Tex. Agric. Code § 18.010

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 18.010 - Stop-Sale Order

(a) If an organic agricultural product is being sold or distributed in violation of this subchapter or a rule adopted under this subchapter, the department may issue a written order to stop the sale or distribution of the product by a person in control of the product. The product named in the order may not be sold or distributed while labeled, marketed, advertised, or otherwise represented as "organic" until:

(1) permitted by a court under Subsection (b); or

(2) the department determines that the sale or distribution of the product is in compliance with this subchapter and rules adopted under this subchapter.

(b) A person in control of the product named in the order may bring suit in a court in the county where the product is located. After a hearing, the court may permit the product to be sold if the court finds the product is not being sold in violation of this subchapter or a department rule issued under this subchapter.

(c) This section does not limit the department's right to act under another section of this subchapter.

Tex. Agric. Code § 18.010

Amended by Acts 2003, 78th Leg., ch. 1288, Sec. 10, eff. 6/21/2003.

Amended by Acts 2001, 77th Leg., ch. 52, Sec. 6, eff. 5/7/2001

Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. 9/1/1995

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. 8/30/1993.