A citrus marketing agreement or license may set limits and allocation rules for citrus fruit in intrastate commerce, and if it allocates handler quantities it must use a uniform rule and fairly apportion the total amount among handlers.
Sec. 102.157. TERMS OF AGREEMENT OR LICENSE. (a) Any marketing agreement executed or license issued may: (1) limit or provide a method for limiting the total quantity of any grade, variety, size, or quality of citrus fruit that may be produced during one or more specified periods and marketed in or transported to a market in intrastate commerce; (2) allot or provide a method for allotting the amount of citrus fruit or any grade, variety, size, or quality of citrus fruit that each handler may market in intrastate commerce; (3) determine or provide a method for determining the existence and extent of a surplus of a citrus fruit or of any grade, variety, size, or quality of a citrus fruit, provide for the control and disposition of that surplus in a manner that does not burden or obstruct interstate or foreign commerce, and equalize the burden of a surplus elimination or control among the producers and handlers of the citrus fruit; (4) provide for administrative committees under Section 102.158 of this code; and (5) provide other terms or conditions incidental to and consistent with this section. (b) If the marketing agreement or license allots or provides a method for allotting the amount of a citrus fruit that a handler may handle, the marketing agreement or license must: (1) be under a uniform rule based on one or both of the following: (A) the amount of the citrus fruit or grade, variety, size, or quality of the citrus fruit that each handler has available for current shipment; and (B) the amount shipped by each handler in a prior representative period, as determined by the department; and (2) equitably apportion among all the handlers the total quantity of the citrus fruit or any grade, variety, size, or quality of the citrus fruit to be marketed in or transported to markets in intrastate commerce. (c) A marketing agreement or license may include one or more of the terms and conditions under Subsection (a) of this section, but may not include others. Acts 1981, 67th Leg., p. 1269, ch. 388, Sec. 1, eff. Sept. 1, 1981.