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 new §§19.410 - 19.413, concerning a quarantine for the Asian citrus psyllid, Diaphorina citri Kuwayama. Section 19.413 is adopted with changes to the proposed text as published in the February 22, 2008, issue of the Texas Register (33 TexReg 1475). Sections 19.410 - 19.412 are adopted without changes and will not be republished.
The new sections are adopted to prevent the artificial spread of the Asian citrus psyllid both in the non-infested counties of Texas and into the non-citrus producing states of the United States. The new sections prohibit movement of the Asian citrus psyllid host plants into citrus-producing states of the United States. Movement of the host plants in the non-infested counties of Texas and into non-citrus producing states of the United States requires application of prescribed insecticidal treatments. 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. New §19.400 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.
No comments were received on the proposal.
The new sections are adopted under the Texas Agriculture Code, §71.001, which authorizes the department to establish a quarantine for an infested area against an in-state pest if it determines that the pest is dangerous and is not widely distributed in this state; and §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.
§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. Additional active ingredients may be approved upon consultation with the United States Department of Agriculture (USDA);
(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/down loads/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 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 April 4, 2008.
TRD-200801753
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: April 24, 2008
Proposal publication date: February 22, 2008
For further information, please call: (512) 463-4075