Bill Text: TX SB677 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the administration of seed and plant certification in this state by the State Seed and Plant Certification Council and the Texas Crop Improvement Association.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Water, Agriculture, & Rural Affairs [SB677 Detail]
Download: Texas-2021-SB677-Introduced.html
87R720 BEF-F | ||
By: Springer | S.B. No. 677 |
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relating to the administration of seed and plant certification in | ||
this state by the State Seed and Plant Certification Council and the | ||
Texas Crop Improvement Association. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.007, Agriculture Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A person may not: | ||
(1) sell or offer for sale in this state seed or plants | ||
with labeling or packaging accompanying the seed or plants using | ||
the terms "certified seed," "from officially inspected fields," | ||
"state crop improvement agency inspected," "approved seed," | ||
"approved plants," "approved sods," "approved trees," "inspected | ||
fields," "foundation seed," "certified plants," or terms having the | ||
same meaning, unless the seed or plants have been certified by a | ||
seed certifying agency as Foundation, Registered, or Certified seed | ||
or plants; | ||
(2) represent the person to be a registered plant | ||
breeder or approved producer of Foundation, Registered, or | ||
Certified seed or plants unless the person has been registered or | ||
approved by a seed certifying agency; | ||
(3) sell or offer for sale in this state Foundation, | ||
Registered, or Certified seed or plants that are not in compliance | ||
with applicable laws or standards adopted by a seed certifying | ||
agency; or | ||
(4) sell or offer for sale seed or plants represented | ||
to be certified in explicit oral or written statements or by | ||
misleading oral or written statements if the seed or plants have not | ||
been certified or have not been certified as being of the class of | ||
which they are represented by a seed certifying agency. | ||
SECTION 2. Section 62.001, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 62.001. DEFINITIONS. In this chapter: | ||
(1) "Association" means the seed certifying agency | ||
authorized under Section 62.008(a) to certify seed and plants in | ||
this state [ |
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(2) "Certified [ |
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"certified plant" means a seed or plant that has been determined by | ||
a seed or plant certifying agency to meet agency rules and standards | ||
as to genetic purity and identity. | ||
(3) "Council" means the State Seed and Plant | ||
Certification Council. | ||
(4) "Plant" includes plant parts. | ||
SECTION 3. Section 62.002, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 62.002. STATE SEED AND PLANT CERTIFICATION COUNCIL | ||
[ |
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(1) one individual, appointed by The [ |
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from the Department of Soil [ |
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(2) one individual, appointed by the dean of the | ||
College of Agricultural Sciences and Natural Resources, [ |
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Science [ |
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(3) one individual, elected [ |
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of the association [ |
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[ |
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plant producer who is not employed by a public institution; | ||
(4) one individual, elected [ |
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of the association [ |
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Registered, or Certified seed or plants; | ||
(5) one individual, elected [ |
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of the association [ |
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not a producer or seller of Texas Foundation, Registered, or | ||
Certified seed or plants; and | ||
(6) the head of the association [ |
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(b) The members described by Subsections (a)(1), (2), and | ||
(6) serve [ |
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members [ |
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a successor has qualified. Members serve without compensation but | ||
are entitled to reimbursement by the association [ |
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expenses incurred in the performance of their duties. | ||
(c) A member whose employment is terminated with the | ||
association or the university [ |
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member was appointed or who ceases to be engaged in the business or | ||
professional activity that the member was elected [ |
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represent vacates membership on the council [ |
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(d) The council shall elect [ |
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a member of the council [ |
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that capacity at the pleasure of the council [ |
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council [ |
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and secretary. The council [ |
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determined by the chair [ |
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[ |
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SECTION 4. Sections 62.004(a) and (b), Agriculture Code, | ||
are amended to read as follows: | ||
(a) The council [ |
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with federal law, the eligibility of various kinds and varieties of | ||
seed and plants for genetic purity and identity certification and | ||
the procedures for that certification. | ||
(b) The council [ |
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purity and identity, not inconsistent with federal law, for classes | ||
of certified seed and plants for which the council [ |
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determines that standards are desirable. In establishing the | ||
standards, the council [ |
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the quality of seed and plants. | ||
SECTION 5. Section 62.005, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 62.005. APPROVAL [ |
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FOUNDATION, REGISTERED, OR CERTIFIED SEED. (a) A person who wants | ||
to produce a certified class of seed or plant for which the council | ||
[ |
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may apply to the council for approval [ |
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Foundation, Registered, or Certified producer of seed or plants. | ||
To be approved [ |
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council [ |
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(1) the person [ |
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a reputation for honesty; | ||
(2) the person's [ |
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[ |
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for the certification generations desired; and | ||
(3) the person [ |
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[ |
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maintenance of seed or plants for the certification generations the | ||
person wishes to produce [ |
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(b) The council [ |
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governing the production and handling by approved [ |
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producers of certified classes of seed and plants to ensure the | ||
maintenance of genetic purity and identity. | ||
(c) Approval [ |
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or Certified seed or plants is not transferable and is permanent | ||
unless revoked by the council as a result of a violation of | ||
applicable law or standards governing the production and handling | ||
of seed or plants [ |
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[ |
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seed or plants is eligible to produce certified seed or plants, as | ||
applicable [ |
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approved to produce [ |
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lower class of certified seed or plants, as determined by the | ||
council [ |
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(d) An application for approval [ |
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Foundation, Registered, or Certified producer of seed or plants | ||
must be accompanied by a fee, as determined by the council [ |
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SECTION 6. Section 62.006, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 62.006. REGISTRATION OF PLANT BREEDERS. (a) A person | ||
engaging in the development, maintenance, or production of seed or | ||
plants for which standards of genetic purity and identity have been | ||
established by the council [ |
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for registration as a plant breeder. The applicant shall apply on | ||
forms prescribed by the council [ |
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application a registration fee, as determined by the council | ||
[ |
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the council [ |
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plant breeding. The council [ |
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by evidence of accomplishments in the field and may require an oral | ||
or written examination in the subject. | ||
(b) A certificate of registration is not transferable and is | ||
permanent unless revoked by the council as a result of a violation | ||
of applicable law or standards governing the production and | ||
handling of seed or plants [ |
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SECTION 7. Section 62.008, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 62.008. CERTIFICATION OF SEED AND PLANTS. (a) The | ||
Texas Crop Improvement Association is the seed certifying agency | ||
authorized to officially certify seed and plants in this state. The | ||
association shall comply with standards and procedures established | ||
by the council in accordance with the Federal Seed Act (7 U.S.C. | ||
Section 1551 et seq.) to assure the genetic purity and identity of | ||
the seed and plants certified [ |
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(a-1) The association shall perform seed and plant | ||
certification work on a financially self-supporting basis. | ||
(a-2) The association [ |
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sufficient number of inspectors to carry out the inspection | ||
provisions of this chapter. Inspectors must meet qualifications | ||
set by the council [ |
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(b) A person who is approved by the council [ |
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Foundation, Registered, or Certified seed or plant producer or who | ||
is registered as a plant breeder is eligible to have seed or plants | ||
of an eligible class and variety certified by the association | ||
[ |
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registered plant breeder to have seed or plants certified, the | ||
association [ |
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registrant's fields, facilities, and seed or plants. Inspection | ||
may include tests approved by the council [ |
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inspectors under the authority of the association [ |
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(c) After inspection, if the association [ |
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determines that the production of seed or plants has met the | ||
standards and requirements [ |
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[ |
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product a label identifying the seed or plant and the certified | ||
class and including other information required by law or by the | ||
council [ |
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shall prescribe the format of the label. | ||
(d) The association [ |
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for the issuance of a certification label in an amount necessary to | ||
cover the costs of inspection and labels. | ||
SECTION 8. Section 62.009, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 62.009. SEED AND PLANTS FROM OUTSIDE THE STATE. (a) | ||
The council [ |
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testing [ |
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or plants represented to be of a certified class may be shipped into | ||
the state for distribution in the state. The requirements [ |
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adopted shall be designed to ensure buyers in the state of having | ||
available certified seed and plants of known origin, genetic | ||
purity, and identity and shall correspond to appropriate standards | ||
[ |
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(b) The council [ |
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association of seed and plants represented to be of a certified | ||
class and shipped into the state for distribution in the state. The | ||
association [ |
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determined by the council [ |
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may require inspection fee payment before distribution in the | ||
state. | ||
(c) A person may not distribute in this state seed or plants | ||
represented to be of a certified class and shipped into the state | ||
for distribution in the state, unless the person has first complied | ||
with any requirements [ |
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adopted by the council [ |
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the state. | ||
(d) A person may not sell or offer for sale in this state | ||
seed or plants represented to be of a certified class and shipped | ||
into the state for distribution in the state, unless the seed or | ||
plants have been certified by an official certifying agency in the | ||
state, province, or country of origin or have been certified by the | ||
association [ |
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(e) Seed or plants shipped into the state for distribution | ||
in the state which are represented to be of a certified class and | ||
which are found by the association [ |
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to violate the requirements of this section are restricted from | ||
distribution[ |
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(f) The council may recognize a certification issued by a | ||
seed certifying agency in: | ||
(1) another state or territory of the United States; | ||
or | ||
(2) a country, province, or territory not under the | ||
jurisdiction of the United States government. | ||
SECTION 9. Chapter 62, Agriculture Code, is amended by | ||
adding Section 62.0095 to read as follows: | ||
Sec. 62.0095. COOPERATION WITH GOVERNMENTAL ENTITIES. The | ||
council or association may request the department or the United | ||
States Department of Agriculture to investigate or aid in the | ||
investigation of any violation of this chapter. | ||
SECTION 10. Sections 64.005(a) and (b), Agriculture Code, | ||
are amended to read as follows: | ||
(a) The State Seed and Plant Certification Council [ |
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as constituted under Section 62.002 [ |
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arbitration for complaints filed under this chapter. | ||
(b) As a board of arbitration, the State Seed and Plant | ||
Certification Council [ |
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provided by this chapter. The arbitration board may be called into | ||
session by the Texas Crop Improvement Association [ |
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the chair [ |
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Council [ |
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board by the association [ |
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SECTION 11. Section 64.006(f), Agriculture Code, is amended | ||
to read as follows: | ||
(f) In the course of its investigation, the arbitration | ||
board or any of its members may: | ||
(1) examine the purchaser and the seller on all | ||
matters that the arbitration board considers relevant; | ||
(2) grow to production a representative sample of the | ||
seed through the facilities of the Texas Crop Improvement | ||
Association [ |
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association's [ |
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(3) hold informal hearings at the time and place the | ||
chair [ |
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[ |
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SECTION 12. The following provisions of the Agriculture | ||
Code are repealed: | ||
(1) Section 62.0021; | ||
(2) Section 62.0022; | ||
(3) Section 62.0023; | ||
(4) Section 62.0024; | ||
(5) Section 62.0025; | ||
(6) Section 62.0026; | ||
(7) Section 62.0027; | ||
(8) Section 62.004(c); | ||
(9) Section 62.0065; | ||
(10) Section 62.010; | ||
(11) Section 62.011; and | ||
(12) Section 64.005(c). | ||
SECTION 13. On the effective date of this Act: | ||
(1) the State Seed and Plant Board is abolished; | ||
(2) the State Seed and Plant Certification Council and | ||
the Texas Crop Improvement Association shall assume the powers and | ||
duties assigned by Chapters 62 and 64, Agriculture Code, as amended | ||
by this Act; and | ||
(3) the Department of Agriculture and the former State | ||
Seed and Plant Board shall transfer all records of the department's | ||
and board's activities under Chapters 62 and 64, Agriculture Code, | ||
to the State Seed and Plant Certification Council and the Texas Crop | ||
Improvement Association. | ||
SECTION 14. Except for the addition by this Act of Section | ||
61.007(c), Agriculture Code, the changes in law made by this Act may | ||
not be construed to affect Chapter 61, Agriculture Code. | ||
SECTION 15. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect when the offense was committed, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 16. This Act takes effect January 1, 2022. |