1. (a) If an organic agricultural product is being sold or distributed in violation of this subchapter or a rule adopted under this subchapter, the department may issue a written order to stop the sale or distribution of the product by a person in control of the product. The product named in the order may not be sold or distributed while labeled, marketed, advertised, or otherwise represented as "organic" until:

   1. (1) permitted by a court under Subsection (b); or
   2. (2) the department determines that the sale or distribution of the product is in compliance with this subchapter and rules adopted under this subchapter.
2. (b) A person in control of the product named in the order may bring suit in a court in the county where the product is located. After a hearing, the court may permit the product to be sold if the court finds the product is not being sold in violation of this subchapter or a department rule issued under this subchapter.
3. (c) This section does not limit the department's right to act under another section of this subchapter.

Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.

Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;

Acts 2001, 77th Leg., ch. 52, Sec. 6, eff. May 7, 2001;

Acts 2003, 78th Leg., ch. 1288, Sec. 10, eff. June 21, 2003.