Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 10. SEED CERTIFICATION STANDARDS
Subchapter A. GENERAL REQUIREMENTS
The Texas Department of Agriculture (the department) and the State Seed and Plant Board (the Board) adopt new §10.11, concerning additional requirements for bulk seed sales, without changes to the proposal published in July 6, 2007, issue of the Texas Register (32 TexReg 4164). The new section is adopted to update the sale of bulk seed for certification. New §10.11 also clarifies the standards for genetic seed certification. The department is the certifying agency in the administration of the Seed and Plant Certification Act and is charged with administering and enforcing the standards adopted by the State Seed and Plant Board.
No comments were received regarding adoption of the new rule.
The new section is adopted under the Texas Agriculture Code, §62.002, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity as necessary for the efficient enforcement of agricultural interest and the Texas Agriculture Code, §12.016, which provides the department with the authority to adopt rules for administration of the code.
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 August 16, 2007.
TRD-200703651
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 12, 2007
Proposal publication date: July 6, 2007
For further information, please call: (512) 463-4075
Subchapter S. ASIAN CYCAD SCALE QUARANTINE
The Texas Department of Agriculture (the department) adopts new §§19.200 - 19.203, concerning a quarantine for the Asian cycad scale, Aulacaspsis yasumatsui Takegi, without changes to the proposal published in the July 13, 2007, issue of the Texas Register (32 TexReg 4316). The quarantine is proposed to slow the spread of this pest in the State. The adopted new sections prescribe specific restrictions on the movement of quarantined articles. In Texas, the Asian cycad scales were intercepted in some cycad palms (cycads) imported from Florida during the last two years. These infestations were eliminated either by treating or destroying the infested cycads, the most common hosts of the Asian cycad scale. In September 2006, the Texas Cooperative Extension reported widespread occurrence of the Asian cycad scale in Cameron County, particularly near Harlingen, Texas. Later, the Cooperative Extension reported the presence of this pest from twelve additional Texas counties. A majority of cycads offered for sale in Texas are imported from Florida, whereas approximately five nurseries produce these cycads locally. The Asian cycad scales cause damage by sucking plant fluids. They cause necrosis of leaves and eventually plant death if left uncontrolled. Movement of infested cycads has been identified as the major pathway for the artificial spread of this pest. The department believes that placing restrictions on the movement of quarantined articles from the infested counties of Texas and other states will delay the spread of this pest into free areas of Texas.
Section 19.200 defines the quarantined pest. Section 19.201 lists the Asian cycad scale-infested counties in Texas and other states. Section 19.202 describes the quarantined articles, and §19.203 prescribes requirements for movement of the quarantined articles from the quarantined area to a free area. The department believes that it is necessary to take this action to reduce spread of the Asian cycad scale into free areas of Texas.
In accordance with the Texas Agriculture Code, §71.006, a public hearing was held in Austin, Texas, to take public comment on the proposed Asian cycad scale quarantine rules. The hearing was conducted by Dr. Shashank Nilakhe, State Entmologist. A report was issued after the hearing, in accordance with the requirements of §71.006 of the Texas Agriculture Code, finding that the proposed quarantine is necessary and should be adopted.
One comment on the proposal was provided by a representative of the Texas Nursery and Landscape Association (TNLA) at the public hearing. TNLA is concerned about the damage potential of the Asian cycad scale and is supportive of the quarantine, as proposed.
The new sections are adopted under the Texas Agriculture Code (the Code), §71.002, which provides the department with the authority 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; the Code, §71.003, which provides the department with the authority to declare an area pest-free and quarantine surrounding areas if it determines that an insect pest or plant disease of general distribution in this state does not exist in an area; and the Code, §71.007, which authorizes the department to adopt rules as necessary to protect agricultural and horticultural interests, including rules to provide for a specific treatment of quarantined articles.
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 August 16, 2007.
TRD-200703650
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 5, 2007
Proposal publication date: July 13, 2007
For further information, please call: (512) 463-4075
Chapter 65. COMMERCIAL FERTILIZER RULES
The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist adopts the amendment of Title 4, Part 3, Subchapter A, §65.1 concerning Definitions, and a new section in Subchapter B, §65.6 concerning Distribution of Ammonium Nitrate or Ammonium Nitrate Material without changes to the proposed text as was published in the July 20, 2007, issue of the Texas Register (32 TexReg 4518) and will not be republished.
The changes to the Texas Commercial Fertilizer Rules are made to comply with H.B. 2546 that was passed during the 80th legislative session. In §63.154(b)(1) of this new bill, the Office of the Texas State Chemist is instructed to adopt rules allowing a person to refuse sale of ammonium nitrate and ammonium nitrate material. The adopted rules fulfill that requirement.
No comments were received regarding adoption of the amendment.
Subchapter A. GENERAL PROVISIONS
The amendment to §65.1 is adopted under the Texas Agriculture Code 63, §63.004 which provides Texas Feed and Fertilizer Control Service with the authority to promulgate rules relating to the distribution of commercial fertilizers and will go into effect September 9, 2007.
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 August 20, 2007.
TRD-200703750
Dr. Tim Herrman
State Chemist and Director, OTSC
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Effective date: September 9, 2007
Proposal publication date: July 20, 2007
For further information, please call: (979) 845-1121
The new rule §65.6 is adopted under the Texas Agriculture Code 63, §63.004 which provides Texas Feed and Fertilizer Control Service with the authority to promulgate rules relating to the distribution of commercial fertilizers and will go into effect on September 9, 2007.
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 August 20, 2007.
TRD-200703753
Dr. Tim Herrman
State Chemist and Director, OTSC
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Effective date: September 9, 2007
Proposal publication date: July 20, 2007
For further information, please call: (979) 845-1121