In addition to the general definitions contained within Title
4, Part 1, Chapter 1, §1.1, 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 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) Equine species--A horse, pony, mule, or donkey
that was foaled in Texas or has resided in Texas for at least one
year.
(3) Food--Agricultural products produced or processed
in Texas for human consumption.
(4) 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. The GO TEXAN certification mark appears as follows:
Attached Graphic
(5) GO TEXAN Program--A Texas Department of Agriculture
initiative promoting Texas-made, grown, manufactured, or processed
products; services; and communities; and supporting Texas-based businesses
and connecting them with customers across the Lone Star State and
around the world.
(6) 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.
(7) Mark--The GO TEXAN certification mark.
(8) 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.
(9) Natural woods--Forestry products produced from
Texas hardwood and softwood timber including, but not be limited to,
furniture, home furnishings, building construction materials, pulp,
and paper.
(10) Other Products--
(A) Any product produced in Texas which is not a Texas
agricultural product, as defined in paragraph (19) of this section,
but is:
(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
TEXAN Program.
(11) 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.
(12) Processed in Texas--A product is processed in
Texas if it has been altered by a mechanical or physical value-added
procedure in Texas to change or add to its physical characteristics.
(13) 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.
(14) 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.
(B) 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.
(15) 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);
or
(C) produces Texas product(s) that is/are not processed
outside of Texas, unless facilities for processing are not reasonably
available in Texas.
(16) 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.
(17) Restaurant--A food establishment, as defined in
Texas Administrative Code, Title 25, Part 1, Chapter 229, Subchapter
K (Texas Department of State Health Services; Texas Food Establishments),
that stores, prepares, packages, serves, vends, or otherwise provides
food for human consumption:
(A) such as a restaurant, retail food store, satellite
or catered feeding location; catering operation if the operation provides
food directly to a consumer or to a conveyance used to transport people;
market; vending location; conveyance used to transport people; institution;
or food bank; and
(B) that relinquishes possession of food to a consumer
directly or indirectly through a delivery service such as home delivery
of grocery orders or restaurant takeout orders or delivery services
that are provided by common carriers. Restaurant registrants do not
include:
(i) any establishment that offers only prepackaged
foods that are not potentially hazardous;
(ii) a produce stand that only offers whole, uncut
fresh fruits and vegetables;
(iii) a food processing plant;
(iv) a kitchen in a private home if only food that
is not potentially hazardous is prepared for sale or service at a
function such as a religious or charitable organization's bake sale
if allowed by law;
(v) an area where food that is prepared as specified
in clause (iv) of this subparagraph is sold or offered for human consumption;
(vi) a bed and breakfast limited facility; or
(vii) a private home that receives catered or home-delivered
food.
(18) Texas agricultural product--An agricultural, apicultural,
horticultural, silvicultural, viticultural, or vegetable or fruit
product, either in its natural or processed state, that has been produced,
processed, or otherwise had value added to the product in this state,
including:
(A) food for human consumption;
(B) equine species;
(C) feed for use by livestock or poultry;
(D) fish or other aquatic species;
(E) livestock, a livestock product, or a livestock
by-product;
(F) planting seed;
(G) poultry, a poultry product, or a poultry by-product;
or
(H) wildlife processed for food or by-products.
(19) 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.
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| 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 be effectiveJanuary 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; amended to be effective February 12, 2023, 48 TexReg 656 |
