Texas Agriculture Code 101.003 – License Required
(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.
Terms Used In Texas Agriculture Code 101.003
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(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.