Texas Agriculture Code Title 5, Chapter 91 - General Grades And Packs Of Fruits And Vegetables

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 91.001 - Department To Administer
  (a) The department shall administer this chapter and adopt rules necessary for its enforcement. (b) The department may employ an assistant commissioner and other personnel...
• Texas Section 91.002 - Compliance With Standards
  Grades and packs of fruits and vegetables must meet the standards established by this chapter. Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1,...
• Texas Section 91.003 - Inspection Service
  (a) To carry out a cooperative agreement entered into under Section 91.005 of this code, the department may supervise the operation of a joint state-federal...
• Texas Section 91.004 - Certificate Of Inspection
  (a) The department shall furnish certificates of inspection or other forms to evidence that an official inspection has been made. The department may issue a...
• Texas Section 91.005 - Cooperative Agreements
  (a) The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association to carry...
• Texas Section 91.0051 - Funding Of A Cooperative Inspection
  (a) The legislature may not appropriate funds for the operation of an inspection service organized to carry out a cooperative agreement under this chapter. The...
• Texas Section 91.006 - Culls
  (a) Fruits and vegetables that are too small, ill-shaped, or poor in general quality to meet the standards of this chapter for any other grade...
• Texas Section 91.007 - Package Markings
  A package of fruits or vegetables for which a grade is established under this chapter that is offered for sale or prepared for shipment shall...
• Texas Section 91.008 - Penalty
  (a) A person commits an offense if, as a grower, shipper's agent, packer, or representative of a transportation company, the person: (1) refuses to allow...

SUBCHAPTER B CONTAINER STANDARDS

• Texas Section 91.009 - Coordination Of Food Safety
  (a) The department is the lead agency for education and training and shall assist the fresh fruit and vegetable industries with food safety issues and...
• Texas Section 91.021 - Compliance With Standards
  Containers used for the shipment of fruits or vegetables must meet the minimum standards established by this subchapter. Acts 1981, 67th Leg., p. 1222, ch....
• Texas Section 91.022 - Bushel Basket
  A bushel basket must contain at least 2,150.4 cubic inches in the basket proper, regardless of the construction of the lid. Acts 1981, 67th Leg.,...
• Texas Section 91.023 - Four-basket Crate
  (a) Each basket in a four-basket crate must be 5 by 8 inches at the bottom, 6 by 10 inches at the top, and 4...
• Texas Section 91.024 - Six-basket Crate
  Each basket in a six-basket crate must contain at least 268.8 cubic inches. Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept....
• Texas Section 91.025 - Folding Onion Crate
  A folding onion crate must be at least 19-5/8 inches long, 11-3/16 inches wide, and 9-3/16 inches deep, as measured on the inside, and must...

SUBCHAPTER C PEACH GRADES AND PACKS

• Texas Section 91.026 - Berry Box Or Crate
  (a) A quart berry box or crate must hold at least 24 quart baskets, each of which must contain at least 67.2 cubic inches dry...
• Texas Section 91.041 - Grades
  The standard peach grades are fancy, choice or No. 1, and No. 2. Acts 1981, 67th Leg., p. 1223, ch. 388, Sec. 1, eff. Sept....
• Texas Section 91.042 - Fancy Grade
  (a) Fancy peaches: (1) are medium to large in size; (2) have good color for the variety; and (3) are firm and sound, or are...
• Texas Section 91.043 - Choice Or No
  1 GRADE. (a) Choice or No. 1 Grade peaches are: (1) average in size and color for the variety; (2) sound and firm, or properly...
• Texas Section 91.044 - No
  2 GRADE. Number 2 Grade peaches are all peaches that are not good enough for No. 1 Grade but are sound, suitable for market, and...

SUBCHAPTER D BERMUDA ONION GRADES

• Texas Section 91.045 - Peach Packs
  (a) The standard peach packs for a six-basket crate are: (1) 72's, which are packed by placing 1 and 2 alternately in 4 rows, 2...
• Texas Section 91.061 - Grading Characteristics
  (a) A bright onion has the attractive pearly luster normal for Bermuda onions. (b) The diameter of an onion is the greatest dimension at a...
• Texas Section 91.062 - Grade No
  Grade No. 1 Bermuda onions are: (1) sound, mature, bright, well shaped, and of one variety; (2) free from doubles, splits, bottle necks, and seed...
• Texas Section 91.063 - Grade No
  1, LARGE. If more than 10 percent by weight of the onions in any lot of Grade No. 1 onions have a diameter of at...
• Texas Section 91.064 - Boiler Grade
  Boiler grade onions are onions that meet other Grade No. 1 requirements, but are at least one and not more than two inches in diameter....
• Texas Section 91.065 - Grade No
  Grade No. 2 onions are: (1) sound and of one variety; (2) free from doubles, splits, bottle necks, and seed stems; (3) practically free from...
• Texas Section 91.066 - Grade No
  2, LARGE. If more than 10 percent by weight of the onions in any lot of Grade No. 2 onions have a diameter of at...
• Texas Section 91.067 - Grade No
  Grade No. 3 onions do not meet the requirements of a higher grade but are: (1) sound; (2) free from doubles, splits, bottle necks, and...

SUBCHAPTER E CABBAGE GRADES

• Texas Section 91.068 - Permissible Variations
  (a) In order to allow for variations incident to commercial grading and handling, any lot of onions may, as limited by this section, contain onions...
• Texas Section 91.081 - Grade No
  Grade No. 1 cabbage is: (1) sound, green in color, reasonably hard, and trimmed such that three or fewer outside leaves are left on a...
• Texas Section 91.082 - Grade No
  Grade No. 2 cabbage is sound cabbage that does not meet the requirements of Grade No. 1. Acts 1981, 67th Leg., p. 1225, ch. 388,...

SUBCHAPTER F SNAP BEAN GRADES AND PACKS

• Texas Section 91.083 - Permissible Variations
  (a) In order to allow for variations incident to commercial grading and handling, any lot of cabbage may, as limited by this section, contain cabbage...
• Texas Section 91.091 - Grading Characteristics
  A snap bean pod is overripe if: (1) it does not snap when broken; (2) it lacks abundant juice; and (3) the beans in the...
• Texas Section 91.092 - Grade No
  Grade No. 1 snap beans are: (1) sound, bright, clean, and of one variety and color; (2) free from leaves, stems, spots, insect damage, disease,...
• Texas Section 91.093 - Grade No
  Grade No. 2 snap beans are snap beans that do not meet the requirements for Grade No. 1. Acts 1981, 67th Leg., p. 1226, ch....
• Texas Section 91.094 - Permissible Variation
  In order to allow for variations incident to commercial grading and handling, not more than three percent by weight of a lot of Grade No....

SUBCHAPTER G BARTLETT PEAR GRADES AND PACKS

• Texas Section 91.095 - Snap Bean Packs
  Snap beans shall be packed in a hamper weighing at least 17 pounds net weight per one-half bushel when packed, or at least 34 pounds...
• Texas Section 91.111 - Extra Fancy Grade
  Extra fancy pears: (1) are sound, clean, and bright; (2) have natural color and shape; and (3) are free from worms, specks, blemishes, bruises, and...
• Texas Section 91.112 - Fancy Grade
  Fancy pears have the same qualities as extra fancy pears, except not more than 10 percent of a lot of fancy pears may have slight...
• Texas Section 91.113 - Choice Grade
  Choice pears have the same qualities as fancy pears, except not more than 10 percent of a lot of choice pears may be misshapen or...
• Texas Section 91.114 - Packages And Markings
  Pears shall be tightly packed in clean standard boxes that are marked on one end with the grade and number of pears contained in the...

SUBCHAPTER H IRISH POTATO GRADES

• Texas Section 91.115 - Pear Packs
  The standard pear packs are: (1) four-tier, which is packed in four layers and contains a minimum of 120 pears per box; (2) five-tier, which...
• Texas Section 91.121 - Grading Characteristics
  (a) A potato is practically free from a named injury to the appearance if the injury is not readily apparent on casual examination and if...
• Texas Section 91.122 - Grade No
  Grade No. 1 potatoes: (1) are sound; (2) are practically free from dirt or foreign matter, frost injury, sunburn, second growth, cuts, mechanical damage, or...
• Texas Section 91.123 - Grade No
  Grade No. 2 potatoes: (1) are practically free from frost injury and decay; (2) are free from serious damage caused by dirt or other foreign...
• Texas Section 91.124 - Permissible Variations
  (a) In order to allow for variations incident to commercial grading and handling, any lot of potatoes may, as limited by this section, contain potatoes...

SUBCHAPTER I SWEET POTATO INSPECTION AND CLASSIFICATION

• Texas Section 91.125 - Container Markings
  Potato containers shall be marked with the name and post office address of the grower or shipper. Acts 1981, 67th Leg., p. 1228, ch. 388,...
• Texas Section 91.141 - Availability Of Department Services
  (a) A grower of sweet potatoes in this state may dispose of the grower's own crop without complying with or being subject to the provisions...
• Texas Section 91.142 - Rules
  The department shall adopt rules that relate to the standards and procedures used to grade, classify, pack, and inspect sweet potatoes and that relate to...
• Texas Section 91.143 - Inspection Fees
  (a) A person requesting inspection shall pay a fee for the inspection in an amount set by rule of the department. (b) The department shall...

Last modified: September 28, 2016