TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS

SUBCHAPTER A. GENERAL QUARANTINE PROVISIONS

4 TAC §19.2

The Texas Department of Agriculture (the department) adopts amendments to §19.2, subsections (d) and (f), concerning General Quarantine Provisions without changes to the text, as published in the April 25, 2008, issue of the Texas Register (33 TexReg 3369) and will not be republished. The amendments are adopted to conform to the Texas Agriculture Code §71.051, which stipulates that nursery products or floral items be accompanied by an inspection certificate. The amendment to §19.2(d) is necessary to clarify that a nursery product or floral item must have an inspection certificate for the shipment of nursery-floral plant material originating outside the state, unless other plant material is covered under specific quarantines in this chapter. The amendment to §19.2(f) is adopted to correct the spelling of the botanical name for cogongrass.

No comments were received on the proposal.

The amendments to §19.2 are adopted under Texas Agriculture Code, §71.007, which authorizes the department to adopt rules as necessary to protect agricultural and horticultural interests, including rules preventing the entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone.

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 June 2, 2008.

TRD-200802852

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: June 22, 2008

Proposal publication date: April 25, 2008

For further information, please call: (512) 463-4075