CHAPTER 95. CITRUS FRUIT COLORING MATTER - Texas Statutes

AGRICULTURE CODE

TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL

PRODUCTS

SUBTITLE C. GRADING, PACKING, AND INSPECTING HORTICULTURAL

PRODUCTS

CHAPTER 95. CITRUS FRUIT COLORING MATTER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 95.001. DEFINITION. In this chapter, "coloring matter"

means a dye, a liquid, a concentrate, a material containing a

dye, or a combination of materials that react to form a dye, that

is used to enhance the color of citrus fruit by the addition of

artificial color to the peel.

Acts 1981, 67th Leg., p. 1247, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.002. APPLICATION. (a) This chapter does not apply to a

process or treatment that merely brings out or accelerates the

natural color of citrus fruit.

(b) This chapter does not apply to citrus fruit other than

citrus grandis, osbeck, commonly known as grapefruit, citrus

sinensis, osbeck, commonly known as oranges, and citrus nobilis

delicios, commonly known as tangerines, that are grown in this

state.

Acts 1981, 67th Leg., p. 1247, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.003. DEPARTMENT TO ADMINISTER. (a) The department

shall administer this chapter and adopt rules necessary for its

enforcement, including rules to assure that citrus fruit that has

been treated with coloring matter does not unreasonably vary in

color from the color of the best ripe fruit of the same variety

generally produced in this state.

(b) The department shall enforce this chapter, and may direct

and supervise the enforcement of this chapter through the

operation of an inspection service organized under Subchapter A,

Chapter 91, of this code.

Acts 1981, 67th Leg., p. 1247, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 3, eff.

Sept. 1, 1993.

SUBCHAPTER B. MANUFACTURE, SALE, OR USE OF COLORING MATTER

Sec. 95.011. CERTIFICATION OF SAFETY. (a) Except as provided

by this section, a person may not use a dye or color in the

manufacture of coloring matter unless it has been certified

harmless and suitable for use in foods by the United States

Department of Agriculture.

(b) The department shall issue a temporary permit allowing the

use of a color or dye for which certification is pending if:

(1) analysis by the department determines that the color or dye

contains antimony, arsenic, barium, lead, copper, mercury, zinc,

other heavy metals, or other substances known to be injurious to

health, only in amounts permitted in certified food colors by the

United States Department of Agriculture; and

(2) the cost of analysis is paid by the person who requests the

temporary permit.

Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.012. LICENSE REQUIRED. A person may not manufacture,

use, or offer for use or sale a coloring matter for citrus fruit

until the coloring matter is approved and the person is granted a

license by the department.

Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.013. ANALYSIS BY DEPARTMENT. (a) A person shall give

the formula and a sample of a coloring matter, together with the

formula of a noncertified dye used in the manufacture of the

coloring matter, to the department before offering to sell the

coloring matter or allowing another person to use, sell, or allow

the use of the coloring matter.

(b) On examination of a formula and analysis of a sample of

coloring matter provided under this section, the department shall

deny a request for a license under Section 95.012 of this code

if:

(1) either the formula or the sample contains an ingredient

prohibited under Section 95.011 of this code or any other

ingredient known to be dangerous to health under the conditions

of its use; or

(2) the sample varies materially from the formula.

(c) A formula provided under this section is confidential

information that may not be disclosed outside the department

except on court order as necessary to enforce this chapter.

Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.014. BOND. (a) A person who obtains a license under

Section 95.012 of this code may not exercise the license until

the person executes a bond in the amount of $5,000 payable to the

governor and conditioned on the coloring matter being free from

an ingredient that is harmful to the quality of citrus fruit or

to health.

(b) A bond shall be cash or a surety bond cosigned by a surety

company that is authorized to do business in this state.

(c) The department shall approve the form of bond.

(d) The aggregate liability on a bond may not exceed $5,000.

(e) A person who has a claim against the bond may bring an

action against the principal and the surety, jointly and

severally. A judgment obtained against either the principal or

surety, or both, shall include costs.

Acts 1981, 67th Leg., p. 1248, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.015. NOTICE OF USE. A person shall notify the

department before using or permitting the use of coloring matter

on citrus fruit. If forms for that purpose are prescribed and

furnished by the department, the notice must be on those forms.

Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.016. STANDARDS FOR USE OF COLORING MATTER. A person may

not apply coloring matter to citrus fruits unless the citrus

fruit meets the applicable maturity standards established by rule

by the department under Section 94.003(a).

Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 290, Sec. 8, eff. June

5, 1995.

Sec. 95.017. LABELING. (a) Citrus fruit that is treated with

coloring matter shall be marked "Color Added" in letters that are

at least three-sixteenths of an inch high.

(b) Subsection (a) of this section is satisfied if no more than

45 percent of a lot of citrus fruit is imperfectly marked.

(c) If citrus fruit that has been treated with coloring matter

is marked with a trademark, name, or brand by a two-line die in

one operation, "Color Added" shall be placed above the trademark,

name, or brand.

(d) A package of citrus fruit that has been treated with

coloring matter that is sold, delivered for transportation, or

transported shall be marked or securely tagged "Color Added" in

letters that are at least three-fourths of an inch high.

(e) The department may adopt rules changing the requirements of

this section in order to conform the practice of this state to

federal standards.

Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.018. VARIATION FROM LICENSED COLORING MATTER. A

licensee or other person may not manufacture or use coloring

matter that contains an ingredient that is prohibited under this

chapter or that varies materially from the formula on file with

the department.

Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER C. INSPECTION

Sec. 95.031. PERIODIC INSPECTION. (a) The department shall

periodically:

(1) inspect citrus fruit that has been or is to be treated with

coloring matter; and

(2) sample coloring matter on the premises of a licensee under

this chapter and analyze the sample.

(b) A person who uses coloring matter on citrus fruit shall

periodically request inspection of the citrus fruit to be

treated.

(c) In order to perform the inspections required under this

section, the department may enter any place within this state

where citrus fruit is prepared or colored under this chapter.

Acts 1981, 67th Leg., p. 1249, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.032. CERTIFICATE OF INSPECTION. (a) After completing a

citrus fruit inspection, the inspector shall issue a certificate

of inspection for all citrus fruit that meets the requirements of

this chapter.

(b) A person may not make or issue a false certificate of

inspection.

(c) A person may not sell, transport, or deliver for

transportation citrus fruit that is not accompanied by a

certificate of inspection.

(d) A certificate of inspection shall be in the form provided by

the department and shall state that all inspection fees under

this chapter have been paid.

Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.033. NONCOMPLYING CITRUS FRUIT. (a) Citrus fruit that

does not pass inspection prior to coloring shall be packed or

otherwise disposed of, in the presence of an inspector, without

being colored.

(b) The inspector may designate a time within usual packing

hours for the disposal of citrus fruit under Subsection (a) of

this section.

Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.034. INSPECTION FEES. The department shall collect a

fee, as provided by department rule, from each person who applies

coloring matter to citrus fruit.

Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.41, eff.

Sept. 1, 1995.

Sec. 95.035. CONDEMNATION OF UNFIT CITRUS FRUIT. (a) Citrus

fruit that has been treated with coloring matter but that on

inspection fails to comply with this chapter or a rule of the

department, or is determined to be otherwise unfit for

consumption, is condemned as a public nuisance and as detrimental

to public health.

(b) The department or the sheriff of the county where the citrus

fruit is located shall seize and destroy condemned citrus fruit.

(c) In lieu of seizure and destruction of condemned citrus

fruit, the department may allow disposition by the owner in

accordance with department rules.

Acts 1981, 67th Leg., p. 1250, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER D. PENALTIES

Sec. 95.041. OFFENSES. A person commits an offense if the

person:

(1) without complying with this chapter, delivers or receives

for transportation, transports, or sells citrus fruit that has

been treated with coloring matter; or

(2) otherwise violates a provision of this chapter or a rule

adopted under this chapter.

Acts 1981, 67th Leg., p. 1251, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 95.042. PENALTY. An offense under Section 95.041 of this

code is a Class B misdemeanor.

Acts 1981, 67th Leg., p. 1251, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 111, eff.

Sept. 1, 1989.