CHAPTER 121. GRADING OF ROSES
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE F. PRODUCTION, PROCESSING, AND SALE OF NURSERY PRODUCTS
CHAPTER 121. GRADING OF ROSES
Sec. 121.001. PURPOSE. The purpose of this chapter is to
provide the department with the authority necessary to adopt
rules and prescribe procedures for the inspection, grading, and
labeling of all rose plants sold or offered for sale within this
state.
Acts 1981, 67th Leg., p. 1303, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 121.002. DEFINITION. In this chapter, "rose plant"
includes a rose plant, cutting, or bush.
Acts 1981, 67th Leg., p. 1303, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 121.003. ROSE GRADES. (a) The department shall adopt
grade classifications for rose plants, including a classification
for ungraded rose plants.
(b) A person may not sell or offer for sale in commercial
quantities or as a part of the regular operation of business a
rose plant that is not graded in accordance with the grades
adopted by the department under this chapter.
Acts 1981, 67th Leg., p. 1303, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 121.005. LABELING. (a) Each rose plant or shipment of
rose plants shall be labeled with the proper grade.
(b) A person may not sell or offer for sale in commercial
quantities or as a part of the regular operation of business any
rose plant or shipment of rose plants that is not labeled in
accordance with the grades adopted by the department.
Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.31, eff. September 1, 2009.
Sec. 121.006. INSPECTION. (a) The department shall inspect and
grade or verify the grade of rose plants that are offered for
sale in this state.
(b) The department may accept the inspection, grading, and
labeling of a rose plant or a shipment of rose plants performed
by the authority of another state if:
(1) the plant or shipment is plainly labeled with the grade or
is plainly marked that the plant or plants are ungraded; and
(2) the grade of the plant or plants is at least equal to the
grade adopted by the department.
Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 121.007. RULES. The department may adopt rules necessary
to carry out this chapter.
Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 12, eff.
Sept. 1, 1997.
Sec. 121.008. ENTRY POWER. The department shall enforce this
chapter and is entitled to enter during normal business hours any
place of business, farm, shed, or other location in this state
where rose plants are grown, sold, offered for sale, or
displayed.
Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 121.009. STOP-SALE ORDER. In enforcing this chapter, the
department may issue and enforce a written or printed order to
stop the sale of a rose plant or a shipment of rose plants that
is not labeled with the proper grade. If an order is issued, a
person may not sell the plant or shipment until it has been
properly graded and labeled.
Acts 1981, 67th Leg., p. 1304, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 121.010. PENALTY. (a) A person commits an offense if the
person advertises, sells, or offers for sale a rose plant or a
shipment of rose plants that is not clearly and distinctly marked
with a grade in accordance with the rules of the department.
(b) An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1305, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 126, eff.
Sept. 1, 1989.