PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
The Texas Department of Agriculture (Department) proposes 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 B (Burrowing Nematode Quarantine), §19.23 (Restrictions); 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 Department also proposes 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).
In addition, the Department proposes new Title 4, Chapter 19, Subchapter Y, Cottonseed Bug Quarantine, §§19.623 - 19.626, concerning a quarantine for a dangerous plant pest, the cottonseed bug, Oxycarenus hyalinipennis. The new sections are proposed to establish requirements and restrictions necessary to address dangers posed by the potential introduction of cottonseed bug in Texas.
The cottonseed bug is widely distributed in Africa, Asia, Europe, in the Caribbean Basin and South America. In 2010 it was detected in Florida and subsequently eradicated in 2014. In 2019, cottonseed bug was found in Los Angeles County and shortly thereafter in Orange, Riverside and San Diego Counties of California.
The United States plays a vital role as a key producer and exporter of cotton, with 35 percent of global cotton export. Texas ranks first in cotton production in the U.S. and accounts for approximately one-half of the cotton acres and roughly 40% of the total production in the country. Cotton is the leading cash crop in the state and is grown on five million acres, generating $1.6 billion in cash for farmers, with a total economic impact of $5.2 billion for the state.
Cottonseed bug is considered a major pest of cotton and poses a significant risk to cotton in Texas and other cotton producing states. Cottonseed bug causes substantial damage to cotton by sucking seed contents, reproducing in cotton bolls, and staining lint in the field and at processor. It is one of the world's worst cotton pests with dire international trade implications.
The proposed 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 proposed amendments to §19.1 remove definitions for "certified regulated article," "non-certified regulated article," and "insect 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 proposed 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 proposed 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 proposed amendments to §19.5 add Department contact information for those wanting to obtain applications for phytosanitary growing season inspections.
The proposed 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 proposed amendment to §19.50 updates the name of the quarantined organism to "Lethal Bronzing of Palms" to account for its new name.
The proposed 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 proposed amendment to §19.52 clarifies 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 proposed amendment to §19.60 clarifies that the quarantined pest is a disease caused by Candidatus Phytoplasma palmae or phytoplasma 16SrIV-A.
The proposed amendments to §19.61 update the out-of-state quarantined areas for Date Palm Lethal Decline.
The proposed 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 proposed amendments to §19.73 make a reference to the Department "department" because the term "department" is generally used throughout Title 4, Part 1, and correct grammatical errors.
The proposed 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 proposed 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 proposed amendments to §19.103 correct grammatical errors and make editorial changes to language to improve the rule's readability.
The proposed amendments to §19.113 remove unnecessary language, correct grammatical errors, and make editorial changes to language to improve the rule's readability.
The proposed 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 proposed 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 proposed amendments to §19.171 remove unnecessary language and make editorial changes to language to improve the rule's readability.
The proposed 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 "quarantined infested areas."
The proposed 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 proposed amendments to §19.174 specify a reference to the sapote fruit fly and correct a grammatical error.
The proposed amendments to §19.175 changes the language of the rule to align with §19.504 of this chapter (relating to Restrictions on Movement of Articles Subject to the Quarantine). The current language of the rule contains unnecessary, inapplicable provisions for quarantined non-infested areas. Likewise, the rule contains obsolete provisions involving fumigation protocols no longer in existence. The rule's applicable provisions are consistent with those in §19.504 but expressed with less clarity. In addition, §19.504 also contains 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 proposed amendments to §19.176 update a reference to the United States Department of Agriculture.
The proposed 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 proposed amendments to §19.622 correct the address of the Department's Valley Regional Office and remove unnecessary language.
The proposed repeal of §19.91 is proposed because, per 85 Fed. Reg. 61806 and as of November 2, 2020, the United States Department of Agriculture (USDA) removed 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. This action followed the USDA's determination that its regulatory program was ineffective in slowing the spread of pine shoot beetles and reducing damage, which the USDA found to be minimal. The USDA determined this removal would provide flexibility to states in managing pine shoot beetles.
The proposed repeal of §19.177 is appropriate and necessary to remove redundant language that is identical to that contained within state statute namely, Sections 12.020, 71.009, 71.012, 71.013, 71.009, and 71.0092 of the Texas Agriculture Code (Code).
The proposed repeal of §19.178 is proposed because its provisions are included verbatim in Section 71.010 of the Code and consequently are unnecessary.
The Department proposes the establishment of new 4 TAC Part 1, Chapter 19, Subchapter Y, Cottonseed Bug Quarantine comprised of §§19.623 - 19.626. New §19.623 defines the quarantined pest as the cottonseed bug.
New §19.624 defines the quarantined areas and outline 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.
The proposed amendments, proposed repeals, and proposed new subchapter are collectively referred to as the "proposal."
LOCAL EMPLOYMENT IMPACT STATEMENT: The Department has determined that the proposal will not affect a local economy so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.
GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, the Department provides the following Government Growth Impact Statement for the proposal. For each year of the first five years the proposal will be in effect, the Department has determined the following:
(1) the proposal will not create or eliminate a government program;
(2) implementation of the proposal will not require the creation or elimination of existing employee positions;
(3) implementation of the proposal will not require an increase or decrease in future legislative appropriations to the Department;
(4) the proposal will not require an increase or decrease in fees paid to the Department;
(5) the proposal does not create a new regulation;
(6) the proposal will not expand, limit, or repeal an existing regulation;
(7) the proposal will not increase or decrease the number of individuals subject to the rules; and
(8) the proposal will not affect this state's economy.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Mr. Awinash Bhatkar, the Coordinator for Biosecurity and Agriculture Resource Management, has determined that for the first five-year period the proposal is in effect, there will be minimal or no fiscal implications for the state or local governments as a result of enforcing or administering the proposal.
PUBLIC BENEFITS AND PROBABLE ECONOMIC COST: Mr. Bhatkar has determined that for each year of the first five-year period the proposal is in effect, the public benefit will be the elimination of rules that will no longer be administered by the Department, and increased consumer protection due to updates to the chapter to reflect current Department efforts at enforcing quarantines, and relatedly, through the improved readability and clarity of this chapter. In addition, Mr. Bhatkar has determined that the public benefit related to new Subchapter Y will be increased consumer protection through safeguarding the production and export of cotton products from cottonseed bug. Mr. Bhatkar has also determined that for each year of the first five-year period the proposal is in effect, there will be no costs to persons who are required to comply with the proposal.
FISCAL IMPACT ON SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES: The Department has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposal, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.
Written comments on the proposal may be submitted by mail to Liat DeVere, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to liat.devere@texasagriculture.gov. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
SUBCHAPTER A. GENERAL QUARANTINE PROVISIONS
The amendments are proposed 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 proposed 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 proposed amendments are Chapters 12 and 71 of the Texas Agriculture Code.
§19.1.Definitions.
In addition to the definitions set out in the Texas Agriculture Code and the Texas Administrative Code, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (2) (No change.)
[(3) Certified regulated article--A
regulated article, under a given subchapter of this chapter, produced
in a facility certified by the department, according to program standards,
and maintained under program-defined conditions that prevent exposure
to pests and diseases.]
(3) [(4)] Compliance Agreement--A
written signed agreement in which a person engaged in propagating,
producing, growing, distributing, or selling or moving quarantined
articles agrees to comply with conditions specified in the agreement.
(4) [(5)] Core area--Within a
given quarantined area, a defined area surrounding a location where
one or more quarantined pests have been detected.
(5) [(6)] Day degree--A unit
of measurement equal to the amount of heat required to further the
development of an insect or other arthropod through its life cycle.
Day-degree life cycle requirements are calculated through a modeling
process that is specific to each species.
(6) [(7)] Distribute--Offer for
sale or lease, hold for sale or lease, sell, lease, barter, offer
to buy, buy, offer to supply, or supply.
(7) [(8)] Free Area--An area
not quarantined for a pest or disease.
(8) [(9)] Fruit fly or fruit
flies--The Mexican fruit fly, Caribbean [Mediterranean]
fruit fly, sapote fruit fly, or West Indian fruit fly, or any other
species in family Tephritidae.
(9) [(10)] Host--Any plant or
plant product designated in the quarantine upon or in which the quarantined
pest completes its life cycle or is dependent for completion of any
portion of its life cycle.
(10) [(11)] Infested--Officially
determined to be contaminated by a pest using methods prescribed by
the department.
[(12) Insect exclusionary cover--A
bag, box, enclosure, structure or other cover that prevents Asian
citrus psyllids from coming into contact with a regulated article;
the openings of any incorporated screen mesh shall not exceed 0.3
square millimeters.]
[(13) Mediterranean fruit fly or Medfly-The insect, Ceratitis capitata (Weidemann), in any stage of development.]
(11) [(14)] Mexican fruit fly
or Mexfly--The insect, Anastrepha ludens (Loew),
in any stage of development.
(12) [(15)] Move--To ship, offer
for shipment, receive for transportation, carry, or otherwise transport,
move, or allow to be moved.
[(16) Non-certified regulated article-Any
regulated article that is not a certified regulated article.]
[(17) Oriental fruit fly--The insect, Bactrocera dorsalis (Hendel), in any stage of development.]
[(18) Peach fruit fly--The insect, Anastrepha zonata (Saunders), in any stage of development.]
(13) [(19)] Permit--In addition
to its ordinary meaning, a permit shall include any authorized state
or federal quarantine compliance stamp, limited permit, or trip ticket.
(14) [(20)] Person--Any individual,
partnership, corporation, association, joint venture, or other legal entity.
(15) [(21)] Pest--All living
stages of the insect, disease, or other pest organism of plants or
plant products against which the quarantine is directed.
(16) [(22)] Phytosanitary certificate
[Certificate]--A document issued by the department
regarding the pest condition of plants, parts of plants or plant products
required for movement within this state or by other states or foreign
countries for such products exported from this state.
(17) [(23)] Phytosanitary growing
season inspection certificate [Growing Season Inspection
Certificate]--A document issued by the department regarding
the pest condition of field grown crops.
(18) [(24)] Plant Protection
and Quarantine or PPQ--The organizational unit within APHIS that has
been delegated responsibility for enforcing provisions of the Plant
Protection Act and related legislation, quarantines, and regulations.
(19) [(25)] Quarantined area [Area]--A described area declared by the department to be subject
to requirements and restrictions of a given quarantine.
(20) [(26)] Quarantined article
[Article]--Any article of any character as described
in the quarantine carrying or capable of carrying the quarantined pest.
(21) [(27)] Quarantined pest [Pest]--The plant pest against which a given quarantine is directed.
(22) [(28)] Regulated article [Article]--Any article so specified in a given quarantine and
therefore subject to quarantine requirements and restrictions.
(23) [(29)] Sapote fruit fly--The
insect, Anastrepha serpentina, in
any stage of development.
(24) [(26)] USDA--The United
States Department of Agriculture.
(25) [(30)] West Indian fruit
fly--The insect, Anastrepha obliqua (Macquart),
in any stage of development.
[(31) West Indian fruit fly--The insect,
Anastrepha obliqua (Macquart), in any stage of development.]
§19.2.Inspection Certificates.
(a) (No change.)
(b) An inspection certificate may be issued if the quarantined articles:
(1) (No change.)
(2) have been inspected and are free of insect pests
and diseases; [and]
(3) (No change.)
(c) - (d) (No change.)
(e) The department hereby adopts the standards included
in the U.S. Domestic Japanese Beetle Harmonization Plan (Plan) [approved by the National Plant Board at its Grand Rapids, Michigan
meeting held on August 19, 1998]. Nursery products and/or floral
items shipped from other states into Texas must adhere to the requirements
listed in the [U.S. Domestic Japanese Beetle Harmonization]
Plan. The Plan [plan] provides specific additional
declaration to be entered on phytosanitary certificates accompanying
the shipments. The declaration mentions the procedure used in reducing
the risk of Japanese beetle introduction. A shipment without appropriate
additional declaration on the accompanying phytosanitary certificate
shall be subject to seizure or stop-sale order and may require treatment,
destruction, or, if feasible, returning to point of origin. A copy
of the harmonization plan may be obtained from [at]
the Plant Quality Program, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711.
(f) (No change.)
§19.3.Inspection and Testing Fees.
(a) The department shall collect an inspection fee
of $30 for the issuance of a state phytosanitary or a growing season
inspection certificate. The department shall collect the same amount
of certification and administrative fees as established by USDA [U.S. Department of Agriculture] to issue the federal phytosanitary
certificates. Information on the phytosanitary certification fees
can be obtained by contacting the Plant Quality Program, Texas
Department of Agriculture, P.O. Box 12847, Austin, Texas 78711 [department at 1-800 TELL-TDA (1-800-835-5832)] or a local USDA
[United States Department of Agriculture] Animal
and Plant Health Inspection Service office. Fields designated for
genetic identity by the department are exempt from the fee. In addition,
the department shall collect $30 per sample for nematode laboratory analysis.
(b) (No change.)
§19.5.Phytosanitary Growing Season Inspection.
(a) (No change.)
(b) An application for a growing season inspection
accompanied by a field location map shall be submitted to the department
no later than 40 days after planting. The application can be obtained
from the Plant Quality Program, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711 [department].
Failure to submit the application prior to the deadline may result
in denial of the application.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402133
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments 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) (No change.)
(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 nematode not more than two months prior to shipment and protected from nematode infestation until shipped. A laboratory analysis report should accompany the shipment. Co-mingling 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 the free of burrowing nematode.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402134
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.50.Quarantined Pest.
The quarantined pest is the disease, [Date] Palm
Lethal Bronzing or Lethal Decline[, which is]
caused by phytoplasma 16SrIV-D.
§19.51.Geographical Areas Subject to the Quarantine.
(a) Quarantined areas. State of Florida and parishes
of East Baton Rouge, Iberia, Jefferson, Orleans and West Baton Rouge
of Louisiana. Areas of Texas [Those areas] described
as quarantined areas on the department's Lethal Bronzing of Palms [Date Palm Lethal Decline] Quarantine web page (http://www.TexasAgriculture.gov)
are declared to be quarantined areas.
(1) - (2) (No change.)
(b) Core areas. Those areas described as core areas
on the department's Lethal Bronzing of Palms [Date
Palm Lethal Decline] Quarantine web page (http://www.TexasAgriculture.gov)
are declared to be core areas. Core areas shall be drawn so as to
include an area approximately one mile around each latitude-longitude
location where an infected tree has been found.
(c) Designation or modification of a quarantined area
or a core area is effective upon the posting of the notification of
the quarantined area or core area on the department's Lethal
Bronzing of Palms [Date Palm Lethal Decline] Quarantine
web page (http://www.TexasAgriculture.gov).
§19.52.Quarantined Articles.
(a) The quarantined pest is a quarantined article, including any species determined to be a vector of the disease.
(b) All parts of the following figure [Canary
Island date palm, Phoenix canariensis; silver
date palm, Phoenix sylvestris; queen
palm, Syagrus romanzoffiana; cabbage
palm or sabal palm, Sabal palmetto; and
the date palm, Phoenix dactylifera]
are quarantined.
Figure: 4 TAC §19.52(b) (.pdf)
(c) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402135
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.60.Quarantined Pest.
The quarantined pest is the disease, Lethal Yellowing caused by Candidatus phytoplasma palmae or phytoplasma 16SrIV-A.
§19.61.Quarantined Areas.
The quarantined areas are the entire state of Florida, the
Commonwealth of Puerto Rico, [and] the Territory of Guam,
East Baton Rouge, Iberia, Jefferson, Orleans and West Baton Rouge
parishes of Louisiana.
§19.62Quarantined Articles.
(a) The quarantined pest is a quarantined article, including leafhopper vector Haplaxius (Myndus) crudus, and sod species infested with Haplaxius crudus or any other species determined to be a vector of the disease.
(b) The following articles are quarantined:
Figure: 4 TAC §19.62(b) (.pdf)
[Figure: 4 TAC §19.62(b)]
[(c) Any plant determined to be a
host of this disease is quarantined.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402136
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.73.Restrictions.
(a) - (b) (No change.)
(c) Exceptions. Quarantined articles may enter Texas if:
(1) accompanied by a certificate, issued by and bearing
the signature of an authorized representative of the origin state's
department of agriculture, certifying that such quarantined articles
were inspected and found to be apparently free of European Brown Garden
Snail; [or]
(2) accompanied by a certificate authorized by a compliance agreement which:
(A) is on file with the department [Texas
Department of Agriculture];
(B) - (C) (No change.)
(D) requires inspection by an authorized representative
of the origin state's department of agriculture on at least a semiannual
basis; [.]
(3) - (4) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402137
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.81.Adoption of Federal Quarantine.
The department hereby adopts by reference the federal
qypsy month quarantine found at [Federal Gypsy Moth Quarantine
as adopted by the United States Department of Agriculture,]
7 Code of Federal Regulations, Part 301.45 through 301.45-12. A copy
of the regulation may be obtained from [at]
the Plant Quality Program, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402145
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The repeal is proposed 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 proposed 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 proposed repeal is Chapter 71 of the Texas Agriculture Code.
§19.91.Adoption of Federal Quarantine.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402151
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.101.Quarantined Areas.
[(a)] The department hereby adopts by reference
as quarantined areas those counties in Texas, or portions thereof,
listed as quarantined [regulated] areas in the
most current federal imported fire ant quarantine [as adopted
by the United States Department of Agriculture, and found] at
7 Code of Federal Regulations, Part 301.81-3. A copy of
the regulation may be obtained through a link provided in the
regulation or from [at] the Plant Quality Program, Texas
Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
[(b) In addition to the areas described
in subsection (a) of this section, Archer, Baylor, Brooks, Brown,
Cameron, Callahan, Clay, Coke, Coleman, Concho, Crane, Crockett, Delta,
Dimmit, Duval, Ector, Fisher, Haskell, Hidalgo, Howard, Irion, Jack,
Jones, Kenedy, Kimble, Kinney, Lamar, La Salle, Mason, Martin, Maverick,
McCulloch, Midland, Mills, Mitchell, Montague, Nolan, Palo Pinto,
Reagan, Red River, Runnels, San Saba, Schleicher, Scurry, Shackelford,
Starr, Stephens, Terrell, Throckmorton, Upton, Val Verde, Ward, Webb,
Wilbarger, Willacy, Winkler, Young, and Zavala counties in Texas,
and the area of the City of Lubbock located within Highway 27 to the
East, Ursuline Street to the North, Milwaukee Street to the West and
98 Street to the South are quarantined.]
§19.103.Restrictions.
(a) General. Quarantined articles from [the]
quarantined areas [area] are prohibited entry
into or through the free areas of Texas, except as provided in subsections
(b) and (c) of this section.
(b) Exemptions. The following quarantined articles are exempt from permit requirements:
(1) - (4) (No change.)
(5) stumpwood, if free of excessive amounts of soil;
provided the railroad loading site has been treated and the stumpwood
is consigned to a designated plant; [and]
(6) used mechanized soil-moving equipment, if free of quarantined articles; and
(7) other articles [exemptions may
be granted] upon departmental review.
(c) Exceptions. Shipments from quarantined areas are allowed entry into or through the free areas under the following conditions.
(1) (No change.)
(2) Phytosanitary certificates or permits may be issued by an inspector or under the authority of a compliance agreement if the quarantined articles:
(A) have originated in certified imported fire ant-free
[ant free] premises in a quarantined area and have
not been exposed to infestation while within the quarantined area;
[or]
(B) upon examination, have been found to be free of
infestation; [or]
(C) - (D) (No change.)
(3) Phytosanitary certificates or permits shall be securely attached to the outside of the container in which the quarantined articles are moved except where the certificate or permit is attached to the shipping document and the quarantined articles are adequately described on the shipping document or on the certificate or permit.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402146
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.113.Restrictions.
(a) (No change.)
(b) Exemptions. The following quarantined articles are exempt from the restrictions of this subchapter:
(1) (No change.)
(2) grain comprised of packages less than 10 pounds
and free from portions [portion] of plants or
fragments capable of harboring the European Corn Borer;
(3) - (7) (No change.)
(8) divisions without stems of the previous year's
growth, seedling plants, rooted cuttings, and cut flowers of ornamental
plants listed in §19.112(b)(3) of this subchapter (relating to
Quarantined Articles) if shipped during the period between November 30 [30th] to May 1 [1st]; and
(9) quarantined articles destined for [to]
a processing facility [may be granted an exemption] upon
departmental review.
(c) Exceptions.
(1) A quarantined article may be shipped into a free area in Texas if it is accompanied by a certificate issued by an authorized representative of the origin state's department of agriculture certifying that the article has met one of the following conditions:
(A) the quarantined article was a product of a state
not listed as quarantined in this subchapter, and the quarantined
article has been maintained to assure no blending or mixing with other
quarantined articles produced in or shipped from quarantined areas
described in this subchapter; [or]
(B) grain has been screened through a one-half [1/2] inch or smaller mesh screen, or otherwise processed prior
to loading and is free from stalks, cobs, stems or such portions of
plants or fragments; [or]
(C) the quarantined article has been fumigated in a
manner prescribed by the department; [or]
(D) the quarantined article originated from an approved establishment:
(i) (No change.)
(ii) which has a current compliance agreement with
the originating state department of agriculture; [or]
(E) divisions without stems of the previous year's
growth, seedling plants, rooted cuttings, and cut flowers of ornamental
plants listed in §19.112 (b)(3) of this subchapter [(relating
to Quarantined Articles)], seedling plants and cuttings of Cannabis
spp., and articles listed in §19.112(b)(2) of this subchapter
(relating to Quarantined Articles), if each lot or shipment is inspected
by an authorized representative of the origin state's department of
agriculture and no European Corn Borer is found; [or]
(F) the greenhouse or the growing area where ornamentals with divisions without stems of the previous year's growth, rooted cuttings, seedling plants, or cut flowers were produced, were inspected and no European Corn Borer was found; or
(G) (No change.)
(2) Unfumigated and unscreened grain may be shipped
through the free area of Texas if it is destined to a foreign port
through a port elevator operating under the authority of the Federal
Grain Inspection Service [(FGIS)], provided a certificate
from the state of origin accompanies each shipment stating:
(A) - (C) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402147
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.133.Restrictions.
(a) (No change.)
(b) Exceptions.
(1) - (2) (No change.)
(3) No certificate shall be issued for the shipment
of quarantined articles, except those used for research purposes,
from quarantined areas [area] in Texas to:
(A) a sweet potato weevil-free [weevil
free] area in Texas unless they were produced in a weevil free
area and moved under special permit; or
(B) (No change.)
(4) (No change.)
(c) (No change.)
(d) Bedding, production, and distribution of propagative
sweet potatoes and slips in weevil-free areas [Production,
and Distribution of Propagative Sweet Potatoes and Slips in Weevil
Free Areas].
(1) Only state-certified [state certified]
sweet potato plants may be sold or offered for sale in Texas.
(2) No sweet potato vines, plants, or parts thereof shall be planted within one mile of an infestation which has been found within 12 months of the planting date; except the grower must agree in writing to follow an insecticide treatment program approved by the department.
(3) - (4) (No change.)
(e) Treatment area. An area within one-half mile from
the point of weevil detection at any locations or fields, including
sweet potato fields, sweet potato packing, processing, or
storage facilities, or urban areas is considered to
be [as] a treatment area. Information on the treatment
areas may be obtained from the Plant Quality Program [Regulatory
Programs Division], Texas Department of Agriculture, P.O. Box
12847, Austin, Texas 78711.
(f) - (g) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402148
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 amendment is further proposed 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 outside 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.170.Basis for Quarantine - Dangerous Insect Pest or Plant Disease (Proscribed Biological Entity).
(a) (No change.)
(b) Description of dangerous insect pest or plant disease.
The sapote fruit fly, scientific name Anastrepha
serpentina (Wiedemann) [and also known as the serpentine
fruit fly], is a dangerous pest of the numerous host plants
listed in §19.174 of this chapter [title]
(relating to Articles Subject to the Quarantine). The fly oviposits
in the fruit where the larvae subsequently hatch and begin feeding.
The larvae, feeding inside the fruit, cause damage to the flesh of
the fruit making it unmarketable. The United States Department of
Agriculture [(USDA)], as well as many other states, consider
the sapote fruit fly to be a pest of quarantine significance whose
control and eventual eradication from quarantined areas is imperative.
(c) (No change.)
(d) The department is authorized by [§71.002
of] the Texas Agriculture Code, §71.002, to
establish a quarantine against the dangerous insect pest or plant
disease identified in this section.
§19.171.Duration of the Quarantine.
The quarantine established by this subchapter shall remain
in effect until the sapote fruit fly [dangerous insect
pest or plant disease described in §19.170 of this title (relating
to Basis for Quarantine - Dangerous Insect Pest or Plant Disease (Proscribed
Biological Entity))] is eradicated. The sapote fruit fly shall
be considered eradicated from the quarantined area when no additional
sapote fruit flies are detected for a time period equal to three consecutive
generations after the most recent detection. For the sapote fruit
fly, the number of days required to complete a reproductive cycle, i.e.,
one generation, is dependent upon temperature. Therefore, a
day-degree model will be used to calculate the duration of each consecutive generation.
§19.172.Quarantined Infested
[Geographical] Areas [Subject to the Quarantine].
(a) Quarantined infested areas.
(1) Quarantined infested areas [(infested geographical
areas subject to the quarantine)] are those locations within
this state in which the sapote fruit fly [dangerous
insect pest or plant disease] is currently found, from which
dissemination of the pest or disease is to be prevented, and in which
the pest or disease is to be eradicated.
(2) There are no [The following areas
are declared to be] quarantined infested areas[: None]
at this time.
[(3) A map of the quarantined area
may be obtained by contacting the department's Valley Regional Office,
900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866, fax
(956) 787-6701.]
(b) Creating, modifying, or extending quarantined infested
areas. When five or more adults of the sapote fruit fly are trapped
or otherwise discovered within a time period equal to one fly generation
and within three [3] miles of each other or
a mated female or one larva is trapped or otherwise discovered, a quarantined
infested [quarantine] area shall be established around
the site where the fly was trapped or otherwise discovered. The quarantined
infested area [quarantined] shall consist of an area
of approximately five miles in [5 mile] radius
with the detection site at the center (roughly 80 [81]
square miles).
(c) Core areas. One [In addition to
the quarantined area, one] or more core areas may be established
within each quarantined infested area around a detection
site. Each core area shall consist of an approximately one [1.0] square mile area with a detection site at or near the center.
Each approximately square-shaped core area shall be [is]
defined by four GPS coordinates [readings] for
each of its corners [corner of the core area].
Core areas shall be [are] subject to more extensive
monitoring and handling (including transportation and treatment) requirements. There are no [The following areas are declared to be]
core areas[: None] at this time. The establishment
of any core areas shall be published in the Texas Register.
[(d) Core areas are shown on the map
of the quarantined area referred to in subsection (a) of this section.
Additional core areas, if any, shall be published by the department
in the In- Addition section of the Texas
Register as they are established.]
§19.173.Quarantined Non-Infested
[Geographical] Areas [Subject to the Quarantine].
Quarantined non-infested areas [(non-infested geographical
areas subject to the quarantine)] are those locations within
this state in which the sapote fruit fly [dangerous
insect pest or plant disease] is not found and which is surrounded
by quarantined infested areas. There are no [The following
areas are declared to be] quarantined non-infested areas[:
None, in this instance and] at this time.
§19.174.Articles Subject to the Quarantine.
An article subject to the quarantine, or regulated article,
is an item the handling of which is controlled, regulated, or restricted
by Chapter 71 of the Texas Agriculture Code, this subchapter, and
any department orders issued pursuant to these rules and Chapter 71,
in order to prevent dissemination of the sapote fruit fly [dangerous insect pest or plant disease] to areas located outside
a quarantined infested area or into a quarantined non-infested area.
The following articles are subject to the quarantine.
(1) (No change.)
(2) the fruit, at any stage of development, of all of the following plants, listed by common name with genus and species in parentheses, when grown, harvested, processed, or otherwise handled within or transported through the quarantined area:
(A) - (U) (No change.)
(V) Sapote (Pouteria sapota); and
(W) (No change.)
(3) - (5) (No change.)
§19.175.Restrictions on Movement of Articles Subject to the Quarantine.
(a) A regulated article shall not be moved into, within, out of, or through a quarantined infested area except as specified in this subchapter.
(b) Movement of regulated articles that are detached fruit.
(1) Regulated articles that are detached fruit may be moved into, within, out of, or through a quarantined infested area only if:
(A) the grower, transporter and processor have entered into a compliance agreement with the department or the USDA; and
(B) the fruit is treated and handled in accordance with the requirements set forth in the compliance agreement; and
(C) the fruit is accompanied by documentation of:
(i) treatment required by either this subchapter or a compliance agreement; and
(ii) the origin of the regulated articles.
(2) Detached fruit carried in a part of a conveyance or equipment that is open to the outside environment must be covered by a tarpaulin, plastic sheet, or other covering sufficient to prevent the quarantined pest from contacting the fruit.
(3) Detached fruit processed to commercial standards and free of the quarantined pest may be transported into, within, out of or through a quarantined infested area, either in an enclosed vehicle or under complete cover that does not allow exposure of the regulated article to the quarantined pest.
(4) Detached fruit or other regulated articles originating outside a quarantined infested area and transported without being either enclosed or under cover that prevents exposure of the fruit to the quarantined pest, shall be subject to all restrictions and requirements as are regulated articles originating in the quarantined infested area.
(c) A person who transports a regulated article into, within, out of, or through a quarantined infested area shall ensure that non-infested regulated articles do not become infested and that the quarantined pest is not spread within the quarantined area or moved out of the quarantined infested area.
(d) Regulated articles other than detached fruit shall not be moved except under the provisions of a written notice issued by the department or the USDA or a written compliance agreement between the person and the department or the USDA.
(e) Exception. Any quarantined pest that has been rendered sterile or that is being moved as part of a regulatory or other official activity of the department or of the USDA is exempt from the requirements and restrictions of this subchapter.
[(a) In General.]
[(1) A regulated article originating within a quarantined infested area may not be moved outside the infested area except as otherwise provided by these rules.]
[(2) A regulated article originating outside a quarantined non- infested area may not be moved into the non-infested area except as otherwise provided by these rules.]
[(3) In order to prevent the movement of regulated articles, including the dangerous insect pest or plant disease, from a quarantined area into a non-quarantined area, as required by Section 71.005(a) of Chapter 71 of the Texas Agriculture Code, a person that transports a regulated article through or within an infested area using a motor vehicle, railcar, or other conveyance capable of transporting the regulated article outside the infested area, is subject to the requirements of subsection (c) of this section.]
[(b) Conditions Under Which Regulated Articles May Be Moved Out of an Infested Area. Plants that are regulated articles shall not be moved outside the quarantined infested area with fruit attached. Detached fruit originating within a quarantined infested area may be moved outside the infested area if:]
[(1) the fruit is covered by a tarpaulin or other approved covering and taken directly to and segregated in an approved packing house or other approved treatment facility and fumigated as prescribed in the Texas Valley Mexican Fruit Fly Protocol 2005, a copy of which may be obtained at the department's Valley Regional Office, 900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866, fax (956) 787-6701, and the fruit is accompanied by all documentation of origin or treatment required by this subchapter or a compliance agreement with the department or USDA;]
[(2) the grower has entered into a compliance agreement with the department or the USDA, the fruit has been treated and is being handled in accordance with the requirements set forth in the compliance agreement (at the time these rules are published, a compliance agreement requires use of approved bait sprays at 10 to 12 day intervals, or a shorter or longer period upon receipt of written notice from the department or the USDA of the modified treatment interval, starting at least 30 days before harvest and continued through the harvest period), and the fruit is accompanied by all documentation of origin or treatment required by this subchapter or a compliance agreement with the department or USDA; or]
[(3) the fruit is to be moved outside the quarantined area for juicing and the fruit is covered by a tarpaulin or other approved covering and accompanied by all documentation of origin or treatment required by this subchapter or a compliance agreement with the department or USDA].
[(c) Requirements for Transporters of Regulated Articles Within or Through an Infested Area.]
[(1) A person who transports a regulated article within or through an infested area using a motor vehicle, railcar, other conveyance, or equipment capable of transporting the regulated article outside the infested area shall take the following precautions to ensure that the dangerous insect pest or plant disease is not disseminated outside the quarantined area and that non-infested regulated articles do not become infested by virtue of transport within or through the infested area: if carried in a part of the conveyance or equipment that is open to the outside environment, detached fruit must be covered by a tarpaulin, plastic sheet, or other covering sufficient to prevent the sapote fruit fly from contacting the fruit; regulated articles other than detached fruit shall not be moved within or through the quarantined area unless handled in accordance with the provisions of a written notice issued by the department or the USDA or a written compliance agreement between the person and the department or the USDA]
[(2) Regulated articles originating outside the quarantined area and transported through the quarantined area in an open part of a conveyance or piece of equipment and without an appropriate covering shall be treated the same under this subchapter as regulated articles originating in the quarantined area and shall be handled according to the procedures described in subsection (b) of this section and elsewhere in this subchapter.]
[(3) Requirements for Movement into an Non-Infested Area. A regulated article originating outside a quarantined non-infested area may be moved into the non-infested area if: Not applicable.]
§19.176.Monitoring and Eradication of the Dangerous Pest or Plant Disease.
(a) A regulated article located within a core area
shall be monitored, handled, and treated by ground or aerial sprays,
as prescribed in a written notice issued by the department or the United
States Department of Agriculture (USDA) [USDA] or
as specified in a written compliance agreement between the owner or
person in control of the regulated article or the property on which
the regulated article is located.
(b) - (e) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402149
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The repeals are proposed 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 proposed 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 proposal is Texas Agriculture Code, Chapter 71.
§19.177.Consequences for Failure to Comply with Quarantine Restrictions.
§19.178.Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402152
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The amendments are proposed 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 proposed 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 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 proposed amendments is Chapter 71 of the Texas Agriculture Code.
§19.616.Infested Geographical Areas Subject to the Quarantine.
(a) - (b) (No change.)
(c) A map of the quarantined area may be obtained by
contacting the department's Valley Regional Office, 900-B East Expressway 83 [82], San Juan, Texas 78598, (956) 787-8866[,
or by visiting the department's website at: http://www.TexasAgriculture.gov].
§19.622.Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone.
(a) Treatment Requirements:
(1) Interstate sale, distribution or movement. Any
regulated article produced or under production in the citrus zone,
as specified in §21.4 of this title (relating to Citrus Zone),
that is intended for interstate sale, distribution or movement shall
be treated as provided in 7 CFR §301.76, and as specified in
the "Interstate Movement of Citrus and other Rutaceous Plants For
Planting From Areas Quarantined for Citrus Canker, Citrus Greening,
or Asian Citrus Psyllid" as published by the United States Department
of Agriculture, Animal and Plant Health Inspection Service, Plant
Protection and Quarantine. A copy of the requirements may be obtained
by contacting the department's Valley Regional Office, 900-B East
Expressway 83 [82], San Juan, Texas 78598, (956)
787-8866; and
(2) Intrastate sale, distribution or movement. Any regulated article produced or under production in the citrus zone, as specified in §21.4 of this title, that is intended for intrastate sale, distribution or movement, either within or outside of the Citrus Zone:
(A) - (B) (No change.)
(C) A copy of the requirements in this subsection may
be obtained by contacting the department's Valley Regional Office[,
900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866].
(b) - (c) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402150
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591
The new rules in Subchapter Y are proposed 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 proposal.
§19.623.Quarantined Pest.
The quarantined pest is the cottonseed bug, Oxycarenus hyalinipennis, in any life stage.
§19.624.Quarantined Areas.
(a) The counties of Los Angeles, Orange, Riverside, and San Diego and any other infested areas of the State of California, other states, or country.
(b) The department may designate additional or expanded quarantined areas, or a reduction of the quarantined area based upon the confirmation of the presence or absence of the cottonseed bug. The designations will be effective upon the posting of the notification of the quarantined areas on the department's website.
§19.625.Quarantined Articles.
The following articles are quarantined:
(1) The quarantined pest in any of its life stages;
(2) All plant and plant parts of the family Malvaceae including, nursery stock and other living, or dead, cut or fallen fruit, fruiting structures, or seeds;
(3) All equipment used for production and transportation of cotton; and
(4) Quarantined articles in transit through an area infested with cotton seed bug.
§19.626.Restrictions.
(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the State of Texas, except as provided in subsection (b) of this section unless the articles are:
(1) Accompanied by a phytosanitary certificate from the state of origin declaring the articles have been inspected after harvest and found to be free of the cotton seed bug, and the articles have been stored in such a manner to remain free of the cotton seed bug; or
(2) Included in a cooperative agreement with the Texas Department of Agriculture;
(b) Exemptions. Interstate and intrastate movement of regulated articles for scientific or experimental purposes shall be exempt from the provisions of this rule and may move under a compliance agreement and scientific permit, as required.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2024.
TRD-202402153
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 23, 2024
For further information, please call: (512) 463-6591