Terms Used In Texas Civil Practice and Remedies Code 138.001

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

In this chapter:
(1) “Agricultural commodity” has the meaning assigned by § 41.002, Agriculture Code.
(2) “Agricultural producer” means any producer of an agricultural commodity.
(3) “Food” has the definition assigned by § 431.002, Health and Safety Code. “Food” does not include:
(A) a cosmetic, as defined by Section 321(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 (i));
(B) a drug, as defined by Section 321(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321(g)), whether prescription or over-the-counter; or
(C) a dietary supplement, as defined by Section 321(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321(ff)).
(4) “Livestock” has the meaning assigned by § 1.003, Agriculture Code.
(5) “Livestock producer” means any producer of livestock.
(6) “Manufacturer” means a person lawfully engaged, in the regular course of the person’s trade or business, in manufacturing a food.
(7) “Seller” means a person lawfully engaged, in the regular course of the person’s trade or business, in marketing, distributing, advertising, or selling a food.
(8) “State” includes each state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and any other territory or possession of the United States and any political subdivision of any of those places.
(9) “Trade association” means any association or business organization, whether or not incorporated under federal or state law, that is not operated for profit and two or more members of which are manufacturers, marketers, distributors, advertisers, or sellers of a food.