Sec. 13.040. STOP-SALE ORDER. (a) If the department has reason to believe that a commodity is being sold or kept, offered, or exposed for sale in violation of this chapter or that a commodity or service is being sold or offered for sale by or through the use of a weighing or measuring device that is in violation of this chapter, the department may issue and enforce a written or printed order to stop the sale of the commodity or service. The department shall present the order to the owner or custodian of the commodity or seller of the service. The person receiving the order may not sell the commodity or provide the service until discharged by a court under Subsection (b) or until the commissioner finds that the commodity or weighing or measuring device is in compliance with this chapter.
(b) The owner or custodian of a commodity or a person selling or offering for sale a service prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the commodity is found or the service is being sold or offered for sale for a judgment as to the justification of the order and for the discharge of the commodity or service in accordance with the findings of the court.
(c) This section does not limit the right of the department to proceed as authorized by other sections of this code.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.13, eff. September 1, 2013.
Structure Texas Statutes
Title 2 - Department of Agriculture
Chapter 13 - Weights and Measures
Subchapter B. Standard Weights and Measures
Section 13.021. Legal Standards
Section 13.022. Standard for Length and Surface
Section 13.023. Standard for Weight
Section 13.024. Standard for Liquid Capacity
Section 13.025. Standard for Solid Capacity
Section 13.027. Standard Net Weight or Count Set by Rule
Section 13.028. Standard Weight per Bushel for Certain Commodities
Section 13.029. Exemption of Weighing or Measuring Devices
Section 13.030. Sale of Commodities by Net Weight
Section 13.031. Sale of Commodities by Proper Measure
Section 13.032. Standard Fill and Quantity Labeling for Commodities in Package Form
Section 13.033. Sale of Milk or Cream in Nonstandard Container
Section 13.034. Sale of Cheese, Meat, or Meat Food Product by Nonstandard Weight
Section 13.035. Price Advertisement; Misrepresentation of Price or Quantity
Section 13.036. False Representation of Commodity Quantity
Section 13.037. Use of Incorrect Weighing or Measuring Device
Section 13.038. Sale of Commodity in Violation of Subchapter
Section 13.039. Testing of Package by Department