|(a) Statement of Purpose: The GO TEXAN Restaurant Program
is established to provide a marketing program that adds value to Texas
restaurants and encourages these establishments to purchase products
produced or processed in Texas.
(b) Restaurant Requirements: To be eligible for the
GO TEXAN Restaurant Program, members shall meet and agree to the following
(1) Restaurant members must use product(s) made, grown,
processed or value added in Texas, and whenever possible, should use
products produced by GO TEXAN members. If a restaurant does not purchase
or use product(s) made, grown, processed or value added in Texas,
the restaurant's GO TEXAN membership will be revoked and the restaurant
will not be allowed to participate in the program.
(2) Restaurant must be a food establishment or mobile
food establishment located in Texas permitted and conducting business
in accordance with all federal, state and local laws pertaining to
restaurant or food service operations.
(c) Display of GO TEXAN Restaurant Program Items:
(1) Restaurant members may post their certificate of
registration to give notice that their establishment is an official
GO TEXAN Restaurant member.
(2) Restaurant members shall, whenever possible, display,
advertise and promote product(s) made, grown, processed or value added
in Texas to consumers within the restaurant. Texas Department of Agriculture
will provide a copy of the GO TEXAN certification mark for use in
promotion of the Texas restaurant establishment, upon request.
(d) Application Process:
(1) Application to use the GO TEXAN certification mark
in accordance with this section shall be made in the same manner as
provided in §17.52 of this title (relating to Application for
Registration to Use the GO TEXAN Certification Mark).
(2) Applicants must certify on the application that
all applicable GO TEXAN Restaurant Program requirements are met.
(3) Except as otherwise provided in this section, all
requirements for eligibility in the general GO TEXAN program shall
apply to restaurants registered under this section.
(4) An applicant must submit a GO TEXAN Restaurant
Program application and an annual GO TEXAN membership fee, based on
the benefit tier or sponsorship selected by the restaurant, as set
forth in §17.55 of this title (relating to Registration and Use
of the GO TEXAN Certification Mark), for each restaurant that applicant
would like to be eligible for the GO TEXAN Restaurant Program. GO
TEXAN Restaurant program registrants will be billed registration fees
for all participating locations yearly.
(A) Tier 1 applicants. If an applicant operates multiple
restaurant locations under the same name, the applicant must submit
a GO TEXAN Restaurant Program Member application and pay the annual
GO TEXAN membership fee as set forth in §17.55 of this title
for the first or initial restaurant location, as identified in the
application. Should the applicant choose to enroll additional locations
under the same name, the applicant shall pay an additional $10.00
annual fee for each additional restaurant location that operates under
the same name and that is enrolled in the program.
(B) Tier 2, 3 and sponsor applicants. If an applicant
operates multiple restaurant locations under the same name, applicant
must submit a GO TEXAN restaurant program member application and pay
the annual GO TEXAN membership fee as set forth in §17.55 of
this title for the first restaurant location, as identified in the
application. The applicant may choose to enroll additional locations
under the same name at no additional charge.
(5) For each location application submitted, applicant
must certify that it maintains all necessary food permits, as required
by law. If a restaurant establishment loses its permit or if the permit
is revoked by the applicable licensing agency, the establishment's
GO TEXAN registration is void, no refund will be provided, and the
restaurant must immediately cease use of the GO TEXAN certification
(6) The department may assess and collect additional
fees for participation in special events administered, conducted,
established, organized, provided for, or sponsored by the department,
whether in its own name or in cooperation with others, in connection
with the GO TEXAN Restaurant Program.
|Source Note: The provisions of this §17.60 adopted to be effective January 9, 2008, 33 TexReg 76; amended to be effective March 9, 2010, 35 TexReg 1951; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241