Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
Subchapter U. ASIAN CITRUS PSYLLID QUARANTINE
The Texas Department of Agriculture (the department) adopts on an emergency basis new §§19.410 - 19.413, concerning a quarantine for the Asian citrus psyllid, Diaphornia citri Kuwayama. The Texas Government Code §2001.034, authorizes the department to adopt an emergency rule without prior notice or hearing if a federal law requires the department to adopt a rule on fewer than 30 days notice. The Animal and Plant Health Inspection Service (APHIS) agency of the United States Department of Agriculture (USDA) issued a Federal Order on November 2, 2007, titled "Expansion of the quarantines for citrus greening and Asian citrus psyllids," which quarantines 32 Texas counties for this psyllid insect pest. The Federal Order requires the department to establish a parallel quarantine by December 1, 2007; otherwise APHIS will quarantine the entire state of Texas to prevent the spread of the psylllid to other states. APHIS issued this order under the regulatory authority provided by §412(a) of the Plant Protection Act of June 20, 2000, as amended, 7 United States Code 7712(a).
The Asian citrus psyllid is a relatively new pest in Texas. A statewide survey conducted by the Texas A & M University scientists in 2006 - 2007 showed presence of this psyllid in 32 Texas counties. The psyllid causes damage to citrus crops primarily by transmitting the pathogen, which causes one of the most damaging diseases of citrus called citrus greening. This disease is not known to occur in Texas; however, it occurs in the state of Florida. To avoid APHIS's statewide quarantine, the department believes adoption of a quarantine for 32 counties on an emergency basis, is both necessary and appropriate. The emergency quarantine takes necessary steps to prevent the artificial spread of the psyllid both in the non-infested counties of Texas and into those states into which the Federal Order allows the psyllid host material to enter. Preventing artificial spread of the psyllid into non-infested counties of Texas would delay spread of citrus greening when and if the disease is found in Texas. Furthermore, preventing artificial spread of the psyllid becomes especially important since the disease can remain latent for several years and could be spread without detection.
New §19.410 defines the quarantined pest. New §19.411 designates the infested areas subjected to the quarantine. New §19.412 lists the articles subject to the quarantine. New §19.413 prescribes requirements for movement of the quarantined articles from the quarantined area to a free (non-infested) area. An emergency rule adopted under §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days. The department proposed adoption of this same emergency rule on a permanent basis in a separate submission. The department adopted this emergency quarantine for a period of 120 days beginning on November 29, 2007, published in the December 14, 2007, issue of the Texas Register (32 TexReg 9185) and now wishes to extend the effectiveness of the emergency quarantine to allow the permanent rule to become effective.
The new sections are adopted on an emergency basis under the Texas Agriculture Code, §71.001 and §71.002, which authorize the department to establish quarantines against in-state and out-of-state diseases, §71.004, which authorizes the department to establish emergency quarantines; §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; and the Texas Government Code §2001.034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment.
§19.410.Quarantined Pest.
The quarantined pest is the Asian citrus psyllid, Diaphornia citri Kuwayama, in any living stage of development.
§19.411.Quarantined Areas.
The quarantined areas are:
(1) the states of Florida and Hawaii, the entire territory of Guam and the Commonwealth of Puerto Rico;
(2) the Texas counties of Aransas, Atascosa, Bee, Bexar, Brazoria, Brooks, Caldwell, Cameron, Dimmit, Duval, Harris, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kleberg, Live Oak, Matagorda, Maverick, McMullen, Nueces, Refugio, San Patricio, Starr, Uvalde, Val Verde, Victoria, Waller, Washington, Webb, Willacy, and Zapata; and
(3) any other area infested with the Asian citrus psyllid.
§19.412.Quarantined Articles.
All plants, budwood, cuttings, or other fresh or live plant parts except seed and fruit of species that are hosts of Asian citrus psyllid: Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis , Afraegle paniculata, Atalantia spp., Balsamocitrus dawei, Bergera (=Murraya) koenigii, Calodendrum capense, X Citrofortunella microcarpa, X Citroncirus webberi, Citropsis schweinfurthii, Citrus spp., Clausena anisum-olens, Clausena excavata, Clausena indica, Clausena lansium, Eremocitrus glauca, Eremocitrus hybrid, Fortunella spp., Limonia acidissima, Merrillia caloxylon, Microcitrus australasica, Microcitrus australis, Microcitrus papuana, X Microcitronella Sydney', Murraya spp., Naringi crenulata, Pamburus missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Toddalia asiatica, Toddalia lanceolata, Triphasia trifolia, Vepris lanceolata, and Xanthoxylum fagara.
§19.413.Restrictions.
(a) General. While fresh fruit is not a quarantined article, fruit moved from areas quarantined for the Asian citrus psyllid to citrus producing areas where the Asian citrus psyllid is not present (Alabama, American Samoa, Arizona, California, Louisiana, Northern Mariana Islands, Puerto Rico, Virgin Islands, and those areas of Texas not quarantined for the psyllid) must have been cleaned using normal packinghouse procedures. Quarantined articles originating from quarantined areas are prohibited entry into or through free areas of Texas, except as provided in subsection (b) of this section.
(b) Exceptions. To be eligible to move from quarantined areas, quarantined articles must meet the following requirements.
(1) Requirements to move from quarantined areas of Texas to free areas of Texas.
(A) Quarantined articles must be treated using products approved by the United States Environmental Protection Agency (EPA) and the department for use in nurseries. Persons applying treatments must follow the product label, its applicable directions, and restrictions and precautions, including statements pertaining to Worker Protection Standards;
(B) All quarantined articles must be treated with a drench containing imidacloprid as the active ingredient within 30 days prior to shipping and also be treated with a foliar spray with a product containing either acetamiprid, chlorpyrifos, or fenpropathrin as the active ingredient within 10 days prior to movement. The drench and foliar spray must be applied at the rate designated for the Asian citrus psyllid on the product;
(C) In the case of fresh curry leaf (Bergera (=Murraya) koenigii) leaves intended for consumption, instead of the treatments specified in subparagraph (B) of this paragraph, the leaves must be treated prior to the movement in accordance with the Animal and Plant Health Inspection Service's (APHIS) treatment schedule T101-n-2 (methyl bromide fumigation treatment for external feeding insects on fresh herbs) at the times and rates specified in the treatment manual and safeguarded until export. This information can be found on page 5-2-28 of the treatment manual, located on line at: http://www.aphis.usda.gov/import_export/plants/manuals/ports /downloads/treatment_pdf/05_02_t100schedules.pdf; and
(D) Any person engaged in the business of growing or handling quarantined articles must enter into a compliance agreement with the department if the quarantined articles are to be moved to free areas of Texas.
(2) Requirements to move from quarantined areas of Texas to other states.
(A) The quarantined articles may not be moved to Alabama, American Samoa, Arizona, California, Louisiana, Northern Mariana Islands, and the Virgin Islands of the United States.
(B) Businesses must enter into a compliance agreement with APHIS to move quarantined articles to states and territories other than those listed in subparagraph (A) of this paragraph.
(C) Compliance agreements may be arranged by contacting a local office of the Plant Protection and Quarantine (PPQ), APHIS in Texas or the Texas State Plant Health Director, PPQ-APHIS at 903 San Jacinto Blvd., Suite 270, Austin, Texas 78701.
This agency hereby certifies that the emergency adoption 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 March 31, 2008.
TRD-200801690
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective Date: March 31, 2008
Expiration Date: April 24, 2008
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts on an emergency basis new §§19.500 - 19.508, concerning a quarantine for the Mexican fruit fly, Anastrepha ludens (Loew). The department adopted this emergency quarantine originally on March 26, 2008, and is now withdrawing the original emergency quarantine and resubmitting the quarantine in order to amend the boundaries of the quarantine due to new detections of the Mexican fruit fly in Willacy County, Texas. The new sections are adopted on an emergency basis to prevent the spread of Mexican fruit fly and to facilitate its eradication. The new sections require application of treatments to achieve eradication and prescribe specific restrictions on the handling and movement of quarantined articles. In the January 29, 2008, issue of the Federal Register, the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture published an Interim Rule, which removed Willacy County from the list of counties quarantined for the Mexican fruit fly. Based on the trapping surveys conducted by the Texas Department of Agriculture (the department) and APHIS, it was determined that the Mexican fruit fly has been eradicated from Willacy County since the last fly in this county was detected on May 6, 2005. Nevertheless, continuation of a trapping survey at a lesser intensity is required to demonstrate absence of the flies to maintain the fly-free status of a county. During such a survey, four immature and/or unmated Mexican fruit flies were detected in Willacy County since February 28, 2008; however, their distribution pattern and the fly count were insufficient to meet the quarantine trigger. Nevertheless, the quarantine trigger was met on March 14, 2008, when a mated female of the Mexican fruit fly was trapped on a residential property near Raymondville, Willacy County. In addition, an unmated female of the Mexican fruit fly was trapped on March 25, near Raymondville, and a mated female was detected on March 27, near La Sara, in Willacy County. In addition, Mexican fruit fly larvae were detected at two residential properties in Raymondville on April 2 and April 3, 2008. The McPhail traps have been used in Texas over 20 years to survey for infestations of the Mexican fruit fly and certain other fruit fly species. Host plants of the Mexican fruit fly include citrus, stones fruits, avocados, mangoes, and apples.
The department believes that it is necessary to take this immediate action to maintain the fly-free status of the Willacy County and to prevent the spread of the Mexican fruit fly into other commercial citrus growing areas of Texas and other states, and adoption of this quarantine on an emergency basis is both necessary and appropriate. The citrus industry in particular is in peril because without this emergency quarantine and treatment of the infestation, USDA would quarantine Willacy County and possibly the entire state of Texas and as a result, Texas could lose important export markets and would require regulatory treatments such as fumigation of all exported fruit. The emergency quarantine takes necessary steps to prevent the artificial spread of the quarantined pest and provides for its elimination, thus protecting the state's citrus crops, an agricultural industry important to the state of Texas. In addition to Willacy County, commercial citrus is also grown in Cameron and Hidalgo counties of Texas. Cameron and Hidalgo counties are currently quarantined for the Mexican fruit fly and export of citrus fruit from these counties is facilitated using procedures described in the Texas Rio Grande Valley Mexican Fruit Fly Protocol 2007-2008.
New §19.500 states the basis for the quarantine and defines the quarantined pest. New §19.501 establishes the duration of the quarantine. New §19.502 designates the infested areas subject to quarantine. New §19.503 lists the articles subject to the quarantine. New §19.504 provides restrictions on the movement of articles subject to the quarantine. New §19.505 provides requirements for monitoring and handling and treatment of regulated articles located within the quarantined area. New §19.506 provides consequences for failure to comply with quarantine restrictions. New §19.507 provides for the appeal of action taken for failure to comply with the quarantine restrictions or requirements. New §19.508 provides procedures for handling of discrepancies or other inconsistencies in textual descriptions in this subchapter with graphic representations. The department may propose adoption of this rule on a permanent basis in a separate submission.
The new sections are adopted on an emergency basis under the Texas Agriculture Code, §71.004, which authorizes the department to establish emergency quarantines; §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 a grove or orchard or of infested or infected plants, plant products, or substances; §12.020 which authorizes the department to assess administrative penalties for violations of Chapter 71; and the Texas Government Code, §2001.034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment.
§19.500.Basis for Quarantine - Dangerous Insect Pest or Plant Disease (Proscribed Biological Entity).
(a) The department finds that Anastrepha ludens (Loew), also known as the Mexican fruit fly, is at any stage of development a dangerous insect pest or plant disease that is not widely distributed in this state.
(b) Description of dangerous insect pest or plant disease. The Mexican fruit fly, scientific name Anastrepha ludens (Loew), is a dangerous pest of the numerous host plants listed in §19.503 of this 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 states, consider the Mexican fruit fly to be a serious plant pest whose control and eventual eradication from quarantined areas is imperative.
(c) Unless otherwise expressly stated, the term "Mexican fruit fly" when used in this subchapter refers to any or all developmental stages of the dangerous insect pest or a plant disease described in this section.
(d) The department is authorized by the Texas Agriculture Code, §71.002, to establish a quarantine against the dangerous insect pest or plant disease identified in this section.
§19.501.Duration of the Quarantine.
The quarantine established by this subchapter shall remain in effect until the dangerous insect pest or plant disease described in §19.500 of this title (relating to Basis for Quarantine - Dangerous Insect Pest or Plant Disease (Proscribed Biological Entity)) is eradicated. The Mexican fruit fly shall be considered eradicated from the quarantined area when no additional Mexican fruit flies are detected for a time period equal to three consecutive generations after the most recent detection. For the Mexican fruit fly, the number of days required to complete a reproductive cycle, one generation, is dependent upon temperature. Therefore, a day-degree model will be used to calculate the duration of each consecutive generation.
§19.502.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 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) The following areas are declared to be quarantined infested areas: The quarantined area is that portion of Willacy County, bounded by a line drawn as follows: Beginning at the intersection of FM 498 and FM 2845; then easterly along FM 498 to its intersection with FM 2099; then continuing northerly along FM 2099 to its intersection with FM 490; then continuing easterly along FM 490 to its intersection with Latitude 26.45360 and Longitude -97.69919; then continuing in a straight northerly imaginary line intersecting with CR 3796; then westerly along CR 3796 to its intersection with Santa Margarita Road; then continuing northerly along Santa Margarita Road to its intersection with Riggin Road; then continuing westerly along Riggin Road to its intersection with Cantu Road; then straight northwesterly along an imaginary line intersecting with Latitude 26.57423 and Longitude -97.70461; then westerly along a straight imaginary line to its intersection with the Willacy County line; then continuing southerly along the Willacy County line to its intersection with FM 490; then continuing easterly and southerly along the Willacy County line to its intersection with FM 1921; then continuing easterly along FM 1921 to its intersection with FM 2845; then southerly along FM 2845 to the point of beginning.
(3) A map of the quarantined area may be obtained by contacting USDA, 4909 East Grimes Street, Suite 103, Harlingen, Texas 78550, (956) 421-4041 or the department's Valley Regional Office, 900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866.
(b) Creating, modifying, or extending quarantined infested areas. When five or more males or unmated females of the Mexican fruit flies are trapped or otherwise discovered within a time period equal to one fly generation and within 3 miles of each other or a mated female or one larva or pupa is trapped or otherwise discovered, a quarantine area shall be established around the site where the fly was trapped or otherwise discovered. The area quarantined shall consist of an area of approximately 4.5-mile radius with the detection site at the center (roughly 81 square miles).
(c) Core areas. In addition to the quarantined area, one or more core areas may be established within each quarantined area around a detection site. Each core area shall consist of an approximately 1.0 square mile area with a detection site at or near the center. Each approximately square-shaped core area is defined by four GPS readings for each corner of the core area. Core areas are subject to more extensive monitoring and handling requirements and the Mexican fruit fly host plants within the core area shall be treated by ground or aerial sprays as prescribed by the department or the USDA. Five core areas are currently in place for the Mexican fruit fly quarantine as described by the following GPS coordinates:
(1) N 26.51363; N 26.49915; W 97.81825; W 97.80208;
(2) N 26.477374; N 26.49184; W 97.77788; W 97.76172;
(3) N 26.47720; N 26.46272; W 97.78599; W 97.76981;
(4) N 26.47735; N 26.46288; W 97.99621; W 97.98004; and
(5) N 26.49185; N 26.47737; W 97.93953; W 97.92336.
(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 in the In-Addition section of the Texas Register as they are established.
§19.503.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 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) The Mexican fruit fly;
(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) Apple (Malus domestica);
(B) Apricot (Prunus armeniaca);
(C) Avocado (Persea americana);
(D) Calamondin orange (X citrofortunella mitis);
(E) Cherimoya (Annona cherimola);
(F) Citrus citron (Citrus medica);
(G) Custard apple (Annona reticulate);
(H) Grapefruit (Citrus paradise);
(I) Guava (Pisidium guajava);
(J) Japanese plum (Prunus salicina);
(K) Lemon (Citrus limon except Eureka, Lisbon, and Vila Franca cultivars (smooth skinned sour lemon);
(L) Lime (Citrus aurantifolia);
(M) Mammy-Apple (Mammea americana);
(N) Mandarin orange (tangerine) (Citrus reticulate);
(O) Mango (Mangifera indica);
(P) Nectarine (Prunus persica);
(Q) Peach (Prunus persica);
(R) Pear (Pyrus communis);
(S) Plum (Prunus americana);
(T) Pomogranate (Punica granatum);
(U) Prune, Plum (Prunus domestica);
(V) Pummelo (shaddock) (Citrus maxima);
(W) Quince (Cydonia oblonga);
(X) Rose apple (Syzyglum jambos) (Eugenia jambos);
(Y) Sour orange (Citrus aurantium);
(Z) Sapote (Casimiroa spp.);
(AA) Sapota, Sapodilla (Sapotaceae);
(BB) Sargentia, yellow chapote (Sargentia greggi);
(CC) Soanish Plum, purple mombin or Ciruela (iSpondias spp.);
(DD) Sweet orange (Citrus sinensis);
(3) any other fruit capable of hosting, harboring, propagating, or disseminating the Mexican fruit fly;
(4) the producing plant if it has one or more fruits listed in paragraph (2) of this section attached to or growing from it; and
(5) any article, item, conveyance, or thing on or in which the Mexican fruit fly is actually found.
§19.504.Restrictions on Movement of Articles Subject to the Quarantine.
(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) 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 the Texas Agriculture Code, §71.005(a), 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 Rio Grande Valley Mexican Fruit Fly Protocol 2007-2008, 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, and the fruit is accompanied by a copy of 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 Mexican 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.
§19.505.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 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) The owner or manager of an orchard, other commercial fruit operation, or nursery subject to quarantine requirements may be required to bear all treatment expenses.
(c) Homeowners located in the core areas who enter into a written compliance agreement with the department or the USDA shall not be required to pay treatment expenses for fruit or fruit trees grown, harvested, or found on their residential property, unless the fruit or fruit tree is transported to the residential property from an orchard, other commercial fruit operation, or nursery owned or operated by the homeowner or at which the homeowner is employed, at a time during which the quarantine is in effect.
(d) Unless otherwise specified in a written notice issued by the department or the USDA or in a written compliance agreement between the person and the department or the USDA, a wholesaler, fruit retailer, street fruit vendor, or flea market stall operator located within the quarantined area shall cover or enclose detached fruit with air curtains, screens of appropriate mesh, plastic sheets, boxes without holes or other openings, or tarpaulins.
(e) A person who within the quarantined area is holding or displaying for sale or distribution a plant that is a regulated article shall ensure that each such plant is free from fruit at all times prior to sale or distribution.
§19.506.Consequences for Failure to Comply with Quarantine Restrictions.
A person who fails to comply with quarantine restrictions or requirements or a department order relating to the quarantine may be subject to administrative penalties not to exceed $5,000 per occurrence, civil penalties not to exceed $10,000 per occurrence, or criminal prosecution. Each day a violation occurs or continues may be considered a separate occurrence. Additionally, the department is authorized to seize and treat or destroy, or order to be treated or destroyed, any quarantined article that is found to be infested with the quarantined pest or, regardless whether infested or not, transported out of or through the quarantined area in violation of these rules. Treatment, destruction, storage, or other charges, including those incurred by the department, are chargeable to the owner of the quarantined article to be treated or destroyed.
§19.507.Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions.
An order under the quarantine may be appealed according to procedures set forth in the Texas Agriculture Code, §71.010.
§19.508.Conflicts Between Graphical Representations and Textual Descriptions; Other Inconsistencies.
(a) In the event that discrepancies exist between graphical representations and textual descriptions in this subchapter, the representation or description creating the larger geographical area or more stringent requirements regarding the handling or movement of quarantined articles shall control.
(b) The textual description of the insect pest or plant disease shall control over any graphical representation of the same.
(c) Where otherwise clear as to intent, the mistyping of a scientific or common name in this subchapter shall not be grounds for avoiding the requirements of this subchapter.
This agency hereby certifies that the emergency adoption 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 4, 2008.
TRD-200801763
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective Date: April 4, 2008
Expiration Date: July 23, 2008
For further information, please call: (512) 463-4075