| (a) Registration to use the GO TEXAN certification
mark may be revoked at any time if the mark is misused, as determined
by the department.
(b) Misuse of the GO TEXAN certification mark includes,
but is not limited to:
(1) use of the mark in the selling, advertising, marketing,
packaging, or other commercial handling of a product or service for
which registration to use the mark has not been granted by the department;
(2) use of the mark in the selling, advertising, marketing,
packaging, or other commercial handling of a product which is of a
quality markedly inferior to that representative of similar products
produced in Texas;
(3) use of the mark that would either:
(A) impair or frustrate the department's efforts to
expand or encourage development of the markets for Texas agricultural
and other products; or
(B) fail to enhance the integrity and image of the
GO TEXAN Program, as determined by the department; or
(4) use of the mark in a manner violating any rule
promulgated by the department.
(c) Proceedings for the revocation of registration
to use the GO TEXAN certification mark shall be conducted in the manner
provided for contested cases by the Administrative Procedure Act,
Texas Government Code, Chapter 2001, and Part 1, Chapter 1 of this
title (relating to General Procedures).
(d) A proceeding for revocation of registration to
use the GO TEXAN certification mark shall not preclude the commissioner
from pursuing any other remedies, including, where applicable, the
penal and injunctive remedies provided for by law.
|
| Source Note: The provisions of this §17.56 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 May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective February 5, 2004, 29 TexReg 937; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 12,2023, 48 TexReg 656 |
