TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 12. WEIGHTS AND MEASURES

The Texas Department of Agriculture (the Department) adopts amendments to Texas Administrative Code, Title 4, Part 1, Chapter 12, Subchapter A, §12.1, relating to definitions, and Subchapter B, §12.13, relating to devices subject to registration and inspection; exemptions. The adoption is made without changes to the text as published in the July 7, 2017, issue of the Texas Register (42 TexReg 3455). The amendments were necessary to align administrative rules with amended §13.002 of the Texas Agriculture Code, enacted during the 85th Texas Legislature.

The adopted rules are amended to designate registration and inspection exemptions only for scales which are exclusively used to weigh food sold for immediate consumption.

The Department provided the proposal to industry contacts, including the Texas Restaurant Association. As well as providing the proposal to industry by email, the Department also discussed the proposal at public industry meetings on several occasions.

No written comments were received on the proposal.

SUBCHAPTER A. GENERAL PROVISIONS

4 TAC §12.1

The amendments are adopted under Texas Agriculture Code (the Code), §13.1002, which provides that certain commercial weighing or measuring devices that are used to weigh food sold for immediate consumption are exempt from registration and inspection requirements, and §13.002, which authorizes the Department to enforce Chapter 13, relating to weighing or measuring devices.

The code affected by the adoption is Chapter 13 of the Texas Agriculture Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 7, 2017.

TRD-201702973

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Effective date: August 27, 2017

Proposal publication date: July 7, 2017

For further information, please call: (512) 463-4075


SUBCHAPTER B. DEVICES

4 TAC §12.13

The amendments are adopted under Texas Agriculture Code (the Code), §13.1002, which provides that certain commercial weighing or measuring devices that are used to weigh food sold for immediate consumption are exempt from registration and inspection requirements, and §13.002, which authorizes the Department to enforce Chapter 13, relating to weighing or measuring devices.

The code affected by the adoption is Chapter 13 of the Texas Agriculture Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 7, 2017.

TRD-201702974

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Effective date: August 27, 2017

Proposal publication date: July 7, 2017

For further information, please call: (512) 463-4075