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.