Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Subchapter C. CITRUS BUDWOOD CERTIFICATION PROGRAM
The Texas Department of Agriculture (the department) proposes to amend §21.40, concerning the citrus budwood certification program, to remove three varieties of citrus ("Meyer" lemon, "Thorny Mexican" lime and "Thornless Mexican" lime) from the list of tree varieties that are required to use certified budwood for their production. Section 19.004 of the Texas Agriculture Code (the Code) states that the department and/or the Citrus Budwood Advisory Council (the council) may not require the use of certified citrus budwood until the department and the advisory council determine that an adequate supply of certified citrus budwood is available. The amendments are proposed because the council has determined that demand for the three varieties proposed for removal has increased beyond what can be met by the current supply of certified budwood. The council voted at a recent meeting to request that the department remove "Meyer" lemon, "Thorny Mexican" lime and "Thornless Mexican" lime from the list of mandatory varieties for citrus budwood. The proposed amendments will leave requirements unchanged for six of the nine varieties currently regulated under §21.40.
Dr. Robert L. Crocker, coordinator for pest management, citrus and biotechnology programs, has determined that for the first five-year period the proposed amendments are in effect there will be no anticipated fiscal impact on state or local governments as a result of administration and enforcement of the amended sections, as proposed.
Dr. Crocker also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of administering and enforcing the amended sections is an adequate supply of citrus trees while production capacity for certified budwood of those citrus varieties is being augmented. There will be no costs to individuals, microbusinesses or small businesses required to comply with the amended section.
Comments on the proposal may be submitted to Dr. Robert L. Crocker, Coordinator for Integrated Pest Management, Citrus and Biotechnology Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of the publication of the proposal in the Texas Register.
The amendments to §21.40 are proposed under the Code, §19.004, which directs the department to administer the citrus budwood certification program; and §19.006, which authorizes the department with the advice of the advisory council, to adopt standards and rules necessary to administer the citrus budwood certification program.
The code that is affected by the proposal is Texas Agriculture Code, Chapter 19.
§21.40.Mandatory Varieties.
(a) For purposes of this subchapter, the following citrus tree varieties are designated as mandatory for citrus budwood certification:
(1) Grapefruits--"Rio Red";
(2) Valencia oranges--"Standard", "Olinda";
(3) Navel oranges--"N-33";
(4) Other oranges--"Marrs", "Pineapple";
[(5) Lemons--"Meyer";]
[(6) Limes--"Thorny Mexican", "Thornless Mexican";]
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 2, 2007.
TRD-200701260
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 463-4075