Texas Agriculture Code Title 5, Chapter 63 - Commercial Fertilizer
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 63.001 - Definitions
In this chapter: (1) "Board" means the board of regents of The Texas A&M University System. (2) "Brand" means the term, design, trademark, or other...
- Texas Section 63.002 - Commercial Fertilizer
(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;...
- Texas Section 63.0025 - Certain Analyses Not Guarantee Of Nutrient Levels
A representative laboratory analysis conducted for purposes of fulfilling a requirement established by a federal agency or a state agency other than the department may...
- Texas Section 63.003 - 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 Section 63.004 - Rules; Standards
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...
- Texas Section 63.005 - Publications
(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...
- Texas Section 63.006 - Application
(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,...
SUBCHAPTER B GRADES
- Texas Section 63.007 - Effect On Other Law
This chapter preempts and supersedes any ordinance, order, or rule adopted by a political subdivision of this state relating to the regulation, registration, packaging, labeling,...
SUBCHAPTER C PERMIT AND REGISTRATION
- Texas Section 63.021 - Grade Statements
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...
- Texas Section 63.031 - Permit And Registration Required
(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...
- Texas Section 63.032 - Application For Registration
(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...
- Texas Section 63.033 - Term Of Permit And Registration
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...
- Texas Section 63.034 - Refusal Or Revocation Of Permit
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...
SUBCHAPTER D LABELING
- Texas Section 63.035 - Refusal Or Revocation Of Registration
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...
- Texas Section 63.051 - Labeling Of Commercial Fertilizer
(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...
- Texas Section 63.052 - Misleading Label
The label of a commercial fertilizer may not be misleading in any particular. Acts 1981, 67th Leg., p. 1144, ch. 388, Sec. 1, eff. Sept....
- Texas Section 63.053 - Labeling Of Customer-formula Fertilizer
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...
SUBCHAPTER E FEES
- Texas Section 63.054 - General Label Restrictions
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,...
- Texas Section 63.071 - Inspection Fee
(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....
- Texas Section 63.072 - Tonnage Report And Inspection Fee Payment
(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...
- Texas Section 63.073 - Penalty For Late Filing Or Payment
(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...
- Texas Section 63.074 - Records; Additional Reports; Audits
(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...
SUBCHAPTER F INSPECTION, SAMPLING, AND ANALYSIS
- Texas Section 63.075 - Disposition And Use Of Fees
(a) The service shall deposit fees collected under this subchapter in the same manner as other local institutional funds of The Texas A&M University System....
- Texas Section 63.091 - Inspection And Sampling; Entry Power
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...
- Texas Section 63.092 - Procedure For Sampling And Analysis
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...
- Texas Section 63.093 - 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 Section 63.094 - Independent Analysis Of 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...
SUBCHAPTER G ENFORCEMENT; REMEDIES
- Texas Section 63.095 - Testing Of Samples On Request
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...
- Texas Section 63.121 - Stop-sale Order
(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...
- Texas Section 63.122 - Condemnation Of Fertilizer
(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...
- Texas Section 63.123 - 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 Section 63.124 - 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 Section 63.125 - Suit To Recover Fees
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...
- Texas Section 63.126 - 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 Section 63.127 - Venue For Civil And Criminal Actions
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...
SUBCHAPTER H PENALTIES
- Texas Section 63.128 - 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 Section 63.141 - 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 Section 63.142 - Distribution Of Misbranded Fertilizer
(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...
- Texas Section 63.143 - Distribution Of Adulterated Fertilizer
(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...
- Texas Section 63.144 - Distribution Of Commercial Fertilizer Without Registration, 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 fertilizer: (1) that is required...
- Texas Section 63.145 - 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...
SUBCHAPTER I AMMONIUM NITRATE
- Texas Section 63.146 - 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 Section 63.151 - Definitions
In this subchapter: (1) "Ammonium nitrate" means ammonium salt of nitric acid that contains more than 33 percent nitrogen, one-half of which is the 50...
- Texas Section 63.152 - Registration Required
(a) A person may not produce, store, transfer, offer for sale, or sell ammonium nitrate or ammonium nitrate material unless the person holds a certificate...
- Texas Section 63.153 - Security Requirements
A person who engages in the sale of ammonium nitrate or ammonium nitrate material shall take steps to secure the ammonium nitrate or ammonium nitrate...
- Texas Section 63.154 - Sale Of Ammonium Nitrate
(a) Before completing a sale of ammonium nitrate or ammonium nitrate material, a person that engages in those sales shall: (1) require the person making...
- Texas Section 63.155 - Maintenance Of Records
A person who offers to sell or sells ammonium nitrate or ammonium nitrate material shall maintain each record made under Section 63.154 until at least...
- Texas Section 63.156 - Suspension Of Registration
If the service finds that a person registered under this subchapter offered to sell or sold ammonium nitrate or ammonium nitrate material in violation of...
- Texas Section 63.157 - Criminal Penalty
(a) A person commits an offense if the person: (1) tampers with ammonium nitrate or ammonium nitrate material stored on the property of another; or...
- Texas Section 63.158 - Fire Prevention At Ammonium Nitrate Storage Facilities
(a) The owner or operator of an ammonium nitrate storage facility shall, on request, at a reasonable time: (1) allow a fire marshal to enter...
Last modified: September 28, 2016