The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise. For purposes of this subchapter, the department shall have
the sole discretion to determine whether a product meets the qualifications
defined in this section.
(1) Associate GO TEXAN Registrants--Persons who apply
and are granted limited use of the mark by the department for assistance
in the promotion and implementation of the GO TEXAN program.
(2) Commissioner--Commissioner of Agriculture, Texas
Department of Agriculture.
(3) Department--The Texas Department of Agriculture.
(4) Equine species--A horse, pony, mule or donkey that
was foaled in Texas or has resided in Texas for at least one year.
(5) Fishing--The act or sport of capturing fish.
(6) Food--Agricultural products produced or processed
in Texas for human consumption.
(7) Genetics--The business, engineering, and science
of cloning, creating, harvesting, implanting, manipulating, marketing,
producing, researching, or selling animal eggs, embryos, genes, genetic
characteristics, or semen.
(8) GO TEXAN Certification mark--The GO TEXAN certification
mark is a certification mark that is registered with the United States
Patent and Trademark Office and the Texas Secretary of State's office
by the department.
(9) GO TEXAN Program--Texas Department of Agriculture's
promotion of Texas-made, grown, manufactured or processed products,
as well as services and communities.
(10) GO TEXAN Restaurant Program--A program, as defined
in §17.60 of this title (relating to GO TEXAN Restaurant Program)
established by the department to allow Texas restaurants to participate
in the GO TEXAN marketing program.
(11) Horticulture products--Nursery, floral and greenhouse
plants or plant products produced in Texas from seeds, rootings, cuttings,
tissue cultures, seedlings or other propagation materials. Non-Texas
plants being produced for such a period during which they are transplanted
or increased in plant size and volume of container. Texas and non-Texas
produced plant-based horticulture products processed in Texas.
(12) Hunting--The capturing or harvesting of wildlife.
(13) Livestock feed, feed supplements and pet food--Agricultural
products produced or processed in Texas for animal consumption.
(14) Mobile food establishment--A vehicle mounted food
establishment that is readily moveable that meets the requirements
set forth in 25 TAC Chapter 229, Subchapter K, §229.169 (relating
to Mobile Food Establishments).
(15) Natural fibers--Fibers which have been produced
from Texas crops or shorn from Texas livestock, and which are used
in textiles, apparel, and other goods. The term "natural fibers" also
includes leather made from the hides of animals and reptiles.
(16) Natural woods--Forestry products produced from
Texas hardwood and softwood timber and may include, but not be limited
to, furniture, home furnishings, building construction materials,
pulp and paper.
(17) Other Products--
(A) Any product produced in Texas which is not a Texas
agricultural product, as defined in paragraph (25) of this section,
(i) produced, manufactured, constructed or created
within the state; or
(ii) is processed within the state such that it has
been altered by a mechanical or physical value-added procedure in
Texas to change or add to its physical characteristics; and
(iii) such product enhances the GO TEXAN program;
(B) Products described in subparagraph (A) of this
paragraph which are produced in Texas, but processed outside of Texas
do not meet GO TEXAN program requirements, unless facilities for processing
are not reasonably available in Texas.
(C) For purposes of this subchapter, the department
shall have the sole discretion to determine whether a product qualifies
as being an "other product" or processed other product and shall have
the sole discretion to determine whether a product enhances the GO
(18) Processed food product--Non-Texas agricultural
food product which has undergone a value-added procedure in Texas
to change or add to its physical characteristics, including, but not
limited to, cooking, baking, heating, drying, mixing, grinding, churning,
separating, extracting, cutting, fermenting, distilling, eviscerating,
preserving, or dehydrating.
(19) Processed natural fiber or natural wood product--Non-Texas
raw, natural fiber or natural wood which has undergone mechanical
or physical changes in Texas resulting in a finished, distinct product.
(20) Produced in Texas--An agricultural product is
produced in Texas if:
(A) the agricultural product is grown, raised, nurtured,
sown, or cultivated within the state; or
(B) the agricultural product has been altered by a
mechanical or physical value-added procedure in Texas to change or
add to its physical characteristics.
(C) Products produced in Texas, but processed out of
Texas do not meet GO TEXAN program requirements, unless facilities
for processing are not reasonably available in Texas.
(21) Producer--Any person who:
(A) produces agricultural product(s) grown, raised,
nurtured, sown, or cultivated in the State of Texas;
(B) produces Texas processed agricultural product(s);
(C) produces Texas product(s) that is/are not processed
outside of Texas, unless facilities for processing are not reasonably
available in Texas.
(22) Registrant--A person in good standing with the
department who is authorized to use the GO TEXAN certification mark
for the purpose of verifying their product or service as grown, produced,
manufactured or provided in Texas.
(23) Restaurant--An operation that stores, prepares,
serves, vends, or otherwise provides food for human consumption, such
as a restaurant, satellite or catered feeding location; or mobile
food establishment. Restaurant registrants do not include:
(A) any establishment that offers only prepackaged
(B) a produce stand that only offers whole, uncut fresh
fruits and vegetables;
(C) a food processing plant;
(D) a kitchen in a private home if prepared for sale
or service at a function such as a religious or charitable organization's
bake sale; or
(E) a bed and breakfast.
(24) Texas processed agricultural product--Non-Texas
agricultural product, excluding processed food product and processed
natural wood and natural fiber product, which has undergone a value
added procedure in Texas that changes or adds to its physical characteristics.
(25) Texas agricultural product--An agricultural, apicultural
horticultural, silvicultural, viticultural, or vegetable product,
either in its natural or processed state, that has been produced,
processed, or otherwise had value added to the product in this state,
(A) equine species;
(B) feed for use by livestock or poultry;
(C) fish or other aquatic species;
(D) livestock, a livestock product, or a livestock
(E) planting seed;
(F) poultry, a poultry product, or a poultry by-product;
(G) wildlife processed for food or by-products.
|Source Note: The provisions of this §17.51 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective September 7, 1998, 23 TexReg 9016; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective July 20, 2000, 25 TexReg 6699; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective February 5, 2004, 29 TexReg 937; amended to beeffective January 9, 2008, 33 TexReg 76; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292