TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 17. MARKETING AND PROMOTION

Subchapter D. CERTIFICATION OF FARMERS MARKET

4 TAC §17.72

The Texas Department of Agriculture (the department) adopts amendments to §17.72, concerning renewal dates for the registration and certification of farmers markets by the department, without changes to the proposal published in the November 11, 2005, issue of the Texas Register (30 TexReg 7331).

The amendments are adopted to change the annual renewal period from April 1 through April 30 to February 1 through February 28, with an expiration date of March 31 of the following year, rather than May 31. The amendments will allow the department to gather and print current market information for consumers by the beginning of the farmers market season, rather than after the season begins. The amendments also provide that application forms will be available only from the state headquarters in Austin.

No comments were received on the proposal.

The amendments are adopted under Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules as necessary for the administration of its powers and duties under the Code; and the Code, §12.0175, which provides that the department, by rule, may establish programs to promote and market agricultural products and other products grown, processed, or produced in the state, and adopt rules necessary to administer a program established under this section.

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 December 21, 2005.

TRD-200506041

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: January 10, 2006

Proposal publication date: November 11, 2005

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