TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 12. WEIGHTS AND MEASURES

Subchapter C. PACKAGES AND PRICE VERIFICATION

4 TAC §12.21

The Texas Department of Agriculture (the department) adopts an amendment to §12.21, concerning the examination procedure for price verification in the department's weights and measures program, without changes to the proposal published in the April 6, 2001, issue of the Texas Register (26 TexReg 2585).

This amendment deletes the statement declaring that the department adopts by reference NIST Handbook 130 relating to "Examination Procedure for Price Verification." The adoption will make the rule consistent with the department's intent to no longer implement the price verification procedures as outlined in NIST Handbook 130.

No comments were received regarding adoption of the amendment.

The amendment to §12.21 is adopted under the Texas Agriculture Code (the Code) §12.016, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the execution of applicable laws relating to agriculture, §13.002, which authorizes the department to supervise all weights and measures sold or offered for sale in this state; and §13.021, which authorizes the department to adopt rules for the purpose of bringing about uniformity between the standards established under the Texas Agriculture Code and the standards established by federal law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 14, 2001.

TRD-200102698

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: June 3, 2001

Proposal publication date: April 6, 2001

For further information, please call: (512) 463-4075