The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Commissioner--Commissioner of agriculture, Texas Department of Agriculture.
2. (2) Department--The Texas Department of Agriculture.
3. (3) Natural fibers--Fibers which have been produced from crops or shorn from livestock, and which are used in textiles, apparel, and other goods. The term "natural fibers" also includes leather made from the hides of animals.
4. (4) Naturally Texas mark--A mark bearing the icons (or symbols) representative of leather, wool, mohair, and cotton and bearing the words "Naturally TEXAS," such mark being a certification mark registered with the United States Patent and Trademark Office, and also being registered with the Secretary of State's office by the department.
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5. (5) Person--An individual, firm, partnership, corporation, governmental entity, or association of individuals.
6. (6) Processed--Having undergone a value-added procedure to change or add to the physical characteristics of an agricultural product. For purposes of these sections, the department shall have sole discretion in determining whether a product qualifies as being processed.

7. (7) Produced in Texas--A product is produced in Texas if:

   1. (A) the commodity or commodities of which it is composed are grown, raised, nurtured, sown, or cultivated within the state; or
   2. (B) the product is processed within the state in a manner which substantially changes its form.
8. (8) Producer--Any person who produces products grown in the State of Texas or made from ingredients grown in the State of Texas.
9. (9) TAP mark--The term "Texas Agricultural Product" or the following mark embracing the same, such mark being registered with the Secretary of State's office by the department.
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10. (10) Taste of Texas mark--A flag-shaped mark bearing the words "Taste of Texas," so colored as to model closely the flag of the State of Texas, such mark being registered with the Secretary of State's office by the department.
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11. (11) Texas Grown mark--A vertical and rectangular mark which features a native Texas mountain laurel branch in bloom over an outline of the state of Texas with the word "Texas" at the top and the word "Grown" at the bottom of the rectangle, such mark being registered with the Secretary of State's office by the department.
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12. (12) Vintage Texas mark--A vertical, rectangular mark consisting of a cluster of six grapes loosely forming a triangle and topped by a single grape leaf, all centered in the middle of a five-pointed star. Coming from behind the top center point of the star is a short curlicue line representing a grapevine. One horizontal line intersects with the tip of the center point of the star, and a parallel horizontal line intersects the two bottom points of the star. The word "VINTAGE" appears above the top parallel line, and the word "TEXAS" appears below the bottom parallel line, such mark being registered with the Secretary of State's office by the department.
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Source Note:The provisions of this §17.51 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective September 7, 1998, 23 TexReg 9016.