Selling firewood in Texas: cords, delivery tickets and labels

This page reports what the official source says. It is not legal advice: ask the office named here. It follows the Texas Department of Agriculture firewood page, the weights and measures chapter of the Texas Agriculture Code as published by the Texas Legislature, and the NIST model rule the department points to.

What the department says

The Texas Department of Agriculture firewood page says firewood is sold by a measurement called a cord and that a cord must equal 128 cubic feet. It says the department carries out measurement inspections to see whether the contents meet or exceed the quantity stated. It says businesses offering firewood for wholesale or retail sale must follow the method of sale regulations in NIST Handbook 130, and that firewood advertised on a price card, tag, poster or other advertisement is subject to inspection. The page says there is no application process. It also says the department adopts NIST Handbooks 130 and 133 by reference, relating to packaging and labeling regulations and the method of sale regulation.

The cord in the statute

Chapter 13 of the Texas Agriculture Code is the weights and measures chapter. Section 13.026 has two parts on the cord.

Part (a) says a cord is equal to 128 cubic feet, or the contents of a space 8 feet long, 4 feet wide and 4 feet high.
Part (b) says a cord of fuel wood is the wood held in 128 cubic feet of space, ranked and well-stowed, counting one-half the kerf.

The chapter also says that its use of the word commodity does not include motor fuel.

Quantity and price statements

Two sections of the same chapter apply to any commodity, firewood included. Section 13.035 says a person violates the chapter by misrepresenting the price of a commodity, or by representing its price or quantity in a way intended or tending to mislead or deceive an actual or prospective customer. Section 13.036 says a person violates the chapter by selling or offering a quantity that is less than the quantity represented. Section 13.031 says a commodity that is not liquid is sold by length, weight or numerical count if it has been or can be sold by one of those measures, and it does not apply to a commodity in an original package put up by the manufacturer.

What the model rule adds

The department points to section 2.4 of the uniform regulation for the method of sale in NIST Handbook 130, 2026 edition. Its wording, in our own words, is below.

Fireplace and stove wood is advertised, offered and sold only by measure, using the cord and fractions of a cord, or the cubic meter.
Natural wood in packages under 0.45 cubic meters (one eighth of a cord, or 16 cubic feet) shows its quantity in liters, and may add cubic feet.
Artificial logs and bricks over 15 centimeters (6 inches) in any dimension are sold by weight plus count. Stove pellets or chips of 15 centimeters or less are sold by weight.
The terms face cord, rack, pile and truckload, or terms of similar import, are not to be used.
A species claim, if the seller makes one, gives the percentage of each species group and is accurate within 10 percent.
A delivery ticket or sales invoice goes to the buyer for non-packaged wood. It gives the vendor's name and address, the purchaser's name and address, the date delivered, the quantity delivered and the quantity the price is based on if different, the price, and the identity of the wood in the most descriptive terms commercially practicable, including any quality statement made in the sale.

The department's page does not name an edition of the handbook, so the 2026 text is shown only as the model.

Stop-sale orders and penalties

Under section 13.040, if the department has reason to believe a commodity is being sold in violation of the chapter, it may issue a written or printed order to stop the sale. The owner may sue in court for a judgment on whether the order was justified. Section 13.007 says a person who violates subchapter B or C or a rule under either is liable to the state for a civil penalty not to exceed US$500 for each violation, and each day a violation continues may be treated as a separate violation. Section 13.041 makes an offense under sections 13.030, 13.032, 13.037 or 13.039 a Class C misdemeanor, and gives a defense where a shortage is due to unavoidable leakage, shrinkage, evaporation, waste or causes beyond the control of a seller acting in good faith.

For the model rule and other places, see the firewood sale rules overview. Texas movement rules for wood are on the Texas moving firewood page.