AGRICULTURE CODE
CHAPTER 62. SEED AND PLANT CERTIFICATION
§ 62.001. DEFINITIONS. In this chapter:
(1) "Board" means the State Seed and Plant Board.
(2) The term "certified seed" or "certified plant"
means a seed or plant that has been determined by a seed or plant
certifying agency to meet agency rules and standards as to genetic
purity and identity.
(3) "Plant" includes plant parts.
Acts 1981, 67th Leg., p. 1134, ch. 388, § 1, eff. Sept. 1, 1981.
§ 62.002. STATE SEED AND PLANT BOARD. (a) The State
Seed and Plant Board is an agency of the state. The board is
composed of six members appointed by the governor with the advice
and consent of the senate. Membership must include:
(1) one individual from the Soils and Crop Sciences
Department, Texas Agricultural Experiment Station, Texas A & M
University;
(2) one individual from the Department of Plant and
Soil Sciences, Texas Tech University;
(3) one individual licensed as a Texas Foundation,
Registered, or Certified seed or plant producer who is not employed
by a public institution;
(4) one individual who sells Texas Foundation,
Registered, or Certified seed or plants;
(5) one individual actively engaged in farming but not
a producer or seller of Texas Foundation, Registered, or Certified
seed or plants; and
(6) the head of the seed division of the department.
(b) An individual appointed from a state university or the
department serves on the board as an ex officio member. A member
serves for a term of two years and until a successor has qualified.
Members serve without compensation but are entitled to
reimbursement by the state for actual expenses incurred in the
performance of their duties.
(c) A member whose employment is terminated with the agency
or department from which the member was appointed or who ceases to
be engaged in the business or professional activity that the member
was appointed to represent vacates membership on the board.
(d) The governor shall designate a member of the board as
the chairman to serve in that capacity at the pleasure of the
governor. The board annually shall elect a vice-chairman and
secretary. The board shall meet at times and places determined by
the chairman.
(e) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Acts 1981, 67th Leg., p. 1134, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1985, 69th Leg., ch. 479, § 185, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 729, § 14, eff. Sept. 1, 1985;
Acts 1989, 71st Leg., ch. 311, § 1, eff. Aug. 28, 1989; Acts
1995, 74th Leg., ch. 419, § 1.17, eff. Sept. 1, 1995.
§ 62.0021. MEETINGS BY TELEPHONE CONFERENCE
CALL. (a) Notwithstanding Chapter 551, Government Code, the
board may hold an open or closed meeting by telephone conference
call if immediate action is required and the convening at one
location of a quorum of the board is inconvenient for any member of
the board.
(b) The meeting is subject to the notice requirements
applicable to other meetings.
(c) The notice of the meeting must specify as the location
of the meeting the location where meetings of the board are usually
held.
(d) Each part of the meeting that is required to be open to
the public shall be audible to the public at the location specified
in the notice of the meeting as the location of the meeting and
shall be tape-recorded. The tape recording shall be made available
to the public.
Added by Acts 1993, 73rd Leg., ch. 74, § 1, eff. May 5, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(78), eff. Sept.
1, 1995.
§ 62.0022. BOARD CONFLICT OF INTEREST. (a) An
officer, employee, or paid consultant of a Texas trade association
in the field of agriculture may not be a member of the board.
(b) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of
agriculture may not be a member of the board.
(c) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(d) A person may not serve as a member of the board or act as
the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
Added by Acts 1995, 74th Leg., ch. 419, § 1.18, eff. Sept. 1,
1995.
§ 62.0023. REMOVAL OF BOARD MEMBER. (a) It is a ground
for removal from the board if a member:
(1) does not have at the time of appointment the
qualifications required by Section 62.002;
(2) does not maintain during service on the board the
qualifications required by Section 62.002;
(3) violates a prohibition established by Section
62.0022;
(4) cannot because of illness or disability discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
chairman of the board of the potential ground. The chairman shall
then notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the chairman, the commissioner shall notify the next
highest officer of the board who shall notify the governor and the
attorney general that a potential ground for removal exists.
Added by Acts 1995, 74th Leg., ch. 419, § 1.18, eff. Sept. 1,
1995.
§ 62.0024. STANDARDS OF CONDUCT. The commissioner or
the commissioner's designee shall provide to members of the board,
as often as necessary, information regarding their qualification
for office under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state officers
or employees.
Added by Acts 1995, 74th Leg., ch. 419, § 1.18, eff. Sept. 1,
1995.
§ 62.0025. BOARD MEETINGS; ADMINISTRATIVE
PROCEDURE. (a) The board shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the jurisdiction of
the board.
(b) The board is subject to Chapter 551, Government Code,
and Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 419, § 1.18, eff. Sept. 1,
1995.
§ 62.0026. SEPARATION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the commissioner and the staff of the
department.
Added by Acts 1995, 74th Leg., ch. 419, § 1.18, eff. Sept. 1,
1995.
§ 62.0027. BOARD MEMBER TRAINING. (a) Before a member
of the board may assume the member's duties and before the member
may be confirmed by the senate, the member must complete at least
one course of the training program established under this section.
(b) A training program established under this section shall
provide information to the member regarding:
(1) Chapter 64, this chapter, and the enabling
legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the requirements of:
(A) Chapter 551, Government Code;
(B) Chapter 552, Government Code; and
(C) Chapter 2001, Government Code;
(6) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(7) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
Added by Acts 1995, 74th Leg., ch. 419, § 1.18, eff. Sept. 1,
1995.
§ 62.003. CLASSES OF CERTIFIED SEED. (a) The four
classes of certified seed and plants are Breeder, Foundation,
Registered, and Certified.
(b) A Breeder seed or Breeder plant is directly controlled
by the originating or sponsoring person or the person's designee
and is the primary source for the production of seed and plants of
the other classes.
(c) A Foundation seed or Foundation plant is the progeny of
Breeder or Foundation seed or plants and is produced and handled
under the procedures established, in accordance with federal
requirements, by a seed or plant certifying agency for the
Foundation class of seed or plants for the purpose of maintaining
genetic purity and identity.
(d) A Registered seed or Registered plant is the progeny of
Breeder or Foundation seed or plants and is produced and handled
under procedures established, in accordance with federal
requirements, by a seed or plant certifying agency for the
Registered class of seed or plants for the purpose of maintaining
genetic purity and identity.
(e) A Certified seed or Certified plant is the progeny of
Breeder, Foundation, or Registered seed or plants, except as
otherwise provided by federal law, and is produced and handled
under procedures established, in accordance with federal
requirements, by a seed or plant certifying agency for the
Certified class of seed or plants for the purpose of maintaining
genetic purity and identity.
Acts 1981, 67th Leg., p. 1134, ch. 388, § 1, eff. Sept. 1, 1981.
§ 62.004. ELIGIBILITY FOR AND STANDARDS OF
CERTIFICATION. (a) The board may establish, not inconsistent
with federal law, the eligibility of various kinds and varieties of
seed and plants for genetic purity and identity certification and
the procedures for that certification.
(b) The board may establish standards of genetic purity and
identity, not inconsistent with federal law, for classes of
certified seed and plants for which the board determines that
standards are desirable. In establishing the standards, the board
may consider all factors affecting the quality of seed and plants.
(c) The board shall report to the department the kinds and
varieties of seed and plants eligible for certification and the
standards adopted for certification eligibility.
Acts 1981, 67th Leg., p. 1135, ch. 388, § 1, eff. Sept. 1, 1981.
§ 62.005. LICENSING OF PRODUCERS OF FOUNDATION,
REGISTERED, OR CERTIFIED SEED. (a) A person who wants to produce
a certified class of seed or plant for which the board has
established standards of genetic purity and identity may apply to
the board for licensing as a Foundation, Registered, or Certified
producer of seed or plants. To be licensed as a producer, a person
must satisfy the board that:
(1) he or she is of good character and has a reputation
for honesty;
(2) his or her facilities meet board requirements for
producing and maintaining seed or plants for the certification
generations desired; and
(3) he or she has met any other board requirements as
to knowledge of the production or maintenance of seed or plants for
the certification generations for which he or she applies to be
licensed.
(b) The board may adopt rules governing the production and
handling by licensed producers of certified classes of seed and
plants to ensure the maintenance of genetic purity and identity.
(c) A license to produce Foundation, Registered, or
Certified seed or plants is not transferable and is permanent
unless revoked as provided in this chapter. A person licensed as a
producer of Foundation, Registered, or Certified seed or plants is
eligible to produce certified seed or plants, as provided in the
license, of the class for which he or she is licensed or of any lower
class of certified seed or plants, as determined by the board.
(d) An application for licensing as a Foundation,
Registered, or Certified producer of seed or plants must be
accompanied by a fee, as provided by department rule.
Acts 1981, 67th Leg., p. 1135, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 40, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 2.23, eff. Sept. 1, 1995.
§ 62.006. REGISTRATION OF PLANT BREEDERS. (a) A
person engaging in the development, maintenance, or production of
seed or plants for which standards of genetic purity and identity
have been established by the board may apply to the board for
registration as a plant breeder. The applicant shall apply on forms
prescribed by the board and shall include with the application a
registration fee, as determined by the board. To be registered as a
plant breeder, a person must satisfy the board that the person is
skilled in the science of plant breeding. The board may require
skill to be shown by evidence of accomplishments in the field and
may require an oral or written examination in the subject.
(b) A certificate of registration is not transferable and is
permanent unless revoked as provided in this chapter.
Acts 1981, 67th Leg., p. 1135, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.24, eff. Sept. 1,
1995.
§ 62.0065. NOTICE AND ANALYSIS OF EXAMINATION
RESULTS. (a) Not later than the 30th day after the date on which a
licensing or registration examination is administered under this
chapter, the board shall notify each examinee of the results of the
examination. However, if an examination is graded or reviewed by a
national testing service, the board shall notify examinees of the
results of the examination not later than the 14th day after the
date on which the board receives the results from the testing
service. If the notice of examination results graded or reviewed by
a national testing service will be delayed for longer than 90 days
after the examination date, the board shall notify the examinee of
the reason for the delay before the 90th day. The board may require
a testing service to notify examinees of the results of an
examination.
(b) If requested in writing by a person who fails a
licensing or registration examination administered under this
chapter, the board shall furnish the person with an analysis of the
person's performance on the examination.
Added by Acts 1989, 71st Leg., ch. 230, § 41, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 419, § 1.19, eff. Sept. 1,
1995.
§ 62.008. CERTIFICATION OF SEED AND PLANTS. (a) The
department is the certifying agency in Texas for the certification
of seed and plants. The department shall employ a sufficient number
of inspectors to carry out the inspection provisions of this
chapter. Inspectors must meet qualifications set by the board.
(b) A person who is licensed as a Foundation, Registered, or
Certified seed or plant producer or who is registered as a plant
breeder is eligible to have seed or plants of an eligible class and
variety certified by the department. On request by a licensed
producer or a registered plant breeder to have seed or plants
certified, the department shall inspect the producer's or
registrant's fields, facilities, and seed or plants. Inspection
may include tests approved by the board and carried out by
inspectors under the authority of the department.
(c) After inspection, if the department determines that the
production of seed or plants has met the standards and rules
prescribed by the board, it shall cause to be attached to each
container of the product a label identifying the seed or plant and
the certified class and including other information required by
statute or by rule of the board. The department shall prescribe the
format of the label.
(d) The department shall fix and collect a fee for the
issuance of a certification label in an amount necessary to cover
the costs of inspection and labels.
Acts 1981, 67th Leg., p. 1137, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 2001, 77th Leg., ch. 52, § 9, eff. May 7, 2001.
§ 62.009. SEED AND PLANTS FROM OUTSIDE THE
STATE. (a) The department may adopt rules, including testing
requirements and standards, which must be met before seed or plants
represented to be of a certified class may be shipped into the state
for distribution in the state. The rules adopted shall be designed
to ensure buyers in the state of having available certified seed and
plants of known origin, genetic purity, and identity and shall
correspond to appropriate rules used in certifying seed and plants
produced in Texas.
(b) The department may require inspections of seed and
plants represented to be of a certified class and shipped into the
state for distribution in the state and may collect fees to cover
costs of inspection, as determined by the department. The
department may require inspection fee payment before distribution
in the state.
(c) A person may not distribute in this state seed or plants
represented to be of a certified class and shipped into the state
for distribution in the state, unless the person has first complied
with any rules, including testing requirements, adopted by the
department for seed or plants shipped into the state.
(d) A person may not sell or offer for sale in this state
seed or plants represented to be of a certified class and shipped
into the state for distribution in the state, unless the seed or
plants have been certified by an official certifying agency in the
state, province, or country of origin or have been certified by the
department.
(e) Seed or plants shipped into the state for distribution
in the state which are represented to be of a certified class and
which are found by the department after investigation to violate
the requirements of this section are restricted from distribution.
In addition, the department may order the seed or plants in
violation confiscated and retained under general supervision of the
department. An owner or consignee of restricted or confiscated
seed or plants may appeal the order by filing an appeal within 10
days of the order. Appeal is in the county court of the county where
the seed or plants are restricted or were confiscated. The appeal
in county court is by trial de novo. If no appeal is filed as
provided in this section or if after an appeal in county court, the
department's action is not reversed, the department may destroy
confiscated seed or plants.
Acts 1981, 67th Leg., p. 1137, ch. 388, § 1, eff. Sept. 1, 1981.
§ 62.010. REVOCATION, MODIFICATION, OR SUSPENSION OF
REGISTRATION OR LICENSE. (a) The department shall revoke,
modify, or suspend the registration or license of a registered
plant breeder or licensed producer of Foundation, Registered, or
Certified seed or plants, place on probation a person whose
registration or license has been suspended, or reprimand a
registrant or licensee if the person makes exaggerated claims for
products, fails to observe any rule governing the maintenance and
production of a certified class of seed or plants that he or she is
registered or licensed to produce or maintain, or violates another
requirement of this chapter or a rule adopted by the board or the
department under this chapter.
(b) If a suspension of a license or registration is
probated, the department may require the person to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
department; or
(3) continue or renew professional education until the
person attains a degree of skill satisfactory to the department in
those areas that are the basis of the probation.
(c) If the department revokes a registration or license, the
department shall order the cancellation and withdrawal of all
appropriate certification labels previously issued for the seed or
plants.
(d) If the department proposes to revoke, modify, or suspend
a person's registration or license, the person is entitled to a
hearing conducted under Section 12.032. The board shall prescribe
procedures by which all decisions of the department to revoke,
modify, or suspend a registration or license issued under this
chapter are appealable to the board.
Acts 1981, 67th Leg., p. 1138, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 42, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 3.09, eff. Sept. 1, 1995.
§ 62.011. PENALTIES. (a) A person commits an offense
if the person:
(1) sells or offers for sale in this state seed or
plants with labeling or packaging accompanying the seed or plants
using the terms "from officially inspected fields," "state
inspected," "approved seed," "approved plants," "approved sods,"
"approved trees," "inspected fields," "foundation seed,"
"certified plants," or terms having the same meaning, unless the
seed or plants have been certified as Foundation, Registered, or
Certified seed or plants;
(2) represents himself or herself to be a registered
plant breeder or licensed producer of Foundation, Registered, or
Certified seed or plants unless he or she has been registered or
licensed under this chapter;
(3) sells or offers for sale in this state Foundation,
Registered, or Certified seed or plants that are not in compliance
with this chapter or with the rules adopted under this chapter;
(4) sells or offers for sale seed or plants
represented to be certified in explicit oral or written statements
or by misleading oral or written statements if the seed or plants
have not been certified or have not been certified as being of the
class of which they are represented;
(5) violates Section 62.007(c) of this code; or
(6) violates Section 62.009(c), (d), or (e) of this
code.
(b) An offense under Subsection (a)(1), (a)(2), (a)(5), or
(a)(6) of this section is a Class C misdemeanor.
(c) An offense under Subsection (a)(3) or (a)(4) of this
section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1138, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 43, eff. Sept. 1,
1989.
