Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 17.
MARKETING AND PROMOTION DIVISION
Subchapter C. TAP, TASTE OF TEXAS, VINTAGE TEXAS, TEXAS GROWN, NATURALLY TEXAS AND GO TEXAN AND DESIGN MARKS
4 TAC §§17.51, 17.52, 17.55, 17.57, 17.58
The Texas Department of Agriculture (the department) proposes
amendments to the department's promotional marketing program rules for application
and registration to use TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally
Texas, and GO TEXAN and Design mark, Chapter 17, Subchapter C, §17.51,
concerning Definitions, §17.52, concerning Application for Registration
To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas,
or GO TEXAN and Design Mark, §17.55, concerning Registration of Those
Entitled To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally
Texas, or GO TEXAN and Design Mark, §17.57, concerning Associate GO TEXAN
Members, and §17.58, concerning the GO TEXAN Beef Program.
The amendments are proposed to implement Senate Bill 571, as enacted by
the 77th Legislature, 2001, and to incorporate new provisions for use of the
GO TEXAN and Design mark into existing rules. Amended §17.51 makes the
definition of Texas agricultural product consistent with §46.002 of the
Texas Agriculture Code, and adds a definition of equine species. Amended §17.52
establishes standards for GO TEXAN lamb or goat meat(s), expands the list
of Texas agricultural products with which GO TEXAN and Design can be used,
deletes inapplicable fee language, and restricts the use of GO TEXAN and Design
on products that are marketed as products from other states, countries, and
cities outside of Texas. Amended §17.55 deletes inapplicable fee language
for the GO TEXAN Associate program, and imposes an annual fee limit of $50
for GO TEXAN membership. Amended §17.57 adds livestock shows, festivals
that promote Texas agricultural products, and organizations that promote equine-related
activities to the GO TEXAN Associate member category, and removes inapplicable
fee language. Amended §17.58 modifies the GO TEXAN Beef Program requirements
for processing facilities.
Delane Caesar, Assistant Commissioner for Marketing and Promotion, has
determined for the first five-year period that the amended sections are in
effect, there will be fiscal implications for state government as a result
of enforcing or administering the sections. By expanding the eligibility criteria
for the GO TEXAN program, there may be a slight increase in GO TEXAN applications
to be processed by department staff. In addition, the proposed amendments
add a $25 membership fee for the GO TEXAN Associate program, which may involve
increased time for processing applications and fees. The increase in cost
or revenue due to both changes is difficult to quantify, because membership
in the program is voluntary, although it is expected that the impact upon
staff will be very small. There will be no fiscal implications for local government
as a result of enforcing or administering the amended sections.
Ms. Caesar has also determined that for the first five years that the proposal
is in effect the public benefit resulting from enforcing and administering
the sections will be increased awareness of and sales of Texas agricultural
products due to the expansion of the department's promotional marketing programs.
The effect on microbusinesses, small businesses and individuals required to
comply with the amended sections for the first five- year period will be an
increase of $25 in the annual registration free for GO TEXAN Associate members.
Comments may be submitted to Delane Caesar, Assistant Commissioner for
Marketing and Promotion, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the
Texas
Register
.
The amendments are proposed under the 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 §12.0175 of the Code, which authorizes the department
to establish programs to promote and market agricultural products grown or
processed in the state or products made from ingredients grown in the state
and to charge a membership fee for participation in such programs..
The code that will be affected by this proposal is the Texas Agriculture
Code, Chapter 46.
§17.51.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Associate GO TEXAN members/licensees--Persons who apply
and are granted limited use of the mark by the department for assistance in
the promotion and implementation of the GO TEXAN program.
(2)
Commissioner--Commissioner of Agriculture, Texas Department
of Agriculture.
(3)
Department--The Texas Department of Agriculture.
(4)
Equine species-A horse, pony, mule or
donkey that was foaled in Texas or has resided in Texas for at least one year.
(5)
[
(6)
[
Figure: 4 TAC §17.51
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
Figure: 4 TAC §17.51
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(A)
the agricultural product is grown, raised, nurtured, sown,
or cultivated within the state; or
(B)
the agricultural product has been altered by a mechanical
or physical value-added procedure in Texas to change or add to its physical
characteristics.
(C)
Products produced in Texas, but processed out of Texas
do not meet GO TEXAN program requirements.
(16)
[
(A)
produces agricultural product(s) grown, raised, nurtured,
sown, or cultivated in the State of Texas;
(B)
produces Texas processed agricultural product(s); or
(C)
produces Texas product(s) that is/are not processed outside
of Texas.
(17)
[
(18)
[
Figure: 4 TAC §17.51
(18)
[
(19)
[
Figure: 4 TAC §17.51
(19)
[
(20)
[
(A)
equine species
[
(B)
feed for use by livestock or poultry
[
(C)
fish or other
aquatic species
[
[(D)
a forestry product;]
(D)
[
(E)
[
(F)
[
(G)
wildlife processed for food or by-products.
(21)
[
Figure: 4 TAC §17.51
(21)
[
(22)
[
Figure: 4 TAC §17.51
(22)
[
§17.52.Application for Registration To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or 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)
lamb or goat meat(s). In order to be certified as [
(A)
[
(B)
[
(C)
(No Change.)
(8)
livestock
or poultry
feed(s), feed supplement(s)
and pet food(s);
(9)
fish, shellfish, or other aquatic species
[
(10) - (12)
(No change.)
(13)
processed natural fiber and natural wood product(s); [
(14)
wildlife processed for food or by-products;
(15)
equine species; and
(16)
[
(c) - (e)
(No change.)
(f)
If approved, applicants [
(g)
Upon receipt of the registration fee [
(h) - (k)
(No change.)
(l)
The nature and quality of the goods sold by registrants
in connection with the mark shall conform to any standards which may be set
from time to time by the department. Registrants shall cooperate with the
commissioner by permitting reasonable inspection of the registrant's operation
and supplying the commissioner with specimens of use of the mark upon request.
Registrants shall not use the mark on goods sold or marketed as products from
another country or state, or as products from a city or region outside of
Texas, unless prior written authorization is received from the department.
(m) - (o)
(No change.)
§17.55.Registration of Those Entitled To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark.
(a)
(No change.)
(b)
Procedure for annual renewal of registration of persons
authorized to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally
Texas, or GO TEXAN and Design mark.
(1)
Between August 1 and August 31, annually, the department
shall mail to each person previously registered or licensed to use the GO
TEXAN and Design mark a statement setting forth the amount due as an annual
registration fee [
(2)
(No change.)
(3)
Within 30 days of receipt by the department of the renewal
statement, together with the annual registration fee [
(4)
(No change.)
(c)
An annual registration fee of $25 for registration in the
GO TEXAN
and GO TEXAN Associate
program shall be paid to the department.
(d)
(No change.)
(e)
Annual GO TEXAN and GO TEXAN Associate
registration fees charged by the department shall not exceed $50.
§17.57.Associate GO TEXAN Members.
(a)
Statement of purpose; Applicability. The Associate GO TEXAN
Member Program is established to provide a marketing program that allows persons
interested in assisting the department with the promotion and implementation
of the GO TEXAN program use of the Texas Department of Agriculture's GO TEXAN
and Design mark only on promotional items that meet standards and rules. In
addition to the certification of [
(b)
(No change.)
(c)
Eligibility Requirements and Membership Categories.
(1)
Eligibility requirements. All [
(2)
(No change.)
(3)
Livestock Shows and Festivals.
[
(4)
(No change.)
(5)
Equine-related Entities. A licensee's use of the mark
is limited to promotional activities for equine species.
[
(6)
(No change.)
(d)
(No change.)
(e)
Printers and media. Printers' and media companies'
use of the mark is limited to reproduction of the mark for use by program
members on their products. Printers and media companies are not eligible for
the GO TEXAN Partner Program.
[
§17.58.GO TEXAN Beef Program.
(a)
(No change.)
(b)
Product Requirements and Membership Categories.
(1) - (2)
(No change.)
(3)
Processing facilities. In order to be certified as a "GO
TEXAN" processing company, a processing company must meet the following requirements:
(A)
The owner or operator of the processing facility must sign
an affidavit confirming that raw materials used will be of 100% beef sourced
back to a TDH or USDA inspected slaughter facility
, and that such raw
materials will meet the of requirements of §17.58(b)(2)(A-C) of this
section
.
(B)
(No change.)
(4)
(No change.)
(c) - (e)
(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 9, 2001.
TRD-200103902
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-4075
4 TAC §§17.301, 17.302, 17.308
The Texas Department of Agriculture (department) proposes
amendments to the department's GO TEXAN Partner Program rules, §17.301,
concerning Definitions, §17.302, concerning Administration, and §17.308,
concerning Use of Funds. The amendments are proposed to implement Senate Bill
571, as enacted by the 77th Legislature, 2001, and to incorporate new provisions
for the GO TEXAN Partner Program. Amended §17.301 makes the definition
of Texas agricultural product consistent with §46.002 of the Texas Agriculture
Code, and adds donations to allowable funding sources for the GO TEXAN Partner
Program account. Amended §17.302 clarifies that the GO TEXAN Partner
Program involves both marketing and promotional activities for Texas agricultural
products, and adjusts the membership of the GO TEXAN Partner Program Advisory
Board to include representatives with expertise in Internet websites or electronic
commerce, and economic analysis. Amended §17.308 allows the department
to use up to $5,000 in a state fiscal year for the purchase of food and beverages
for GO TEXAN promotional events, deletes language restricting the size of
projects for the first six months of the program, and increases the amount
of approved project funds that will be allocated to the department's GO TEXAN
program.
Delane Caesar, Assistant Commissioner for Marketing and Promotion, has
determined for the first five-year period that the proposed sections are in
effect, there will be fiscal implications for state government as a result
of enforcing or administering the sections. By expanding the eligibility criteria
for the GO TEXAN Partner Program, there may be a slight increase in GO TEXAN
Partner Program applications to be processed by department staff. The increase
as a result of the change is difficult to quantify, because application for
funding under the GO TEXAN Partner Program is voluntary, although it is expected
that the impact upon staff will be very small. There will be no fiscal implications
for local government as a result of enforcing or administering the sections.
Ms. Caesar has also determined that for the first five years that the proposal
is in effect the public benefit resulting from enforcing and administering
the sections will be increased awareness of and sales of Texas agricultural
products due to the expansion of the department's promotional marketing programs
and an increase in the number of businesses that can apply to the GO TEXAN
Partner Program. Other than the costs associated with application to the program
for new applicants, there are no anticipated cost to microbusinesses, small
businesses or individuals required to comply with the amended sections.
Comments may be submitted to Delane Caesar, Assistant Commissioner for
Marketing and Promotion, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the
Texas
Register
.
The amendments are proposed under the 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; §12.0175 of the Code, which authorizes the department
to establish programs to promote and market agricultural products grown or
processed in the state or products made from ingredients grown in the state;
and §46.012 of the Code, which authorizes the department to adopt rules
to administer the GO TEXAN Partner Program. The code that will be affected
by this proposal is the Texas Agriculture Code, Chapter 46.
§17.301.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (5)
(No change.)
(6)
GO TEXAN Partner Program Account -- An account in the state
general revenue fund composed of legislative appropriations, gifts, grants,
donations,
and matching funds received under Texas Agriculture Code,
Chapter 46, money required to be deposited in the account under §502.2761,
Transportation Code, and other money required by law to be deposited in the
account.
(7) - (9)
(No change.)
(10)
Texas agricultural product -- An agricultural,
apicultural,
horticultural,
silvicultural,
viticultural, or vegetable
product, either in its natural or processed state, that has been produced,
processed, or otherwise had value added to the product in this state, including:
(A)
equine species
[
(B)
feed for use by livestock or poultry
[
(C)
fish or other
aquatic species
[
[(D)
forestry product;]
(D)
[
(E)
[
(F)
[
(G)
wildlife processed for food or by-products.
§17.302.Administration.
(a)
The department's responsibilities under this subchapter
are as follows.
(1) - (3)
(No change.)
(4)
Department staff shall receive project requests, submitted
by eligible applicants, for advertising
or promotional
campaigns
for specific Texas agricultural products.
(5) - (6)
(No change.)
(7)
Department staff may establish guidelines on advertising
or promotional
activities by applicants.
(8) - (10)
(No change.)
(b)
The board's responsibilities under this subchapter are
as follows.
(1)
The board shall be composed of the following members appointed
by the commissioner:
(A)
one
[
(B)
one United States Department of Agriculture Commodity Credit
Corporation representative
, who shall serve as a nonvoting member of
the board and is not a member for purposes of establishing a quorum
;
(C) - (F)
(No change.)
(G)
one consumer representative; [
(H)
one higher education representative with expertise in marketing
and promotion
;
[
(I)
one representative from the Internet website
or electronic commerce industry; and
(J)
one representative with demonstrated expertise
in economic analysis.
(2) - (6)
(No change.)
§17.308.Use of Funds.
(a) - (b)
(No change.)
(c)
The department may use funds received under this subchapter
in an amount not to exceed $5,000 in a state fiscal year for the purchase
of food and beverage refreshments at "GO TEXAN" promotional events.
[
(d)
(No change.)
(e)
Projects funded shall meet all state
purchasing and
bidding requirements.
(f)
80%
[
(g)
Upon the completion or cancellation of a project, the department
will refund to the successful applicant the applicant's share of any unexpended
funds approved and contracted for the project
, minus the 20% portion
of funds allocated to the department's GO TEXAN program
. A refund will
be made after quantification information required by the project contract
has been submitted to the department.
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 9, 2001.
TRD-200103903
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-4075
(4)
] Food--Agricultural products
produced or processed in Texas for human consumption. One hundred percent
fresh beef and processed 100% beef products must comply with the requirements
of §17.58 of this title (relating to GO TEXAN Beef Program).
(5)
] GO TEXAN and Design mark--The
following mark being a certification mark pending final registration approval
with the United States Patent and Trademark Office and also with the Texas
Secretary of State's office by the department. GO TEXAN and Design is a certification
mark of the Texas Department of Agriculture.
(5)
]
(6)
] Horticulture products--Nursery,
floral and greenhouse plants or plant products produced in Texas from seeds,
rootings, cuttings, tissue cultures, seedlings or other propagation materials.
Non-Texas plants being produced for such a period during which they are transplanted
or increased in plant size and volume of container. Texas and non-Texas produced
plant- based horticulture products processed in Texas.
(7)
] Livestock feed, feed supplements
and pet food--agricultural products produced or processed in Texas for animal
consumption.
(8)
] Natural fibers--Fibers which
have been produced from Texas crops or shorn from Texas livestock, and which
are used in textiles, apparel, and other goods. The term "natural fibers"
also includes leather made from the hides of animals and reptiles.
(9)
] Natural woods--Forestry products
produced from Texas hardwood and softwood timber and may include, but not
be limited to, furniture, home furnishings, building construction materials,
pulp and paper.
(10)
] Naturally Texas mark--A
mark bearing the icons (or symbols) representative of leather, wool, mohair,
and cotton and bearing the words "Naturally TEXAS," such mark being a certification
mark registered with the United States Patent and Trademark Office, and also
being registered with the Secretary of State's office by the department.
(10)
]
(11)
] Person--An individual, firm,
partnership, corporation, governmental entity, or association of individuals.
(12)
] Processed food product--Non-Texas
agricultural food product which has undergone a value-added procedure in Texas
to change or add to its physical characteristics, including, but not limited
to, cooking, baking, heating, drying, mixing, grinding, churning, separating,
extracting, cutting, fermenting, distilling, eviscerating, preserving, packaging,
dehydrating, washing, culling or freezing. For purposes of this subchapter,
the department shall have the sole discretion to determine whether a product
qualifies as being a processed food product. One hundred percent fresh beef
and processed 100% beef products must comply with the requirements of 17.58
of this title (relating to GO TEXAN Beef Program).
(13)
] Processed natural fiber
or natural wood product--Non-Texas raw, natural fiber or natural wood which
has undergone mechanical or physical changes in Texas resulting in a finished,
distinct product. For purposes of this subchapter, the department shall have
the sole discretion to determine whether a product qualifies as being a processed
natural fiber and wood product.
(14)
] Produced in Texas--An agricultural
product is produced in Texas if:
(15)
] Producer--Any person who:
(16)
] Texas processed agricultural
product--Non- Texas agricultural product, excluding processed food product
and processed natural wood and natural fiber product, which has undergone
a value added procedure in Texas that changes or adds to its physical characteristics.
For purposes of this subchapter, the department shall have the sole discretion
to determine whether a product qualifies as being a Texas processed agricultural
product.
(17)
] TAP mark--The term "Texas
Agricultural Product" or the following mark embracing the same, such mark
being registered with the Secretary of State's office by the department.
(17)
]
(18)
] Taste of Texas mark--A flag-shaped
mark bearing the words "Taste of Texas," so colored as to model closely the
flag of the State of Texas, such mark being registered with the Secretary
of State's office by the department.
18
]
(19)
] Texas agricultural product--An
agricultural,
apicultural,
horticultural,
silvicultural,
viticultural, or vegetable product, either in its natural or processed
state, that has been produced, processed, or otherwise had value added to
the product in this state, including:
bees
];
honey
];
seafood
];
(E)
] livestock
,
[
or
] a livestock product
, or a livestock by-product
;
(F)
] planting seed; [
or
]
(G)
] poultry
,
[
or
]
a
poultry
product
[
products.
]
, or a poultry by-product; or
(20)
] Texas Grown mark--A vertical
and rectangular mark which features a native Texas mountain laurel branch
in bloom over an outline of the state of Texas with the word "Texas" at the
top and the word "Grown" at the bottom of the rectangle, such mark being registered
with the Secretary of State's office by the department.
20
]
(21)
] Vintage Texas mark--A vertical,
rectangular mark consisting of a cluster of six grapes loosely forming a triangle
and topped by a single grape leaf, all centered in the middle of a five-pointed
star. Coming from behind the top center point of the star is a short curlicue
line representing a grapevine. One horizontal line intersects with the tip
of the center point of the star, and a parallel horizontal line intersects
the two bottom points of the star. The word "VINTAGE" appears above the top
parallel line, and the word "TEXAS" appears below the bottom parallel line,
such mark being registered with the Secretary of State's office by the department.
21
]
a
] "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
[
meet the following requirements
]:
meat(s) shall
] be from
a
lamb or
goat that has been slaughtered in Texas; or
meat(s) shall
] be from
a
lamb or
goat slaughtered and fabricated in Texas;
oysters
] in their raw form or processed form;
and
]
(14)
] Texas processed agricultural
product(s).
who are producers
]shall
remit the required registration fee within 30 days of notification of approval.
[
Pursuant to the Texas Agriculture Code Annotated, §12.0175, applicants,
who are not producers and who meet the requirements of §17.57 of this
title (relating to Associate GO TEXAN Members), shall not be required to pay
a registration fee and may be granted an Associate GO TEXAN membership.
]
(if required)
], the department shall mail to the registrant or licensee a certificate
of registration, which shall expire on August 31 following the year of issuance.
The department shall also enclose copies of the mark, suitable for reproduction.
If the certificate is for less than one full year, registration fees will
be assessed on a pro rata basis.
for producers. Non- producers shall be required to
verify that they remain exempt from payment of registration fees
].
(if required)
],
the department will mail to the registrant a renewal certificate of registration.
media outlets and
] retailers
to use the GO TEXAN and Design mark in their efforts to promote the program,
this section provides that
livestock shows
[
printers
]
and other entities may be certified as associate GO TEXAN members if they
meet requirements of this section.
media entities,
]
retailers,
livestock shows
[
printers
] and other entities
meeting the requirements of the Texas Agriculture Code (the Code), §46.004,
and administrative rules promulgated to implement Chapter 46 of the Code,
interested in assisting the department with the promotion and implementation
of the GO TEXAN program may apply for Associate GO TEXAN membership.
Media.
] A licensee's use of the mark is limited to promotion of the GO TEXAN
program
at livestock shows and festivals in Texas that promote Texas
agricultural products;
[
in print, television and radio mediums
];
Printers.
A licensee's use of the mark is limited to reproduction of the mark for use
by program members on their products;
]
Fees. Applicants shall not pay an
annual fee to enroll in the "Associate GO TEXAN" member program.
]
Subchapter G. GO TEXAN PARTNER PROGRAM RULES
bees
];
honey
];
seafood
];
(E)
] livestock
,
[
or
] a livestock product
, or a livestock by-product
;
(F)
] planting seed; [
or
]
(G)
] poultry
,
[
or
]
a
poultry
product
[
products.
],
or a poultry by- product; or
two
] department
representative
[
representatives
];
and
]
.
]
For the first six months of Fiscal Year 2000, the board shall not approve
project requests in excess of $30,000, including matching funds.
]
85%
]of all funds for each approved
and contracted project shall be expended to promote the specific product(s)
of applicants and
20%
[
15%
] of all funds for each approved
and contracted project shall be expended on the department's GO TEXAN Program.
[
If feasible and practical, the 15% portion of funds for each individual
project request will be expended in a manner that directly or indirectly promotes
the specific product(s) of applicant.
]
Chapter 22.
NURSERY PRODUCTS AND FLORAL ITEMS