AGRICULTURE CODE
CHAPTER 95. CITRUS FRUIT COLORING MATTER
SUBCHAPTER A. GENERAL PROVISIONS
§ 95.001. DEFINITION. In this chapter, "coloring
matter" means a dye, a liquid, a concentrate, a material containing
a dye, or a combination of materials that react to form a dye, that
is used to enhance the color of citrus fruit by the addition of
artificial color to the peel.
Acts 1981, 67th Leg., p. 1247, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.002. APPLICATION. (a) This chapter does not
apply to a process or treatment that merely brings out or
accelerates the natural color of citrus fruit.
(b) This chapter does not apply to citrus fruit other than
citrus grandis, osbeck, commonly known as grapefruit, citrus
sinensis, osbeck, commonly known as oranges, and citrus nobilis
delicios, commonly known as tangerines, that are grown in this
state.
Acts 1981, 67th Leg., p. 1247, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.003. DEPARTMENT TO ADMINISTER. (a) The
department shall administer this chapter and adopt rules necessary
for its enforcement, including rules to assure that citrus fruit
that has been treated with coloring matter does not unreasonably
vary in color from the color of the best ripe fruit of the same
variety generally produced in this state.
(b) The department shall enforce this chapter, and may
direct and supervise the enforcement of this chapter through the
operation of an inspection service organized under Subchapter A,
Chapter 91, of this code.
Acts 1981, 67th Leg., p. 1247, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1993, 73rd Leg., ch. 323, § 3, eff. Sept. 1,
1993.
SUBCHAPTER B. MANUFACTURE, SALE, OR USE OF COLORING MATTER
§ 95.011. CERTIFICATION OF SAFETY. (a) Except as
provided by this section, a person may not use a dye or color in the
manufacture of coloring matter unless it has been certified
harmless and suitable for use in foods by the United States
Department of Agriculture.
(b) The department shall issue a temporary permit allowing
the use of a color or dye for which certification is pending if:
(1) analysis by the department determines that the
color or dye contains antimony, arsenic, barium, lead, copper,
mercury, zinc, other heavy metals, or other substances known to be
injurious to health, only in amounts permitted in certified food
colors by the United States Department of Agriculture; and
(2) the cost of analysis is paid by the person who
requests the temporary permit.
Acts 1981, 67th Leg., p. 1248, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.012. LICENSE REQUIRED. A person may not
manufacture, use, or offer for use or sale a coloring matter for
citrus fruit until the coloring matter is approved and the person is
granted a license by the department.
Acts 1981, 67th Leg., p. 1248, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.013. ANALYSIS BY DEPARTMENT. (a) A person shall
give the formula and a sample of a coloring matter, together with
the formula of a noncertified dye used in the manufacture of the
coloring matter, to the department before offering to sell the
coloring matter or allowing another person to use, sell, or allow
the use of the coloring matter.
(b) On examination of a formula and analysis of a sample of
coloring matter provided under this section, the department shall
deny a request for a license under Section 95.012 of this code if:
(1) either the formula or the sample contains an
ingredient prohibited under Section 95.011 of this code or any
other ingredient known to be dangerous to health under the
conditions of its use; or
(2) the sample varies materially from the formula.
(c) A formula provided under this section is confidential
information that may not be disclosed outside the department except
on court order as necessary to enforce this chapter.
Acts 1981, 67th Leg., p. 1248, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.014. BOND. (a) A person who obtains a license
under Section 95.012 of this code may not exercise the license until
the person executes a bond in the amount of $5,000 payable to the
governor and conditioned on the coloring matter being free from an
ingredient that is harmful to the quality of citrus fruit or to
health.
(b) A bond shall be cash or a surety bond cosigned by a
surety company that is authorized to do business in this state.
(c) The department shall approve the form of bond.
(d) The aggregate liability on a bond may not exceed $5,000.
(e) A person who has a claim against the bond may bring an
action against the principal and the surety, jointly and severally.
A judgment obtained against either the principal or surety, or
both, shall include costs.
Acts 1981, 67th Leg., p. 1248, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.015. NOTICE OF USE. A person shall notify the
department before using or permitting the use of coloring matter on
citrus fruit. If forms for that purpose are prescribed and
furnished by the department, the notice must be on those forms.
Acts 1981, 67th Leg., p. 1249, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.016. STANDARDS FOR USE OF COLORING MATTER. A
person may not apply coloring matter to citrus fruits unless the
citrus fruit meets the applicable maturity standards established by
rule by the department under Section 94.003(a).
Acts 1981, 67th Leg., p. 1249, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 290, § 8, eff. June 5, 1995.
§ 95.017. LABELING. (a) Citrus fruit that is treated
with coloring matter shall be marked "Color Added" in letters that
are at least three-sixteenths of an inch high.
(b) Subsection (a) of this section is satisfied if no more
than 45 percent of a lot of citrus fruit is imperfectly marked.
(c) If citrus fruit that has been treated with coloring
matter is marked with a trademark, name, or brand by a two-line die
in one operation, "Color Added" shall be placed above the
trademark, name, or brand.
(d) A package of citrus fruit that has been treated with
coloring matter that is sold, delivered for transportation, or
transported shall be marked or securely tagged "Color Added" in
letters that are at least three-fourths of an inch high.
(e) The department may adopt rules changing the
requirements of this section in order to conform the practice of
this state to federal standards.
Acts 1981, 67th Leg., p. 1249, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.018. VARIATION FROM LICENSED COLORING MATTER. A
licensee or other person may not manufacture or use coloring matter
that contains an ingredient that is prohibited under this chapter
or that varies materially from the formula on file with the
department.
Acts 1981, 67th Leg., p. 1249, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER C. INSPECTION
§ 95.031. PERIODIC INSPECTION. (a) The department
shall periodically:
(1) inspect citrus fruit that has been or is to be
treated with coloring matter; and
(2) sample coloring matter on the premises of a
licensee under this chapter and analyze the sample.
(b) A person who uses coloring matter on citrus fruit shall
periodically request inspection of the citrus fruit to be treated.
(c) In order to perform the inspections required under this
section, the department may enter any place within this state where
citrus fruit is prepared or colored under this chapter.
Acts 1981, 67th Leg., p. 1249, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.032. CERTIFICATE OF INSPECTION. (a) After
completing a citrus fruit inspection, the inspector shall issue a
certificate of inspection for all citrus fruit that meets the
requirements of this chapter.
(b) A person may not make or issue a false certificate of
inspection.
(c) A person may not sell, transport, or deliver for
transportation citrus fruit that is not accompanied by a
certificate of inspection.
(d) A certificate of inspection shall be in the form
provided by the department and shall state that all inspection fees
under this chapter have been paid.
Acts 1981, 67th Leg., p. 1250, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.033. NONCOMPLYING CITRUS FRUIT. (a) Citrus fruit
that does not pass inspection prior to coloring shall be packed or
otherwise disposed of, in the presence of an inspector, without
being colored.
(b) The inspector may designate a time within usual packing
hours for the disposal of citrus fruit under Subsection (a) of this
section.
Acts 1981, 67th Leg., p. 1250, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.034. INSPECTION FEES. The department shall
collect a fee, as provided by department rule, from each person who
applies coloring matter to citrus fruit.
Acts 1981, 67th Leg., p. 1250, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.41, eff. Sept. 1,
1995.
§ 95.035. CONDEMNATION OF UNFIT CITRUS
FRUIT. (a) Citrus fruit that has been treated with coloring
matter but that on inspection fails to comply with this chapter or a
rule of the department, or is determined to be otherwise unfit for
consumption, is condemned as a public nuisance and as detrimental
to public health.
(b) The department or the sheriff of the county where the
citrus fruit is located shall seize and destroy condemned citrus
fruit.
(c) In lieu of seizure and destruction of condemned citrus
fruit, the department may allow disposition by the owner in
accordance with department rules.
Acts 1981, 67th Leg., p. 1250, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER D. PENALTIES
§ 95.041. OFFENSES. A person commits an offense if the
person:
(1) without complying with this chapter, delivers or
receives for transportation, transports, or sells citrus fruit that
has been treated with coloring matter; or
(2) otherwise violates a provision of this chapter or
a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1251, ch. 388, § 1, eff. Sept. 1, 1981.
§ 95.042. PENALTY. An offense under Section 95.041 of
this code is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1251, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 111, eff. Sept. 1,
1989.
