Untitled Texas Attorney General Opinion ( 1945 )

OFFICEOFTHEATTORNEYGENERALOFTEXAS AUSTIN OROVER*ELLERS *n-o*NFI GCNLRAL Honorable Urew S. Davis county Attorney San Augustbe C0Unt.y Sao Augustfae, TeutS Dear Sir: Opinion Ho. O-6445 01s 1700-a-1, which deals with lnseot and plant disease app Velmon's A5tIOtat8 section 9 of cha 41st Legislature, second Called Se portion or this Act is found in tatutes, Artiole 13Sa-1. This r0r quarantine regu- lations and i nd shrubs to prevent the lslportatf erous inaeat pests and plant disea 13 0r tha 0dginal rticle 1700-a-l) was amended , Chapter 384, and as amended for the destruction of trees or rruits, or f'or the cleaning of orahnrds or treatment of orchards, or Donorable Drew S. Davis, iage 2 methods of storage, or shall provide ror the pre- vention of the entry into any pest-free zone of any plants, plant produots, things, or substanaes found to be dangerous to the a?:rloultural and horticultural interests or such pest-free so-, or shall provide for the maintenanoe or a hoe)- free period in which certain fruits are not to be allowed to be ripened, or shall provide for any speairio treatment of a grove or orahard, any per- son or persona row3 guilty or selllni:, carrying, or transporting such klants or plant produots from a quarantined area or areas deolared lofested or into an area deolared to be a pest-rree zone, as the oase may be, or V&O shall mnlntain any @ipen- ing fruit during the host-rree period on any tree declared to be a nuisanoe in suoh quarantine or- der, or fails or refuses to admlnlster the treat- ment provided for, including speolrla methods or spraying, removing diseased parts, removing and aestroylng fallen or oulled fruits, or ~remoring such needs or plants as may be hosts or oarrlers of inseot pests or plant diseases. or railing to store produots in mahner as may be required, shall be deemed guilty of a misdemeanor, and upon oon- vlotlon shall be fined in any sum not to exoeed One Hundred Dollars ($lOO), and eaoh thing eOld or transported, an3 eaoh aot in violation hereof, shall be oonsldered a separate orrenae; and pro- vlde~a further that any person violating any of the provisions of this Act may be proseouted theref’or in any county of this State where aamh violation OCOurB.” (Underscoring oure) v:ebster*s International ,Dlotfonary, 2nd Edition, deslenates a sweet potato MS a. plant. It ia our opinion that a sweet potato may be either a plant or plant product depending as to when or how u.sed. rcheb the potato is on the vine it is a plant 1 w~hensevered from the vine It Is than a plant produot. ‘#a are further of the opinion that an indictment charging violation of this statute should contain two oounte: charging sweet potato to be a plant and the other that T?“;s a plant product. Honorable Urew 30 Davis, Fags 3 t:'e are, tlrrrefore,of the opinion that .,.he provi- sions or V.A.P.O., Article 1700-a-1 does apply to sweet pota- toes infeoted with weevils. !;‘e believe that the enclosed ooples of’ our Opinion8 Nos. O-5914 and O-5793 will be of help to you. Yours very truly m :mp Emll.