4 Tex. Admin. Code § 17.51 – Definitions

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

(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) Commissioner--Commissioner of Agriculture, Texas Department of Agriculture.
(3) Department--The Texas Department of Agriculture.
(4) Food-Agricultural products, excluding fresh meats, produced or processed in Texas for human consumption.
(5) GO TEXAN and Design mark--The following mark being a certification mark pending final registration approval with the United States Patent and Trademark Office and also with the Texas Secretary of State's office by the department. GO TEXAN and Design is a certification mark of the Texas Department of Agriculture.
Attached Graphic
(6) 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.
(7) Livestock feed, feed supplements and pet food-Agricultural products produced or processed in Texas for animal consumption.
(8) 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.
(9) 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.
(10) 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.
Attached Graphic
(11) Person--An individual, firm, partnership, corporation, governmental entity, or association of individuals.
(12) 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, packaging, dehydrating, washing, culling or freezing. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a processed food product. One hundred percent fresh beef and processed 100% beef products must comply with the requirements of §17.58 of this title (relating to GO TEXAN Beef Program).
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
Attached Graphic
(18) 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.
Attached Graphic
(19) Texas agricultural product--An agricultural, horticultural, 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) bees;
2. (B) honey;
3. (C) fish or other seafood;
4. (D) a forestry product;
5. (E) livestock or a livestock product;
6. (F) planting seed; or
7. (G) poultry or poultry products.
(20) 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.
Attached Graphic
(21) 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.
Attached Graphic

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.