4 Tex. Admin. Code § 17.51 - Definitions
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:
(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.
Notes
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