PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
The Texas Department of Agriculture (Department) adopts amendments to Texas Administrative Code (TAC), Title 4, Part 1, Chapter 19 (Quarantines and Noxious and Invasive Plants), Subchapter A (General Quarantine Provisions), §19.1 (Definitions), §19.2 (Inspection Certificates), §19.3 (Inspection and Testing Fees), and §19.5 (Phytosanitary Growing Season Inspection); Subchapter E (Date Palm Lethal Decline Quarantine), §19.50 (Quarantined Pest), §19.51 (Geographical Areas Subject to the Quarantine) and §19.52 (Quarantined Articles); Subchapter F (Lethal Yellowing Quarantine), §19.60 (Quarantined Pest), §19.61 (Quarantined Areas), and §19.62 (Quarantined Articles); Subchapter G (European Brown Garden Snail Quarantine), §19.73 (Restrictions); Subchapter H (Gypsy Moth Quarantine), §19.81 (Adoption of Federal Quarantine); Subchapter J (Red Imported Fire Ant Quarantine), §19.101 (Quarantined Areas) and §19.103 (Restrictions); Subchapter K (European Corn Borer Quarantine), §19.113 (Restrictions); Subchapter M (Sweet Potato Weevil Quarantine), §19.133 (Restrictions); Subchapter Q (Sapote Fruit Fly Quarantine), §19.170 (Basis for Quarantine - Dangerous Insect Pest or Plant Disease (Proscribed Biological Entity)), §19.171 (Duration of the Quarantine), §19.172 (Infested Areas), §19.173 (Non-Infested Areas), §19.174 (Articles Subject to the Quarantine), §19.175 (Restrictions on Movement of Articles Subject to the Quarantine) and §19.176 (Monitoring and Eradication of the Dangerous Pest or Plant Disease); and Subchapter X (Citrus Greening Quarantine), §19.616 (Infested Geographical Areas Subject to the Quarantine) and §19.622 (Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone). The amendments are adopted without changes to the proposed text as published in the May 24, 2024, issue of the Texas Register (49 TexReg 3669) and will not be republished. Section 19.23 is being adopted with changes due to grammar corrections, It will be republished.
The Department also adopts the repeal of Subchapter I (Pine Shoot Beetle Quarantine), §19.91 (Adoption of Federal Quarantine); and Subchapter Q (Sapote Fruit Fly Quarantine), §19.177 (Consequences for Failure to Comply with Quarantine Restrictions) and §19.178 (Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions), as published in the May 24, 2024, issue of the Texas Register (49 TexReg 3669).
The Department further adopts new Subchapter Y (Cottonseed Bug Quarantine), §§19.623 - 19.626, concerning a quarantine for a dangerous plant pest, the cottonseed bug, Oxycarenus hyalinipennis. The amendments are adopted without changes to the proposed text as published in the May 24, 2024, issue of the Texas Register (49 TexReg 3669) and will not be republished.
The amendments; addition of new Subchapter Y (Cottonseed Bug Quarantine); and repeal of Subchapter I (Pine Shoot Beetle Quarantine), §19.91 (Adoption of Federal Quarantine); and Subchapter Q (Sapote Fruit Fly Quarantine), §19.177 (Consequences for Failure to Comply with Quarantine Restrictions) and §19.178 (Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions) are adopted without changes to the proposed text as published in the Proposed Rules section of the May 24, 2024, issue of the Texas Register (47 TexReg 3669) and will not be republished.
The amendments include a change to Subchapter E's title from "Date Palm Lethal Decline" to "Lethal Bronzing of Palms Quarantine" to account for the new common name for the quarantined organism.
The amendments to §19.1 remove definitions for "certified regulated article," "non-certified regulated article," and "in-sect exclusionary cover," because these terms do not appear in this chapter; remove definitions for "Mediterranean fruit fly," "Oriental fruit fly," and "peach fruit fly" because these insects are not addressed in this chapter; remove the term "Mediterranean fruit fly" from the definition of "fruit fly" and add the term "Caribbean fruit fly" to the definition of "fruit fly" to address the specific types of fruit flies regulated in this chapter; remove a duplicative definition for "West Indian fruit fly;" and make the terms "phytosanitary certificate," "phytosanitary growing season inspection certificate," "quarantined area," "quarantined article," "quarantined pest," and "regulated article" lower-case because they appear as such in this chapter.
The amendments to §19.2 remove unnecessary language about the U.S. Domestic Japanese Beetle Harmonization Plan, update Department contact information, correct grammatical errors, and make editorial changes to language to improve the rule's readability.
The amendments to §19.3 make references to the United States Department of Agriculture the same as its definition in §19.1 and update Department contact information.
The amendments to §19.5 add Department contact in-formation for those wanting to obtain applications for phytosanitary growing season inspections.
The amendments to §19.23 make grammatical changes to language to improve the rule's readability.
Consistent with the change to Subchapter E's title, the amendment to §19.50 updates the name of the quarantined organism to "Lethal Bronzing of Palms" to account for its new name.
The amendments to §19.51 update out-of-state areas to the quarantined areas for lethal bronzing of palms and, consistent with the change to Subchapter E's title, update the name of the quarantined organism to "Lethal Bronzing of Palms" to account for its new name.
The amendments to §19.52 clarify that the definition of a quarantined article includes any species determined to be a vector of disease, updates the list and names of palms that are quarantined, and adds quarantined areas based on current information available.
The amendments to §19.60 clarify that the quarantined pest is a disease caused by Candidatus Phytoplasma palmae or phytoplasma 16SrIV-A.
The amendments to §19.61 update the out-of-state quarantined areas for Date Palm Lethal Decline.
The amendments to §19.62 clarify that the definition of a quarantined article includes any species determined to be a vector of disease, updates the list and names of palms that are quarantined, and adds quarantined areas based on current information available.
The amendments to §19.73 make a reference to the Department as "department" because the term "department" is generally used throughout Title 4, Part 1 and correct grammatical errors.
The amendments to §19.81 update Department contact information and a citation to the regulation of gypsy moths in the Code of Federal Regulations as well as make editorial changes to language to improve the rule's readability.
The amendments to §19.101 remove subsection (b) because the most recent list of quarantines areas provided through Code of Federal Regulations (CFR), Title 7, §301.81-3 includes all areas listed in that subsection, update a citation to 7 CFR §301.81-3, change the term "regulated areas" to "quarantined areas," as the former is the term found in 7 CFR §301.81-3, provide an additional means to access the federal imported fire ant quarantine, update contact information for the Department, and remove unnecessary language.
The amendments to §19.103 correct grammatical errors and make editorial changes to language to improve the rule's readability.
The amendments to §19.113 remove unnecessary language, correct grammatical errors, and make editorial changes to language to improve the rule's readability.
The amendments to §19.133 make header information in a subsection lower-case, as this is how such information generally appears in rules throughout Title 4, Part 1; add language clarifying time restrictions on planting sweet potatoes; update Department contact information; correct grammatical errors; and make editorial changes to language to improve the rule's readability.
The amendments to §19.170 remove unnecessary language; change an internal reference to this chapter from "title" to "chapter" as the former is generally used throughout Title 4, Part 1; and update a citation to the Code.
The amendments to §19.171 remove unnecessary language and make editorial changes to language to improve the rule's readability.
The amendments to §19.172 make the rule's title more concise, remove unnecessary and inapplicable language on sources of information on quarantined infested areas and core areas, make editorial changes to language to improve the rule's readability, specify a reference to the sapote fruit fly, correct grammatical and mathematical errors, and make all mentions of quarantined infested areas as "quarantined infested areas."
The amendments to §19.173 make the rule's title more concise, specify a reference to the sapote fruit fly, remove unnecessary language, and make editorial changes to language to improve the rule's readability.
The amendments to §19.174 specify a reference to the sapote fruit fly and correct a grammatical error.
The amendments to §19.175 change the language of the rule to align with §19.504 of this chapter (relating to Restrictions on Movement of Articles Subject to the Quarantine); remove unnecessary, inapplicable provisions for quarantined non-infested areas; and delete obsolete provisions involving fumigation protocols no longer in existence. The amendments further clarify and incorporate additional provisions requiring those who transport regulated articles to ensure that they do not become infested and that the quarantined pest is not spread.
The amendments to §19.176 update a reference to the United States Department of Agriculture.
The amendments to §19.616 correct the address of the Department's Valley Regional Office and remove reference of the citrus greening quarantine map being posted on the department's website.
The amendments to §19.622 correct the address of the Department's Valley Regional Office and remove unnecessary language.
The repeal of §19.91 is adopted to conform with 85 Fed. Reg. 61806 and the United States Department of Agriculture's (USDA) removal of its regulations pertaining to domestic pine shoot beetle quarantines and restrictions applying to the importation of pine shoot beetle host material from Canada, which include the regulations referred to in this rule.
The repeal of §19.177 is adopted to remove redundant language, which is identical to state statute namely, Sections 12.020, 71.009, 71.012, 71.013, 71.009, and 71.0092 of the Texas Agriculture Code (Code).
The repeal of §19.178 is adopted to remove redundant language identical to Section 71.010 of the Code.
The Department adopts new 4 TAC Part 1, Chapter 19, Subchapter Y, Cottonseed Bug Quarantine comprised of §§19.623 -19.626 to establish requirements and restrictions necessary to address dangers posed by the potential introduction of cottonseed bug in Texas.
New §19.623 defines the quarantined pest as the cottonseed bug.
New §19.624 defines the quarantined areas and outlines when the Department may designate additional or expanded quarantined areas.
New §19.625 defines what constitutes quarantined articles.
New §19.626 defines the travel restrictions for quarantined articles.
Public Comment
The Department received no comments regarding the proposed amendments, the proposed repeal, and the proposed new subchapter.
SUBCHAPTER A. GENERAL QUARANTINE PROVISIONS
The amendments are adopted under Chapter 71 of the Texas Agriculture Code, which allows the Department to adopt rules necessary to administer this chapter.
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rule to administer its powers and duties under the Code. The amendments are further adopted under Section 12.021 of the Code, which requires the Department to collect inspection fees for phytosanitary inspections required by other states and foreign countries for agricultural products, processed products, or equipment exported from Texas; Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions are Chapters 12 and 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405732
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Code, Section 71.005, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
§19.23.Restrictions.
(a) General. Plants, plant parts for propagation, and growing media originating from quarantined areas are prohibited entry into or through Texas, except as provided in subsections (b) and (c) of this section.
(b) Exemptions. Plants produced from seed, planted and grown in sterile media or other suitable material determined by laboratory assay to be free of plant parasitic nematodes and protected from nematode infestation until shipped, are exempt from the provisions of this subchapter.
(c) Exceptions. Shipments from quarantined areas may enter Texas if each package or bundle is accompanied by a phytosanitary certificate issued by an authorized representative of the state or commonwealth of origin that:
(1) specifies the state or commonwealth of origin; and
(2) certifies that the quarantine plants, propagative plant parts, and growing media have been sampled and determined by laboratory assay to be free of burrowing nematodes not more than two months prior to shipment and protected from nematode infestation until shipped. A laboratory analysis report should accompany the shipment. Comingling of plant material from any other origin or source is prohibited unless the plant roots and growing media have been sampled and determined by laboratory assay to be free of burrowing nematodes.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405733
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.001 of the Code, which allows the Department to quarantine at the boundaries of Texas an insect pest or plant disease the Department determines as dangerous that is new to and not widely distributed in Texas existing in any areas outside Texas; Section 71.002 of the Code, which allows the Department to quarantine an insect pest or plant disease the Department determines as dangerous that is not widely distributed in Texas; Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, providing for the destruction of trees or fruits, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405734
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.002 of the Code, which allows the Department to quarantine an insect pest or plant disease the Department determines as dangerous that is not widely distributed in Texas; Section 71.005 of the Texas Agriculture Code (Code), which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, providing for the destruction of trees or fruits, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405735
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405736
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405737
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The repeal is under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code, as necessary. The repeal is further authorized under Section 71.005 of the Texas Agriculture Code (Code), which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the repeal is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405761
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.001 of the Code, which allows the Department to establish quarantines within Texas against out-of-state insect pests or plant diseases new to and not widely distributed in Texas; Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405738
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405739
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405740
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under Section 71.001 of the Code, which allows the Department to quarantine an area if it determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area out-side the state; Section 71.002 of the Code, which allows the Department to quarantine an area if it determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state; and Section 71.007 of the Code, which allow the Department to adopt rules necessary for the protection of the state's agricultural and horticultural interests.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405741
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The repeals are under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code, as necessary. The repeals are further authorized under Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adopted repeals is Texas Agriculture Code, Chapter 71.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405762
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The amendments are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are further adopted under 71.002 of the Code, which allows the Department to quarantine an insect pest or plant disease the Department determines as dangerous that is not widely distributed in Texas; Section 71.005 of the Code, which requires the Department to prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and Section 71.007 of the Code, which allows the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area, and preventing entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.
The code affected by the adoptions is Chapter 71 of the Texas Agriculture Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405742
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
The new rules in Subchapter Y are adopted under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code, as necessary, and Code, §§71.001 and 71.002, which authorizes the Department to establish quarantines against in-state and out-of-state diseases and pests; and §71.007, which authorizes the Department to adopt rules as necessary to protect agricultural and horticultural interests, including rules to provide for specific treatment of quarantined articles.
Chapter 71 of the Texas Agriculture Code is affected by the adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 22, 2024.
TRD-202405743
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 12, 2024
Proposal publication date: May 24, 2024
For further information, please call: (512) 463-6591
CHAPTER 40. CHRONIC WASTING DISEASE
The Texas Animal Health Commission (Commission) in a duly noticed meeting on November 12, 2024, adopted amendments to §40.6, concerning CWD Movement Restriction Zones. Section 40.6 is adopted without changes to the proposed text published in the August 23, 2024, issue of the Texas Register (49 TexReg 6345) and will not be republished.
JUSTIFICATION FOR RULE ACTION
The purpose of this chapter is to prevent and control the incidence of chronic wasting disease (CWD) in Texas by seeking to reduce the risk of interstate and intrastate transmission of CWD in susceptible cervid species. The Commission adopts amendments to §40.6 to eliminate surveillance zones and add two new containment zones based on high-risk CWD exposure. These amendments will provide more targeted surveillance and reduce the risk of CWD being spread from areas where it may exist while eliminating unnecessary restrictions from other areas.
CWD is a degenerative and fatal neurological communicable disease recognized by the veterinary profession that affects susceptible cervid species. CWD poses a serious threat to livestock and exotic livestock that the Commission is charged with protecting. CWD can spread through natural movements of infected animals and transportation of live infected animals or carcass parts. Specifically, prions are shed from infected animals in saliva, urine, blood, soft‑antler material, feces, or from animal decomposition, which ultimately contaminates the environment in which CWD susceptible species live. CWD has a long incubation period, so animals infected with CWD may not exhibit clinical signs of the disease for months or years after infection. The disease can be passed through contaminated environmental conditions and may persist for a long period of time. Currently, no vaccine or treatment for CWD exists.
The purpose of the movement restriction zones is to both increase surveillance and reduce the risk of CWD being spread from areas of high risk where it may exist. As required by §40.6(g), the Commission reviewed the movement restriction zones and recommends the modifications as stated herein.
HOW THE RULES WILL FUNCTION
The amendments to §40.6(a) eliminate the definition of "CWD Surveillance Zone (SZ)" and other references to surveillance zone throughout the definitions.
The amendment to §40.6(b)(1)(I) would add a new containment zone in Coleman County in response to the detection of CWD in a free‑range white‑tailed deer in that county.
The amendments to §40.6(b)(1)(J) would add a new containment zone in Collingsworth County in response to high-risk elk from an adjacent farm.
The amendments to §40.6(b)(2) would eliminate all surveillance zones.
The amendments to §40.6(d) would eliminate requirements associated with surveillance zones.
The amendments to §40.6(e) would eliminate carcass movement requirements for surveillance zones.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended September 22, 2024.
During this period, the Commission received comments from five individuals and a comment from the Texas Deer Association. A summary of comments relating to the rules and the Commission's responses follows.
Comment: Five individual commenters were generally supportive of the Commission's proposal to remove surveillance zones. One commenter noted that more targeted surveillance is still needed. Another commenter expressed that containment zones should be made as small as possible.
Comment: Texas Deer Association commented it supports elimination of surveillance zones but opposes the size of the proposed containment zones in Coleman and Collingsworth counties. TDA suggested the containment zone should be limited to the size of the property of detection.
Response: The Commission thanks the commenters and TDA for the feedback. The Commission declines to further amend the rule. No changes were made as a result of these comments.
STATUTORY AUTHORITY
The amendments to §40.6 within Chapter 40 of the Texas Administrative Code are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code.
The Commission is vested by statute, §161.041(a), titled "Disease Control," to protect all livestock, exotic livestock, domestic fowl, and exotic fowl from disease. The Commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl, even if the agent of transmission is an animal species that is not subject to the jurisdiction of the Commission.
Pursuant to §161.0415, titled "Disposal of Diseased or Exposed Livestock or Fowl," the Commission may require by order the slaughter of livestock, domestic fowl, or exotic fowl exposed to or infected with certain diseases.
Pursuant to §161.0417, titled "Authorized Personnel for Disease Control," the Commission must authorize a person, including a veterinarian, to engage in an activity that is part of a state or federal disease control or eradication program for animals.
Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.
Pursuant to §161.047, titled "Entry Power," Commission personnel are permitted to enter public or private property for the performance of an authorized duty.
Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Product," the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or non‑communicable disease.
Pursuant to §161.049, titled "Dealer Records," the Commission may require a livestock, exotic livestock, domestic fowl, or exotic fowl dealer to maintain records of all livestock, exotic livestock, domestic fowl, or exotic fowl bought and sold by the dealer. The Commission may also inspect and copy the records of a livestock, exotic livestock, domestic fowl, or exotic fowl dealer that relate to the buying and selling of those animals. The Commission, by rule, shall adopt the form and content of the records maintained by a dealer.
Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception," the Commission, by rule, may regulate the movement of animals. The Commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. The Commission is authorized, through §161.054(b), to prohibit or regulate the movement of animals into a quarantined herd, premises, or area. The executive director of the Commission is authorized, through §161.054(d), to modify a restriction on animal movement, and may consider economic hardship.
Pursuant to §161.0541, titled "Elk Disease Surveillance Program," the Commission, by rule, may establish a disease surveillance program for elk. Such rules include the requirement for persons moving elk in interstate commerce to test the elk for chronic wasting disease. Additionally, provisions must include testing, identification, transportation, and inspection under the disease surveillance program.
Pursuant to §161.0545, titled "Movement of Animal Products," the Commission may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material. The Commission, by rule, may provide terms and conditions for the issuance, renewal, and revocation of a certification under this section.
Pursuant to §161.056(a), titled "Animal Identification Program," the Commission may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program to provide for disease control and enhance the ability to trace disease‑infected animals or animals that have been exposed to disease. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.
Pursuant to §161.057, titled "Classification of Areas," the Commission may prescribe criteria for classifying areas in the state for disease control based on sound epidemiological principals and may prescribe control measures for classification areas.
Pursuant to §161.058, titled "Compensation of Livestock or Fowl Owner," the Commission may pay indemnity to the owner of livestock or fowl if necessary to eradicate the disease.
Pursuant to §161.060, titled "Authority to Set and Collect Fees," the Commission may charge a fee for an inspection made by the Commission as provided by Commission rule.
Pursuant to §161.061, titled "Establishment," if the Commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state or among livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, or a place in this state or livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl are exposed to one of those diseases or any agent of transmission of one of those diseases, the Commission shall establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The Commission may, through §161.061(c), establish a quarantine to prohibit or regulate the movement of any article or animal the Commission designates to be a carrier of a disease listed in Section 161.041 or a potential carrier of one of those diseases, if movement is not otherwise regulated or prohibited for an animal into an affected area, including a county district, pasture, lot, ranch, field, range, thoroughfare, building, stable, or stockyard pen.
Pursuant to §161.0615, titled "Statewide or Widespread Quarantine," the Commission may quarantine livestock, exotic livestock, domestic fowl, or exotic fowl in all or any part of this state as a means of immediately restricting the movement of animals potentially infected with disease and shall clearly describe the territory included in a quarantine area.
Pursuant to §161.065, titled "Movement from Quarantined Area; Movement of Quarantined Animals," the Commission may provide a written certificate or written permit authorizing the movement of animals from quarantined places. If the Commission finds animals have been moved in violation of an established quarantine or in violation of any other livestock sanitary la w, the Commission shall quarantine the animals until they have been properly treated, vaccinated, tested, dipped, or disposed of in accordance with the rules of the Commission.
Pursuant to §161.081, titled "Importation of Animals," the Commission may regulate the movement of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country. The Commission, by rule, may provide the method for inspecting and testing animals before and after entry into this state, and for the issuance and form of health certificates and entry permits.
Pursuant to §161.101, titled "Duty to Report," a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the disease, if required by the Commission, among livestock, exotic livestock, bison, domestic fowl, or exotic fowl to the Commission within 24 hours after diagnosis of the disease.
Pursuant to §161.148, titled "Administrative Penalty," the Commission may impose an administrative penalty on a person who violates Chapter 161 or a rule or order adopted under Chapter 161. The penalty for a violation may be in an amount not to exceed $5,000.
The proposed rules in this chapter for adoption do not affect other statutes, sections, or codes.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 20, 2024.
TRD-202405657
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: December 10, 2024
Proposal publication date: August 23, 2024
For further information, please call: (512) 839-0511