(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) permitted by a court under Subsection (b); or
(2) the department determines that the sale or distribution of the product is in compliance with this subchapter and rules adopted under this subchapter.
(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.

Terms Used In Texas Agriculture Code 18.010


(c) This section does not limit the department’s right to act under another section of this subchapter.