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Texas Agriculture Code - Chapter 63 Commercial FertilizerLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 63 Commercial Fertilizer Sponsored LinksIn this chapter: (1) "Board" means the board of regents of The Texas A & M University System. (2) "Brand" means the term, design, trademark, ... (a) Except as otherwise provided by this section, a substance is a commercial fertilizer subject to this chapter if it is: (1) a fertilizer material; ... (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 ... Following a public hearing, the service may adopt rules relating to the distribution of commercial fertilizers that the service finds necessary to carry into full ... (a) At least annually, the service shall publish: (1) information concerning the sales of commercial fertilizers, together with data on those sales that the service ... (a) This chapter does not apply to, restrict, or void the sale of a commercial fertilizer by an importer, manufacturer, or manipulator to an importer, ... Any statement of the grade of a commercial fertilizer shall be stated in whole numbers in the following order: (1) total nitrogen; (2) available phosphoric ... (a) A person may not manufacture or distribute a commercial fertilizer in this state without a valid current permit issued by the service, and a ... (a) Each application for registration of a commercial fertilizer shall include the following information relating to the fertilizer: (1) the name and principal address of ... A permit or registration issued under this chapter is permanent unless: (1) the service revokes, suspends, annuls, or amends the permit or registration; (2) the ... Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing permit or may refuse to issue a permit if it ... Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing registration of or may refuse a registration to a commercial ... (a) Except as provided by Subsection (d) of this section, each container of commercial fertilizer distributed in this state, other than customer-formula fertilizer, must have ... The label of a commercial fertilizer may not be misleading in any particular. Acts 1981, 67th Leg., p. 1144, ch. 388, § 1, eff. Sept. ... A person distributing customer-formula fertilizer in this state shall at the time of delivery furnish to the purchaser a label showing: (1) the name and ... Except as authorized by this chapter or a rule of the service, the label of a commercial fertilizer may not: (1) advertise, name, promote, emphasize, ... (a) For each state fiscal year, the registrant of a commercial fertilizer shall pay to the service an inspection fee as prescribed by this section. ... (a) The person responsible for paying a fertilizer inspection fee shall file with the service a sworn report either stating that no tonnage of commercial ... (a) If a person does not file a report or pay the inspection fee as required by Section 63.072, the registrant shall pay a penalty ... (a) For the purpose of determining the accurate tonnage of commercial fertilizers distributed in this state or identifying or verifying tonnage reports, the service may ... (a) The service shall deposit fees collected under this subchapter in the same manner as other local institutional funds of The Texas A & M ... In order to determine if commercial fertilizer is in compliance with this chapter, the service is entitled to: (1) enter during regular business hours and ... The service by rule shall prescribe the procedures for sampling and analysis of commercial fertilizers. The procedures must, to the extent practicable, be in accordance ... (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; ... (a) If the service finds through chemical analysis or other method that a commercial fertilizer is in violation of a provision of this chapter, the ... In accordance with the rules of the director, any person may submit a sample of a commercial fertilizer to the director for analysis. The results ... (a) If the service has reasonable cause to believe that a commercial fertilizer is being distributed in violation of a provision of this chapter, the ... (a) If, after examination and analysis, the service finds that a commercial fertilizer is in violation of a provision of this chapter, the service shall ... 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 ... (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 ... The service may sue to recover an inspection fee or penalty due under Subchapter E of this chapter. Venue for a suit under this section ... 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 ... Except as provided by Section 63.125 of this chapter, venue for a civil action or criminal prosecution under this chapter is in the county in ... (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 ... (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 ... (a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer that: (1) carries a ... (a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute a commercial fertilizer that: (1) has ... (a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer: (1) that is required ... (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 ... (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, ... Last modified: August 11, 2007 |