TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 19. QUARANTINES

Subchapter J. RED IMPORTED FIRE ANT QUARANTINE

4 TAC §19.101

The Texas Department of Agriculture (the Department) adopts an amendment to §19.101(b) concerning red imported fire ant quarantine, without changes to the proposal published in the December 29, 2000 issue of the Texas Register (25 TexReg 12874). The amendment adds Mills County to the areas listed in §19.101 as quarantined.

During March 2000, a detection survey was conducted in Mills County for the presence of red imported fire ant. The results indicated widespread infestation of the pest. The amendment adds Mills County to the list of quarantined areas, thereby restricting the movement of quarantined articles when transported from Mills County to a free area. The amendment will mitigate the risk of introduction of the red imported fire ant from infested areas to free areas of Texas.

No oral or written comments were received concerning the amendment.

The amendment is adopted under the Texas Agriculture Code, § 71.007 which authorizes the department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 14, 2001.

TRD-200100952

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: March 6, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 463-4075