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Texas Statutes (Last Updated: January 4, 2014) |
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AGRICULTURE CODE |
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Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS |
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Subtitle D. HANDLING AND MARKETING OF HORTICULTURAL PRODUCTS |
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Chapter 101. HANDLING AND MARKETING OF PERISHABLE COMMODITIES |
Sec. 101.003. LICENSE REQUIRED
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(a) Except as otherwise provided by this section, a person may not handle perishable commodities, as owner, agent, or otherwise, without a license or an identification card issued by the department.
(b) This section does not apply to:
(1) a retailer, unless the retailer:
(A) has annual sales of perishable commodities that comprise 50 percent or more of the retailer's total sales; or
(B) employs a buying agent who buys directly from a producer;
(2) a producer who handles or deals exclusively in the producer's own products;
(3) a person shipping less than six standard boxes of citrus fruit in any one separate shipment;
(4) a person who ships a noncommercial shipment of perishable commodities; or
(5) a person who purchases perishable commodities and pays for the perishable commodities in United States currency before or at the time of delivery or taking possession.
(c) A person who purchases perishable commodities without a license, as owner, agent, or otherwise, does not violate this section if the person obtains a license not later than the 30th day after the date the person first purchases perishable commodities.