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) proposes new §§19.410 - 19.413, concerning a quarantine for the Asian citrus psyllid, Diaphorina citri Kuwayama. The new sections are proposed 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.
On November 2, 2007, the Animal and Plant Health Inspection Service (APHIS) agency of the United States Department of Agriculture (USDA) issued a Federal Order titled, "Expansion of the quarantines for citrus greening and Asian citrus psyllids," which quarantined 32 Texas counties for the Asian citrus psyllid. Furthermore, the Federal Order required the department to establish a parallel quarantine by December 1, 2007, and stated that failure to do so would result in APHIS quarantining the entire state of Texas. Consequently, the department filed an Asian citrus psyllid emergency quarantine, new §§19.410 - 19.413, on November 29, 2007, which was published in the Texas Register on December 14, 2007 (32 TexReg 9185) and is now in effect. The quarantine requirements proposed in new §§19.410 - 19.413 are identical to the emergency quarantine now in effect.
To avoid APHIS's statewide quarantine, the department believes establishment of a quarantine for the 32 counties on a permanent basis, is both necessary and appropriate. The proposed 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 §19.400 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.
Dr. Shashank Nilakhe, State Entomologist, has determined that for the first five-year period the new sections are in effect, there will be no fiscal implication for the state or local government as a result of enforcing or administering the new sections.
Mr. Nilakhe also has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of enforcing the new sections will be to prevent artificial spread of the psyllid into the psyllid-free counties of Texas. There will be an insecticidal treatment cost to the commercial citrus nursery growers located in the proposed quarantined area to ship the psyllid host plants outside the quarantined area. Of the 18 commercial citrus nurseries, which operate in Texas, nine are located in the quarantined area. Further, it is estimated that 89 percent (240,000) of the 275,000 citrus nursery plants produced annually in Texas, are grown in the quarantined area. The 275,000 citrus nursery plants total excludes plants produced at two nurseries located in the quarantined area, which do not ship plants outside the quarantined area, but produce plants only to establish citrus orchards in the quarantined area. It is also estimated that 70 percent (168,000) of the 240,000 plants produced in the quarantined area are shipped outside the quarantined area. The citrus plants are generally sold in a 3-gallon or a 5-gallon container. The new section requires a drench and a foliar spray to ship the plants outside the quarantined area. The insecticide and labor cost to apply a drench and a foliar spray treatment to one containerized plant is estimated to be $0.15 and $0.09, respectively. Thus the treatment cost to ship 168,000 plants outside the quarantined area will be $40,320 (168,000 X $0.24 per plant). Costs of treatment are estimated. The department is working with USDA-APHIS to find effective, lower costs insecticides for use by producers in meeting requirements of the quarantine.
Of the nine citrus nurseries located in the quarantined area, two do not ship plant outside the quarantined area, three are large businesses, and four nurseries meet the criterion of a small business mentioned in the Texas Government Code §2006.001(2). It is estimated that these four nurseries account for ten percent or smaller portion of the 168,000 plants shipped outside the quarantined area. Thus the economic impact (treatment cost) to these four nurseries will be approximately $4,032 or less. The four nurseries also meet the criterion of a micro-business as defined under the Texas Government Code §2006.001(1). Therefore, the economic impact to a small business or a micro-business would be identical. The businesses will not require any special equipment since they normally possess sprayers to apply pesticides. Government Code, §2006.002, as amended by House Bill 3430, 80th Legislative Session, 2007, requires that before adopting a rule that may have an adverse economic effect on small businesses, a state agency must prepare an Economic Impact Statement that assesses the potential impact of a proposed rule on small businesses, as provided above, and a Regulatory Flexibility Analysis that considers alternative methods of achieving the purpose of a rule. As provided in guidelines established by the Office of the Attorney General, an agency is not required to consider alternatives that, while possibly minimizing adverse impacts on small businesses, would not be protective of the health, safety and environmental and economic welfare of the state. Federal mandates are considered to be per se consistent with the health, safety, or environmental and economic welfare of the state. Because new §§19.410 - 19.413 are required by a Federal mandate, a Regulatory Flexibility Analysis is not required.
Comments on the proposal may be submitted to Dr. Shashank Nilakhe, State Entomologist, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
The new sections are proposed 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; §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.
The code affected by the proposal is the Texas Agriculture Code, Chapter 71.
§19.410.Quarantined Pest.
The quarantined pest is the Asian citrus psyllid, Diaphorina 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. 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
(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 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 February 11, 2008.
TRD-200800799
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 463-4075