AGRICULTURE CODE
SUBTITLE B. LIVESTOCK
CHAPTER 141. COMMERCIAL FEED
SUBCHAPTER A. GENERAL PROVISIONS
§ 141.001 DEFINITIONS. In this chapter:
(1) "Animal" means an animate being that is not human
and has the power of voluntary action.
(2) "Board" means the board of regents of The Texas A&M
University System.
(3) "Broker" means a person who is employed on a
commission basis to sell property for another person. The term does
not include a person who:
(A) has possession or absolute control over the
property that is to be sold;
(B) receives a salary; or
(C) acts for one party to the exclusion of all
others.
(4) "Bulk" means any lot of commercial feed that is not
in a closed container at the time it passes to the possession of the
consumer and includes that feed at any stage of distribution.
(5) "Container" means a bag, box, barrel, bottle,
package, carton, object, apparatus, device, or appliance in which
commercial feed is packed, stored, or placed for handling,
transporting, or distributing.
(6) "Cotton plant by-products" means the residue from
the ginning of cotton.
(7) "Customer-formula feed" means a mixture of
commercial feed or feed material all or part of which is furnished
by the person who processes, mixes, mills, or otherwise prepares
the mixture and which is mixed according to the specific
instructions of the purchaser. The term includes a special formula
feed or a made-to-order feed.
(8) "Director" means the director of the Texas
Agricultural Experiment Station.
(9) "Distribute" means sell, offer for sale, barter,
exchange, or otherwise supply.
(10) "Feed facility" means a site where feed, a
component of feed, or feed ingredients are mixed, custom blended,
ground, unground, manufactured, milled, bagged, salvaged, or
processed.
(11) "Ingredient" means a constituent material of
commercial feed.
(12) "Label" means a display of written, printed, or
graphic matter on or affixed to or wrapped with a container or on an
invoice or delivery slip.
(13) "Licensee" means a person who obtains a license
to operate a feed facility under this chapter.
(14) "Official sample" means a sample of feed taken by
the service and designated as official by the service.
(15) "Product" means the name of the commercial feed
that identifies it as to kind, class, or specific use and includes
the brand, term, trademark, or other specific designation under
which commercial feed is distributed in this state.
(16) "Purchaser" means a person who buys or otherwise
acquires a commercial feed, customer-formula feed, or custom-mix or
custom-mill service.
(17) "Service" means the Texas Feed and Fertilizer
Control Service.
(18) "Ton" means a net weight of 2,000 pounds
avoirdupois or 1,000 kilograms metric.
(19) "Weight" means net weight of a container of
commercial feed expressed in either the avoirdupois or metric
system.
Acts 1981, 67th Leg., p. 1323, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1858, ch. 349, art. 2, § 1,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 107, § 1, eff. May
17, 1985; Acts 1995, 74th Leg., ch. 314, § 1, eff. Jan. 1, 1996.
§ 141.002. COMMERCIAL FEED. (a) Except as otherwise
provided by this section, a material is a commercial feed subject to
this chapter if it is a simple, mixed, compounded, ground,
unground, organic, or inorganic material used as a feed for an
animal, including a vitamin, mineral, antibiotic, antioxidant,
medicine, drug, chemical, or other material used as an ingredient
or component of a mixture of materials used as a feed for an animal.
(b) Except as specifically provided by this chapter, a
customer-formula feed is a commercial feed subject to this chapter.
(c) The following are not commercial feeds subject to this
chapter:
(1) unground hay not containing toxins or chemical
adulterants;
(2) whole grain or whole seed not containing toxins or
chemical adulterants;
(3) unadulterated cotton plant by-products or any
unadulterated hulls;
(4) a feed product produced and sold by a farmer;
(5) a feed mixed and used by a person who contracts
with the owner of animals to care for and feed the animals;
(6) an individual mineral substance not mixed with
another material;
(7) a material furnished by a purchaser for use in a
customer-formula feed that was produced by the purchaser or
acquired by the purchaser from a source other than the person whose
services are engaged in the milling, mixing, or processing of a
customer-formula feed; or
(8) a feed or feed ingredient handled by a broker.
(d) Regardless of whether a claim is made as to the
prophylactic, therapeutic, or other purpose of the material, a
mineral, vitamin, antibiotic, antioxidant, medicine, drug, or
other material may be added to a commercial feed only if and in the
manner authorized by the rules of the service. If a guarantee or
claim is made for the material, the material is subject to
inspection and analysis in accordance with the rules of the
service.
(e) Whole seed and whole grain offered for retail sale for
wildlife feed are commercial feeds subject to this chapter.
Acts 1981, 67th Leg., p. 1324, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1860, ch. 394, art. 2, § 2,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 107, § 2, eff. May
17, 1985; Acts 1995, 74th Leg., ch. 314, § 2, eff. Jan. 1, 1996;
Acts 1999, 76th Leg., ch. 1274, § 1, eff. Sept. 1, 1999.
§ 141.003. 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 exercising the powers and performing the duties assigned to the
service by this chapter.
(b) The service may employ personnel necessary to perform
its duties.
(c) The director may appoint a state chemist whose
responsibilities may include the making of chemical analyses and
tests required by this chapter.
Acts 1981, 67th Leg., p. 1324, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1861, ch. 349, art. 2, § 3,
eff. Sept. 1, 1983.
§ 141.004. RULES; MINIMUM STANDARDS. Following notice
and public hearing, the service may adopt rules as necessary for the
enforcement of this chapter, including rules defining and
establishing minimum standards for commercial feed. To the extent
practicable, rules that define and establish minimum standards for
commercial feed must be in harmony with the official standards of
the Association of American Feed Control Officials.
Acts 1981, 67th Leg., p. 1324, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1861, ch. 349, art. 2, § 3,
eff. Sept. 1, 1983.
§ 141.005. PUBLICATIONS. (a) At least annually, the
service shall publish:
(1) information concerning the sales of commercial
feeds, together with data on commercial feed production and use as
the service considers advisable;
(2) the results of the analyses of official samples of
commercial feed distributed in this state as compared to the
analyses guaranteed in the registration and on the label; and
(3) a financial statement showing the receipt and
expenditure of funds by the service under this chapter.
(b) The service may publish other information relating to
feed as the service considers necessary or desirable to the public
interest. The service shall prescribe the form of publications
under this section.
(c) A publication under this section may not disclose the
scope of operations of any person.
Acts 1981, 67th Leg., p. 1325, ch. 388, § 1, eff. Sept. 1, 1981. .
Amended by Acts 1983, 68th Leg., p. 1861, ch. 349, art. 2, § 3,
eff. Sept. 1, 1983.
§ 141.006. CUSTOM PROCESSING. This chapter does not
apply to the mixing, milling, or processing of a material produced
by a purchaser of commercial feed or acquired by the purchaser from
a source other than the person who mixes, mills, or processes the
material.
Acts 1981, 67th Leg., p. 1325, ch. 388, § 1, eff. Sept. 1, 1981.
§ 141.007. AFLATOXIN CONTROL. The service shall
establish by rule aflatoxin contamination levels considered safe
for whole seed and whole grain offered for retail sale for wildlife
feed.
Added by Acts 1999, 76th Leg., ch. 1274, § 2, eff. Sept. 1, 1999.
SUBCHAPTER B. LICENSE
§ 141.021. LICENSE REQUIRED. (a) A person may not
manufacture or distribute commercial feed in this state without a
valid current license issued by the service for each feed facility
that manufactures or distributes commercial feed. A person making
only retail sales of commercial feed bearing the label of a licensed
manufacturer, guarantor, or distributor is not required to obtain a
license.
(b) An application for a license shall be submitted on a
form prescribed and provided by the service and accompanied by a
license fee not to exceed $75 for each facility, as provided by
department rule.
(c) A licensee or license applicant shall provide the
service copies of labels and labeling and other information that
the service by rule requires.
(d) A person applying for a license after the 30th day
following receipt of notice to obtain a license and a licensee
applying late for a license renewal shall pay a $75 late fee in
addition to the license fee.
Acts 1981, 67th Leg., p. 1325, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1862, ch. 349, art. 2, § 4,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 4, eff. Jan.
1, 1996.
§ 141.023. TERM OF LICENSE. A license issued under this
chapter is permanent unless:
(1) the service revokes, suspends, annuls, or amends
the license;
(2) the licensee withdraws or cancels the license;
(3) the licensee's report to the service indicates no
activity for one year; or
(4) the service requires a new license.
Acts 1981, 67th Leg., p. 1326, ch. 388, § 1, eff. Sept. 1, 1981. .
Amended by Acts 1983, 68th Leg., p. 1862, ch. 349, art. 2, § 4,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 5, eff. Jan.
1, 1996.
§ 141.025. REFUSAL OR REVOCATION OF LICENSE. Following
notice and a hearing, the service may revoke, suspend, annul, or
amend an existing license or may refuse to issue a license if it
finds that the licensee or applicant has:
(1) been convicted of a crime for which a license may
be revoked, suspended, annulled, amended, or refused under Chapter
53, Occupations Code;
(2) refused or after notice failed to comply with this
chapter and rules adopted under this chapter; or
(3) used fraudulent or deceptive practices in
attempting evasion of this chapter or a rule adopted under this
chapter.
Added by Acts 1983, 68th Leg., p. 1862, ch. 349, art. 2, § 4, eff.
Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 6, eff. Jan. 1,
1996. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.723, eff.
Sept. 1, 2001.
SUBCHAPTER C. LABELING
§ 141.051. LABELING OF COMMERCIAL FEED. (a) Except as
provided by Subsection (d) of this section, each container of
commercial feed distributed in this state, other than
customer-formula feed, must have a label with the following
information:
(1) the name and principal address of the person
responsible for manufacture and distribution;
(2) the brand or name under which the feed is to be
distributed;
(3) the quantity of the feed in the container, in
either net weight, net volume contents, or net fluid content
according to rules adopted by the service;
(4) the guaranteed analysis of nutrients in the feed,
listing a maximum or minimum quantity determinable by laboratory
methods of protein, fat, fiber, and other components of commercial
feed;
(5) the common or usual name of each ingredient used in
the feed;
(6) the name and percentage of any hulls, shells,
screenings, straw, stalks, corncobs, or other low grade feeding
materials or fillers in the feed, if any;
(7) an appropriate warning statement and directions
for use relating to each medicine, drug, mineral, vitamin,
antibiotic, or antioxidant in the feed; and
(8) other information that the service may by rule
require.
(b) The manufacturer or other person distributing the feed
shall affix the label required by this section to the outside of the
container or cause it to be printed on the side of the container in
the manner prescribed by the service. The information must be
grouped together and plainly printed in English in the size of type
prescribed by the service.
(c) If the labeling information is shown on the container
rather than printed on the label, the information must be plainly
printed in a conspicuous place in the size of type prescribed by the
service.
(d) A person distributing in this state commercial feed in a
container that holds an amount exceeding 110 pounds dry weight or 55
gallons liquid need not label the container in accordance with this
section, but shall furnish the purchaser with a statement of the
information in accordance with Section 141.052 of this chapter.
Acts 1981, 67th Leg., p. 1326, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1865, ch. 349, art. 2, § 5,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 7, eff. Jan.
1, 1996.
§ 141.052. LABELING OF BULK COMMERCIAL FEED. At the
time of delivery of bulk commercial feed distributed in this state,
other than customer-formula feed, the manufacturer or other person
distributing the feed shall furnish the purchaser with a written or
printed statement showing the information required by Section
141.051(a) of this code.
Acts 1981, 67th Leg., p. 1326, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1865, ch. 349, art. 2, § 5,
eff. Sept. 1, 1983.
§ 141.053. LABELING OF CUSTOMER-FORMULA
FEED. (a) Except as provided by Subsection (b) of this section, a
person distributing customer-formula feed in this state shall
furnish to the purchaser at the time of delivery a label showing:
(1) the name and address of the mixer, miller, or
processor;
(2) the name and address of the purchaser;
(3) the date of sale;
(4) the name or brand and the number of pounds of each
registered commercial feed used in the mixture; and
(5) the name and number of pounds of each other
ingredient added to the mixture, including any ingredient supplied
by the purchaser.
(b) If all ingredients for a customer-formula feed are
furnished by the mixer, miller, or processor, the service may
permit a customer-formula feed to be identified by means of an
identifying name, number, or similar designation rather than by
listing the ingredients under Subsections (a)(4) and (a)(5) of this
section. The service may adopt rules and prescribe forms for
identification of a customer-formula feed under this subsection.
Acts 1981, 67th Leg., p. 1327, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg. p. 1865, ch. 349, art. 2, § 5,
eff. Sept. 1, 1983.
§ 141.054. GENERAL LABEL RESTRICTIONS. Except as
authorized by this chapter or a rule of the service, the label of a
commercial feed may not:
(1) advertise, name, promote or otherwise draw
attention to one or more components or ingredients in the product
unless the percentage and common name of the component or
ingredient is clearly and prominently declared;
(2) contain the name of another manufacturer or person
or a product of another manufacturer or person; or
(3) contain a false, deceptive, or misleading
statement.
Acts 1981, 67th Leg., p. 1327, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1865, ch. 349, art. 2, § 5,
eff. Sept. 1, 1983.
§ 141.055. REQUEST FOR LABEL REVIEW. (a) The service
shall:
(1) by rule adopt procedures that allow a licensee to
submit a product label to the service for review;
(2) review each product label submitted by a licensee
to determine compliance with the labeling requirements of this
subchapter;
(3) make a detailed report to the licensee regarding
changes to the label required for compliance with the service's
rules; and
(4) provide the licensee with the advice that the
service considers necessary to enable the licensee to comply with
the service's labeling rules.
(b) The service may not charge a fee for a review, a report,
or advice under this section.
Added by Acts 1995, 74th Leg., ch. 314, § 8, eff. Jan. 1, 1996.
SUBCHAPTER D. INSPECTION FEE
§ 141.071. INSPECTION FEE. (a) For each state fiscal
year, a person who manufactures or distributes commercial feed or a
component of commercial feed in this state, including a person who
mixes, mills, or processes customer-formula feed, shall pay to the
service an inspection fee prescribed by this section.
(b) Except as otherwise provided by this section, the
inspection fee is 15 cents per ton of commercial feed. With the
approval of the board, the director may reduce or increase the
inspection in increments of 1 cent up to a maximum of 2 cents per
fiscal year, except that the board and director shall reduce the
inspection fee by 1 cent increments when the balance of the Texas
feed control fund exceeds one-half the projected operating expenses
of the service for the next fiscal year.
(c) A person distributing in this state a commercial feed
product packaged in individual containers of five pounds or less
shall pay, for each distinct commercial feed product so
distributed, a flat rate inspection fee of $50 for each fiscal year
or part of a fiscal year in which the distribution is made.
(d) A licensee paying an inspection fee under Subsection (b)
of this section shall pay in advance a minimum annual inspection fee
of $100 per fiscal year. All advance inspection fees collected
under this section shall be credited towards the first tonnage
inspection fee owed by the licensee accruing in that fiscal year.
(e) A person is not required to pay an inspection fee on a
portion of a customer-formula feed that is produced by the
purchaser or acquired by the purchaser from a source other than the
person who mixes, mills, or processes the mixture.
(f) The service by rule may provide that a person is not
required to pay an inspection fee on commercial feed that the person
manufactures or distributes solely for investigational,
experimental, or laboratory use by qualified persons, if the
investigation or experiment is conducted in the public interest.
Acts 1981, 67th Leg., p. 1327, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1868, ch. 349, art. 2, § 6,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 9, eff. Jan.
1, 1996.
§ 141.072. QUARTERLY TONNAGE REPORTING AND INSPECTION
FEE PAYMENT. (a) The person responsible for paying the
inspection fee for a feed facility generating $100 or more during a
license year in tonnage fees shall file with the service a quarterly
sworn report either stating that no tonnage of commercial feed was
distributed during the preceding quarter or setting forth the
tonnage of all commercial feed that the feed facility manufactured
or distributed in this state during the preceding quarter. Each
quarterly tonnage report must be accompanied by payment of the
inspection fee due based on the tonnage reported for that quarter.
(b) The person responsible for paying the inspection fee for
a feed facility producing less than $100 a license year in tonnage
fees shall file with the service an annual sworn report either
stating that no tonnage of commercial feed was distributed during
the preceding license year or stating the tonnage of all commercial
feed the facility manufactured and distributed in this state during
the preceding license year. Each annual tonnage report must be
accompanied by payment of the inspection fee due based on the
tonnage reported for that year.
(c) A quarterly tonnage report and inspection fee payment is
due on or before the 31st day following the last day of November,
February, May, and August for persons reporting quarterly. An
annual tonnage report and inspection fee payment is due on or before
the 31st day following the last day of August for persons reporting
annually.
(d) The service may prescribe and furnish forms as necessary
under this section.
Acts 1981, 67th Leg., p. 1328, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.073 and amended by Acts 1983, 68th Leg., p.
1868, ch. 349, art. 2, § 6, eff. Sept. 1, 1983. Amended by Acts
1995, 74th Leg., ch. 314, § 10, eff. Jan. 1, 1996.
§ 141.073. PENALTY FOR LATE FILING OR PAYMENT. (a) If
a person paying the inspection fee on the basis of tonnage reporting
does not file a quarterly report or pay the fee before the 31st day
following the last day of a quarter, the person shall pay a penalty
equal to 15 percent of the inspection fee due or $50, whichever is
greater.
(b) The penalty together with any delinquent inspection fee
is due before the 61st day following the last day of the quarter.
The service shall cancel the license of a licensee who fails to pay
the penalty and delinquent inspection fee within that time period
after notice.
Acts 1981, 67th Leg., p. 1328, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.074 and amended by Acts 1983, 68th Leg., p.
1868, ch. 349, art. 2, § 6, eff. Sept. 1, 1983. Amended by Acts
1995, 74th Leg., ch. 314, § 11, eff. Jan. 1, 1996.
§ 141.074. RECORDS; ADDITIONAL REPORTS;
AUDITS. (a) For the purpose of determining the accurate tonnage
of commercial feed distributed in this state or identify or verify
tonnage reports, the service may require each licensee to maintain
records or file additional reports.
(b) The service is entitled to examine at reasonable times
the records maintained under this section.
(c) Unless otherwise authorized by the service, a licensee
shall preserve and maintain the records under this section in
usable condition for at least two years. The service may require a
licensee to retain the records for a period longer than two years if
the service determines it to be in the public interest.
(d) If a licensee is located outside this state, the
licensee shall maintain records required under this section in this
state or pay all costs incurred in the auditing of the records at
another location. The service shall promptly furnish to the
licensee an itemized statement of any costs incurred in an
out-of-state audit and the licensee shall pay the costs before the
31st day following the date of the statement.
Acts 1981, 67th Leg., p. 1329, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.075 and amended by Acts 1983, 68th Leg., p.
1868, ch. 349, art. 2, § 6, eff. Sept. 1, 1983. Amended by Acts
1995, 74th Leg., ch. 314, § 12, eff. Jan. 1, 1996.
§ 141.075. DISPOSITION AND USE OF FEES. (a) The
service shall deposit fees collected under this subchapter in the
same manner that other local institutional fees of The Texas A & M
University System are collected. The fees shall be set apart as a
special fund known as the Texas feed control fund.
(b) The Texas feed control fund shall be used, with the
approval and consent of the board, for administering this chapter,
including paying the cost of:
(1) equipment and facilities;
(2) inspection, sampling, and analysis;
(3) licensing;
(4) salaries; and
(5) publication of bulletins and reports.
(c) Fees collected under this subchapter that, in the
judgment of the board, are not needed for the administration of this
chapter may be used for research relative to the value of commercial
feed.
Acts 1981, 67th Leg., p. 1329, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.077 and amended by Acts 1983, 68th Leg., p.
1868, ch. 349, art. 2, § 7, eff. Sept. 1, 1983. Amended by Acts
1995, 74th Leg., ch. 314, § 13, eff. Jan. 1, 1996.
SUBCHAPTER E. INSPECTION, SAMPLING, AND ANALYSIS
§ 141.101. INSPECTION AND SAMPLING; ENTRY POWER. In
order to determine if feed is in compliance with this chapter, the
service is entitled to:
(1) enter during regular business hours and inspect
any place of business, mill, plant building, or vehicle and to open
any container, bin, vat or parcel that is used in the manufacture,
transportation, importation, sale, or storage of commercial feed or
is suspected of containing a commercial feed; and
(2) take samples from feed found during that
inspection.
Acts 1981, 67th Leg., p. 1330, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1873, ch. 349, art. 2, § 7,
eff. Sept. 1, 1983.
§ 141.102. PROCEDURE FOR SAMPLING AND ANALYSIS. The
service by rule shall prescribe the procedures for sampling and
analysis of commercial feed. The procedures must, to the extent
practicable, be in accordance with the official methods of the
Association of Official Analytical Chemists or other methods that
the service determines authentic by research and investigation.
Acts 1981, 67th Leg., p. 1330, ch. 388, § 1, eff. Sept. 1, 1981. .
Amended by Acts 1983, 68th Leg., p. 1873, ch. 349, art. 2, § 7,
eff. Sept. 1, 1983.
§ 141.103. 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;
(2) the date on which the sample was taken; and
(3) the signature of the person who took the sample.
(b) Each sample shall be sent to the service. In addition, a
report shall be sent to the service stating:
(1) the name or brand of the commercial feed or
material sampled;
(2) the serial number of the sample;
(3) the manufacturer or guarantor of the lot sampled,
if known;
(4) the name of the person in possession of the lot
sampled;
(5) the date and place of taking the sample; and
(6) the name of the person who took the sample.
(c) For the purpose of properly identifying a sample with
the lot sampled, the service is entitled to examine and copy any
invoice, transportation record, or other record pertaining to the
lot.
Acts 1981, 67th Leg., p. 1330, ch. 388, § 1, eff. Sept. 1, 1981. .
Amended by Acts 1983, 68th Leg., p. 1873, ch. 349, art. 2, § 7,
eff. Sept. 1, 1983.
§ 141.104. INDEPENDENT ANALYSIS OF SAMPLE. (a) If the
service finds through chemical analysis or another method that a
commercial feed is in violation of a provision of this chapter, the
service shall notify the manufacturer or other person who caused
the feed to be distributed. The notice must be in writing and give
full details of the service's findings.
(b) A person who receives a notice under this section may
request that the service submit portions of the sample analyzed to
other chemists for independent analysis. After receiving a
request, the service shall submit two portions of the sample
analyzed to two qualified chemists selected by the service. If
requested, the service shall also submit one portion of the sample
to the person requesting independent analysis. A request under
this subsection must be filed with the service before the 16th day
following the day on which the notice is given under Subsection (a)
of this section.
(c) Each of the chemists selected by the service shall
analyze the portion of the sample and certify findings to the
service under oath. The findings shall be prepared in duplicate and
the service shall forward one copy of each chemist's findings to the
person who requested the independent analysis.
(d) The three chemical analyses obtained under this section
may be considered in determining whether a violation of this
chapter has occurred.
(e) Except as provided by this subsection, the person
requesting independent analysis shall pay the cost of the analysis.
If, as a result of the independent analysis, the service determines
that a violation has not occurred, the service shall pay the cost of
the analysis.
Acts 1981, 67th Leg., p. 1331, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.105 and amended by Acts 1983, 68th Leg., p.
1873, ch. 349, art. 2, § 7, eff. Sept. 1, 1983.
SUBCHAPTER F. ENFORCEMENT; REMEDIES
§ 141.121. STOP-SALE ORDER. (a) If the service has
reasonable cause to believe that a commercial feed is being
distributed in violation of a provision of this chapter, the
service shall affix to the container of the feed a written notice
containing:
(1) an order to stop the sale of the feed; and
(2) a warning to all persons not to dispose of the feed
in any manner until the service or a court gives permission or until
the stop-sale order expires.
(b) If the service finds that the commercial feed is in
compliance with this chapter, the service shall immediately remove
the stop-sale order.
(c) A stop-sale order expires at the end of the 30th day
following the day on which it was affixed unless, prior to that
time, the service has instituted proceedings under Section 141.122
of this code to condemn the feed.
Acts 1981, 67th Leg., p. 1331, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, § 8,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 14, eff.
Jan. 1, 1996.
§ 141.122. CONDEMNATION OF FEED. (a) If, after
examination and analysis, the service finds that a commercial feed
subject to a stop-sale order is in violation of a provision of this
chapter, the service shall petition the district or county court in
whose jurisdiction the feed is located for an order for the
condemnation and confiscation of the feed. If the court determines
that the feed is in violation of this chapter, the feed shall be
disposed of by sale or destruction in accordance with the order of
the court.
(b) If a condemned commercial feed is sold under Subsection
(a) of this section, the proceeds of the sale, less court costs and
charges, shall be paid into the state treasury.
(c) If the court finds that a violation of this chapter may
be corrected by proper processing or labeling, the court may order
that the feed be delivered to the licensee of the feed for
processing or labeling under the supervision of the service.
Before entering that order, the court shall:
(1) enter the decree;
(2) require that all costs, fees, and expenses be
paid; and
(3) require the licensee of the feed to post good and
sufficient bond conditioned on the proper labeling and processing
of the feed.
(d) The licensee of the feed shall pay all costs incurred by
the service in the supervision of labeling or processing under
Subsection (c) of this section. The court shall return the bond to
the licensee when the service notifies the court that the
commercial feed is no longer in violation of this chapter and that
the licensee has paid the expenses of supervision.
Acts 1981, 67th Leg., p. 1332, ch. 388, § 1, eff. Sept. 1, 1981. .
Amended by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, § 8,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 15, eff.
Jan. 1, 1996.
§ 141.123. 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 by the issuance of a written
warning, the service may issue the warning instead of proceeding to
condemn the feed, reporting the violation for prosecution, or
taking other administrative action.
Acts 1981, 67th Leg., p. 1332, ch. 388, § 1, eff. Sept. 1, 1981. .
Amended by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, § 8,
eff. Sept. 1, 1983.
§ 141.124. 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 attorney or the
attorney general to sue to enjoin a violation or threatened
violation of this chapter.
Added by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, § 8, eff.
Sept. 1, 1983.
§ 141.125. SUIT TO RECOVER FEES. The service may sue to
recover an inspection fee or a penalty due under Subchapter D of
this chapter. Venue for a suit under this section is in Brazos
County.
Acts 1981, 67th Leg., p. 1332, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from V.T.C.A., Agriculture Code § 141.124 and amended
by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, § 8, eff. Sept.
1, 1983.
§ 141.126. 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 instituted and prosecuted in the proper court
without delay in the manner provided by law.
Acts 1981, 67th Leg., p. 1332, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.125 and amended by Acts 1983, 68th Leg., p.
1876, ch. 349, art. 2, § 8, eff. Sept. 1, 1983.
§ 141.127. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Except
as provided by Section 141.125 of this code, venue for a civil
action or criminal prosecution under this chapter is in the county
in which the commercial feed is located at the time the alleged
violation is discovered by or made known to the service.
Acts 1981, 67th Leg., p. 1333, ch. 388, § 1, eff. Sept. 1, 1981.
Renumbered from § 141.126 and amended by Acts 1983, 68th Leg., p.
1876, ch. 349, art. 2, § 8, eff. Sept. 1, 1983.
§ 141.128. 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
provided for contested cases by Chapter 2001, Government Code.
(b) An appeal under this section is by trial de novo.
Renumbered from § 141.127 and amended by Acts 1983, 68th Leg., p.
1876, ch. 349, art. 2, § 8, eff. Sept. 1, 1983. Amended by Acts
1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995.
SUBCHAPTER G. PENALTIES
§ 141.141. 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 misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1333, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983.
§ 141.142. DISTRIBUTION OF CUSTOMER-FORMULA FEED IN
VIOLATION OF CHAPTER. (a) A person commits an offense if the
person engages, conspires to engage, or causes another person to
engage in the preparation, manufacture, or distribution of
customer-formula feed in violation of this chapter.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1333, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983.
§ 141.143. DISTRIBUTION OF COMMERCIAL FEED WITHOUT
LICENSE, 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 feed:
(1) in violation of Subchapter B of this chapter;
(2) that is not labeled in accordance with Subchapter
C of this chapter; or
(3) for which an inspection fee has not been paid in
accordance with Subchapter D of this chapter.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1333, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 16, eff.
Jan. 1, 1996.
§ 141.144. 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 the examination and copying of invoices or
transportation records under Subchapter E of this chapter.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1333, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983.
§ 141.145. 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, permit the examination of
records, or pay an inspection fee in accordance with Subchapter D of
this chapter.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1333, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983.
§ 141.146. DISPOSAL OF FEED SUBJECT TO A STOP-SALE
ORDER. (a) A person commits an offense if the person disposes of
feed subject to a stop-sale order in violation of Section 141.121 of
this code.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1334, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983.
§ 141.147. DISTRIBUTION OF MISBRANDED FEED. (a) A
person commits an offense if the person distributes, conspires to
distribute, or causes another person to distribute commercial feed
that:
(1) carries a false or misleading statement on,
attached to, or accompanying the container;
(2) is not labeled in accordance with Subchapter C of
this chapter;
(3) has a label that is false in any particular;
(4) has a container that is made, formed, or filled in
a manner that is misleading;
(5) purports to be or is represented as a commercial
feed for which a definition of identity and a minimum standard have
been prescribed by rule, but does not conform to the definition and
standard; or
(6) makes a false or misleading statement concerning
its agricultural value on the container or in any advertising
matter accompanying or associated with it.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1334, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983.
§ 141.148. DISTRIBUTION OF ADULTERATED FEED. (a) A
person commits an offense if the person distributes, conspires to
distribute, or causes another person to distribute commercial feed:
(1) that is of a composition, quantity, or quality
that is below or is different from that which it is represented to
possess by its label;
(2) that is moldy, sour, heated, or otherwise damaged,
because of which it is injurious to animals;
(3) from which an ingredient has been omitted or
extracted in whole or in part;
(4) that is inferior or is damaged and the inferiority
or damage has been concealed;
(5) to which a substance has been added or with which a
substance has been mixed or packed so as to deceptively increase its
bulk or weight, reduce its quality or strength, or make it appear
better or of greater value than it is;
(6) that contains or bears a poisonous or deleterious
substance that may render it injurious to animals under ordinary
conditions of use;
(7) that contains a low-grade feeding material or
filler but is not labeled in accordance with Section 141.054 of this
code;
(8) that consists in whole or in part of a diseased,
filthy, putrid, or decomposed substance, unless the substance has
been rendered harmless by sterilization or other effective process;
(9) that is otherwise unfit for feeding to animals; or
(10) that has been intentionally subjected to
radiation, unless the use of the radiation was in conformity with a
regulation or exemption in effect under 21 U.S.C. Section 348.
(b) An offense under this section is a Class C misdemeanor
unless it is shown that the person has previously been convicted of
an offense under this subchapter, in which event it is a Class B
misdemeanor.
Acts 1981, 67th Leg., p. 1334, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2, § 9,
eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, § 17, eff.
Jan. 1, 1996.
§ 141.149. RULES; PENALTY. (a) The service shall
adopt rules that conform to but are not more strict than current
good manufacturing practices as established under 21 U.S.C. Section
360b for the use of drugs in the manufacture, processing, and
packaging of commercial feed unless the service determines that
those practices are not appropriate to conditions existing in this
state.
(b) A person commits an offense if the person violates a
rule adopted under Subsection (a). An offense under this section is
a Class C misdemeanor unless it is shown that the person has
previously been convicted of an offense under this subchapter, in
which event it is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 314, § 18, eff. Jan. 1, 1996.
