Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011 Page: 5,351
5247-5552 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
his knowledge, prior to the acceptance or rejection of the lot repre-
sented will immediately cancel the eligibility of the producer to certify.
(b) Varietal purity grow-out test standard. Maximum objec-
tionable sorghum plants permitted in the following.
Figure: 4 TAC 10.21(b) (No change.)
10.22. Requirements and Standards for Sunflower Varietal Purity
Grow-outs.
(a) All production of female seed parents, pollinating seed par-
ents, and commercial hybrids must be test-planted (variety purity grow-
out test). Such test must be conducted under the supervision of the Seed
Quality Program, as the enforcement agency. The required tests must
consist of not less than 1/10 acre of not less than 2,000 plants in one
location. It will be the responsibility of the seed producer to notify his
or her area Regional Office in the area where the seed is stored when
the lot of seed is ready to be sampled. Samples must be drawn as di-
rected by the department. One pound of seed will be required for each
1/10 acre test. The test will be inspected during the bloom stage by
approved inspectors of the department.
(b) A sample considered to be on the borderline between ac-
ceptance and rejection or a sample rejected by the department may be
inspected by an advisory committee annually appointed by the State
Seed and Plant Board. The committee will consist of two approved
seed certification inspectors from the department, two Texas certified
seed growers, and one member of the Texas Agricultural Experiment
Station. The committee will advise the Seed Quality Program of their
recommendations. The seed producer will have the privilege of having
at least a 2/5 acre plot (of a lot rejected in the grow-out test) planted
for reconsideration by the department and the advisory committee. The
same controls will apply to larger plots that are applicable to the 1/10
acre tests.
(c) A fee of $120 for each sample grown for reconsideration
must be paid to the Texas Department of Agriculture, and the travel
and per diem expenses of department personnel necessary to sample,
plant, and inspect the larger plot must be paid by the seed producer.
(d) Removal of any plants from any of the aforementioned
grow-out tests at any time by the seed producer or by anyone else with
his or her knowledge prior to the acceptance or rejection of the lot repre-
sented will immediately cancel the eligibility of the producer to certify.
(e) Varietal purity grow-out test standard.
Figure: 4 TAC 10.22(e) (No change.)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on August 11, 2011.
TRD-201103085
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2011
Proposal publication date: July 1, 2011
For further information, please call: (512) 463-4075
CHAPTER 12. WEIGHTS AND MEASURES
The Texas Department of Agriculture (the department) adopts
amendments to 12.12, 12.30, 12.43, 12.53, 12.60, and 12.73
concerning fees for registration of weights and measures de-
vices; fees for tolerance testing of a weight or measure by thedepartment's metrology laboratory; license fees for license ser-
vice companies, license inspection companies, and registered
technicians; and certificate of authority fee for public weighers.
These amendments are adopted without changes to the pro-
posal published in the July 1, 2011, issue of the Texas Register
(36 TexReg 4027) and are necessary to comply with changes
made to the weights and measures program by the 82nd Texas
Legislature. The Legislature has required that all of the costs of
administering this program be entirely offset by revenue gener-
ated for the program and has authorized the agency to collect
fees accordingly. In order to meet this Legislative mandate, the
department has first reviewed programs for cost savings and ef-
ficiencies, then restructured programs, as needed, to provide the
best service possible at a reasonable cost to the regulated indus-
try. The adopted amendments to 12.12, 12.30, 12.43, 12.53,
12.60, and 12.73 increase weights and measures fees by an av-
erage of 26% so that the program may continue, under the cost
recovery requirement imposed by the 82nd Legislature.
The amendments to 12.12 increase the fees for liquid measur-
ing devices with a maximum flow rate of 20 gallons per minute or
less and dispensing one product per nozzle from $8.50 to $9; for
liquid measuring devices with a maximum flow rate of 20 gallons
per minute or less and dispensing multiple products per nozzle
from $25 to $26.50; for liquid measuring devices with a maxi-
mum flow rate greater than 20 gallons per minute from $30 to
$45; for LPG meters from $30 to $40; for scales with a capacity
less than 5,000 pounds from $15 to $20. The amendments to
12.12 combine non-truck and non-livestock scales with a ca-
pacity of 5,000 pounds and greater to specify the increase in
device registration fees from $120 to $150. The amendments
to 12.12 provide a means to classify truck scales and livestock
scales with a capacity of 5,000 pounds or greater and specify the
device registration fees of $215. In addition, as a means of pro-
viding increased information to consumers about the registration
requirements for and inspections conducted at a location, the de-
partment is initiating, in a separate submission, requirements for
a consumer information sticker that will direct consumers to the
most accurate information on the device and that must be placed
on each weighing or measuring device used in commercial trans-
actions. A new consumer information sticker replacement fee of
$8 per page has been added to 12.12, and the title of the sec-
tion changed accordingly. Other nonsubstantive changes have
been made to 12.12.
The amendment to 12.30 increases the Precision Test fee up
to and including 3 kilograms from $40 to $70; more than 3 kilo-
grams, up to and including 30 kilograms from $80 to $110; more
than 30 kilograms from $100 to $140; increases the Tolerance
Test fee of weights less than 10 pounds from $10 to $20; 10
pounds or more but less than 500 pounds from $20 to $30; 500
pounds or more but less than 2500 pounds from $40 to $60;
2,500 pounds or more from $80 to $110; adds a new Weight Ad-
justment fee for less than 10 pounds: $5; 10 pounds or more
but less than 100 pounds: $5; 100 pounds up to and including
1,000 pounds: $10; greater than 1,000 pounds: $20; increases
the fee for Volume Measures, 5 gallons or less from $40 to $55;
more than 5 gallons from $40 to $65 plus $1 for each gallon over
5 gallons; LPG provers holding 25 gallons or less from $100 to
$150; LPG provers holding over 25 gallons from $250 to $325;
adds a new Prover Neck Calibration fee: $50.
Section 12.43 increases the license service company fee from
$90 to $100; 12.53 increases the license inspection company
fee from $90 to $100; 12.60 increases the registered technicianADOPTED RULES August 26, 2011
36 TexReg 5351
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011, periodical, August 26, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth190845/m1/100/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.