CHAPTER 62. SEED AND PLANT CERTIFICATION
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE A. SEED AND FERTILIZER
CHAPTER 62. SEED AND PLANT CERTIFICATION
Sec. 62.001. DEFINITIONS. In this chapter:
(1) "Board" means the State Seed and Plant Board.
(2) The term "certified seed" or "certified plant" means a seed
or plant that has been determined by a seed or plant certifying
agency to meet agency rules and standards as to genetic purity
and identity.
(3) "Plant" includes plant parts.
Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 62.002. STATE SEED AND PLANT BOARD. (a) The State Seed
and Plant Board is an agency of the state. The board is composed
of:
(1) one individual, appointed by the president of Texas A&M
University, from the Soils and Crop Sciences Department, Texas
Agricultural Experiment Station, Texas A&M University;
(2) one individual, appointed by the president of Texas Tech
University, from the Department of Plant and Soil Sciences, Texas
Tech University;
(3) one individual, appointed by the commissioner, licensed as a
Texas Foundation, Registered, or Certified seed or plant producer
who is not employed by a public institution;
(4) one individual, appointed by the commissioner, who sells
Texas Foundation, Registered, or Certified seed or plants;
(5) one individual, appointed by the commissioner, actively
engaged in farming but not a producer or seller of Texas
Foundation, Registered, or Certified seed or plants; and
(6) the head of the seed division of the department.
(b) An individual appointed from a state university or the
department serves on the board as an ex officio member. A member
serves for a term of two years and until a successor has
qualified. Members serve without compensation but are entitled to
reimbursement by the state for actual expenses incurred in the
performance of their duties.
(c) A member whose employment is terminated with the agency or
department from which the member was appointed or who ceases to
be engaged in the business or professional activity that the
member was appointed to represent vacates membership on the
board.
(d) The commissioner shall designate a member of the board as
the chairman to serve in that capacity at the pleasure of the
commissioner. The board annually shall elect a vice-chairman and
secretary. The board shall meet at times and places determined
by the chairman.
(e) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 185, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729, Sec. 14, eff. Sept.
1, 1985; Acts 1989, 71st Leg., ch. 311, Sec. 1, eff. Aug. 28,
1989; Acts 1995, 74th Leg., ch. 419, Sec. 1.17, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.04, eff. September 1, 2009.
Sec. 62.0021. MEETINGS BY TELEPHONE CONFERENCE CALL. (a)
Notwithstanding Chapter 551, Government Code, the board may hold
an open or closed meeting by telephone conference call if
immediate action is required and the convening at one location of
a quorum of the board is inconvenient for any member of the
board.
(b) The meeting is subject to the notice requirements applicable
to other meetings.
(c) The notice of the meeting must specify as the location of
the meeting the location where meetings of the board are usually
held.
(d) Each part of the meeting that is required to be open to the
public shall be audible to the public at the location specified
in the notice of the meeting as the location of the meeting and
shall be tape-recorded. The tape recording shall be made
available to the public.
Added by Acts 1993, 73rd Leg., ch. 74, Sec. 1, eff. May 5, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(78), eff.
Sept. 1, 1995.
Sec. 62.0022. BOARD CONFLICT OF INTEREST. (a) An officer,
employee, or paid consultant of a Texas trade association in the
field of agriculture may not be a member of the board.
(b) A person who is the spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of
agriculture may not be a member of the board.
(c) For the purposes of this section, a Texas trade association
is a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(d) A person may not serve as a member of the board or act as
the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1,
1995.
Sec. 62.0023. REMOVAL OF BOARD MEMBER. (a) It is a ground for
removal from the board if a member:
(1) does not have at the time of appointment the qualifications
required by Section 62.002;
(2) does not maintain during service on the board the
qualifications required by Section 62.002;
(3) violates a prohibition established by Section 62.0022;
(4) cannot because of illness or disability discharge the
member's duties for a substantial part of the term for which the
member is appointed; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year unless the absence is excused by majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec.
4.09(1), eff. September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.09(1), eff. September 1, 2009.
Sec. 62.0024. STANDARDS OF CONDUCT. The commissioner or the
commissioner's designee shall provide to members of the board, as
often as necessary, information regarding their qualification for
office under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1,
1995.
Sec. 62.0025. BOARD MEETINGS; ADMINISTRATIVE PROCEDURE. (a)
The board shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the board
and to speak on any issue under the jurisdiction of the board.
(b) The board is subject to Chapter 551, Government Code, and
Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1,
1995.
Sec. 62.0026. SEPARATION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the commissioner and the staff of the
department.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1,
1995.
Sec. 62.0027. BOARD MEMBER TRAINING. (a) Before a member of
the board may assume the member's duties, the member must
complete at least one course of the training program established
under this section.
(b) A training program established under this section shall
provide information to the member regarding:
(1) Chapter 64, this chapter, and the enabling legislation that
created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the requirements of:
(A) Chapter 551, Government Code;
(B) Chapter 552, Government Code; and
(C) Chapter 2001, Government Code;
(6) the requirements of the conflict of interest laws and other
laws relating to public officials; and
(7) any applicable ethics policies adopted by the department or
the Texas Ethics Commission.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.05, eff. September 1, 2009.
Sec. 62.003. CLASSES OF CERTIFIED SEED. (a) The four classes
of certified seed and plants are Breeder, Foundation, Registered,
and Certified.
(b) A Breeder seed or Breeder plant is directly controlled by
the originating or sponsoring person or the person's designee and
is the primary source for the production of seed and plants of
the other classes.
(c) A Foundation seed or Foundation plant is the progeny of
Breeder or Foundation seed or plants and is produced and handled
under the procedures established, in accordance with federal
requirements, by a seed or plant certifying agency for the
Foundation class of seed or plants for the purpose of maintaining
genetic purity and identity.
(d) A Registered seed or Registered plant is the progeny of
Breeder or Foundation seed or plants and is produced and handled
under procedures established, in accordance with federal
requirements, by a seed or plant certifying agency for the
Registered class of seed or plants for the purpose of maintaining
genetic purity and identity.
(e) A Certified seed or Certified plant is the progeny of
Breeder, Foundation, or Registered seed or plants, except as
otherwise provided by federal law, and is produced and handled
under procedures established, in accordance with federal
requirements, by a seed or plant certifying agency for the
Certified class of seed or plants for the purpose of maintaining
genetic purity and identity.
Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 62.004. ELIGIBILITY FOR AND STANDARDS OF CERTIFICATION.
(a) The board may establish, not inconsistent with federal law,
the eligibility of various kinds and varieties of seed and plants
for genetic purity and identity certification and the procedures
for that certification.
(b) The board may establish standards of genetic purity and
identity, not inconsistent with federal law, for classes of
certified seed and plants for which the board determines that
standards are desirable. In establishing the standards, the board
may consider all factors affecting the quality of seed and
plants.
(c) The board shall report to the department the kinds and
varieties of seed and plants eligible for certification and the
standards adopted for certification eligibility.
Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 62.005. LICENSING OF PRODUCERS OF FOUNDATION, REGISTERED,
OR CERTIFIED SEED. (a) A person who wants to produce a
certified class of seed or plant for which the board has
established standards of genetic purity and identity may apply to
the board for licensing as a Foundation, Registered, or Certified
producer of seed or plants. To be licensed as a producer, a
person must satisfy the board that:
(1) he or she is of good character and has a reputation for
honesty;
(2) his or her facilities meet board requirements for producing
and maintaining seed or plants for the certification generations
desired; and
(3) he or she has met any other board requirements as to
knowledge of the production or maintenance of seed or plants for
the certification generations for which he or she applies to be
licensed.
(b) The board may adopt rules governing the production and
handling by licensed producers of certified classes of seed and
plants to ensure the maintenance of genetic purity and identity.
(c) A license to produce Foundation, Registered, or Certified
seed or plants is not transferable and is permanent unless
revoked as provided in this chapter. A person licensed as a
producer of Foundation, Registered, or Certified seed or plants
is eligible to produce certified seed or plants, as provided in
the license, of the class for which he or she is licensed or of
any lower class of certified seed or plants, as determined by the
board.
(d) An application for licensing as a Foundation, Registered, or
Certified producer of seed or plants must be accompanied by a
fee, as provided by department rule.
Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 40, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.23, eff.
Sept. 1, 1995.
Sec. 62.006. REGISTRATION OF PLANT BREEDERS. (a) A person
engaging in the development, maintenance, or production of seed
or plants for which standards of genetic purity and identity have
been established by the board may apply to the board for
registration as a plant breeder. The applicant shall apply on
forms prescribed by the board and shall include with the
application a registration fee, as determined by the board. To be
registered as a plant breeder, a person must satisfy the board
that the person is skilled in the science of plant breeding. The
board may require skill to be shown by evidence of
accomplishments in the field and may require an oral or written
examination in the subject.
(b) A certificate of registration is not transferable and is
permanent unless revoked as provided in this chapter.
Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.24, eff.
Sept. 1, 1995.
Sec. 62.0065. NOTICE AND ANALYSIS OF EXAMINATION RESULTS. (a)
Not later than the 30th day after the date on which a licensing
or registration examination is administered under this chapter,
the board shall notify each examinee of the results of the
examination. However, if an examination is graded or reviewed by
a national testing service, the board shall notify examinees of
the results of the examination not later than the 14th day after
the date on which the board receives the results from the testing
service. If the notice of examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the board shall notify the
examinee of the reason for the delay before the 90th day. The
board may require a testing service to notify examinees of the
results of an examination.
(b) If requested in writing by a person who fails a licensing or
registration examination administered under this chapter, the
board shall furnish the person with an analysis of the person's
performance on the examination.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 41, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.19, eff.
Sept. 1, 1995.
Sec. 62.008. CERTIFICATION OF SEED AND PLANTS. (a) The
department is the certifying agency in Texas for the
certification of seed and plants. The department shall employ a
sufficient number of inspectors to carry out the inspection
provisions of this chapter. Inspectors must meet qualifications
set by the board.
(b) A person who is licensed as a Foundation, Registered, or
Certified seed or plant producer or who is registered as a plant
breeder is eligible to have seed or plants of an eligible class
and variety certified by the department. On request by a licensed
producer or a registered plant breeder to have seed or plants
certified, the department shall inspect the producer's or
registrant's fields, facilities, and seed or plants. Inspection
may include tests approved by the board and carried out by
inspectors under the authority of the department.
(c) After inspection, if the department determines that the
production of seed or plants has met the standards and rules
prescribed by the board, it shall cause to be attached to each
container of the product a label identifying the seed or plant
and the certified class and including other information required
by statute or by rule of the board. The department shall
prescribe the format of the label.
(d) The department shall fix and collect a fee for the issuance
of a certification label in an amount necessary to cover the
costs of inspection and labels.
Acts 1981, 67th Leg., p. 1137, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 2001, 77th Leg., ch. 52, Sec. 9, eff. May
7, 2001.
Sec. 62.009. SEED AND PLANTS FROM OUTSIDE THE STATE. (a) The
department may adopt rules, including testing requirements and
standards, which must be met before seed or plants represented to
be of a certified class may be shipped into the state for
distribution in the state. The rules adopted shall be designed to
ensure buyers in the state of having available certified seed and
plants of known origin, genetic purity, and identity and shall
correspond to appropriate rules used in certifying seed and
plants produced in Texas.
(b) The department may require inspections of seed and plants
represented to be of a certified class and shipped into the state
for distribution in the state and may collect fees to cover costs
of inspection, as determined by the department. The department
may require inspection fee payment before distribution in the
state.
(c) A person may not distribute in this state seed or plants
represented to be of a certified class and shipped into the state
for distribution in the state, unless the person has first
complied with any rules, including testing requirements, adopted
by the department for seed or plants shipped into the state.
(d) A person may not sell or offer for sale in this state seed
or plants represented to be of a certified class and shipped into
the state for distribution in the state, unless the seed or
plants have been certified by an official certifying agency in
the state, province, or country of origin or have been certified
by the department.
(e) Seed or plants shipped into the state for distribution in
the state which are represented to be of a certified class and
which are found by the department after investigation to violate
the requirements of this section are restricted from
distribution. In addition, the department may order the seed or
plants in violation confiscated and retained under general
supervision of the department. An owner or consignee of
restricted or confiscated seed or plants may appeal the order by
filing an appeal within 10 days of the order. Appeal is in the
county court of the county where the seed or plants are
restricted or were confiscated. The appeal in county court is by
trial de novo. If no appeal is filed as provided in this section
or if after an appeal in county court, the department's action is
not reversed, the department may destroy confiscated seed or
plants.
Acts 1981, 67th Leg., p. 1137, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 62.010. REVOCATION, MODIFICATION, OR SUSPENSION OF
REGISTRATION OR LICENSE. (a) The department shall revoke,
modify, or suspend the registration or license of a registered
plant breeder or licensed producer of Foundation, Registered, or
Certified seed or plants, place on probation a person whose
registration or license has been suspended, or reprimand a
registrant or licensee if the person makes exaggerated claims for
products, fails to observe any rule governing the maintenance and
production of a certified class of seed or plants that he or she
is registered or licensed to produce or maintain, or violates
another requirement of this chapter or a rule adopted by the
board or the department under this chapter.
(b) If a suspension of a license or registration is probated,
the department may require the person to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to the areas prescribed by the department; or
(3) continue or renew professional education until the person
attains a degree of skill satisfactory to the department in those
areas that are the basis of the probation.
(c) If the department revokes a registration or license, the
department shall order the cancellation and withdrawal of all
appropriate certification labels previously issued for the seed
or plants.
(d) If the department proposes to revoke, modify, or suspend a
person's registration or license, the person is entitled to a
hearing conducted under Section 12.032. The board shall prescribe
procedures by which all decisions of the department to revoke,
modify, or suspend a registration or license issued under this
chapter are appealable to the board.
Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 42, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 3.09, eff.
Sept. 1, 1995.
Sec. 62.011. PENALTIES. (a) A person commits an offense if the
person:
(1) sells or offers for sale in this state seed or plants with
labeling or packaging accompanying the seed or plants using the
terms "from officially inspected fields," "state inspected,"
"approved seed," "approved plants," "approved sods," "approved
trees," "inspected fields," "foundation seed," "certified
plants," or terms having the same meaning, unless the seed or
plants have been certified as Foundation, Registered, or
Certified seed or plants;
(2) represents himself or herself to be a registered plant
breeder or licensed producer of Foundation, Registered, or
Certified seed or plants unless he or she has been registered or
licensed under this chapter;
(3) sells or offers for sale in this state Foundation,
Registered, or Certified seed or plants that are not in
compliance with this chapter or with the rules adopted under this
chapter;
(4) sells or offers for sale seed or plants represented to be
certified in explicit oral or written statements or by misleading
oral or written statements if the seed or plants have not been
certified or have not been certified as being of the class of
which they are represented;
(5) violates Section 62.007(c) of this code; or
(6) violates Section 62.009(c), (d), or (e) of this code.
(b) An offense under Subsection (a)(1), (a)(2), (a)(5), or
(a)(6) of this section is a Class C misdemeanor.
(c) An offense under Subsection (a)(3) or (a)(4) of this section
is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 43, eff.
Sept. 1, 1989.