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.