Sec. 62.011. PENALTIES. (a) A person commits an offense if the person:
(1) sells or offers for sale in this state seed or plants with labeling or packaging accompanying the seed or plants using the terms "from officially inspected fields," "state inspected," "approved seed," "approved plants," "approved sods," "approved trees," "inspected fields," "foundation seed," "certified plants," or terms having the same meaning, unless the seed or plants have been certified as Foundation, Registered, or Certified seed or plants;
(2) represents himself or herself to be a registered plant breeder or licensed producer of Foundation, Registered, or Certified seed or plants unless he or she has been registered or licensed under this chapter;
(3) sells or offers for sale in this state Foundation, Registered, or Certified seed or plants that are not in compliance with this chapter or with the rules adopted under this chapter;
(4) sells or offers for sale seed or plants represented to be certified in explicit oral or written statements or by misleading oral or written statements if the seed or plants have not been certified or have not been certified as being of the class of which they are represented;
(5) violates Section 62.007(c) of this code; or
(6) violates Section 62.009(c), (d), or (e) of this code.
(b) An offense under Subsection (a)(1), (a)(2), (a)(5), or (a)(6) of this section is a Class C misdemeanor.
(c) An offense under Subsection (a)(3) or (a)(4) of this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 43, eff. Sept. 1, 1989.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle A - Seed and Fertilizer
Chapter 62 - Seed and Plant Certification
Section 62.002. State Seed and Plant Board
Section 62.0021. Meetings by Telephone Conference Call
Section 62.0022. Board Conflict of Interest
Section 62.0023. Removal of Board Member
Section 62.0024. Standards of Conduct
Section 62.0025. Board Meetings; Administrative Procedure
Section 62.0026. Separation of Responsibilities
Section 62.0027. Board Member Training
Section 62.003. Classes of Certified Seed
Section 62.004. Eligibility for and Standards of Certification
Section 62.005. Licensing of Producers of Foundation, Registered, or Certified Seed
Section 62.006. Registration of Plant Breeders
Section 62.0065. Notice and Analysis of Examination Results
Section 62.008. Certification of Seed and Plants
Section 62.009. Seed and Plants From Outside the State
Section 62.010. Revocation, Modification, or Suspension of Registration or License