Agriculture Code § 71.060

The department may issue a written stop-sale order for a florist item or nursery product it believes violates the subchapter or a rule, and the item cannot be sold until a court discharges the order or the department finds compliance.

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
Official source: View official record ↗

inspection and compliance sale restrictions

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Provisions of Agriculture Code § 71.060

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71.060
Agriculture Code § 71.060
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The department may issue a written stop-sale order for a florist item or nursery product it believes violates the subchapter or a rule, and the item cannot be sold until a court discharges the order or the department finds compliance.

Sec. 71.060. STOP-SALE ORDER. (a) If the department has reason to believe that a florist item or nursery product is in violation of this subchapter or a rule adopted under this subchapter, the department may issue and enforce a written order to stop the sale of the florist item or nursery product. The department shall present the order to the owner or the person in control of the florist item or nursery product. The person who receives the order may not sell the florist item or nursery product until discharged by a court under Subsection (b) of this section or until the department determines that the florist item or nursery product is in compliance with this subchapter and the rules adopted under this subchapter. (b) The owner or the person in control of any florist item or nursery product prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the florist item or nursery product is found for a judgment as to the justification of the order and for the discharge of the florist item or nursery product from the order in accordance with the findings of the court. (c) This section does not limit the right of the department to proceed as authorized by another section of this subchapter. Added by Acts 1989, 71st Leg., ch. 230, Sec. 58, eff. Sept. 1, 1989. SUBCHAPTER C. INSPECTION OF VEGETABLE PLANTS

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Agriculture Code § 71.060

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Provisions of Agriculture Code § 71.060

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