Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 21.
CITRUS
The Texas Department of Agriculture (the department) adopts amendments
to §§21.1- 21.2, §21.6, §21.21, §21.30, §21.34,
and §21.36, all concerning citrus quarantines, citrus quality, or the
citrus budwood certification program, without changes to the proposal published
in the April 11, 2003, issue of
Texas Register
(28
TexReg 3006). The adoption of new §§21.8 and 21.9, which relate
to labeling and record keeping requirements and were included in the proposal,
will be filed separately, to allow for an effective date of January 1, 2004
for those sections only.
Section 21.1 defines terms used in Chapter 21, Subchapter A, and is amended
to include new definitions of the terms "distribute or distribution, regulated
article, retail buyer, seizure, and transport." Section 21.30 defines terms
used in Chapter 21, Subchapter C, and is amended to include new definitions
of the terms "certified budwood and non-certified budwood" and amended definition
of "certified citrus nursery tree."
The amendment to §21.2 is adopted to remove the Asian citrus psyllid
as a quarantined pest. This species was found to be established this year
throughout the Rio Grande Valley of Texas in several locations. Another psyllid
species,
Trioza erytreae
, is added as a quarantined
pest.
The amendments to §21.6 are adopted to allow the citrus industry in
Texas to choose from a larger selection of budwood that is free from pests
and diseases. The acquisition of budwood into Texas can be a lengthy process.
It requires that before budwood can be shipped into Texas, the source must
present a certificate showing all required testing has been completed and
confirmed by a federal or state agency approved by the department. Currently,
only the California Citrus Clonal Protection Program (CCCPP) is exempt from
requirements listed in subparagraphs (A) and (B) of §21.6(c)(4) and is
able to issue a certificate confirming the budwood is pest and disease free.
The adopted revision adds the USDA-ARS National Clonal Germplasm Repository
for Citrus and Dates (USDA-ARS-NCGR) as another entity exempt from subparagraphs
(A) and (B) of §21.6(c)(4) and that will be able to issue a certificate
confirming the budwood is pest and disease free. The amendment to §21.6(c)(4)
allows citrus plants to enter Texas on a temporary basis for display purposes
only, provided they are moved under a special permit issued by the department.
The amendments to §21.21 are adopted to combine the charts used for
juice requirements of seedless and seeded grapefruit varieties. Present day
grapefruit cultivars have fewer seeds and are not considered to be excessively
seedy, therefore the juice requirements for seedless varities of grapefruit
is proposed for use on all grapefruit. Citrus maturity standards are adopted
and in effect during the entire year to ensure citrus offered for sale in
Texas is mature and fit for consumption.
The amendments to §21.34 and §21.36 are adopted to provide further
clarification to proper procedures within the citrus budwood certification
program. The amendment to §21.34 provides for the exchange of budwood
between persons when certified budwood varieties are not yet available from
either the foundation grove or increase block and such budwood has been tested
and found to be free of Tristeza virus. This exchange is limited and cannot
be distributed or resold further. The amendment to §21.36 does not limit
the budwood record keeping requirements to only commercial nurseries. Record
keeping is primarily for tracking the movement of propagative material.
A total of 8 comments, all in favor of the amendments and new sections
were received by the deadline for submitting comments. Commentators identified
themselves as nurserymen, citrus enthusiasts/hobbyists, university researchers,
and some commented anonymously. One commentator asked to exempt citrus grown
on Poncirus trifoliata, commonly known as trifoliate rootstock, from the labeling
and record-keeping requirements. Another commentator asked to exclude trifoliate
hybrids, Carrizo, Swingle and C-35; Cleopatra mandarin; and Volkamer lemon
from the same requirements. The commentators maintained that Tristeza virus
does not affect or kill citrus trees grown on these rootstocks. Further they
claimed that the citrus budwood certification program was developed to protect
the Texas citrus industry mainly from the Tristeza virus. They ascertained
that citrus trees grown using trifoliate rootstock could not be grown in South
Texas, where the state's commercial citrus is cultivated, because of the soil
and water incompatibility. They claimed that a nurseryman would never sell
trifoliate citrus to South Texas markets because the trees would die if planted
in that area.
The department believes that citrus trees grown on the aforementioned trifoliate
rootstock and trifoliate hybrids should not be exempt from the labeling and
record-keeping requirements. The budwood certification program protects the
state's citrus not just from Tristeza virus but also from a number of other
virus and virus-like diseases, including tatterleaf and psorosis, which can
cause injury to trees grown on trifoliate and trifoliate hybrid rootstocks.
In the absence of rootstock sprouts, which usually is the case, it is impossible
to distinguish the type of rootstock used in budding a citrus tree. Furthermore,
a homeowner from the commercial citrus-producing area of Texas, primarily
Cameron, Hidalgo and Willacy Counties, could purchase a tree, for example
from Houston, and potentially infect citrus trees in these counties with diseases
the budwood program intends to prevent. Because Ponicerus and its hybrids
are asymptomatic carriers of Tristeza, exempting them from the labeling and
record- keeping requirements poses a great risk to the entire Texas citrus
industry. In addition, the stem-pitting form of Tristeza affects all rootstocks,
including Poncirus. The department also believes the rule amendments will
protect not only commercial citrus, but also citrus grown by homeowners and
citrus enthusiasts/hobbyists.
One commentator was concerned that due to the current State of Texas budget
shortfall the department may not have sufficient funds for enforcement whereas
other commentator wanted to legally pursue out-of-state businesses that ship
citrus trees into Texas. The department can pursue out-of-state businesses,
but shortage of funds would severely limit such enforcement.
One commentator asked for an approved avenue to import desired cultivars
from the Louisiana State University Agriculture Center. A provision to import
budwood from outside Texas already exists in Title 4, §21.6, of the Texas
Administrative code. If the department determines that the Louisiana State
University's citrus testing program is as robust as the California Citrus
Clonal Protection Program, the department may allow entry of budwood from
the former with lesser restrictions.
One comment asked to randomly test citrus plants from retail and wholesale
businesses for Tristeza and to immediately place a stop-sale on the infected
plants followed by quarantining of the area where the plants originated. While
the concept is admirable it is not practical because the plants need to be
tested not just for Tristeza but also for several virus and virus-like diseases.
Furthermore, the laboratory tests must be verified by indexing plants in a
secure greenhouse, a process that spans over several weeks.
One commentator stated that the current budwood certification program housed
at the Texas A&M University-Kingsville Citrus Center would be inadequate
in meeting the demand for citrus trees and suggested adding a provision for
additional increase blocks maintained by the private sector. The current rules
provide for establishing increase blocks if included as an adjunct to the
foundation block. To date, the department has not received a request from
the private sector for establishment of just increase blocks. However, the
department may add a provision in the rules to do so after consultation with
the Texas Citrus Budwood Advisory Council.
Subchapter A. CITRUS QUARANTINES
4 TAC §§21.1, 21.2, 21.6
The amendments to §§21.1-21.2 and §21.6 are
adopted in accordance with the Texas Agriculture Code (the Code), §71.009,
which provides the department with the authority to adopt rules as necessary
for the seizure, treatment, and destruction of plants, plant products, and
other substances for the effective enforcement and administration of Chapter
71; the Code, §94.003, which provides the department with the authority
to develop and adopt rules related to the requirements of citrus fruit for
human consumption; the Code, §73.002 which provides for the state to
use all constitutional measures to protect the citrus industry from destruction
by pests and diseases; and the Code, §19.006, which provides the department
with the authority to adopt rules necessary to administer the citrus budwood
certification program.
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 June 26, 2003.
TRD-200303945
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 16, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 463-4075
Subchapter B. CITRUS QUALITY