CHAPTER 95. CITRUS FRUIT COLORING MATTER
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE C. GRADING, PACKING, AND INSPECTING HORTICULTURAL
PRODUCTS
CHAPTER 95. CITRUS FRUIT COLORING MATTER
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 95.001. DEFINITION. In this chapter, "coloring matter"
means a dye, a liquid, a concentrate, a material containing a
dye, or a combination of materials that react to form a dye, that
is used to enhance the color of citrus fruit by the addition of
artificial color to the peel.
Acts 1981, 67th Leg., p. 1247, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.002. APPLICATION. (a) This chapter does not apply to a
process or treatment that merely brings out or accelerates the
natural color of citrus fruit.
(b) This chapter does not apply to citrus fruit other than
citrus grandis, osbeck, commonly known as grapefruit, citrus
sinensis, osbeck, commonly known as oranges, and citrus nobilis
delicios, commonly known as tangerines, that are grown in this
state.
Acts 1981, 67th Leg., p. 1247, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.003. DEPARTMENT TO ADMINISTER. (a) The department
shall administer this chapter and adopt rules necessary for its
enforcement, including rules to assure that citrus fruit that has
been treated with coloring matter does not unreasonably vary in
color from the color of the best ripe fruit of the same variety
generally produced in this state.
(b) The department shall enforce this chapter, and may direct
and supervise the enforcement of this chapter through the
operation of an inspection service organized under Subchapter A,
Chapter 91, of this code.
Acts 1981, 67th Leg., p. 1247, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 3, eff.
Sept. 1, 1993.
SUBCHAPTER B. MANUFACTURE, SALE, OR USE OF COLORING MATTER
Sec. 95.011. CERTIFICATION OF SAFETY. (a) Except as provided
by this section, a person may not use a dye or color in the
manufacture of coloring matter unless it has been certified
harmless and suitable for use in foods by the United States
Department of Agriculture.
(b) The department shall issue a temporary permit allowing the
use of a color or dye for which certification is pending if:
(1) analysis by the department determines that the color or dye
contains antimony, arsenic, barium, lead, copper, mercury, zinc,
other heavy metals, or other substances known to be injurious to
health, only in amounts permitted in certified food colors by the
United States Department of Agriculture; and
(2) the cost of analysis is paid by the person who requests the
temporary permit.
Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.012. LICENSE REQUIRED. A person may not manufacture,
use, or offer for use or sale a coloring matter for citrus fruit
until the coloring matter is approved and the person is granted a
license by the department.
Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.013. ANALYSIS BY DEPARTMENT. (a) A person shall give
the formula and a sample of a coloring matter, together with the
formula of a noncertified dye used in the manufacture of the
coloring matter, to the department before offering to sell the
coloring matter or allowing another person to use, sell, or allow
the use of the coloring matter.
(b) On examination of a formula and analysis of a sample of
coloring matter provided under this section, the department shall
deny a request for a license under Section 95.012 of this code
if:
(1) either the formula or the sample contains an ingredient
prohibited under Section 95.011 of this code or any other
ingredient known to be dangerous to health under the conditions
of its use; or
(2) the sample varies materially from the formula.
(c) A formula provided under this section is confidential
information that may not be disclosed outside the department
except on court order as necessary to enforce this chapter.
Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.014. BOND. (a) A person who obtains a license under
Section 95.012 of this code may not exercise the license until
the person executes a bond in the amount of $5,000 payable to the
governor and conditioned on the coloring matter being free from
an ingredient that is harmful to the quality of citrus fruit or
to health.
(b) A bond shall be cash or a surety bond cosigned by a surety
company that is authorized to do business in this state.
(c) The department shall approve the form of bond.
(d) The aggregate liability on a bond may not exceed $5,000.
(e) A person who has a claim against the bond may bring an
action against the principal and the surety, jointly and
severally. A judgment obtained against either the principal or
surety, or both, shall include costs.
Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.015. NOTICE OF USE. A person shall notify the
department before using or permitting the use of coloring matter
on citrus fruit. If forms for that purpose are prescribed and
furnished by the department, the notice must be on those forms.
Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.016. STANDARDS FOR USE OF COLORING MATTER. A person may
not apply coloring matter to citrus fruits unless the citrus
fruit meets the applicable maturity standards established by rule
by the department under Section 94.003(a).
Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 8, eff. June
5, 1995.
Sec. 95.017. LABELING. (a) Citrus fruit that is treated with
coloring matter shall be marked "Color Added" in letters that are
at least three-sixteenths of an inch high.
(b) Subsection (a) of this section is satisfied if no more than
45 percent of a lot of citrus fruit is imperfectly marked.
(c) If citrus fruit that has been treated with coloring matter
is marked with a trademark, name, or brand by a two-line die in
one operation, "Color Added" shall be placed above the trademark,
name, or brand.
(d) A package of citrus fruit that has been treated with
coloring matter that is sold, delivered for transportation, or
transported shall be marked or securely tagged "Color Added" in
letters that are at least three-fourths of an inch high.
(e) The department may adopt rules changing the requirements of
this section in order to conform the practice of this state to
federal standards.
Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.018. VARIATION FROM LICENSED COLORING MATTER. A
licensee or other person may not manufacture or use coloring
matter that contains an ingredient that is prohibited under this
chapter or that varies materially from the formula on file with
the department.
Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER C. INSPECTION
Sec. 95.031. PERIODIC INSPECTION. (a) The department shall
periodically:
(1) inspect citrus fruit that has been or is to be treated with
coloring matter; and
(2) sample coloring matter on the premises of a licensee under
this chapter and analyze the sample.
(b) A person who uses coloring matter on citrus fruit shall
periodically request inspection of the citrus fruit to be
treated.
(c) In order to perform the inspections required under this
section, the department may enter any place within this state
where citrus fruit is prepared or colored under this chapter.
Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.032. CERTIFICATE OF INSPECTION. (a) After completing a
citrus fruit inspection, the inspector shall issue a certificate
of inspection for all citrus fruit that meets the requirements of
this chapter.
(b) A person may not make or issue a false certificate of
inspection.
(c) A person may not sell, transport, or deliver for
transportation citrus fruit that is not accompanied by a
certificate of inspection.
(d) A certificate of inspection shall be in the form provided by
the department and shall state that all inspection fees under
this chapter have been paid.
Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.033. NONCOMPLYING CITRUS FRUIT. (a) Citrus fruit that
does not pass inspection prior to coloring shall be packed or
otherwise disposed of, in the presence of an inspector, without
being colored.
(b) The inspector may designate a time within usual packing
hours for the disposal of citrus fruit under Subsection (a) of
this section.
Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.034. INSPECTION FEES. The department shall collect a
fee, as provided by department rule, from each person who applies
coloring matter to citrus fruit.
Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.41, eff.
Sept. 1, 1995.
Sec. 95.035. CONDEMNATION OF UNFIT CITRUS FRUIT. (a) Citrus
fruit that has been treated with coloring matter but that on
inspection fails to comply with this chapter or a rule of the
department, or is determined to be otherwise unfit for
consumption, is condemned as a public nuisance and as detrimental
to public health.
(b) The department or the sheriff of the county where the citrus
fruit is located shall seize and destroy condemned citrus fruit.
(c) 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. 1250, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER D. PENALTIES
Sec. 95.041. OFFENSES. A person commits an offense if the
person:
(1) without complying with this chapter, delivers or receives
for transportation, transports, or sells citrus fruit that has
been treated with coloring matter; or
(2) otherwise violates a provision of this chapter or a rule
adopted under this chapter.
Acts 1981, 67th Leg., p. 1251, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 95.042. PENALTY. An offense under Section 95.041 of this
code is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1251, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 111, eff.
Sept. 1, 1989.