By: Lucio S.B. No. 1146
A BILL TO BE ENTITLED
AN ACT
1-1 relating to citrus fruit maturity standards.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 94.002, Agriculture Code, is amended to
1-4 read as follows:
1-5 Sec. 94.002. EXCEPTIONS. Except to the extent specifically
1-6 provided by this chapter, this <This> chapter does not apply to:
1-7 (1) citrus fruit other than citrus grandis, osbeck,
1-8 commonly known as grapefruit, and citrus sinensis, osbeck, commonly
1-9 known as oranges;
1-10 (2) a sale of citrus fruit "on the trees";
1-11 (3) grapefruit <citrus fruit> that is shipped
1-12 <accepted for transportation or is being transported by a common
1-13 carrier> after December 1 of a year <15> and before August
1-14 <September> 1 of the following <a> year; <or>
1-15 (4) early or midseason oranges that are shipped after
1-16 November 1 of a year and before August 1 of the following year; or
1-17 (5) transportation of citrus fruit from a grove to a
1-18 packing house located in this state.
1-19 SECTION 2. Subsection (a), Section 94.003, Agriculture Code,
1-20 is amended to read as follows:
1-21 (a) The department shall direct and supervise the inspection
1-22 and certification of maturity of citrus fruit under this chapter.
1-23 The department shall adopt rules that define maturity standards for
1-24 grapefruit and maturity standards for oranges according to the
2-1 amount of juice and the amount of soluble solids in the fruit and
2-2 the ratio of soluble solids to anhydrous citric acids in the fruit.
2-3 The department <and> may adopt rules relating to:
2-4 (1) the number and character of certificates of
2-5 inspection and maturity;
2-6 (2) inspection requests; and
2-7 (3) seasonal requirements of citrus fruit for fitness
2-8 for human consumption.
2-9 SECTION 3. Section 94.021, Agriculture Code, is amended to
2-10 read as follows:
2-11 Sec. 94.021. GRAPEFRUIT. Grapefruit that meet the maturity
2-12 standards for grapefruit established by rule of the department are
2-13 mature <if:>
2-14 <(1) the juice consists of 9 percent or more of
2-15 soluble solids, when the ratio of soluble solids to anhydrous
2-16 citric acid is at least 7.2 to 1;>
2-17 <(2) the juice consists of 10 percent or more of
2-18 soluble solids, when the ratio of soluble solids to anhydrous
2-19 citric acid is at least 7 to 1;>
2-20 <(3) the juice consists of 11 percent or more of
2-21 soluble solids, when the ratio of soluble solids to anhydrous
2-22 citric acid is at least 6.8 to 1; or>
2-23 <(4) the juice consists of 11.5 percent or more of
2-24 soluble solids, when the ratio of soluble solids to anhydrous
2-25 citric acid is at least 6.5 to 1>.
2-26 SECTION 4. Section 94.022, Agriculture Code, is amended to
2-27 read as follows:
3-1 Sec. 94.022. ORANGES. Oranges that meet the maturity
3-2 standards for oranges established by rule of the department are
3-3 mature <when the ratio of soluble solids to the anhydrous citric
3-4 acid of the juice is at least 9 to 1>.
3-5 SECTION 5. Subsection (b), Section 94.025, Agriculture Code,
3-6 is amended to read as follows:
3-7 (b) Grapefruit <Citrus fruit> that is immature or otherwise
3-8 unfit for consumption may not be prepared for sale or
3-9 transportation, transported, or received for any purpose prohibited
3-10 by this section, from December 2 of one year <16> to July <August>
3-11 31 of the following <each> year. Early or midseason oranges that
3-12 are immature or otherwise unfit for consumption may not be prepared
3-13 for sale or transportation, transported, or received for any
3-14 purpose prohibited by this section, from November 2 of one year to
3-15 July 31 of the following year.
3-16 SECTION 6. Section 94.031, Agriculture Code, is amended to
3-17 read as follows:
3-18 Sec. 94.031. INSPECTION. (a) Grapefruit <Citrus fruit> may
3-19 not be transported, or prepared, received, or delivered for
3-20 transportation or market, after July <August> 31 and before
3-21 December 2 <16> each year unless the grapefruit <it> has been
3-22 inspected for maturity and approved by a <department> citrus fruit
3-23 inspector employed by or otherwise under the direction and
3-24 supervision of the department or by a United States Department of
3-25 Agriculture citrus fruit inspector and is accompanied by a maturity
3-26 stamp.
3-27 (b) Early and midseason oranges may not be transported, or
4-1 prepared, received, or delivered for transportation or market,
4-2 after July 31 and before November 2 each year unless the oranges
4-3 have been inspected for maturity and approved by a citrus fruit
4-4 inspector employed by or otherwise under the direction and
4-5 supervision of the department or by a United States Department of
4-6 Agriculture citrus fruit inspector and are accompanied by a
4-7 maturity stamp.
4-8 (c) A certificate of inspection and maturity issued under
4-9 this section must identify the citrus fruit to which it relates.
4-10 <(c) An inspector appointed under Section 94.004(c) of this
4-11 code shall sign certificates of inspection and maturity as "Special
4-12 Citrus Fruit Inspector.">
4-13 SECTION 7. Subsection (a), Section 94.035, Agriculture Code,
4-14 is amended to read as follows:
4-15 (a) A person who sells or ships grapefruit <citrus fruit>
4-16 after July <August> 31 and before December 2 of a year, or early or
4-17 midseason oranges after July 31 and before November 2 of a year,
4-18 <16> shall pay to the department a maximum fee of:
4-19 (1) 2.5 cents per standard box that is sold,
4-20 transported, or delivered for transportation;
4-21 (2) 1.5 cents per one-half standard box, or other
4-22 container that is one-half the size of a standard container, that
4-23 is sold, transported, or delivered for transportation; or
4-24 (3) 2.5 cents per 80-pound lot, or portion of an
4-25 80-pound lot, that is sold or transported in bulk.
4-26 SECTION 8. Section 95.016, Agriculture Code, is amended to
4-27 read as follows:
5-1 Sec. 95.016. Standards for Use of Coloring Matter. <(a)> A
5-2 person may not apply coloring matter to citrus fruits unless the
5-3 citrus fruit meets <passes> the applicable <state> maturity
5-4 standards established by rule by the department under Section
5-5 94.003(a) <tests and the tests required by this section>.
5-6 <(b) A person may not apply coloring matter to oranges
5-7 unless:>
5-8 <(1) the juice of the oranges, extracted by hand
5-9 without mechanical pressure, is at least 4.5 gallons per 1.4
5-10 bushels; and>
5-11 <(2) if the total of soluble solids of the juice is 9
5-12 percent or more, the ratio of total of soluble solids to anhydrous
5-13 citric acid is at least 9 to 1; or>
5-14 <(3) if the total of soluble solids of the juice is at
5-15 least 8.5 percent but less than 9 percent, the ratio of total
5-16 soluble solids to anhydrous citric acid is at least 10 to 1.>
5-17 <(c) The Brix hydrometer shall be used to determine total
5-18 soluble solids of citrus fruit under this section, and the reading
5-19 of the hydrometer corrected for temperature is the percentage of
5-20 total soluble solids.>
5-21 <(d) Anhydrous citric acid in citrus juice is equal to the
5-22 total acidity of the juice as determined by titration, using
5-23 standard alkali and phenolphthalein as the indicator.>
5-24 SECTION 9. The Department of Agriculture may initially adopt
5-25 rules that define maturity standards for grapefruit and maturity
5-26 standards for oranges under Subsection (a), Section 94.003,
5-27 Agriculture Code, as amended by this Act, as emergency rules in
6-1 accordance with Section 2001.034, Government Code.
6-2 SECTION 10. Sections 94.004, 94.023, and 94.024, Agriculture
6-3 Code, are repealed.
6-4 SECTION 11. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended,
6-9 and that this Act take effect and be in force from and after its
6-10 passage, and it is so enacted.