Proposed Rules Title 4

TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

SUBCHAPTER C. GO TEXAN AND DESIGN MARK

The Texas Department of Agriculture (the department) proposes an amendment to Chapter 17, Subchapter C, §17.52, concerning meats that may be certified and promoted by licensees as part of the department's GO TEXAN promotional marketing program, and the repeal of §17.58, concerning the GO TEXAN Beef Program. The amendment to §17.52 is proposed to include all meats including beef, lamb, goat, pork, poultry and exotics to be classified as GO TEXAN meats, for purposes of certification and promotion under the GO TEXAN program and use of the GO TEXAN mark. The repeal of §17.58 is proposed to eliminate the specific requirements regarding Texas beef, and to allow the department to incorporate beef into §17.52. With the repeal of §17.58, removing unnecessary requirements, and the proposed amendment to §17.52, which will include beef, more beef producers will be eligible for the GO TEXAN program.

Gene Richards, Assistant Commissioner for Marketing and Promotions, has determined that, for the first five-year period the proposed amendment and repeal are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section and repeal as proposed.

Mr. Richards has also determined that for the first five years that the proposed amendment and repeal are in effect, the public benefit of the proposed amendment and repeal will expand eligibility to members that are currently producing, processing or selling beef to benefit from the GO TEXAN program. There will be no effect on microbusinesses, small businesses or persons required to comply with the amended section and repeal, as proposed, therefore, no regulatory flexibility analysis is required.

Written comments on the proposal may be submitted to Gene Richards, Assistant Commissioner for Marketing and Promotions, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposed amendment and repeal in the Texas Register.

4 TAC §17.52

The amendment of §17.52 is proposed under the 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 that the department may adopt rules necessary to administer a program established under this section, including rules governing the use of any registered logo of the department.

Texas Agriculture Code, Chapter 12 is affected by the proposal.

§17.52.Application for Registration to Use the GO TEXAN and Design Mark.

(a)(No change.)

(b) Unless permission is otherwise granted by the department, the GO TEXAN and Design mark may only be used by registrants and licensees to certify and promote the following Texas agricultural products:

(1) - (6) (No change.)

(7) meat(s). In order to be certified as "GO TEXAN" meat(s), applicants must meet the following criteria:

(A) Beef. Must be from cattle that have been born, raised, fed, slaughtered and/or fabricated in Texas.

(B) Lamb and goat. Must be from sheep or goats that have been born, raised, fed, slaughtered and/or fabricated in Texas.

(D) Poultry. Must be from poultry that have been born, raised, slaughtered and/or fabricated in Texas.

(E) Exotics. Must be from exotic animals that have been born, raised, fed, slaughtered and/or fabricated in Texas.

(F) For purposes of this paragraph, "fabricated" shall be defined as the process of taking a carcass and cutting the carcass into wholesale or retail cuts of meat.

~~[(7) lamb or goat meat(s). In order to be certified as "GO TEXAN" lamb or goat meat(s), lamb or goat meat(s) must be from a lamb or goat that has been fed in Texas for at least 30 days and:]~~

~~[(A) be from a lamb or goat that has been slaughtered in Texas; or]~~

~~[(B) be from a lamb or goat slaughtered and fabricated in Texas;]~~

~~[(C) for purposes of this paragraph, "fabricated" shall be defined as the process of taking a carcass and cutting the carcass into wholesale or retail cuts of meat;]~~

(8) - (17) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 27, 2009.

TRD-200903174

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 6, 2009

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

4 TAC §17.58

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The repeal of §17.58 is proposed under the 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 that the department may adopt rules necessary to administer a program established under this section, including rules governing the use of any registered logo of the department.