Agriculture Code § 131.083
A person may not label, sell, keep, expose, or offer for sale a product that resembles honey and is labeled as imitation honey.
- Food labeling
- Sale of food products
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A person may not label, sell, keep, expose, or offer for sale a product that resembles honey and is labeled as imitation honey.
Honey mixtures cannot be sold or offered for sale unless the label lists ingredients and 'honey' is printed in the same size as the other ingredients; 'honey' also cannot be displayed more prominently in the product name.
The chief apiary inspector enforces Subchapters B, C, and D, and the Department of State Health Services enforces Subchapter E.
The chief apiary inspector and the Department of State Health Services may enter certain premises at a reasonable hour to check for possible violations.
An enforcing official or agency may issue a written stop-sale order for certain bees, equipment, pollen, or honey, must give a copy to the possessor, and the possessor may not sell or transport the items until they are found compliant.
This section lets enforcement officials sue to stop violations and use other civil actions, requires the attorney general or a county/district attorney to represent them on request, and requires sheriffs or constables to protect those officers or employees.
A civil or criminal prosecution under this chapter must be brought in the county where the affected bees, equipment, pollen, or honey are located when the violation is discovered or reported.
A person commits an offense for violating bee disease and pest control rules, permit requirements, inspection rules, or movement restrictions involving affected bees or equipment.
A person commits an offense if they violate Section 131.061 or alter, or try to alter, a registered apiary equipment brand without authorization from the chief apiary inspector.
A person commits an offense if they violate Subchapter E of this chapter; the offense is a Class B misdemeanor.
This section defines key terms used in the chapter, including egg, person, shipped egg, Texas egg, and inspection.
This chapter does not apply to a person selling only eggs from the person’s own flock if no grade is claimed.
The department must administer this chapter and may adopt/enforce rules, prescribe record forms, require reporting, and make reciprocal agreements with other states for inspections of certain out-of-state egg locations.
Shell egg inspection and regulation standards must match USDA and FDA standards, and shell eggs must be stored at 45°F or less after initial packing unless a different USDA/FDA temperature standard prevails.
The department must set sampling methods for eggs, may inspect certain business locations during business hours, and must reimburse a Texas business for the actual cost of eggs taken as samples.
If certain egg grading and sizing happens outside Texas, the department may inspect the related records and the licensee must reimburse inspection expenses.
The department must work with the Texas Department of Health on a memorandum of understanding, and publish it in the Texas Register after adoption.
A person may not buy or sell eggs in Texas for resale unless they first get a license from the department.
Certain persons must apply to the department for the correct egg-licensing category, depending on what they do.
An out-of-state applicant must file with the department the name of a Texas agent for service of process before receiving a license under this chapter.
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