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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 17MARKETING AND PROMOTION
SUBCHAPTER CGO TEXAN CERTIFICATION MARK
RULE §17.60GO TEXAN Restaurant Program

(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 requirements:

  (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 mark.

  (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

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