CHAPTER 141. COMMERCIAL FEED - Texas Statutes

AGRICULTURE CODE

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

SUBTITLE B. LIVESTOCK

CHAPTER 141. COMMERCIAL FEED

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 141.001. DEFINITIONS. In this chapter:

(1) "Animal" means an animate being that is not human and has

the power of voluntary action.

(2) "Board" means the board of regents of The Texas A&M

University System.

(3) "Broker" means a person who is employed on a commission

basis to sell property for another person. The term does not

include a person who:

(A) has possession or absolute control over the property that is

to be sold;

(B) receives a salary; or

(C) acts for one party to the exclusion of all others.

(4) "Bulk" means any lot of commercial feed that is not in a

closed container at the time it passes to the possession of the

consumer and includes that feed at any stage of distribution.

(5) "Container" means a bag, box, barrel, bottle, package,

carton, object, apparatus, device, or appliance in which

commercial feed is packed, stored, or placed for handling,

transporting, or distributing.

(6) "Cotton plant by-products" means the residue from the

ginning of cotton.

(7) "Customer-formula feed" means a mixture of commercial feed

or feed material all or part of which is furnished by the person

who processes, mixes, mills, or otherwise prepares the mixture

and which is mixed according to the specific instructions of the

purchaser. The term includes a special formula feed or a

made-to-order feed.

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

Experiment Station.

(9) "Distribute" means sell, offer for sale, barter, exchange,

or otherwise supply.

(10) "Feed facility" means a site where feed, a component of

feed, or feed ingredients are mixed, custom blended, ground,

unground, manufactured, milled, bagged, salvaged, or processed.

(11) "Ingredient" means a constituent material of commercial

feed.

(12) "Label" means a display of written, printed, or graphic

matter on or affixed to or wrapped with a container or on an

invoice or delivery slip.

(13) "Licensee" means a person who obtains a license to operate

a feed facility under this chapter.

(14) "Official sample" means a sample of feed taken by the

service and designated as official by the service.

(15) "Product" means the name of the commercial feed that

identifies it as to kind, class, or specific use and includes the

brand, term, trademark, or other specific designation under which

commercial feed is distributed in this state.

(16) "Purchaser" means a person who buys or otherwise acquires a

commercial feed, customer-formula feed, or custom-mix or

custom-mill service.

(17) "Service" means the Texas Feed and Fertilizer Control

Service.

(18) "Ton" means a net weight of 2,000 pounds avoirdupois or

1,000 kilograms metric.

(19) "Weight" means net weight of a container of commercial feed

expressed in either the avoirdupois or metric system.

Acts 1981, 67th Leg., p. 1323, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1858, ch. 349, art. 2,

Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 107, Sec.

1, eff. May 17, 1985; Acts 1995, 74th Leg., ch. 314, Sec. 1, eff.

Jan. 1, 1996.

Sec. 141.002. COMMERCIAL FEED. (a) Except as otherwise

provided by this section, a material is a commercial feed subject

to this chapter if it is a simple, mixed, compounded, ground,

unground, organic, or inorganic material used as a feed for an

animal, including a vitamin, mineral, antibiotic, antioxidant,

medicine, drug, chemical, or other material used as an ingredient

or component of a mixture of materials used as a feed for an

animal.

(b) Except as specifically provided by this chapter, a

customer-formula feed is a commercial feed subject to this

chapter.

(c) The following are not commercial feeds subject to this

chapter:

(1) unground hay not containing toxins or chemical adulterants;

(2) whole grain or whole seed not containing toxins or chemical

adulterants;

(3) unadulterated cotton plant by-products or any unadulterated

hulls;

(4) a feed product produced and sold by a farmer;

(5) a feed mixed and used by a person who contracts with the

owner of animals to care for and feed the animals;

(6) an individual mineral substance not mixed with another

material;

(7) a material furnished by a purchaser for use in a

customer-formula feed that was produced by the purchaser or

acquired by the purchaser from a source other than the person

whose services are engaged in the milling, mixing, or processing

of a customer-formula feed; or

(8) a feed or feed ingredient handled by a broker.

(d) Regardless of whether a claim is made as to the

prophylactic, therapeutic, or other purpose of the material, a

mineral, vitamin, antibiotic, antioxidant, medicine, drug, or

other material may be added to a commercial feed only if and in

the manner authorized by the rules of the service. If a guarantee

or claim is made for the material, the material is subject to

inspection and analysis in accordance with the rules of the

service.

(e) Whole seed and whole grain offered for retail sale for

wildlife feed are commercial feeds subject to this chapter.

Acts 1981, 67th Leg., p. 1324, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1860, ch. 394, art. 2,

Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 107, Sec.

2, eff. May 17, 1985; Acts 1995, 74th Leg., ch. 314, Sec. 2, eff.

Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1274, Sec. 1, eff. Sept.

1, 1999.

Sec. 141.003. ADMINISTRATION. (a) The Texas Feed and

Fertilizer Control Service is under the direction of the director

of the Texas Agricultural Experiment Station, who is responsible

for exercising the powers and performing the duties assigned to

the service by this chapter.

(b) The service may employ personnel necessary to perform its

duties.

(c) The director may appoint a state chemist whose

responsibilities may include the making of chemical analyses and

tests required by this chapter.

Acts 1981, 67th Leg., p. 1324, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1861, ch. 349, art. 2,

Sec. 3, eff. Sept. 1, 1983.

Sec. 141.004. RULES; MINIMUM STANDARDS. Following notice and

public hearing, the service may adopt rules as necessary for the

enforcement of this chapter, including rules defining and

establishing minimum standards for commercial feed. To the extent

practicable, rules that define and establish minimum standards

for commercial feed must be in harmony with the official

standards of the Association of American Feed Control Officials.

Acts 1981, 67th Leg., p. 1324, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1861, ch. 349, art. 2,

Sec. 3, eff. Sept. 1, 1983.

Sec. 141.005. PUBLICATIONS. (a) At least annually, the service

shall publish:

(1) information concerning the sales of commercial feeds,

together with data on commercial feed production and use as the

service considers advisable;

(2) the results of the analyses of official samples of

commercial feed distributed in this state as compared to the

analyses guaranteed in the registration and on the label; and

(3) a financial statement showing the receipt and expenditure of

funds by the service under this chapter.

(b) The service may publish other information relating to feed

as the service considers necessary or desirable to the public

interest. The service shall prescribe the form of publications

under this section.

(c) A publication under this section may not disclose the scope

of operations of any person.

Acts 1981, 67th Leg., p. 1325, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1861, ch. 349, art. 2,

Sec. 3, eff. Sept. 1, 1983.

Sec. 141.006. CUSTOM PROCESSING. This chapter does not apply to

the mixing, milling, or processing of a material produced by a

purchaser of commercial feed or acquired by the purchaser from a

source other than the person who mixes, mills, or processes the

material.

Acts 1981, 67th Leg., p. 1325, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 141.007. AFLATOXIN CONTROL. The service shall establish by

rule aflatoxin contamination levels considered safe for whole

seed and whole grain offered for retail sale for wildlife feed.

Added by Acts 1999, 76th Leg., ch. 1274, Sec. 2, eff. Sept. 1,

1999.

SUBCHAPTER B. LICENSE

Sec. 141.021. LICENSE REQUIRED. (a) A person may not

manufacture or distribute commercial feed in this state without a

valid current license issued by the service for each feed

facility that manufactures or distributes commercial feed. A

person making only retail sales of commercial feed bearing the

label of a licensed manufacturer, guarantor, or distributor is

not required to obtain a license.

(b) An application for a license shall be submitted on a form

prescribed and provided by the service and accompanied by a

license fee not to exceed $75 for each facility, as provided by

department rule.

(c) A licensee or license applicant shall provide the service

copies of labels and labeling and other information that the

service by rule requires.

(d) A person applying for a license after the 30th day following

receipt of notice to obtain a license and a licensee applying

late for a license renewal shall pay a $75 late fee in addition

to the license fee.

Acts 1981, 67th Leg., p. 1325, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1862, ch. 349, art. 2,

Sec. 4, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

4, eff. Jan. 1, 1996.

Sec. 141.023. TERM OF LICENSE. A license issued under this

chapter is permanent unless:

(1) the service revokes, suspends, annuls, or amends the

license;

(2) the licensee withdraws or cancels the license;

(3) the licensee's report to the service indicates no activity

for one year; or

(4) the service requires a new license.

Acts 1981, 67th Leg., p. 1326, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1862, ch. 349, art. 2,

Sec. 4, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

5, eff. Jan. 1, 1996.

Sec. 141.025. REFUSAL OR REVOCATION OF LICENSE. Following

notice and a hearing, the service may revoke, suspend, annul, or

amend an existing license or may refuse to issue a license if it

finds that the licensee or applicant has:

(1) been convicted of a crime for which a license may be

revoked, suspended, annulled, amended, or refused under Chapter

53, Occupations Code;

(2) refused or after notice failed to comply with this chapter

and rules adopted under this chapter; or

(3) used fraudulent or deceptive practices in attempting evasion

of this chapter or a rule adopted under this chapter.

Added by Acts 1983, 68th Leg., p. 1862, ch. 349, art. 2, Sec. 4,

eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec. 6, eff.

Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1420, Sec.

14.723, eff. Sept. 1, 2001.

SUBCHAPTER C. LABELING

Sec. 141.051. LABELING OF COMMERCIAL FEED. (a) Except as

provided by Subsection (d) of this section, each container of

commercial feed distributed in this state, other than

customer-formula feed, must have a label with the following

information:

(1) the name and principal address of the person responsible for

manufacture and distribution;

(2) the brand or name under which the feed is to be distributed;

(3) the quantity of the feed in the container, in either net

weight, net volume contents, or net fluid content according to

rules adopted by the service;

(4) the guaranteed analysis of nutrients in the feed, listing a

maximum or minimum quantity determinable by laboratory methods of

protein, fat, fiber, and other components of commercial feed;

(5) the common or usual name of each ingredient used in the

feed;

(6) the name and percentage of any hulls, shells, screenings,

straw, stalks, corncobs, or other low grade feeding materials or

fillers in the feed, if any;

(7) an appropriate warning statement and directions for use

relating to each medicine, drug, mineral, vitamin, antibiotic, or

antioxidant in the feed; and

(8) other information that the service may by rule require.

(b) The manufacturer or other person distributing the feed shall

affix the label required by this section to the outside of the

container or cause it to be printed on the side of the container

in the manner prescribed by the service. The information must be

grouped together and plainly printed in English in the size of

type prescribed by the service.

(c) If the labeling information is shown on the container rather

than printed on the label, the information must be plainly

printed in a conspicuous place in the size of type prescribed by

the service.

(d) A person distributing in this state commercial feed in a

container that holds an amount exceeding 110 pounds dry weight or

55 gallons liquid need not label the container in accordance with

this section, but shall furnish the purchaser with a statement of

the information in accordance with Section 141.052 of this

chapter.

Acts 1981, 67th Leg., p. 1326, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1865, ch. 349, art. 2,

Sec. 5, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

7, eff. Jan. 1, 1996.

Sec. 141.052. LABELING OF BULK COMMERCIAL FEED. At the time of

delivery of bulk commercial feed distributed in this state, other

than customer-formula feed, the manufacturer or other person

distributing the feed shall furnish the purchaser with a written

or printed statement showing the information required by Section

141.051(a) of this code.

Acts 1981, 67th Leg., p. 1326, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1865, ch. 349, art. 2,

Sec. 5, eff. Sept. 1, 1983.

Sec. 141.053. LABELING OF CUSTOMER-FORMULA FEED. (a) Except as

provided by Subsection (b) of this section, a person distributing

customer-formula feed in this state shall furnish to the

purchaser at the time of delivery a label showing:

(1) the name and address of the mixer, miller, or processor;

(2) the name and address of the purchaser;

(3) the date of sale;

(4) the name or brand and the number of pounds of each

registered commercial feed used in the mixture; and

(5) the name and number of pounds of each other ingredient added

to the mixture, including any ingredient supplied by the

purchaser.

(b) If all ingredients for a customer-formula feed are furnished

by the mixer, miller, or processor, the service may permit a

customer-formula feed to be identified by means of an identifying

name, number, or similar designation rather than by listing the

ingredients under Subsections (a)(4) and (a)(5) of this section.

The service may adopt rules and prescribe forms for

identification of a customer-formula feed under this subsection.

Acts 1981, 67th Leg., p. 1327, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg. p. 1865, ch. 349, art. 2,

Sec. 5, eff. Sept. 1, 1983.

Sec. 141.054. GENERAL LABEL RESTRICTIONS. Except as authorized

by this chapter or a rule of the service, the label of a

commercial feed may not:

(1) advertise, name, promote or otherwise draw attention to one

or more components or ingredients in the product unless the

percentage and common name of the component or ingredient is

clearly and prominently declared;

(2) contain the name of another manufacturer or person or a

product of another manufacturer or person; or

(3) contain a false, deceptive, or misleading statement.

Acts 1981, 67th Leg., p. 1327, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1865, ch. 349, art. 2,

Sec. 5, eff. Sept. 1, 1983.

Sec. 141.055. REQUEST FOR LABEL REVIEW. (a) The service shall:

(1) by rule adopt procedures that allow a licensee to submit a

product label to the service for review;

(2) review each product label submitted by a licensee to

determine compliance with the labeling requirements of this

subchapter;

(3) make a detailed report to the licensee regarding changes to

the label required for compliance with the service's rules; and

(4) provide the licensee with the advice that the service

considers necessary to enable the licensee to comply with the

service's labeling rules.

(b) The service may not charge a fee for a review, a report, or

advice under this section.

Added by Acts 1995, 74th Leg., ch. 314, Sec. 8, eff. Jan. 1,

1996.

SUBCHAPTER D. INSPECTION FEE

Sec. 141.071. INSPECTION FEE. (a) For each state fiscal year,

a person who manufactures or distributes commercial feed or a

component of commercial feed in this state, including a person

who mixes, mills, or processes customer-formula feed, shall pay

to the service an inspection fee prescribed by this section.

(b) Except as otherwise provided by this section, the inspection

fee is 15 cents per ton of commercial feed. With the approval of

the board, the director may reduce or increase the inspection in

increments of 1 cent up to a maximum of 2 cents per fiscal year,

except that the board and director shall reduce the inspection

fee by 1 cent increments when the balance of the Texas feed

control fund exceeds one-half the projected operating expenses of

the service for the next fiscal year.

(c) A person distributing in this state a commercial feed

product packaged in individual containers of five pounds or less

shall pay, for each distinct commercial feed product so

distributed, a flat rate inspection fee of $50 for each fiscal

year or part of a fiscal year in which the distribution is made.

(d) A licensee paying an inspection fee under Subsection (b) of

this section shall pay in advance a minimum annual inspection fee

of $100 per fiscal year. All advance inspection fees collected

under this section shall be credited towards the first tonnage

inspection fee owed by the licensee accruing in that fiscal year.

(e) A person is not required to pay an inspection fee on a

portion of a customer-formula feed that is produced by the

purchaser or acquired by the purchaser from a source other than

the person who mixes, mills, or processes the mixture.

(f) The service by rule may provide that a person is not

required to pay an inspection fee on commercial feed that the

person manufactures or distributes solely for investigational,

experimental, or laboratory use by qualified persons, if the

investigation or experiment is conducted in the public interest.

Acts 1981, 67th Leg., p. 1327, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1868, ch. 349, art. 2,

Sec. 6, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

9, eff. Jan. 1, 1996.

Sec. 141.072. QUARTERLY TONNAGE REPORTING AND INSPECTION FEE

PAYMENT. (a) The person responsible for paying the inspection

fee for a feed facility generating $100 or more during a license

year in tonnage fees shall file with the service a quarterly

sworn report either stating that no tonnage of commercial feed

was distributed during the preceding quarter or setting forth the

tonnage of all commercial feed that the feed facility

manufactured or distributed in this state during the preceding

quarter. Each quarterly tonnage report must be accompanied by

payment of the inspection fee due based on the tonnage reported

for that quarter.

(b) The person responsible for paying the inspection fee for a

feed facility producing less than $100 a license year in tonnage

fees shall file with the service an annual sworn report either

stating that no tonnage of commercial feed was distributed during

the preceding license year or stating the tonnage of all

commercial feed the facility manufactured and distributed in this

state during the preceding license year. Each annual tonnage

report must be accompanied by payment of the inspection fee due

based on the tonnage reported for that year.

(c) A quarterly tonnage report and inspection fee payment is due

on or before the 31st day following the last day of November,

February, May, and August for persons reporting quarterly. An

annual tonnage report and inspection fee payment is due on or

before the 31st day following the last day of August for persons

reporting annually.

(d) The service may prescribe and furnish forms as necessary

under this section.

Acts 1981, 67th Leg., p. 1328, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.073 and amended by Acts 1983, 68th

Leg., p. 1868, ch. 349, art. 2, Sec. 6, eff. Sept. 1, 1983.

Amended by Acts 1995, 74th Leg., ch. 314, Sec. 10, eff. Jan. 1,

1996.

Sec. 141.073. PENALTY FOR LATE FILING OR PAYMENT. (a) If a

person paying the inspection fee on the basis of tonnage

reporting does not file a quarterly report or pay the fee before

the 31st day following the last day of a quarter, the person

shall pay a penalty equal to 15 percent of the inspection fee due

or $50, whichever is greater.

(b) The penalty together with any delinquent inspection fee is

due before the 61st day following the last day of the quarter.

The service shall cancel the license of a licensee who fails to

pay the penalty and delinquent inspection fee within that time

period after notice.

Acts 1981, 67th Leg., p. 1328, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.074 and amended by Acts 1983, 68th

Leg., p. 1868, ch. 349, art. 2, Sec. 6, eff. Sept. 1, 1983.

Amended by Acts 1995, 74th Leg., ch. 314, Sec. 11, eff. Jan. 1,

1996.

Sec. 141.074. RECORDS; ADDITIONAL REPORTS; AUDITS. (a) For the

purpose of determining the accurate tonnage of commercial feed

distributed in this state or identify or verify tonnage reports,

the service may require each licensee to maintain records or file

additional reports.

(b) The service is entitled to examine at reasonable times the

records maintained under this section.

(c) Unless otherwise authorized by the service, a licensee shall

preserve and maintain the records under this section in usable

condition for at least two years. The service may require a

licensee to retain the records for a period longer than two years

if the service determines it to be in the public interest.

(d) If a licensee is located outside this state, the licensee

shall maintain records required under this section in this state

or pay all costs incurred in the auditing of the records at

another location. The service shall promptly furnish to the

licensee an itemized statement of any costs incurred in an

out-of-state audit and the licensee shall pay the costs before

the 31st day following the date of the statement.

(e) A record or report maintained or filed under this section is

confidential and not subject to required disclosure under Chapter

552, Government Code.

Acts 1981, 67th Leg., p. 1329, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.075 and amended by Acts 1983, 68th

Leg., p. 1868, ch. 349, art. 2, Sec. 6, eff. Sept. 1, 1983.

Amended by Acts 1995, 74th Leg., ch. 314, Sec. 12, eff. Jan. 1,

1996.

Amended by:

Acts 2005, 79th Leg., Ch.

967, Sec. 1, eff. June 18, 2005.

Sec. 141.075. DISPOSITION AND USE OF FEES. (a) The service

shall deposit fees collected under this subchapter in the same

manner that other local institutional fees of The Texas A & M

University System are collected. The fees shall be set apart as a

special fund known as the Texas feed control fund.

(b) The Texas feed control fund shall be used, with the approval

and consent of the board, for administering this chapter,

including paying the cost of:

(1) equipment and facilities;

(2) inspection, sampling, and analysis;

(3) licensing;

(4) salaries; and

(5) publication of bulletins and reports.

(c) Fees collected under this subchapter that, in the judgment

of the board, are not needed for the administration of this

chapter may be used for research relative to the value of

commercial feed.

Acts 1981, 67th Leg., p. 1329, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.077 and amended by Acts 1983, 68th

Leg., p. 1868, ch. 349, art. 2, Sec. 7, eff. Sept. 1, 1983.

Amended by Acts 1995, 74th Leg., ch. 314, Sec. 13, eff. Jan. 1,

1996.

SUBCHAPTER E. INSPECTION, SAMPLING, AND ANALYSIS

Sec. 141.101. INSPECTION AND SAMPLING; ENTRY POWER. In order to

determine if feed is in compliance with this chapter, the service

is entitled to:

(1) enter during regular business hours and inspect any place of

business, mill, plant building, or vehicle and to open any

container, bin, vat or parcel that is used in the manufacture,

transportation, importation, sale, or storage of commercial feed

or is suspected of containing a commercial feed; and

(2) take samples from feed found during that inspection.

Acts 1981, 67th Leg., p. 1330, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1873, ch. 349, art. 2,

Sec. 7, eff. Sept. 1, 1983.

Sec. 141.102. PROCEDURE FOR SAMPLING AND ANALYSIS. The service

by rule shall prescribe the procedures for sampling and analysis

of commercial feed. The procedures must, to the extent

practicable, be in accordance with the official methods of the

Association of Official Analytical Chemists or other methods that

the service determines authentic by research and investigation.

Acts 1981, 67th Leg., p. 1330, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1873, ch. 349, art. 2,

Sec. 7, eff. Sept. 1, 1983.

Sec. 141.103. IDENTIFICATION OF SAMPLE. (a) Each sample taken

shall be sealed with a label placed on the container of the

sample showing:

(1) the serial number of the sample;

(2) the date on which the sample was taken; and

(3) the signature of the person who took the sample.

(b) Each sample shall be sent to the service. In addition, a

report shall be sent to the service stating:

(1) the name or brand of the commercial feed or material

sampled;

(2) the serial number of the sample;

(3) the manufacturer or guarantor of the lot sampled, if known;

(4) the name of the person in possession of the lot sampled;

(5) the date and place of taking the sample; and

(6) the name of the person who took the sample.

(c) For the purpose of properly identifying a sample with the

lot sampled, the service is entitled to examine and copy any

invoice, transportation record, or other record pertaining to the

lot.

Acts 1981, 67th Leg., p. 1330, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1873, ch. 349, art. 2,

Sec. 7, eff. Sept. 1, 1983.

Sec. 141.104. INDEPENDENT ANALYSIS OF SAMPLE. (a) If the

service finds through chemical analysis or another method that a

commercial feed is in violation of a provision of this chapter,

the service shall notify the manufacturer or other person who

caused the feed to be distributed. The notice must be in writing

and give full details of the service's findings.

(b) A person who receives a notice under this section may

request that the service submit portions of the sample analyzed

to other chemists for independent analysis. After receiving a

request, the service shall submit two portions of the sample

analyzed to two qualified chemists selected by the service. If

requested, the service shall also submit one portion of the

sample to the person requesting independent analysis. A request

under this subsection must be filed with the service before the

16th day following the day on which the notice is given under

Subsection (a) of this section.

(c) Each of the chemists selected by the service shall analyze

the portion of the sample and certify findings to the service

under oath. The findings shall be prepared in duplicate and the

service shall forward one copy of each chemist's findings to the

person who requested the independent analysis.

(d) The three chemical analyses obtained under this section may

be considered in determining whether a violation of this chapter

has occurred.

(e) Except as provided by this subsection, the person requesting

independent analysis shall pay the cost of the analysis. If, as a

result of the independent analysis, the service determines that a

violation has not occurred, the service shall pay the cost of the

analysis.

Acts 1981, 67th Leg., p. 1331, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.105 and amended by Acts 1983, 68th

Leg., p. 1873, ch. 349, art. 2, Sec. 7, eff. Sept. 1, 1983.

SUBCHAPTER F. ENFORCEMENT; REMEDIES

Sec. 141.121. STOP-SALE ORDER. (a) If the service has

reasonable cause to believe that a commercial feed is being

distributed in violation of a provision of this chapter, the

service shall affix to the container of the feed a written notice

containing:

(1) an order to stop the sale of the feed; and

(2) a warning to all persons not to dispose of the feed in any

manner until the service or a court gives permission or until the

stop-sale order expires.

(b) If the service finds that the commercial feed is in

compliance with this chapter, the service shall immediately

remove the stop-sale order.

(c) A stop-sale order expires at the end of the 30th day

following the day on which it was affixed unless, prior to that

time, the service has instituted proceedings under Section

141.122 of this code to condemn the feed.

Acts 1981, 67th Leg., p. 1331, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2,

Sec. 8, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

14, eff. Jan. 1, 1996.

Sec. 141.122. CONDEMNATION OF FEED. (a) If, after examination

and analysis, the service finds that a commercial feed subject to

a stop-sale order is in violation of a provision of this chapter,

the service shall petition the district or county court in whose

jurisdiction the feed is located for an order for the

condemnation and confiscation of the feed. If the court

determines that the feed is in violation of this chapter, the

feed shall be disposed of by sale or destruction in accordance

with the order of the court.

(b) If a condemned commercial feed is sold under Subsection (a)

of this section, the proceeds of the sale, less court costs and

charges, shall be paid into the state treasury.

(c) If the court finds that a violation of this chapter may be

corrected by proper processing or labeling, the court may order

that the feed be delivered to the licensee of the feed for

processing or labeling under the supervision of the service.

Before entering that order, the court shall:

(1) enter the decree;

(2) require that all costs, fees, and expenses be paid; and

(3) require the licensee of the feed to post good and sufficient

bond conditioned on the proper labeling and processing of the

feed.

(d) The licensee of the feed shall pay all costs incurred by the

service in the supervision of labeling or processing under

Subsection (c) of this section. The court shall return the bond

to the licensee when the service notifies the court that the

commercial feed is no longer in violation of this chapter and

that the licensee has paid the expenses of supervision.

Acts 1981, 67th Leg., p. 1332, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2,

Sec. 8, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

15, eff. Jan. 1, 1996.

Sec. 141.123. WARNINGS. If the service determines that a

violation of this chapter is of a minor nature and that the

public interest will be served and protected by the issuance of a

written warning, the service may issue the warning instead of

proceeding to condemn the feed, reporting the violation for

prosecution, or taking other administrative action.

Acts 1981, 67th Leg., p. 1332, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2,

Sec. 8, eff. Sept. 1, 1983.

Sec. 141.124. INJUNCTION. (a) The service may sue in the name

of the director to enjoin a violation of this chapter.

(b) The service may request a prosecuting attorney or the

attorney general to sue to enjoin a violation or threatened

violation of this chapter.

Added by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, Sec. 8,

eff. Sept. 1, 1983.

Sec. 141.125. SUIT TO RECOVER FEES. The service may sue to

recover an inspection fee or a penalty due under Subchapter D of

this chapter. Venue for a suit under this section is in Brazos

County.

Acts 1981, 67th Leg., p. 1332, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Agriculture Code Sec. 141.124 and amended

by Acts 1983, 68th Leg., p. 1876, ch. 349, art. 2, Sec. 8, eff.

Sept. 1, 1983.

Sec. 141.126. PROSECUTIONS. Each district attorney, criminal

district attorney, or county attorney to whom the service reports

a violation of this chapter shall cause appropriate proceedings

to be instituted and prosecuted in the proper court without delay

in the manner provided by law.

Acts 1981, 67th Leg., p. 1332, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.125 and amended by Acts 1983, 68th

Leg., p. 1876, ch. 349, art. 2, Sec. 8, eff. Sept. 1, 1983.

Sec. 141.127. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Except as

provided by Section 141.125 of this code, venue for a civil

action or criminal prosecution under this chapter is in the

county in which the commercial feed is located at the time the

alleged violation is discovered by or made known to the service.

Acts 1981, 67th Leg., p. 1333, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 141.126 and amended by Acts 1983, 68th

Leg., p. 1876, ch. 349, art. 2, Sec. 8, eff. Sept. 1, 1983.

Sec. 141.128. APPEAL OF ADMINISTRATIVE ORDER OR RULING. (a) A

person at interest who is aggrieved by an order or ruling of the

service may appeal the order or ruling in the manner provided for

contested cases by Chapter 2001, Government Code.

(b) An appeal under this section is by trial de novo.

Renumbered from Sec. 141.127 and amended by Acts 1983, 68th Leg.,

p. 1876, ch. 349, art. 2, Sec. 8, eff. Sept. 1, 1983. Amended by

Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.

SUBCHAPTER G. PENALTIES

Sec. 141.141. GENERAL PENALTY. (a) A person commits an offense

if the person violates a provision of this chapter.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1333, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983.

Sec. 141.142. DISTRIBUTION OF CUSTOMER-FORMULA FEED IN VIOLATION

OF CHAPTER. (a) A person commits an offense if the person

engages, conspires to engage, or causes another person to engage

in the preparation, manufacture, or distribution of

customer-formula feed in violation of this chapter.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1333, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983.

Sec. 141.143. DISTRIBUTION OF COMMERCIAL FEED WITHOUT LICENSE,

LABELING, OR PAYMENT OF INSPECTION FEE. (a) A person commits an

offense if the person distributes, conspires to distribute, or

causes another person to distribute commercial feed:

(1) in violation of Subchapter B of this chapter;

(2) that is not labeled in accordance with Subchapter C of this

chapter; or

(3) for which an inspection fee has not been paid in accordance

with Subchapter D of this chapter.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1333, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

16, eff. Jan. 1, 1996.

Sec. 141.144. REFUSAL OF INSPECTION OR SAMPLING. (a) A person

commits an offense if the person refuses, conspires to refuse, or

causes another person to refuse to permit entry, inspection,

sampling, or the examination and copying of invoices or

transportation records under Subchapter E of this chapter.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1333, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983.

Sec. 141.145. REFUSAL TO PAY INSPECTION FEE OR SUBMIT RECORDS.

(a) A person commits an offense if the person refuses, conspires

to refuse, or causes another person to refuse to make records

available, furnish reports, permit the examination of records, or

pay an inspection fee in accordance with Subchapter D of this

chapter.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1333, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983.

Sec. 141.146. DISPOSAL OF FEED SUBJECT TO A STOP-SALE ORDER.

(a) A person commits an offense if the person disposes of feed

subject to a stop-sale order in violation of Section 141.121 of

this code.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1334, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983.

Sec. 141.147. DISTRIBUTION OF MISBRANDED FEED. (a) A person

commits an offense if the person distributes, conspires to

distribute, or causes another person to distribute commercial

feed that:

(1) carries a false or misleading statement on, attached to, or

accompanying the container;

(2) is not labeled in accordance with Subchapter C of this

chapter;

(3) has a label that is false in any particular;

(4) has a container that is made, formed, or filled in a manner

that is misleading;

(5) purports to be or is represented as a commercial feed for

which a definition of identity and a minimum standard have been

prescribed by rule, but does not conform to the definition and

standard; or

(6) makes a false or misleading statement concerning its

agricultural value on the container or in any advertising matter

accompanying or associated with it.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1334, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983.

Sec. 141.148. DISTRIBUTION OF ADULTERATED FEED. (a) A person

commits an offense if the person distributes, conspires to

distribute, or causes another person to distribute commercial

feed:

(1) that is of a composition, quantity, or quality that is below

or is different from that which it is represented to possess by

its label;

(2) that is moldy, sour, heated, or otherwise damaged, because

of which it is injurious to animals;

(3) from which an ingredient has been omitted or extracted in

whole or in part;

(4) that is inferior or is damaged and the inferiority or damage

has been concealed;

(5) to which a substance has been added or with which a

substance has been mixed or packed so as to deceptively increase

its bulk or weight, reduce its quality or strength, or make it

appear better or of greater value than it is;

(6) that contains or bears a poisonous or deleterious substance

that may render it injurious to animals under ordinary conditions

of use;

(7) that contains a low-grade feeding material or filler but is

not labeled in accordance with Section 141.054 of this code;

(8) that consists in whole or in part of a diseased, filthy,

putrid, or decomposed substance, unless the substance has been

rendered harmless by sterilization or other effective process;

(9) that is otherwise unfit for feeding to animals; or

(10) that has been intentionally subjected to radiation, unless

the use of the radiation was in conformity with a regulation or

exemption in effect under 21 U.S.C. Section 348.

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

unless it is shown that the person has previously been convicted

of an offense under this subchapter, in which event it is a Class

B misdemeanor.

Acts 1981, 67th Leg., p. 1334, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1879, ch. 349, art. 2,

Sec. 9, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 314, Sec.

17, eff. Jan. 1, 1996.

Sec. 141.149. RULES; PENALTY. (a) The service shall adopt

rules that conform to but are not more strict than current good

manufacturing practices as established under 21 U.S.C. Section

360b for the use of drugs in the manufacture, processing, and

packaging of commercial feed unless the service determines that

those practices are not appropriate to conditions existing in

this state.

(b) A person commits an offense if the person violates a rule

adopted under Subsection (a). An offense under this section is a

Class C misdemeanor unless it is shown that the person has

previously been convicted of an offense under this subchapter, in

which event it is a Class B misdemeanor.

Added by Acts 1995, 74th Leg., ch. 314, Sec. 18, eff. Jan. 1,

1996.