Tex. Agric. Code Section 13.040
Stop-sale Order

(a)

If the department has reason to believe that a commodity is being sold or kept, offered, or exposed for sale in violation of this chapter or that a commodity or service is being sold or offered for sale by or through the use of a weighing or measuring device that is in violation of this chapter, the department may issue and enforce a written or printed order to stop the sale of the commodity or service. The department shall present the order to the owner or custodian of the commodity or seller of the service. The person receiving the order may not sell the commodity or provide the service until discharged by a court under Subsection (b) or until the commissioner finds that the commodity or weighing or measuring device is in compliance with this chapter.

(b)

The owner or custodian of a commodity or a person selling or offering for sale a service prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the commodity is found or the service is being sold or offered for sale for a judgment as to the justification of the order and for the discharge of the commodity or service in accordance with the findings of the court.

(c)

This section does not limit the right of the department to proceed as authorized by other sections of this code.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.13, eff. September 1, 2013.

Source: Section 13.040 — Stop-sale Order, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­13.­htm#13.­040 (accessed May 4, 2024).

13.001
Definitions 13.002
Enforcement of Chapter 13.007
Civil Penalty 13.021
Legal Standards 13.022
Standard for Length and Surface 13.023
Standard for Weight 13.024
Standard for Liquid Capacity 13.025
Standard for Solid Capacity 13.026
Cord 13.027
Standard Net Weight or Count Set by Rule 13.028
Standard Weight Per Bushel for Certain Commodities 13.029
Exemption of Weighing or Measuring Devices 13.030
Sale of Commodities by Net Weight 13.031
Sale of Commodities by Proper Measure 13.032
Standard Fill and Quantity Labeling for Commodities in Package Form 13.033
Sale of Milk or Cream in Nonstandard Container 13.034
Sale of Cheese, Meat, or Meat Food Product by Nonstandard Weight 13.035
Price Advertisement 13.036
False Representation of Commodity Quantity 13.037
Use of Incorrect Weighing or Measuring Device 13.038
Sale of Commodity in Violation of Subchapter 13.039
Testing of Package by Department 13.040
Stop-sale Order 13.041
Penalties 13.101
Inspection of Devices 13.111
Repair or Destruction of Incorrect Commercial Weighing or Measuring Devices 13.112
Tests for State Institutions 13.113
Standards Used in Inspection 13.114
Tolerances 13.115
Fees for Department Inspection 13.117
Refusing to Allow Test of Weighing or Measuring Device 13.118
Hindering Department Personnel 13.119
Removal of Registration Tag 13.120
Sale or Use of Incorrect Weighing or Measuring Device 13.121
Disposing of Condemned Weighing or Measuring Device 13.122
Penalties 13.251
Definition 13.255
Certificate 13.256
Bond 13.257
Recording of Weights and Measures 13.258
Duties of the Department 13.259
Penalty for Issuing a False Certificate 13.260
Penalty for Issuing Certificate Without Authority 13.261
Rules 13.451
Definitions 13.452
Device Maintenance Activities 13.453
Powers and Duties of Department 13.454
Exemptions from License Requirements 13.455
Service Technician License Required 13.456
Service Company License Required 13.457
Application for License 13.458
Service Technician License Requirements 13.459
Service Company License Requirements 13.460
Insurance Policy Required for Service Company 13.461
Term of License 13.462
License Renewal 13.463
Practice by License Holder 13.464
Criminal Penalty 13.1001
Authority to Inspect 13.1002
Exemption of Certain Weighing or Measuring Devices 13.1011
Required Registration 13.1151
Fees for Registration and Inspection 13.2555
Revocation, Modification, or Suspension of Certificate
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 13.040’s source at texas​.gov