Sec. 92.004. EXCEPTIONS. (a) This chapter does not apply to:
(1) a sale or delivery of unpacked and unmarked tomatoes by the grower to another person for packing and resale;
(2) a bulk sale of tomatoes by the producer to a packer for grading, packing, processing, or storing;
(3) the conversion of tomatoes by a grower or packer into a tomato by-product;
(4) the sale of unpacked or unmarked tomatoes by a grower or packer to a person who operates a commercial by-product plant and who intends to convert the tomatoes into a by-product for resale; or
(5) a sale of tomatoes in less than commercial quantities.
(b) The department may permit a grower with an entire crop of tomatoes ripe on the vine to personally transport and sell those tomatoes to retail merchants or consumers. If the department determines that a permit granted under this subsection has been abused, the department may cancel the permit.
Acts 1981, 67th Leg., p. 1230, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Structure Texas Statutes