Sec. 61.014. STOP-SALE ORDER. (a) If the department has reason to believe that agricultural or vegetable seed is in violation of any provision of this chapter, the department may issue and enforce a written or printed order to stop the sale of the seed. The department shall present the order to the owner or custodian of the lot of seed. The person who receives the order may not sell the seed until the seed is discharged by a court under Subsection (b) of this section or until the department finds that the seed is in compliance with this chapter.
(b) The owner or custodian of seed prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the seed is found for a judgment as to the justification of the order and for the discharge of the seed in accordance with the findings of the court.
(c) This section does not limit the right of the department to proceed as authorized by another section of this chapter.
Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle A - Seed and Fertilizer
Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed
Section 61.002. Administration; Rules
Section 61.003. Classification of Seeds
Section 61.004. Labeling of Agricultural Seed
Section 61.005. Labeling of Vegetable Seed
Section 61.006. Labeling of Treated Seed
Section 61.007. Certified Seed
Section 61.008. Noxious Weed Content
Section 61.009. Germination and Purity Testing
Section 61.010. Inspection of Seed
Section 61.011. Agricultural Seed Inspection Fee and Permit
Section 61.012. Cancellation or Revocation of Agricultural Seed Permit
Section 61.013. Vegetable Seed License
Section 61.0135. Revocation, Modification, or Suspension of License
Section 61.014. Stop-Sale Order