AGRICULTURE CODE

TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS

SUBTITLE C. GRADING, PACKING, AND INSPECTING HORTICULTURAL PRODUCTS

CHAPTER 93. CITRUS FRUIT STANDARDIZATION AND INSPECTION

SUBCHAPTER A. GENERAL

Sec. 93.001.  POLICY.  It is in the interest of the public welfare of this state to provide growers, shippers, carriers, receivers, and consumers with evidence of the quality and condition of the citrus fruit they grow, ship, or purchase.  The purpose of this chapter is to authorize and prescribe the procedures by which growers and shippers of citrus fruit may secure prompt and efficient inspection and classification of their product at reasonable cost.
Acts 1981, 67th Leg., p. 1235, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.002.  APPLICATION.  This chapter applies only in the citrus zone established under Section 73.003 of this code.
Acts 1981, 67th Leg., p. 1236, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.003.  EXCEPTIONS.  (a)  This chapter does not prevent:
(1)  a grower of citrus fruit from disposing of the grower's own crop without complying with this chapter;
(2)  a grower or packer of citrus fruit from manufacturing the citrus fruit into a by-product;  or
(3)  a grower or packer of citrus fruit from selling unpacked or unmarked citrus fruit to a person who operates a commercial by-products factory within the area to which this chapter applies and who intends to manufacture the citrus fruit into a by-product for resale.
(b)  This chapter does not apply to a quantity of citrus fruit that amounts to five or fewer containers.
Acts 1981, 67th Leg., p. 1236, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.004.  DEPARTMENT TO ADMINISTER.  The department:
(1)  shall direct the inspection, grading, and classification of grapefruit and oranges;
(2)  shall adopt and enforce rules relating to grading, packing, and marketing grapefruit and oranges;
(3)  may adopt rules relating to marking containers, issuing certificates of inspection, and tagging transportation vehicles and other rules the department considers necessary to improve the methods by which grapefruit and oranges are marketed;
(4)  may adopt rules that adopt a financing plan for inspection contributions under a cooperative plan under Subchapter D of this chapter;  and
(5)  shall adopt rules relating to the licenses required under this chapter.
Acts 1981, 67th Leg., p. 1236, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.005.  REGISTERED BRANDS AND TRADEMARKS.  (a)  Brands and trademarks and their United States grade definition shall, if eligible, be registered with the department.
(b)  To be eligible for registration, a brand or trademark must:
(1)  be defined by the minimum requirements of a grade, or a combination of grades, established under this chapter;  or
(2)  meet or exceed the requirements of U.S. No. 2 grade.
Acts 1981, 67th Leg., p. 1236, ch. 388, Sec. 1, eff. Sept. 1, 1981.

SUBCHAPTER B. INSPECTION AND CERTIFICATION

Sec. 93.011.  INSPECTION.  (a)  An authorized inspector shall inspect citrus fruit.
(b)  A person who is subject to this chapter shall either notify the department of the time and place citrus fruit is to be loaded or report to the inspection station nearest the point of loading.
Acts 1981, 67th Leg., p. 1236, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.012.  CERTIFICATE OF INSPECTION.  (a)  After completing a citrus fruit inspection the inspector shall issue to the shipper a certificate of inspection that designates the grade of the citrus fruit inspected.
(b)  A certificate of inspection issued under this section is prima facie evidence of the grade of the citrus fruit as of the time of inspection.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.013.  RIGHTS OF A SHIPPER REGARDING NONCONFORMING CITRUS FRUIT.  In a written instrument that is delivered to a consignor of citrus fruit, a shipper or carrier may reserve the right to reject and return the citrus fruit, or to hold the citrus fruit at the expense and risk of the consignor, if after inspection it is determined that the citrus fruit was delivered for shipment in violation of this chapter.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

SUBCHAPTER C. CONTAINERS, GRADES, PACKS AND MARKS

Sec. 93.021.  CONTAINER STANDARDS.  (a)  Citrus fruit shall be packed in closed containers that are approved by the department.
(b)  The standard orange box is 12 by 12 by 12 inches, and the standard one-half orange box is 12 by 12 by 6 inches, both sizes being measured on the inside.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.022.  FANCY BRIGHT GRADE.  Fancy bright oranges, satsumas, tangerines, and grapefruit are:
(1)  bright in color;
(2)  shapely in form;
(3)  practically free from skin defects and blemishes;
(4)  fine in texture;
(5)  reasonably thin;
(6)  heavy and juicy;  and
(7)  free from frost damage.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.023.  BRIGHT GRADE.  Bright oranges, satsumas, tangerines, and grapefruit are:
(1)  fairly bright in color;
(2)  less fine and smooth in texture, and have a thicker skin, than fancy brights;  and
(3)  may have skin defects that do not affect the merchantable quality of the fruit.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.024.  FANCY RUSSET GRADE.  Fancy russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as fancy bright grade citrus fruit except fancy russets have coloration that is golden russet.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.025.  RUSSET GRADE.  Russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as bright grade citrus fruit except russets have coloration that is rusty brown.
Acts 1981, 67th Leg., p. 1237, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.026.  ORANGE PACKS.  The standard orange packs are:
(1)  96's, which are packed by placing 3 and 3 alternately in 4 rows, 4 layers high, 12 to the layer;
(2)  126's, which are packed by placing 3 and 2 alternately in 5 rows, 5 layers high, 13 and 12 alternately to the layer;
(3)  150's, which are packed by placing 3 and 3 alternately in 5 rows, 5 layers high, 15 to the layer;
(4)  176's, which are packed by placing 4 and 3 alternately in 5 rows, 5 layers high, 18 and 17 alternately to the layer;
(5)  200's, which are packed by placing 4 and 4 alternately in 5 rows, 5 layers high, 20 to the layer;
(6)  216's, which are packed by placing 3 and 3 alternately in 6 rows, 6 layers high, 18 to the layer;
(7)  252's, which are packed by placing 4 and 3 alternately in 6 rows, 6 layers high, 21 to the layer;  and
(8)  288's, which are packed by placing 4 and 4 alternately in 6 rows, 6 layers high, 24 to the layer.
Acts 1981, 67th Leg., p. 1238, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.027.  SATSUMA AND TANGERINE PACKS.  The standard satsuma and tangerine packs are:
(1)  90's, which are packed by placing 3 and 3 alternately in 5 rows, 3 layers high, 15 to the layer;
(2)  106's, which are packed by placing 4 and 3 alternately in 5 rows, 3 layers high, 18 and 17 alternately to the layer;
(3)  120's, which are packed by placing 4 and 4 alternately in 5 rows, 3 layers high, 20 to the layer;
(4)  168's, which are packed by placing 4 and 3 alternately in 6 rows, 4 layers high, 21 to the layer;
(5)  196's, which are packed by placing 4 and 3 alternately in 7 rows, 4 layers high, 25 and 24 alternately to the layer;
(6)  216's, which are packed by placing 5 and 4 alternately in 6 rows, 4 layers high, 27 to the layer;  and
(7)  224's, which are packed by placing 4 and 4 alternately in 7 rows, 4 layers high, 28 to the layer.
Acts 1981, 67th Leg., p. 1238, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.028.  GRAPEFRUIT PACKS.  The standard grapefruit packs are:
(1)  28's, which are packed by placing 2 and 1 alternately in 3 rows, 3 layers high, 5 and 4 alternately to the layer;
(2)  36's, which are packed by placing 2 and 2 alternately in 3 rows, 3 layers high, 6 to the layer;
(3)  46's, which are packed by placing 3 and 2 alternately in 3 rows, 3 layers high, 8 and 7 alternately to the layer;
(4)  54's, which are packed by placing 3 and 3 alternately in 3 rows, 3 layers high, 9 to the layer;
(5)  64's, which are packed by placing 2 and 2 alternately in 4 rows, 4 layers high, 8 to the layer;
(6)  80's, which are packed by placing 2 and 2 alternately in 4 rows, 5 layers high, 8 to the layer;  and
(7)  96's, which are packed by placing 3 and 3 alternately in 4 rows, 4 layers high, 12 to the layer.
Acts 1981, 67th Leg., p. 1238, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.029.  PACKING STANDARDS.  (a)  Packed citrus fruit shall be uniform in size.
(b)  Oranges, satsumas, and tangerines shall be packed "stem-in, twist" with the blossom end down in the first layer, and the stem end down in all other layers.
(c)  Grapefruit shall be packed on edge, except the 80 pack shall be packed flat like oranges.
Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.030.  LABELING.  (a)  Citrus fruit that is packed or offered for shipment under this chapter shall be marked with its official grade or labeled or stamped with a registered brand or trademark.
(b)  Grapefruit that is transported, marketed, or sold in this state in original perishable form shall be marked with the name of the state or foreign country of its origin in letters that are at least three-sixteenths of an inch high, or with individual trade names or copyrighted trademarks that sufficiently identify the state or foreign country of origin.
(c)  Subsection (b) of this section is satisfied if not more than 25 percent of a lot of citrus fruit is improperly or partially marked.
(d)  A person may not pack citrus fruit in a used container or subcontainer unless the markings, certificates of inspection, and designations of brand, trademark, quality, and grade that do not apply to the contents have been removed or obliterated.
Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.031.  IMPORTED CITRUS FRUIT.  Citrus fruit shipped into this state from any other state or territory shall comply with the grading, packing, and marking requirements of this chapter.
Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.032.  PERMISSIBLE VARIATIONS.  The standards established under this subchapter may be varied to the extent that:
(1)  there may be a 10 percent difference in size between the citrus fruit on the top and the citrus fruit in the interior of a pack;  and
(2)  there may be a 3 percent difference in quantity between the actual count in a pack and the count prescribed.
Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

SUBCHAPTER D. COOPERATIVE AGREEMENTS

Sec. 93.041.  EXECUTION OF AGREEMENTS.  The department may enter into cooperative agreements with the United States Department of Agriculture or with any Texas firm, corporation, or association that is organized for that purpose, or both.  An agreement may provide for the inspection of citrus fruit and for the amount of contributions to be paid by dealers and shippers for inspection and grading services to be performed by the department under this chapter.
Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.042.  LICENSES.  Inspectors and a firm, corporation, or association that has executed a cooperative agreement shall obtain a license from the department.
Acts 1981, 67th Leg., p. 1239, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.043.  STANDARDS.  In accordance with the terms of a cooperative agreement, the department shall adopt United States standards to be used when grapefruit and oranges are inspected under this subchapter.
Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.044.  CONTRIBUTIONS.  (a)  The legislature may not appropriate funds for the enforcement of this chapter.
(b)  The department shall set contributions under this subchapter in amounts that are consistent with the cost of maintaining inspection and grading services and the issuance of certificates of inspection under this chapter.
(c)  The contribution for each different inspection or grading service on each different commodity may be different.
(d)  The amount of the contribution that the department may charge for services rendered may not exceed the actual cost of the service performed in a licensed packing house.
Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

SUBCHAPTER E. PURCHASE OF CITRUS FRUIT BY WEIGHT

Sec. 93.051.  REQUIREMENT TO WEIGH;  PUBLIC WEIGHER.  Citrus fruit that is purchased by weight prior to packing shall be weighed at the expense of the buyer by a public weigher.
Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.052.  CERTIFICATE OF WEIGHT.  (a)  A public weigher shall issue a certificate of weight to a buyer or shipper of citrus fruit that is required to be weighed under this subchapter.
(b)  The buyer shall deliver the certificate provided under this section to the seller prior to making an accounting or settlement on the transaction.
Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.053.  FEES.  A public weigher is entitled to receive a fee in the following amount as full payment for issuance of a weight certificate:
(1)  10 cents if a net load weighs, 7,000 pounds or less;
(2)  15 cents if a net load weighs more than 7,000 pounds but not more than 14,000 pounds;  or
(3)  20 cents if a net load weighs more than 14,000 pounds.
Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

SUBCHAPTER F. PENAL PROVISIONS

Sec. 93.061.  OFFENSES.  A person commits an offense if the person:
(1)  accepts for shipment or ships citrus fruit that is not accompanied by a valid certificate of inspection;
(2)  ships citrus fruit in bulk except as provided by Section 93.003 of this code;
(3)  prepares, delivers for shipment, loads, transports, offers for sale, or sells for shipment citrus fruit that is packed, loaded, or arranged to conceal the true grade or otherwise misrepresent the contents;
(4)  mislabels a container of citrus fruit;
(5)  while serving as the commissioner or as an employee of the department, is directly or indirectly in the business of buying or selling citrus fruit or dealing in citrus fruit on a commission basis;
(6)  intentionally interferes with the commissioner or an employee of the department in the performance of duties;
(7)  packs for sale, consigns for sale, or sells citrus fruit that does not conform to minimum grades under this chapter or that has not been inspected under this chapter;  or
(8)  violates a provision of this chapter.
Acts 1981, 67th Leg., p. 1240, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 93.062.  PENALTY.  An offense under Section 93.061 of this code is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1241, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 109, eff. Sept. 1, 1989.