Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 17. MARKETING AND PROMOTION
Subchapter C. GO TEXAN AND DESIGN MARK
The Texas Department of Agriculture (the department) adopts amendments to Chapter 17, Subchapter C, §§17.51 - 17.58, concerning the department's GO TEXAN promotional marketing program, and new §17.60, concerning the addition of the GO TEXAN Restaurant Program. The amendments to §17.58 and new §17.60 is adopted with changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8235). The amendments to §§17.51 - 17.57 are adopted without changes to the proposed text and will not be republished.
The amendments to §§17.51 - 17.58 are adopted to delete all references to programs that no longer exist as part of the GO TEXAN program, such as TAP, Taste of Texas, Vintage Texas, Texas Grown and Naturally Texas, and to insert references to the GO TEXAN Restaurant Program into §17.51, Definitions, §17.52, Application for Registration to Use the GO TEXAN and Design Mark, §17.55, Registration of Those Entitled to Use the GO TEXAN and Design Mark, and §17.56, Termination of Registration to Use the GO TEXAN and Design Mark. Further, new §17.60 establishes a GO TEXAN Restaurant Program, which will allow restaurants in Texas to become GO TEXAN members and provide consumers a way to identify restaurants in Texas that are using Texas agricultural products as part of their menus.
The department has determined that one minor change to the proposed new §17.60(e) is necessary to clarify that restaurants may obtain a health permit from a licensing entity other than the Texas Department of State Health Services. Depending on the jurisdiction in which the restaurant is located, a restaurant is required to obtain a health permit from either the state, county or city licensing authority.
No written public comments were received on the proposal.
The amendments to Chapter 17, Subchapter C and new §17.60 are adopted under Texas Agriculture 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 may adopt rules necessary to administer such a program and that the department may charge a membership fee, as provided by department rule, for each participant in a program established under §12.075.
§17.58.GO TEXAN Beef Program.
(a) Statement of Purpose; Applicability. The GO TEXAN Beef Program is established to provide a marketing program that adds value to raw Texas beef by allowing use of the Texas Department of Agriculture's GO TEXAN and Design mark only on raw beef products that meet important quality and palatability characteristics. This section provides that feedlot operations, harvest operations, fabricators and private label marketers may be certified as GO TEXAN Beef Program members if they meet the requirements of this section. This section shall apply only to 100% raw beef products, as defined in this section. Though processed beef products (products that have been altered from a raw state by the addition of seasonings or marinades or by being cooked using techniques indigenous to Texas' cooking cultures such as by BBQ, Tex-Mex, Southwestern cuisine, etc.) are not eligible for membership in the GO TEXAN Beef Program, they are eligible for membership in the general "GO TEXAN" Program, as set forth in this subchapter. Beef cattle producers may also qualify for membership in the general "GO TEXAN" Program as livestock producers.
(b) Product Requirements. Raw and non-processed beef products meeting the requirements outlined in this section will be eligible for certification as "GO TEXAN" 100% beef products as part of the GO TEXAN Beef Program. For purposes of this section, the word "non-processed" means a 100% beef product that has not been altered from its raw state by the addition of seasonings or marinades or by being cooked.
(c) Membership Categories, to include Feedlot Operators, Harvest Operations, Fabricators and Private Label Marketers.
(1) Feedlot operations. In order to be certified as a "GO TEXAN" feedlot, a feedlot must meet the following requirements:
(A) The feedlot must be located in Texas.
(B) The feedlot must participate in a beef safety and quality assurance program and may feed Vitamin E to the cattle certified for slaughter as a "GO TEXAN" 100% beef product.
(C) The feedlot must submit a GO TEXAN Beef Program application to the department in accordance with this section.
(2) Harvest operations. In order to be certified as a "GO TEXAN" harvest operation, a facility including a beef packer or boxed beef supplier, must meet the following requirements:
(A) The facility must be located in Texas and must be inspected by the Texas Department of State Health Services (DSHS) or the United States Department of Agriculture (USDA).
(B) All cattle harvested by the facility for certification as a "GO TEXAN" 100% beef product must have resided in Texas a minimum of 100 days immediately prior to harvesting.
(C) The facility must employ practices to optimize palatability of beef cuts. All operations shall utilize the following practices:
(i) High voltage electrical stimulation of 300 volts or more along with a postmortem aging plan of 14 days or more, as approved by the commissioner and the scientific panel appointed by the commissioner; or
(ii) Another palatability-enhancing program that is validated with scientific data through the Option 2 Sampling Plan approved by the commissioner and the scientific panel appointed by the commissioner. Operations who do not utilize USDA's grading service may be exempt from grading requirements specified in subparagraph (D)(i) - (iii) of this paragraph and still admitted to the program if their Option 2 plan is approved by the Commissioner and panel. Copies of the plan are available through the Texas Department of Agriculture.
(D) Raw beef eligible for certification as a "GO TEXAN" 100% beef product must be of the following quality:
(i) Products of Prime, Choice or Select quality as defined by the USDA;
(ii) Products of Yield Grades 1, 2 or 3, as defined by the USDA;
(iii) Products coming from carcasses with a maturity score in the "A" maturity range, as defined by USDA;
(iv) Products coming from carcasses weighing less than 899 pounds; and
(v) Products not coming from carcasses with dark-cutting characteristics.
(E) The harvest facility must submit a GO TEXAN Beef Program application to the department in accordance with this section.
(3) Fabricators. For the purposes of this section, a fabricator is defined as a meat processing establishment that purchases wholesale cuts of meat and converts them into ready-to-cook cuts for the retail or foodservice market by such steps as portioning, grinding, cubing and other such practices. In order to be certified as a "GO TEXAN" fabricator, a fabricator must meet the following requirements:
(A) The fabrication facility must be located in Texas.
(B) The owner or operator must confirm that raw materials used will be 100% raw beef sourced back to a DSHS or USDA inspected harvest facility, and that such raw materials will meet the requirements of paragraph (2)(A) - (E) of this subsection, or the Option 2 Sampling Plan.
(C) The fabricator must submit a GO TEXAN Beef Program application to the department, including the name of the proposed beef products.
(4) Private label marketers. In order to be certified as a "GO TEXAN" private label marketer of 100% beef products, private label marketers must meet the following requirements:
(A) Marketers who have a raw beef product boxed for their own label by another harvest facility or fabricator must confirm that the raw materials used will be 100% raw beef sourced back to a harvest facility or fabricator located in Texas, and that such raw materials will meet the requirements of paragraph (2)(A) - (E) or paragraph (3)(A) - (C) of this subsection, or the Option 2 Sampling Plan.
(B) The private label marketer must submit a GO TEXAN Beef Program application to the department, including the name of the proposed beef products.
(d) Application Process.
(1) Application to use the GO TEXAN and Design mark in accordance with this section, shall be made in the same manner as provided in §17.52 of this title (relating to Application to Use the GO TEXAN and Design Mark).
(2) Applicants must certify on the application that all applicable GO TEXAN Beef Program requirements are met.
(3) The department may contact applicants to verify that all GO TEXAN Beef Program requirements are met.
(4) Except as otherwise provided in this section, all requirements for membership in the general "GO TEXAN" program shall apply to entities certified under this section.
(e) Fees. Applicants shall submit an annual fee in the amount of $25 at the time of application to enroll in the GO TEXAN Beef Program. The annual fee is prorated monthly for membership of less than one year. Companies will be billed the annual registration fee of $25 each membership year thereafter.
(f) Review Panels. Review panels provided for as part of the application review process under this section shall be appointed by the commissioner and shall be composed of three meat scientists with doctorate degrees in meat science and a background in research.
§17.60.GO TEXAN Restaurant Program.
(a) Statement of Purpose: The GO TEXAN Restaurant Program is established to provide a marketing program that adds value to Texas restaurants and encourages these establishments to purchase products produced or processed in Texas.
(b) Restaurant Requirements: To be eligible for the GO TEXAN Restaurant Program, members shall meet and agree to the following requirements:
(1) Restaurant members shall purchase and use product(s) made, grown, processed or value added in Texas, as well as products produced by GO TEXAN members.
(2) Restaurant members must complete and submit the annual GO TEXAN survey.
(3) Restaurant must be a permitted food establishment providing restaurant service located in Texas that is permitted in accordance with all state and local laws and restaurant regulations.
(c) Restaurants headquartered out of state must have a place of business with a Texas address to be considered eligible for GO TEXAN Restaurant Program membership.
(d) Display of GO TEXAN Restaurant Program Items:
(1) Restaurant members may post their membership certificate to give notice that their establishment is an official GO TEXAN Restaurant member.
(2) Restaurant members shall, whenever possible, display, advertise and promote product(s) made, grown, processed or value added in Texas to consumers within the restaurant. Texas Department of Agriculture will provide a copy of the GO TEXAN logo for use in promotion of the Texas restaurant establishment.
(e) Application Process:
(1) Application to use the GO TEXAN and Design mark in accordance with this section shall be made in the same manner as provided in §17.52 of this title (relating to Application to Use the GO TEXAN and Design Mark).
(2) Applicants must certify on the application that all applicable GO TEXAN Restaurant Program requirements are met.
(3) Except as otherwise provided in this section, all requirements for membership in the general GO TEXAN program shall apply to restaurants certified under this section.
(4) Restaurants must submit the GO TEXAN Restaurant Program Member application in addition to the $25 annual GO TEXAN membership fee. Restaurants will be billed the annual registration fee of $25 each membership year thereafter.
(5) Restaurants must submit a copy of the establishment's food permit that has been issued by the restaurant's applicable licensing agency with the membership application. If a restaurant establishment loses its permit or if the permit is revoked by its applicable licensing agency, the establishment's GO TEXAN membership is void.
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 20, 2007.
TRD-200706555
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: January 9, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 463-4075