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

1. (1) Associate GO TEXAN members/licensees--Persons who apply and are granted limited use of the mark by the department for assistance in the promotion and implementation of the GO TEXAN program.
2. (2) Commissioner--Commissioner of Agriculture, Texas Department of Agriculture.
3. (3) Department--The Texas Department of Agriculture.
4. (4) Equine species--A horse, pony, mule or donkey that was foaled in Texas or has resided in Texas for at least one year.
5. (5) Food--Agricultural products produced or processed in Texas for human consumption.
6. (6) GO TEXAN and Design mark--The GO TEXAN and Design mark is a certification mark that is registered with the United States Patent and Trademark Office and the Texas Secretary of State's office by the department.
   Attached Graphic
   

7. (7) GO TEXAN Restaurant Program--

   1. (A) Permitted restaurant establishments that:

      1. (i) provide restaurant service;
      2. (ii) are located in Texas;
      3. (iii) are permitted in accordance with all state and local laws and regulations; and
      4. (iv) are using and/or serving Texas agriculture products.
   2. (B) Persons who apply are granted use of the mark for the promotion and assistance of the GO TEXAN program.
8. (8) Horticulture products--Nursery, floral and greenhouse plants or plant products produced in Texas from seeds, rootings, cuttings, tissue cultures, seedlings or other propagation materials. Non-Texas plants being produced for such a period during which they are transplanted or increased in plant size and volume of container. Texas and non-Texas produced plant-based horticulture products processed in Texas.
9. (9) Livestock feed, feed supplements and pet food--Agricultural products produced or processed in Texas for animal consumption.
10. (10) Natural fibers--Fibers which have been produced from Texas crops or shorn from Texas livestock, and which are used in textiles, apparel, and other goods. The term "natural fibers" also includes leather made from the hides of animals and reptiles.
11. (11) Natural woods--Forestry products produced from Texas hardwood and softwood timber and may include, but not be limited to, furniture, home furnishings, building construction materials, pulp and paper.

12. (12) Other Products--

    1. (A) Any product produced in Texas which is not a Texas agricultural product, as defined in paragraph (19) of this section, but is:

       1. (i) produced, manufactured, constructed or created within the state; or
       2. (ii) is processed within the state such that it has been altered by a mechanical or physical value-added procedure in Texas to change or add to its physical characteristics; and
       3. (iii) such product enhances the GO TEXAN program;
    2. (B) Products described in subparagraph (A) of this paragraph which are produced in Texas, but processed outside of Texas do not meet GO TEXAN program requirements, unless facilities for processing are not reasonably available in Texas.
    3. (C) For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being an "other product" or processed other product and shall have the sole discretion to determine whether a product enhances the GO TEXAN program.
13. (13) Person--An individual, firm, partnership, corporation, governmental entity, or association of individuals.
14. (14) Processed food product--Non-Texas agricultural food product which has undergone a value-added procedure in Texas to change or add to its physical characteristics, including, but not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, distilling, eviscerating, preserving, or dehydrating. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a processed food product.
15. (15) Processed natural fiber or natural wood product--Non-Texas raw, natural fiber or natural wood which has undergone mechanical or physical changes in Texas resulting in a finished, distinct product. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a processed natural fiber and wood product.

16. (16) Produced in Texas--An agricultural product is produced in Texas if:

    1. (A) the agricultural product is grown, raised, nurtured, sown, or cultivated within the state; or
    2. (B) the agricultural product has been altered by a mechanical or physical value-added procedure in Texas to change or add to its physical characteristics.
    3. (C) Products produced in Texas, but processed out of Texas do not meet GO TEXAN program requirements, unless facilities for processing are not reasonably available in Texas.

17. (17) Producer--Any person who:

    1. (A) produces agricultural product(s) grown, raised, nurtured, sown, or cultivated in the State of Texas;
    2. (B) produces Texas processed agricultural product(s); or
    3. (C) produces Texas product(s) that is/are not processed outside of Texas, unless facilities for processing are not reasonably available in Texas.
18. (18) Texas processed agricultural product--Non-Texas agricultural product, excluding processed food product and processed natural wood and natural fiber product, which has undergone a value added procedure in Texas that changes or adds to its physical characteristics. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a Texas processed agricultural product.

19. (19) Texas agricultural product--An agricultural, apicultural horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including:

    1. (A) equine species;
    2. (B) feed for use by livestock or poultry;
    3. (C) fish or other aquatic species;
    4. (D) livestock, a livestock product, or a livestock by-product;
    5. (E) planting seed;
    6. (F) poultry, a poultry product, or a poultry by-product; or
    7. (G) wildlife processed for food or by-products.

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; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective July 20, 2000, 25 TexReg 6699; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective February 5, 2004, 29 TexReg 937; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective September 1, 2011, 36 TexReg 5353.