CHAPTER 131. BEES AND HONEY - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE A. BEES AND NONLIVESTOCK ANIMAL INDUSTRY

CHAPTER 131. BEES AND HONEY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 131.001. DEFINITIONS. In this chapter:

(1) "Abandoned apiary, equipment, or bees" means an apiary,

equipment, or a colony of bees that is not regularly maintained

or attended in accordance with this chapter or rules or

quarantines adopted under this chapter.

(2) "Apiary" means a place where six or more colonies of bees or

nuclei of bees are kept.

(3) "Beekeeper" means a person who owns, leases, or manages one

or more colonies of bees for pollination or the production of

honey, beeswax, or other by-products, either for personal or

commercial use.

(4) "Bee" means any stage of the common honeybee, Apis mellifera

species.

(5) "Colony" means the hive and its equipment and appurtenances

including bees, comb, honey, pollen, and brood.

(6) "Director" means the director of the Texas Agricultural

Experiment Station.

(7) "Disease" means American foulbrood, European foulbrood, any

other contagious or infectious disease of honeybees, or parasites

or pests that affect bees or brood.

(8) "Equipment" means hives, supers, frames, veils, gloves,

tools, machines, or other devices for the handling and

manipulation of bees, honey, pollen, wax, or hives, including,

storage or transporting containers for pollen, honey, or wax, or

other apiary supplies used in the operation of an apiary or honey

house.

(9) "Inspector" means the chief apiary inspector.

(10) "Label" as a noun, means written or printed material

accompanying a product and furnishing identification or a

description. The term includes material attached to a product or

its immediate container and material inserted in an immediate

container or other packaging of a product.

(11) "Label" as a verb, means to attach or insert a label.

(12) "Nucleus" means a small mass of bees and combs of brood

used in forming a new colony.

(13) "Pollen" means dust-like grains formed in the anthers of

flowering plants in which the male elements or sperm are

produced.

(14) "Pure honey" means the nectar of plants that has been

transformed by, and is the natural product of, bees and that is

in the comb or has been taken from the comb and is packaged in a

liquid, crystallized, or granular form.

(15) "Queen apiary" means an apiary in which queen bees are

reared or kept for sale, barter, or exchange.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept.

1, 1985.

Sec. 131.002. CHIEF APIARY INSPECTOR. (a) The director shall

appoint a person qualified by scientific training or personal

experience as chief apiary inspector to make inspections and

administer this chapter under the direction and control of the

director.

(b) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

7.01(4), eff. Nov. 12, 1991.

(c) The state entomologist shall make an annual report to the

director giving a detailed account of inspection activities,

receipt and use of funds, and compliance actions brought under

this chapter.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept.

1, 1985; Acts 1985, 69th Leg., ch. 479, Sec. 186, eff. Sept. 1,

1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 7.01(4), eff.

Nov. 12, 1991.

Sec. 131.003. CONFLICTS OF INTEREST. (a) A person may not

serve as chief apiary inspector or be an assistant of the

inspector if the person is an officer, employee, or paid

consultant of a trade association in the beekeeping industry.

(b) A person may not serve as chief apiary inspector or be an

assistant of the inspector of the grade 17 or over, including

exempt employees, according to the position classification

schedule under the General Appropriations Act, if the person

cohabits with or is the spouse of an officer, managerial

employee, or paid consultant of a trade association in the

beekeeping industry.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

Sec. 131.004. ASSISTANTS. (a) The chief apiary inspector may

employ assistants and inspectors as necessary, subject to the

approval of the director and governing board of the experiment

station.

(b) The inspector shall provide to his assistants as often as is

necessary information regarding their qualifications under this

chapter and their responsibilities under applicable laws relating

to standards of conduct for state officers or employees.

(c) The inspector shall develop a system of annual performance

evaluations based on measurable job tasks. All merit pay for the

inspector's assistants must be based on the system established

under this subsection.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

Sec. 131.005. ANNUAL REPORTS. (a) The chief apiary inspector

shall make an annual report to the director giving a detailed

account of inspection activities, receipt and use of funds, and

compliance actions brought under this chapter.

(b) The director shall file annually with the governor and the

presiding officer of each house of the legislature a complete and

detailed written report accounting for all funds received and

disbursed by the inspector during the preceding year. The form of

the annual report and the time for reporting shall be provided in

the General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

Sec. 131.006. AUDIT. The financial transactions of the chief

apiary inspector are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 68, eff.

Sept. 1989.

Sec. 131.007. PUBLISHING INFORMATION. (a) The chief apiary

inspector shall publish information on methods and directions for

treating, eradicating, or suppressing infectious diseases of

honeybees, the rules adopted for those purposes, and other

information that the inspector considers of value or necessity to

the beekeeping interests of this state.

(b) The inspector shall prepare information of public interest

describing the functions of the agency and describing the

procedure by which complaints are filed with and resolved by the

inspector. The inspector shall make the information available to

the general public and appropriate state agencies.

(c) The inspector shall adopt rules establishing methods by

which consumers and service recipients can be notified of the

name, mailing address, and telephone number of the inspector's

office for the purpose of directing complaints to the inspector.

The inspector may provide for the notification by including the

information:

(1) on each registration or application form submitted by a

person regulated under this chapter;

(2) on a sign which is prominently displayed in the place of

business of each person regulated under this chapter; or

(3) in a bill for services or goods provided by a person

regulated under this chapter.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

Sec. 131.008. COMPLAINTS. (a) The chief apiary inspector shall

keep an information file about each complaint filed with the

inspector relating to a beekeeper regulated under this chapter.

(b) If a written complaint is filed with the inspector relating

to a beekeeper regulated under this chapter, the inspector shall

notify the parties to the complaint, at least quarterly and until

final disposition of the complaint, of the status of the

complaint, unless notice would jeopardize an undercover

investigation.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

Sec. 131.009. PUBLIC TESTIMONY. The chief apiary inspector

shall develop and implement policies that will provide the public

with a reasonable opportunity to appear before the inspector and

to speak on any issue under the jurisdiction of the inspector.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

Sec. 131.010. FEES. The chief apiary inspector shall make a

reasonable effort to set the fees charged under this chapter at

amounts that will produce enough revenue to approximate 50

percent of the inspector's total budget. In achieving this goal,

the inspector shall balance the revenue needs against the effect

of the fees on the industry.

Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1985.

SUBCHAPTER B. DISEASE CONTROL

Sec. 131.021. POWERS AND DUTIES OF CHIEF APIARY INSPECTOR. (a)

For the purpose of enforcing this chapter, the chief apiary

inspector may:

(1) adopt rules and act as necessary to control, eradicate, or

prevent the introduction, spread, or dissemination of contagious

or infectious diseases of bees;

(2) prohibit the shipment or entry into this state of bees,

honey, combs, pollen, or other items capable of transmitting

diseases of bees from another state, territory, or foreign

country except in accordance with rules adopted by the inspector;

and

(3) seize and order the destruction, treatment, or sale of a

colony of bees, equipment, pollen, or honey that is determined to

be diseased, infectious, abandoned, or in violation of this

chapter or a rule or quarantine adopted under this chapter.

(b) For purposes of this section, apiaries, equipment, or bees

are considered infectious if:

(1) the bees are not hived with movable frames or stored so as

to prevent the possible spread of disease; or

(2) the bees, equipment, or apiary generally comprise a hazard

or threat to disease control in the beekeeping industry.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 2, eff. Sept.

1, 1985.

Sec. 131.022. QUARANTINES. (a) If the chief apiary inspector

determines that the public welfare requires the establishment of

a quarantine, the inspector may:

(1) declare a protective quarantine of a district, county,

precinct, or other defined area in which a disease of bees or a

deleterious exotic species of bees is not known to exist or in

which the disease or exotic species is being eradicated in

accordance with this subchapter; or

(2) declare a restrictive quarantine of a district, county,

precinct, or other defined area in which a disease of bees or a

deleterious exotic species of bees is located.

(b) A person may not move or ship bees, equipment, pollen, or

honey into or out of an area quarantined under this section,

except in accordance with rules adopted by the inspector.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 2, eff. Sept.

1, 1985.

Sec. 131.023. SALE OF QUEEN BEE AND ATTENDANTS, PACKAGE BEES,

AND NUCLEI. A person may not sell or offer for sale a queen bee

and attendant bees, package bees, nuclei, or queen cells in this

state unless the bees are accompanied by:

(1) a copy of a certificate from the chief apiary inspector

certifying that the apiary from which the queen bee was shipped

has been inspected not more than 12 months before the date of

shipment and found apparently free from disease; or

(2) a copy of an affidavit made by the beekeeper stating that:

(A) to his knowledge, the bees are not diseased; and

(B) the honey used in making the candy contained in the queen

cage has been diluted and boiled for at least 30 minutes in a

closed vessel.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 2, eff. Sept.

1, 1985.

Sec. 131.024. SEIZURE OF BEES, EQUIPMENT, POLLEN, OR HONEY. (a)

Bees, equipment, pollen, or honey seized by the chief apiary

inspector under Section 131.021 of this code shall be treated,

destroyed, or sold at public auction.

(b) At least five days before an item seized under Section

131.021 of this code may be treated, destroyed, or sold, the

inspector shall send by certified mail, return receipt requested,

written notice of the proposed disposition of the item to the

last known address of the beekeeper or the owner of the item. The

notice must describe the item, the proposed disposition of the

item, and the reason for the disposition. If the name or address

of the beekeeper or owner of the item is unknown, the inspector

shall:

(1) publish notice of the proposed disposition for at least five

consecutive days in a newspaper of general circulation in the

county where the property was seized; or

(2) post notice of the proposed disposition for at least five

consecutive days in three public places, including the door of

the county courthouse, in the county where the property was

seized.

(c) If the inspector sells bees, equipment, pollen, or honey at

a public auction under this section, the inspector shall return

the proceeds of the sale to the former owner after deducting the

costs of the sale.

(d) The owner of bees, equipment, pollen, or honey treated or

destroyed under this section is liable for the costs of treatment

or destruction, and the inspector may sue to collect those costs.

The inspector shall remit money collected under this subsection

to the comptroller for deposit to the credit of the general

revenue fund.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 2, eff. Sept.

1, 1985; Acts 1997, 75th Leg., ch. 1423, Sec. 2.12, eff. Sept. 1,

1997.

Sec. 131.025. DUTY TO REPORT DISEASED BEES. If a beekeeper

knows that a colony of bees is diseased, the beekeeper shall

immediately report to the chief apiary inspector all facts known

about the diseased bees.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept.

1, 1985.

SUBCHAPTER C. PERMITS AND REGISTRATION

Sec. 131.041. PERMIT FOR IMPORTATION. (a) A person may not

ship or cause to be shipped bees or equipment into this state

unless the person has a permit issued by the chief apiary

inspector authorizing the shipment.

(b) A person may apply for a permit under this section by filing

an application with the inspector before the 10th day preceding

the date of the shipment. An application for a permit must

include:

(1) a complete description of the shipment;

(2) the destination of the shipment;

(3) the approximate date of the shipment;

(4) the names and addresses of the consignor and consignee; and

(5) a certificate of inspection signed by the official apiary

inspector or entomologist of the state, territory, or country

from which the bees are to be shipped.

(c) A certificate of inspection for a permit required by

Subsection (b)(5) of this section must certify that the bees or

equipment are apparently free from disease based on an actual

inspection conducted not more than 12 months before the date of

the shipment. If the bees or equipment are to be shipped into

this state from a state, territory, or country that does not have

an official apiary inspector or entomologist, the person shipping

the bees or equipment may provide other suitable evidence that

the bees and equipment are free from disease.

(d) If a person files an application in accordance with

Subsection (b) of this section and the inspector is satisfied

that the shipment does not pose a threat to disease control in

the beekeeping industry, the inspector shall issue a permit

authorizing the shipment.

(e) This section does not apply to a shipment of live bees in

wire cages without combs or honey.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 3, eff. Sept.

1, 1985.

Sec. 131.042. PERMIT FOR EXPORTATION. (a) A person who ships

bees or equipment from this state to another state, territory, or

country may apply to the chief apiary inspector for a permit

authorizing the shipment. The application must include:

(1) a complete description of the shipment;

(2) the destination of the shipment;

(3) the approximate date of the shipment;

(4) the names and addresses of the consignor and consignee; and

(5) evidence that the shipment is apparently free from a disease

of bees.

(b) The inspector shall accept as evidence that a shipment is

apparently free from disease either:

(1) a certificate of inspection issued under Section 131.044 of

this code; or

(2) an affidavit by the beekeeper or owner of the bees or

equipment stating that to his knowledge, the bees or equipment

are free from disease.

(c) If a person files an application in accordance with

Subsection (a) of this section, and the inspector is satisfied

that the shipment does not pose a threat to disease control in

the beekeeping industry, the inspector shall issue a permit for

the shipment.

(d) The inspector shall charge a fee for each permit issued

under this section. The inspector shall set the fee at an amount

that is reasonable in relation to the costs of administering this

section, but at not less than $50. Additional copies of each

permit issued under this section shall be available from the

inspector for a reasonable fee set by the inspector at not less

than $10.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 3, eff. Sept.

1, 1985.

Sec. 131.043. PERMITS FOR INTRASTATE SHIPMENT. (a) A person

may not ship or cause to be shipped bees or equipment between

counties in this state unless the person has a permit issued by

the chief apiary inspector authorizing the shipment.

(b) A person may apply for a permit under this section by filing

an application for a permit with the inspector before the 10th

day preceding the date of shipment. An application for a permit

must include:

(1) the name, address, and telephone number of the beekeeper;

(2) a complete description of the bees or equipment to be moved;

(3) the number of intercounty movements anticipated;

(4) the destination of each shipment; and

(5) the approximate date or dates of movement.

(c) If a person files an application in accordance with

Subsection (b) of this section and the inspector is satisfied

that the shipment does not pose a threat to disease control in

the beekeeping industry, the inspector shall issue a permit

authorizing the shipment.

(d) The inspector shall charge a fee for each permit issued

under this section. The inspector shall set the fee at an amount

that is reasonable in relation to the costs of administering this

section, but at not less than $25.

(e) An individual who owns not more than 12 colonies of bees is

exempt from the permit fee charged under Subsection (d) of this

section.

(f) A permit issued under this section entitles the permittee to

move the bees or equipment between the designated counties during

the state fiscal year in which the permit was issued.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 3, eff. Sept.

1, 1985.

Sec. 131.044. CERTIFICATE OF INSPECTION. (a) A person who

wants a certificate of inspection for bees, equipment, pollen, or

honey must file a written request for the inspection with the

chief apiary inspector.

(b) On receipt of a request, the inspector shall authorize the

inspection of the bees, equipment, pollen, or honey for the

presence of disease.

(c) If a disease is not found in the bees, equipment, pollen, or

honey, the inspector shall certify in writing that the bees,

equipment, pollen, or honey is apparently free from disease.

(d) The inspector shall charge fees for inspections requested

under this section. The inspector shall set the fees in amounts

that are reasonable in relation to the costs of administering

this section, but at not less than the following amounts:

(1) for each inspection of an apiary or group of apiaries,

except a queen apiary, located within an area of 100 square miles

$ 50

(2) for an inspection of a queen apiary or group of queen

apiaries located within an area of 100 square miles

$200

(3) for each additional inspection of a queen apiary or group of

queen apiaries located within an area of 100 square miles

$ 50.

(e) The beekeeper of diseased bees or equipment shall pay an

additional fee, in a reasonable amount set by the inspector at

not less that $25, for each subsequent inspection that the

inspector determines is necessary to contain, treat, or eradicate

the disease.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 3, eff. Sept.

1, 1985.

Sec. 131.045. APIARY REGISTRATION. (a) The chief apiary

inspector may provide for the periodic registration of all

apiaries in this state.

(b) A registration must include:

(1) the beekeeper's name, address, and telephone number;

(2) the county or counties in which the apiary will be located;

and

(3) the approximate dates that the apiary will be located in

each county.

(c) The inspector may require a beekeeper to submit with the

registration information a map showing the exact location of each

of the beekeeper's apiaries. A map submitted under this section

is a trade secret under Chapter 552, Government Code, and may not

be disclosed.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 3, eff. Sept.

1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept.

1, 1995.

Sec. 131.046. DISPOSITION AND USE OF FEES. (a) Fees collected

under this subchapter shall be deposited in the State Treasury to

the credit of a special fund to be known as the bee disease

control fund to be used only to defray the costs of administering

and enforcing this chapter.

(b) The chief apiary inspector may sue to collect a delinquent

fee under this subchapter.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 3, eff. Sept.

1, 1985.

SUBCHAPTER D. BRANDING AND IDENTIFICATION OF APIARY EQUIPMENT

Sec. 131.061. IDENTIFICATION REQUIRED. A person may not operate

an apiary in this state unless the apiary equipment is:

(1) clearly and indelibly marked with the name and address of

the person; or

(2) branded in accordance with Section 131.064 of this code with

a brand registered to the person by the chief apiary inspector.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 4, eff. Sept.

1, 1985.

Sec. 131.062. BRAND; REGISTRATION. (a) The chief apiary

inspector shall maintain a system of registration of apiary

equipment brands to identify equipment used by a beekeeper in an

apiary.

(b) Each brand shall consist of three numbers separated by

hyphens, with the first number signifying that the brand is a

state-registered brand, the second number identifying the

registrant's county of residence, and the third number

identifying the registrant.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 4, eff. Sept.

1, 1985.

Sec. 131.063. REGISTRATION OF BRAND; FEE. (a) The chief apiary

inspector shall register a brand for each person who applies for

a brand and pays a recording fee. The inspector shall set the fee

at an amount that is reasonable in relation to the costs of

administering this section, but at not less than 50 cents.

(b) The inspector shall remit money collected under this section

to the comptroller for deposit to the credit of the bee disease

control fund.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 4, eff. Sept.

1, 1985; Acts 1997, 75th Leg., ch. 1423, Sec. 2.13, eff. Sept. 1,

1997.

Sec. 131.064. AFFIXING BRAND TO EQUIPMENT. A registrant shall

affix the registered brand to his or her apiary equipment by

burning or pressing the brand, in figures at least three-quarters

of an inch high, into the wood or other material in a manner that

shows the identification of equipment. The registrant shall affix

the brand on one or both ends of the hive. On other equipment,

including a frame, intercover, top, bottom, or plank, the

registrant may affix the brand in any place.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

Sec. 131.065. TRANSFER OF BRAND. (a) A brand may be

transferred only if:

(1) the chief apiary inspector approves the transfer; and

(2) the transferor is selling all of the transferor's bees and

equipment to the person to whom the brand is to be transferred.

(b) If a brand is to be transferred, the seller shall give a

bill of sale for the bees and equipment that shows the seller's

brand.

(c) A person may sell an individual piece of branded equipment,

but the brand is not transferred to the buyer. If the buyer of

the equipment has a brand, the buyer shall affix the buyer's

brand below the brand of the prior owner.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 4, eff. Sept.

1, 1985.

SUBCHAPTER E. LABELING AND SALE OF HONEY

Sec. 131.081. USE OF "HONEY" ON LABEL. A person may not label,

sell, or keep, offer, or expose for sale a product identified on

its label as "honey," "liquid or extracted honey," "strained

honey," or "pure honey" unless the product consists exclusively

of pure honey.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

Sec. 131.082. USE OF BEE, HIVE, OR COMB DESIGN. A person may

not label, sell, or keep, expose, or offer for sale a product

that resembles honey and that has on its label a picture or

drawing of a bee, hive, or comb unless the product consists

exclusively of pure honey.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

Sec. 131.083. SALE OF IMITATION HONEY. A person may not label,

sell, or keep, expose, or offer for sale a product that resembles

honey and is identified on its label as "imitation honey."

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

Sec. 131.084. SALE OF HONEY MIXTURES. (a) A person may not

label, sell, or keep, expose, or offer for sale a product that

consists of honey mixed with another ingredient unless:

(1) the product bears a label with a list of ingredients; and

(2) "honey" appears in the list of ingredients in the same size

type of print as the other ingredients.

(b) A person may not label, sell, or keep, expose, or offer for

sale a product that contains honey mixed with another ingredient

and contains in the product name "honey" in a larger size of type

or print or in a more prominent position than the other words in

the product name.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

SUBCHAPTER F. ENFORCEMENT

Sec. 131.101. ENFORCEMENT AUTHORITY. The chief apiary inspector

is the official responsible for enforcing Subchapters B, C, and D

of this chapter. The Texas Department of Health is the agency

responsible for enforcing Subchapter E of this chapter.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 5, eff. Sept.

1, 1985.

Sec. 131.102. ENTRY POWER. (a) The chief apiary inspector may

enter at a reasonable hour any public or private premises,

including a building, depot, express office, storeroom, vehicle,

or warehouse, in which bees, equipment, pollen, or honey may be

located to determine whether a violation of Subchapter B, C, or D

of this chapter has occurred or is occurring.

(b) The Texas Department of Health may enter at a reasonable

hour any public or private premises, including a building, depot,

express office, storeroom, vehicle, or warehouse, in which bees,

equipment, pollen, or honey may be located to determine whether a

violation of Subchapter E of this chapter has occurred or is

occurring.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 5, eff. Sept.

1, 1985.

Sec. 131.103. STOP-SALE ORDER. If the official or agency

responsible for enforcing a provision of this chapter or a rule

or quarantine adopted under this chapter has reason to believe a

colony of bees, equipment, pollen, or honey is in violation of

the provision, the official or agency may issue a written order

to stop the sale of the bees, equipment, pollen, or honey. When

the official or agency issues a stop-sale order, the official or

agency shall deliver a copy of the order to the person who

possesses the bees, equipment, pollen, or honey. On receipt of

the copy of the order, a person may not sell or transport the

bees, equipment, pollen, or honey until the official or agency

that issued the order determines that the items are in compliance

with this chapter.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

Sec. 131.104. CIVIL ACTIONS. (a) The official or agency

responsible for enforcing a provision of this chapter or a rule

or quarantine adopted under this chapter may sue to enjoin a

violation or threatened violation of the provision and may

maintain other civil actions necessary to enforce this chapter.

(b) On the request of the official or agency suing under this

section, the attorney general or a county or district attorney

shall represent the official or agency in the civil action.

(c) A sheriff or constable shall protect the officers or

employees of the official or agency in the discharge of the

duties given to the official or agency by this chapter.

(d) The official or agency is not required to give bond or other

security in a legal proceeding instituted or defended under this

chapter in a court of this state.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

Sec. 131.105. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Venue for a

civil or criminal prosecution under this chapter is in the county

where the affected group of bees, equipment, pollen, or honey is

located at the time the violation is discovered by or made known

to the official or agency.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.

SUBCHAPTER G. PENALTIES

Sec. 131.121. DISEASE CONTROL. (a) A person commits an offense

if the person:

(1) violates a provision of Section 131.022 or 131.023 of this

code;

(2) fails to report diseased bees in accordance with Section

131.025 of this code;

(3) ships or causes bees or equipment to be shipped into this

state or between counties in this state without the permit

required by Section 131.041 or 131.043 of this chapter;

(4) violates a rule, order, or quarantine of the chief apiary

inspector adopted under this chapter;

(5) prevents or attempts to prevent an inspection of bees,

equipment, pollen, or honey under the direction of the inspector

under this chapter;

(6) prevents or attempts to prevent the discovery or treatment

of diseased bees;

(7) interferes with or attempts to interfere with the inspector

in the discharge of the duties under this chapter;

(8) as the owner or keeper of a diseased colony of bees,

barters, gives away, sells, ships, or moves diseased bees,

equipment, pollen, or honey or exposes other bees to the disease;

(9) exposes honey, pollen, hives, frames, combs, bees, or

appliances known to be diseased in a manner that provides access

to bees; or

(10) sells, offers for sale, barters, gives away, ships, or

distributes honey or pollen taken from a colony of diseased bees.

(b) An offense under this section is a Class C misdemeanor.

(c) All fines collected under this section shall be deposited in

the state treasury.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 6, eff. Sept.

1, 1985.

Sec. 131.122. APIARY EQUIPMENT BRANDS. (a) A person commits an

offense if the person:

(1) violates Section 131.061 of this code; or

(2) alters or attempts to alter a registered apiary equipment

brand without authorization from the chief apiary inspector.

(b) An offense under this section is a Class C misdemeanor.

(c) Each of the following is prima facie evidence of an offense

under this section:

(1) unauthorized possession of equipment on which the brand has

been altered;

(2) possession of branded equipment without a bill of sale or

written proof of ownership; or

(3) use of a registered brand that is not registered to the

person using the brand.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, Sec. 7, eff. Sept.

1, 1985.

Sec. 131.123. LABELING OR SALE OF HONEY. (a) A person commits

an offense if the person violates a provision of Subchapter E of

this chapter.

(b) An offense under this section is a Class B misdemeanor.

Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff.

Sept. 1, 1983.