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RULE §17.52Application for Registration to Use the GO TEXAN Certification Mark

(a) No person shall use, employ, adopt, or utilize the GO TEXAN certification mark, unless prior application for registration has been made to the department and permission has been granted. In addition to any other fee that may be assessed under this chapter, the department may assess a fee or royalty as described in §17.63 of this title (relating to Licensing of the GO TEXAN Certification Mark) for use of the GO TEXAN certification mark.

(b) Unless permission is otherwise granted by the department, the GO TEXAN certification mark may only be used by registrants in accordance with these rules and guidance which may be prescribed by the department from time to time to certify and promote the following Texas products:

  (1) agricultural products produced in Texas;

  (2) agricultural food products processed in Texas, regardless of origin, and unprocessed agricultural food products grown in Texas. A food service company, excluding restaurants, is not eligible for membership unless it processes a packaged product for resale, in which case, the mark may only be used to promote the specific program-eligible products. Food service companies may not use the mark to promote the approved business or its services in a manner that would mislead consumers to believe it was a GO TEXAN member;

  (3) wine which is produced or processed in Texas, as defined in §17.51 of this chapter (relating to Definitions). Wine meeting this standard, but consisting of less than 75 percent Texas-grown fruit, may not use the GO TEXAN certification mark on the label, bottle or cork. GO TEXAN member wineries may continue to use the mark on their general marketing materials and participate in GO TEXAN promotions;

  (4) Texas-grown nursery, floral, and forestry products;

  (5) leather, textile, or apparel products approved by the department as being:

    (A) composed of 50% or greater natural fibers derived from crops or livestock grown or raised within the State of Texas, the identity of the fibers having been preserved throughout processing so as to be verifiable by satisfactory documentation as having originated in Texas; or

    (B) composed of 50% or greater natural fibers, regardless of where grown or raised, which have been processed into leather, textile, or apparel products within the State of Texas in a manner which substantially changes their form, and, if composed of natural fibers derived from crops or livestock grown or raised outside the State of Texas, the natural fibers must be of a type commercially produced within the State of Texas;

  (6) horticulture product(s);

  (7) meat(s). In order to be certified as "GO TEXAN", meat(s), applicants must meet the following criteria:

    (A) Livestock or exotic animals must have been born, raised, fed, slaughtered and/or fabricated in Texas.

    (B) For purposes of this paragraph, "fabricated" shall be defined as the process of taking a carcass and cutting the carcass into wholesale or retail cuts of meat.

  (8) livestock or poultry feed(s), feed supplement(s) and pet food(s);

  (9) fish, shellfish, or other aquatic species in their raw form or processed form;

  (10) natural fiber(s);

  (11) natural wood(s);

  (12) processed food product(s);

  (13) processed natural fiber and natural wood product(s);

  (14) wildlife processed for food or by-products;

  (15) equine species;

  (16) Texas processed agricultural product(s);

  (17) Texas restaurants as provided for in §17.60 of this title (relating to GO TEXAN Restaurant Program);

  (18) other products produced, manufactured, constructed or created within the state; or processed within the state as described in §17.51 of this title; and

  (19) wildlife services as described in §17.61 of this title (relating to GO TEXAN Wildlife Program).

(c) Applications submitted under this section shall be made in writing on a form prescribed by the department. Application forms shall be submitted to the Texas Department of Agriculture Marketing and International Trade Section at P.O. Box 12076, Austin, Texas 78711. An application may be requested by calling phone (512) 463-7624.

(d) Applications will not be processed without the required registration fee.

(e) Upon approval of the application, the department shall provide the registrant a certificate of registration, which is valid for one year and shall expire on the last day of the month corresponding to the license anniversary date. The department shall also provide copies of the mark, suitable for reproduction, upon request of the registrant.

(f) Other than the authorized use of the mark, no registrant shall use any statement of affiliation or endorsement by the State of Texas or the department in the selling, advertising, marketing, packaging, or other commercial handling of GO TEXAN products and services, or operation of GO TEXAN restaurants.

(g) Registrants shall indemnify and hold harmless the commissioner, the State of Texas, and the department for any claims, losses, or damages arising out of or in connection with that person's advertising, marketing, packaging, manufacture, or other commercial handling of GO TEXAN products and services, or the operation of restaurants.

(h) Any permission under the certificate of registration granted to a registrant to use the mark shall be nonexclusive and nontransferable for the products listed in the application.

(i) Registrants shall do nothing inconsistent with the ownership of the mark in the department, and all use of the mark by any registrant shall inure to the benefit of and be on behalf of the department. Further the registrants shall not have any right, title, or interest in the mark, other than the right to use the mark as authorized in accordance with the certificate of registration. Registrants waive the right to attack the department's ownership, use of and permissions granted by the department associated with the mark.

(j) The nature and quality of the goods sold by registrants in connection with the mark shall conform to any standards which are set by the department. Registrants shall cooperate with the department by permitting reasonable inspection of the registrant's operation and promptly supplying the department with specimens of use of the mark upon request. Registrants shall not use the mark on goods sold or marketed as products from another country or state, or as products from a city or region outside of Texas, unless prior written authorization is received from the department.

(k) Registrants shall comply with all applicable laws and regulations and obtain all appropriate governmental approval pertaining to the selling, advertising, marketing, packaging, manufacturing, or other commercial handling of the products or operation of restaurants covered by the certification of registration.

(l) Registrants shall use the mark only in the form and manner, and with appropriate legends, as prescribed by the department.

(m) Registrant is responsible for strict compliance with current departmental guidance and regulations. Guidance is available on the GO TEXAN website (gotexan.org) and as provided by the department on occasion. Failure to meet all use requirements will result in the suspension or termination of use of the mark and GO TEXAN program license.

(n) The department shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the GO TEXAN certification mark. Failure to bring proceedings does not constitute a waiver of the department's rights and does not preclude all other available legal actions.

(o) The department shall consider in its evaluation of an applicant or registrant any information hat could impair the department's efforts to promote the development of markets for Texas agriculture and other products. This includes whether the product may enhance the integrity and positive image of the program, including, but not limited to, a review of the applicant's criminal background, as authorized by applicable laws and regulations. Failure to promote the GO TEXAN program or compromising the image and integrity of the program will result in the denial or termination of the application or membership.

Source Note: The provisions of this §17.52 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 September 19, 2001, 26 TexReg 7119; amended to be effective February 5, 2004, 29 TexReg 937; amended to beeffective July 7, 2004, 29 TexReg 6256; amended to be effective December 21, 2005, 30 TexReg 8425; amended to be effective July 26, 2006, 31 TexReg 5799; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective October 18, 2009, 34 TexReg 7065; 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

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