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Tex. Agric. Code § 101.003

LICENSE REQUIRED

Applied in 1 court decision — leading case McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board (2004)

Most recently applied in McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board (July 2004)

Acts 1981, 67th Leg., p. 1252, ch. 388, Sec. 1, eff

(a) Except as otherwise provided by this section, a person may not handle perishable commodities, as owner, agent, or otherwise, without a license or an identification card issued by the department.

(b) This section does not apply to:

(1) a retailer, unless the retailer:

(A) has annual sales of perishable commodities that comprise 50 percent or more of the retailer's total sales; or

(B) employs a buying agent who buys directly from a producer;

(2) a producer who handles or deals exclusively in the producer's own products;

(3) a person shipping less than six standard boxes of citrus fruit in any one separate shipment;

(4) a person who ships a noncommercial shipment of perishable commodities; or

(5) a person who purchases perishable commodities and pays for the perishable commodities in United States currency before or at the time of delivery or taking possession.

(c) A person who purchases perishable commodities without a license, as owner, agent, or otherwise, does not violate this section if the person obtains a license not later than the 30th day after the date the person first purchases perishable commodities.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.