, or distributing. (6) "Cotton plant by-products" means the residue from the ginning of cotton. (7) "Customer-formula feed" means a mixture of commercial feed or feed material all or part of which is furnished by the person who processes, mixes, mills, or otherwise prepares the mixture and which is mixed according to the specific instructions of the purchaser. The term includes a special formula feed or a made-to-order feed. (8) "Director" means the director of the Texas Agricultural Experiment Station. (9) "Distribute" means sell, offer for sale, barter, exchange, or otherwise supply. (10) "Feed facility" means a site where feed, a component of feed, or feed ingredients are mixed, custom blended, ground, unground, manufactured, milled, bagged, salvaged, or processed. (11) "Ingredient" means a constituent material of commercial feed. (12) "Label" means a display of written, printed, or graphic matter on or affixed to or wrapped with a container or on an invoice or delivery slip. (13) "Licensee" means a person who obtains a license to operate a feed facility under this chapter. (14) "Official sample" means a sample of feed taken by the service and designated as official by the service. (15) "Product" means the name of the commercial feed that identifies it as to kind, class, or specific use and includes the brand, term, trademark, or other specific designation under which commercial feed is distributed in this state. (16) "Purchaser" means a person who buys or otherwise acquires a commercial feed, customer-formula feed, or custom-mix or custom-mill service. (17) "Service" means the Texas Feed and Fertilizer Control Service. (18) "Ton" means a net weight of 2,000 pounds avoirdupois or 1,000 kilograms metric. (19) "Weight" means net weight of a container of commercial feed expressed in either the avoirdupois or metric system. Acts 1981, 67th Leg., p. 1323, ch. 388, § 1, eff. Sept - 1, 1981
    Amended by Acts 1983, 68th Leg., p. 1858, ch. 349, art. 2, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 107, § ...
  • Texas Agriculture Code Section 141.002 - Commercial Feed
    (a) Except as otherwise provided by this section, a material is a commercial feed subject to this chapter if it is a simple, mixed, compounded, ...
  • Texas Agriculture Code Section 141.003 - Administration
    (a) The Texas Feed and Fertilizer Control Service is under the direction of the director of the Texas Agricultural Experiment Station, who is responsible for ...
  • Texas Agriculture Code Section 141.004 - Rules; Minimum Standards
    Following notice and public hearing, the service may adopt rules as necessary for the enforcement of this chapter, including rules defining and establishing minimum standards ...
  • Texas Agriculture Code Section 141.005 - Publications
    (a) At least annually, the service shall publish: (1) information concerning the sales of commercial feeds, together with data on commercial feed production and use ...
  • Texas Agriculture Code Section 141.006 - Custom Processing
    This chapter does not apply to the mixing, milling, or processing of a material produced by a purchaser of commercial feed or acquired by the ...
  • Texas Agriculture Code Section 141.007 - Aflatoxin Control
    The service shall establish by rule aflatoxin contamination levels considered safe for whole seed and whole grain offered for retail sale for wildlife feed. Added ...
  • Texas Agriculture Code Section 141.021 - License Required
    (a) A person may not manufacture or distribute commercial feed in this state without a valid current license issued by the service for each feed ...
  • Texas Agriculture Code Section 141.023 - Term Of License
    A license issued under this chapter is permanent unless: (1) the service revokes, suspends, annuls, or amends the license; (2) the licensee withdraws or cancels ...
  • Texas Agriculture Code Section 141.025 - Refusal Or Revocation Of License
    Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing license or may refuse to issue a license if it ...
  • Texas Agriculture Code Section 141.051 - Labeling Of Commercial Feed
    (a) Except as provided by Subsection (d) of this section, each container of commercial feed distributed in this state, other than customer-formula feed, must have ...
  • Texas Agriculture Code Section 141.052 - Labeling Of Bulk Commercial Feed
    At the time of delivery of bulk commercial feed distributed in this state, other than customer-formula feed, the manufacturer or other person distributing the feed ...
  • Texas Agriculture Code Section 141.053 - Labeling Of Customer-Formula Feed
    (a) Except as provided by Subsection (b) of this section, a person distributing customer-formula feed in this state shall furnish to the purchaser at the ...
  • Texas Agriculture Code Section 141.054 - General Label Restrictions
    Except as authorized by this chapter or a rule of the service, the label of a commercial feed may not: (1) advertise, name, promote or ...
  • Texas Agriculture Code Section 141.055 - Request For Label Review
    (a) The service shall: (1) by rule adopt procedures that allow a licensee to submit a product label to the service for review; (2) review ...
  • Texas Agriculture Code Section 141.071 - Inspection Fee
    (a) For each state fiscal year, a person who manufactures or distributes commercial feed or a component of commercial feed in this state, including a ...
  • Texas Agriculture Code Section 141.072 - Quarterly Tonnage Reporting And Inspection Fee Payment
    (a) The person responsible for paying the inspection fee for a feed facility generating $100 or more during a license year in tonnage fees shall ...
  • Texas Agriculture Code Section 141.073 - Penalty For Late Filing Or Payment
    (a) If a person paying the inspection fee on the basis of tonnage reporting does not file a quarterly report or pay the fee before ...
  • Texas Agriculture Code Section 141.074 - Records; Additional Reports; Audits
    (a) For the purpose of determining the accurate tonnage of commercial feed distributed in this state or identify or verify tonnage reports, the service may ...
  • Texas Agriculture Code Section 141.075 - Disposition And Use Of Fees
    (a) The service shall deposit fees collected under this subchapter in the same manner that other local institutional fees of The Texas A & M ...
  • Texas Agriculture Code Section 141.101 - Inspection And Sampling; Entry Power
    In order to determine if feed is in compliance with this chapter, the service is entitled to: (1) enter during regular business hours and inspect ...
  • Texas Agriculture Code Section 141.102 - Procedure For Sampling And Analysis
    The service by rule shall prescribe the procedures for sampling and analysis of commercial feed. The procedures must, to the extent practicable, be in accordance ...
  • Texas Agriculture Code Section 141.103 - Identification Of Sample
    (a) Each sample taken shall be sealed with a label placed on the container of the sample showing: (1) the serial number of the sample; ...
  • Texas Agriculture Code Section 141.104 - Independent Analysis Of Sample
    (a) If the service finds through chemical analysis or another method that a commercial feed is in violation of a provision of this chapter, the ...
  • Texas Agriculture Code Section 141.121 - Stop-Sale Order
    (a) If the service has reasonable cause to believe that a commercial feed is being distributed in violation of a provision of this chapter, the ...
  • Texas Agriculture Code Section 141.122 - Condemnation Of Feed
    (a) If, after examination and analysis, the service finds that a commercial feed subject to a stop-sale order is in violation of a provision of ...
  • Texas Agriculture Code Section 141.123 - Warnings
    If the service determines that a violation of this chapter is of a minor nature and that the public interest will be served and protected ...
  • Texas Agriculture Code Section 141.124 - Injunction
    (a) The service may sue in the name of the director to enjoin a violation of this chapter. (b) The service may request a prosecuting ...
  • Texas Agriculture Code Section 141.125 - Suit To Recover Fees
    The service may sue to recover an inspection fee or a penalty due under Subchapter D of this chapter. Venue for a suit under this ...
  • Texas Agriculture Code Section 141.126 - Prosecutions
    Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be ...
  • Texas Agriculture Code Section 141.127 - Venue For Civil And Criminal Actions
    Except as provided by Section 141.125 of this code, venue for a civil action or criminal prosecution under this chapter is in the county in ...
  • Texas Agriculture Code Section 141.128 - Appeal Of Administrative Order Or Ruling
    (a) A person at interest who is aggrieved by an order or ruling of the service may appeal the order or ruling in the manner ...
  • Texas Agriculture Code Section 141.141 - General Penalty
    (a) A person commits an offense if the person violates a provision of this chapter. (b) An offense under this section is a Class C ...
  • Texas Agriculture Code Section 141.142 - Distribution Of Customer-Formula Feed In Violation Of Chapter
    (a) A person commits an offense if the person engages, conspires to engage, or causes another person to engage in the preparation, manufacture, or distribution ...
  • Texas Agriculture Code Section 141.143 - Distribution Of Commercial Feed Without License, Labeling, Or Payment Of Inspection Fee
    (a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed: (1) in violation of ...
  • Texas Agriculture Code Section 141.144 - Refusal Of Inspection Or Sampling
    (a) A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to permit entry, inspection, sampling, or ...
  • Texas Agriculture Code Section 141.145 - Refusal To Pay Inspection Fee Or Submit Records
    (a) A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to make records available, furnish reports, ...
  • Texas Agriculture Code Section 141.146 - Disposal Of Feed Subject To A Stop-Sale Order
    (a) A person commits an offense if the person disposes of feed subject to a stop-sale order in violation of Section 141.121 of this code. ...
  • Texas Agriculture Code Section 141.147 - Distribution Of Misbranded Feed
    (a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed that: (1) carries a ...
  • Texas Agriculture Code Section 141.148 - Distribution Of Adulterated Feed
    (a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed: (1) that is of ...
  • Texas Agriculture Code Section 141.149 - Rules; Penalty
    (a) The service shall adopt rules that conform to but are not more strict than current good manufacturing practices as established under 21 U.S.C. Section ...
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    Last modified: August 10, 2007