CHAPTER 94. CITRUS FRUIT MATURITY STANDARDS
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE C. GRADING, PACKING, AND INSPECTING HORTICULTURAL
PRODUCTS
CHAPTER 94. CITRUS FRUIT MATURITY STANDARDS
SUBCHAPTER A. GENERAL
Sec. 94.001. DEFINITIONS. In this chapter:
(1) "Distributing house" means a place that receives or ships,
or a truck or railroad car that carries, citrus fruit that has
been shipped into this state from another.
(2) "Grove" means an area where citrus fruit is grown, including
a yard, garden, or orchard.
(3) "Packing house" means a place where citrus fruit is packed
or prepared to be marketed or transported.
Acts 1981, 67th Leg., p. 1242, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.002. EXCEPTIONS. Except to the extent specifically
provided by this chapter, this chapter does not apply to:
(1) citrus fruit other than citrus grandis, osbeck, commonly
known as grapefruit, and citrus sinensis, osbeck, commonly known
as oranges;
(2) a sale of citrus fruit "on the trees";
(3) grapefruit that is shipped after December 1 of a year and
before August 1 of the following year;
(4) early or midseason oranges that are shipped after November 1
of a year and before August 1 of the following year; or
(5) transportation of citrus fruit from a grove to a packing
house located in this state.
Acts 1981, 67th Leg., p. 1242, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 1, eff. June
5, 1995.
Sec. 94.003. DEPARTMENT TO ADMINISTER. (a) The department
shall direct and supervise the inspection and certification of
maturity of citrus fruit under this chapter. The department shall
adopt rules that define maturity standards for grapefruit and
maturity standards for oranges according to the amount of juice
and the amount of soluble solids in the fruit and the ratio of
soluble solids to anhydrous citric acids in the fruit. The
department may adopt rules relating to:
(1) the number and character of certificates of inspection and
maturity;
(2) inspection requests; and
(3) seasonal requirements of citrus fruit for fitness for human
consumption.
(b) The department may direct and supervise the inspection and
certification of maturity of citrus fruit under this chapter
through the operation of an inspection service organized under
Subchapter A, Chapter 91, of this code.
Acts 1981, 67th Leg., p. 1242, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 2, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 290, Sec. 2, eff. June
5, 1995.
Sec. 94.005. STAFF AND EXPENSES. (a) The department may employ
a chief of the maturity division.
(b) The department may employ a staff that is adequate to
enforce this chapter effectively.
(c) The department may pay all expenses necessarily incurred to
enforce this chapter.
Acts 1981, 67th Leg., p. 1243, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER B. PACKING HOUSES
Sec. 94.011. REGISTRATION. (a) Each year, the owner, manager,
or operator of a packing house that is in operation during the
fruit shipping season shall register the packing house with the
department at least 10 days before packing or preparing citrus
fruit for sale or transportation.
(b) The application for registration under this section must
include the location, shipping points, and post office address of
the packing house.
Acts 1981, 67th Leg., p. 1243, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.012. NOTICE OF OPERATION. After October 14 and before
December 17 of each year, the owner, manager, or operator of a
packing house shall notify the department in writing of the date
packing operations are to begin. The notice is due at least seven
days prior to beginning operations.
Acts 1981, 67th Leg., p. 1243, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER C. MATURITY STANDARDS
Sec. 94.021. GRAPEFRUIT. Grapefruit that meet the maturity
standards for grapefruit established by rule of the department
are mature.
Acts 1981, 67th Leg., p. 1243, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 3, eff. June
5, 1995.
Sec. 94.022. ORANGES. Oranges that meet the maturity standards
for oranges established by rule of the department are mature.
Acts 1981, 67th Leg., p. 1244, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1987, 70th Leg., ch. 240, Sec. 1, eff.
Sept. 1, 1987; Acts 1995, 74th Leg., ch. 290, Sec. 4, eff. June
5, 1995.
Sec. 94.025. UNFIT CITRUS FRUIT. (a) Citrus fruit that is
immature, unripe, overripe, frozen, frost damaged, or otherwise
unfit for consumption may not be sold or offered for sale.
(b) Grapefruit that is immature or otherwise unfit for
consumption may not be prepared for sale or transportation,
transported, or received for any purpose prohibited by this
section, from December 2 of one year to July 31 of the following
year. Early or midseason oranges that are immature or otherwise
unfit for consumption may not be prepared for sale or
transportation, transported, or received for any purpose
prohibited by this section, from November 2 of one year to July
31 of the following year.
Acts 1981, 67th Leg., p. 1244, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 5, eff. June
5, 1995.
SUBCHAPTER D. CITRUS FRUIT INSPECTION
Sec. 94.031. INSPECTION. (a) Grapefruit may not be
transported, or prepared, received, or delivered for
transportation or market, after July 31 and before December 2
each year unless the grapefruit has been inspected for maturity
and approved by a citrus fruit inspector employed by or otherwise
under the direction and supervision of the department or by a
United States Department of Agriculture citrus fruit inspector
and is accompanied by a maturity stamp.
(b) Early and midseason oranges may not be transported, or
prepared, received, or delivered for transportation or market,
after July 31 and before November 2 each year unless the oranges
have been inspected for maturity and approved by a citrus fruit
inspector employed by or otherwise under the direction and
supervision of the department or by a United States Department of
Agriculture citrus fruit inspector and are accompanied by a
maturity stamp.
(c) A certificate of inspection and maturity issued under this
section must identify the citrus fruit to which it relates.
Acts 1981, 67th Leg., p. 1244, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 6, eff. June
5, 1995.
Sec. 94.032. MATURITY STAMPS. (a) If the requirements of this
chapter are met and the department receives the fee required
under this subchapter, the department shall issue maturity stamps
to vendors and shippers of citrus fruit.
(b) The maturity stamp is evidence that the inspection fee has
been paid.
(c) A vendor or shipper shall securely attach a maturity stamp
to:
(1) each package of citrus fruit that is prepared for sale or
delivery for transportation; or
(2) the bill of lading or other shipping receipt, if the citrus
fruit is prepared for sale or delivery for transportation in
bulk.
Acts 1981, 67th Leg., p. 1244, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.033. INSPECTION SITES. Citrus fruit shall be inspected
and certificates of inspection and maturity issued only at a
grove, registered packing house, or distributing house.
Acts 1981, 67th Leg., p. 1245, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.034. INSPECTION AT A GROVE. (a) A person may request
and is entitled to receive a citrus fruit inspection by the
department at a grove.
(b) An inspector shall test a representative sample of the
citrus fruit in the grove in the presence of the owner of the
grove or the owner's agent.
(c) Following inspection, the inspector shall issue a
certificate of clearance that authorizes the removal and sale of
citrus fruit that is satisfactory.
Acts 1981, 67th Leg., p. 1245, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.035. INSPECTION FEES. (a) A person who sells or ships
grapefruit after July 31 and before December 2 of a year, or
early or midseason oranges after July 31 and before November 2 of
a year, shall pay to the department a fee, as provided by
department rule.
(b) The fees under this section are due when citrus fruit is
prepared for market or transportation.
Acts 1981, 67th Leg., p. 1245, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 7, eff. June
5, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 2.42, eff. Sept. 1,
1995.
Sec. 94.036. DENIAL OF CERTIFICATE. A department inspector may
not issue a certificate of inspection and maturity to a packing
house that has not complied with Section 94.011, 94.012, or
94.025 of this code.
Acts 1981, 67th Leg., p. 1245, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.037. IMPORTED CITRUS FRUIT. The department may test
citrus fruit brought into this state from any outside area for
marketing or sale if there is reason to believe that the citrus
fruit does not comply with the maturity standards of this chapter
for similar citrus fruit produced in this state.
Acts 1981, 67th Leg., p. 1245, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.038. INSPECTION FOR SUBSTITUTION AND CONDEMNATION OF
UNFIT CITRUS FRUIT. (a) The department may conduct tests of
citrus fruit at any location where citrus fruit is offered for
sale or for shipment if there is reason to believe that immature
or green citrus fruit has been substituted for ripe citrus fruit.
(b) If after inspecting and testing citrus fruit that is being
or has been prepared for sale or transportation the department
determines that the citrus fruit is unfit for consumption, the
unfit citrus fruit is condemned as a public nuisance and as
detrimental to public health.
(c) The department or the sheriff of the county where the citrus
fruit is located shall seize and destroy condemned citrus fruit.
(d) 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. 1245, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER E. PENALTIES
Sec. 94.051. OFFENSES. A person commits an offense if the
person:
(1) as a department inspector, falsifies a certificate of
inspection and maturity or fails to collect the inspection fee
under this chapter;
(2) operates a citrus fruit packing house, or packs or prepares
citrus fruit for sale or transportation in a packing house,
unless the person has registered the packing house and given the
notices required under this chapter;
(3) sells, delivers, transports, or delivers or receives citrus
fruit for transportation, unless the citrus fruit bears the
stamps provided by the department to indicate that the fees on
the citrus fruit have been paid;
(4) intentionally substitutes green fruit for ripe fruit that
has received a clearance certificate;
(5) interferes with an authorized inspector in performing a
requirement of this chapter; or
(6) violates any other provision of this chapter.
Acts 1981, 67th Leg., p. 1246, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 94.052. PENALTY. An offense under Section 94.051 of this
code is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1246, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 110, eff.
Sept. 1, 1989.