PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 21. CITRUS
SUBCHAPTER C. CITRUS BUDWOOD CERTIFICATION PROGRAM
4 TAC §§21.36, 21.37, 21.39, 21.40
The Texas Department of Agriculture proposes amendments
to the Citrus Budwood Certification Program Rules, §§21.36,
21.37, 21.39 and 21.40 to make these sections consistent with changes
made to Chapter 19 of the Texas Agriculture Code by the passage of
Senate Bill 1016 (SB 1016) during the 81st Legislative Session. SB
1016 amends Chapter 19 to prohibit individuals or businesses from
using for commercial purposes citrus budwood that is required by department
rule to be certified, unless the citrus budwood is certified or from
a designated foundation grove. The purpose of the changes to Chapter
19, is to prohibit the propagation of diseased citrus nursery trees
in commercial settings. To effectuate this purpose, TDA proposes amendments
to Chapter 21, which will require that citrus budwood used to propagate
a citrus nursery tree for commercial purposes be certified or produced
from a designated foundation grove. Under the proposed rules, a citrus
nursery tree is propagated for commercial purposes if either the citrus
nursery tree itself or the fruit produced from the citrus nursery
tree is intended to be or is actually sold, bartered, or otherwise
commercially distributed.
Section 21.36 provides record keeping requirements; §21.37
provides for inspection of citrus nursery plants and the relevant
records; §21.39 states that it is violation to use citrus budwood
that is neither certified nor from a designated foundation grove to
propagate citrus nursery trees for commercial purposes; and §21.40
states that trees produced prior to September 1, 2009 are exempt from
the requirement of this section.
Dr. Shashank Nilakhe, State Entomologist, has determined that for
the first five years the amended sections are in effect there will
be no fiscal implication for the state or local government as a result
of enforcing or administering the rule.
Dr. Nilakhe has also determined that for each of the first five
years the rule is in effect, the public benefit anticipated as a result
of administering and enforcing the amended sections will be reduction
in the risk of spread of citrus diseases. The use of certified budwood,
which is tested and certified as free of several citrus diseases,
reduces the chance of spreading citrus diseases. The use of uncertified
budwood poses a risk of spreading citrus diseases. There will be a
cost to businesses for complying with the proposed amendments. It
is estimated that three businesses, which apparently meet the criterion
of a micro-business, propagate citrus trees to plant 200 acres of
citrus crops annually. Further, it is estimated that these businesses
would purchase 35,000 buds to produce these citrus trees at a cost
of $0.06 per bud, or $2,100. The Texas Legislature, in its enactment
of Texas Agriculture Code, Chapter 73, recognizes that the citrus
industry is a valuable asset to the state of Texas, and that citrus
fruit and trees are highly susceptible to the ravages of insects,
pests, and plant diseases. Chapter 73 further provides that the state
shall use all constitutional measures to protect this industry from
destruction by pests and diseases. The amendments are adopted under
a legislative requirement, the purpose of which is to protect the
citrus industry from citrus diseases. No regulatory flexibility analysis
is 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 amendments are proposed under the Texas Agriculture
Code (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; the Code, §19.006, that provides the department,
with the authority to adopt standards and rules necessary to administer
the citrus budwood certification program; and Texas Government Code, §2001.006,
which provides the department with the authority to adopt rules in
preparation for the implementation of legislation that has become
law, but has not taken effect.
The Code affected by the proposal is the Texas Agriculture Code,
Chapters 19 and 71.
§21.36.Record Keeping.
(a) - (e) (No change.)
(f) For purposes of this
subsection, "commercial use" means sell, barter, or otherwise commercially
distribute and applies to both a citrus nursery tree itself and the
fruit produced from the citrus nursery tree. Businesses that propagate
citrus nursery trees for commercial use of varieties that are mandatory
under §21.40 of this title (relating to Mandatory Varieties)
must abide by the following conditions.
(1) Only citrus budwood that is certified
or from a designated foundation grove shall be used for propagation.
(2) Records of certified budwood purchases
must be maintained for a minimum of four years including:
(A) date of purchase;
(B) variety(ies) purchased;
(C) number of buds purchased from each source tree;
(D) number of citrus nursery trees successfully
budded from each budwood variety purchased; and
(E) location of citrus nursery trees until
they are planted to establish citrus orchards.
§21.37.Inspection.
The department shall, as deemed appropriate, inspect the foundation
grove, increase block, foundation grove records, commercial nurseries,
[
§21.39.Violations and Penalties.
(a) Violations. In addition to any other violations
that may arise under the act or this subchapter, the following are
violations.
(1) - (2) (No change.)
(3) It is a violation to sell or offer to sell or to
distribute citrus budwood falsely claiming that it is certified or
that it comes from a foundation grove, or the increase block, or to
sell or offer citrus trees for sale falsely claiming that they originated
from certified budwood or that they came from a designated foundation
grove, or the increase block.
(4) It is a violation to
use citrus budwood that is neither certified nor from a designated
foundation grove to propagate citrus nursery trees for commercial use.
(5) [
(6) [
(b) (No change.)
§21.40.Mandatory Varieties.
(a) - (b) (No change.)
(c) Citrus nursery trees
produced for commercial use prior to October 1, 2009, are exempt from
the requirements of this subchapter.
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 July 6, 2009.
TRD-200902768
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 16, 2009
For further information, please call: (512) 463-4075
SUBCHAPTER C. NUTRITION OUTREACH AND EDUCATION
The Texas Department of Agriculture (department) proposes
Chapter 26, Subchapter C, Division 1, §26.30, concerning the
Nutrition Outreach Program; Division 2, §§26.40 - 26.48,
concerning the Best Practices in Nutrition Education Grant Program;
and Division 3, §§26.50 - 26.57, concerning the Nutrition
Education Grant Program. The new sections are proposed to implement
Senate Bill 282 (SB 282), enacted during the 81st Regular Session, 2009.
Division 1, §26.30, is proposed to provide authorization for
the department to administer the Nutrition Outreach Program. Proposed §26.30
contains a Statement of Authorization for the program. The Nutrition
Outreach Program will serve the purpose of promoting better health
and nutrition programs and preventing obesity among children in this
state.
Division 2, §§26.40 - 26.48, is proposed to provide authorization
for the department to implement and administer the Best Practices
in Nutrition Education Grant Program. Proposed §26.40 contains
a Statement of Authorization for the program; §26.41 contains
definitions related to implementation of the program; §26.42
contains a Statement of Purpose for the program; §26.43 contains
eligibility requirements for grant recipients; §26.44 contains
the application procedure; §26.45 contains the selection criteria
for recipients; §26.46 defines permitted use of grant funds; §26.47
explains the grant agreement to be used in the program; and §26.48
explains reporting procedures to be used in the program. The Best
Practices in Nutrition Education Grant Program will award grant funds
to school districts and/or campuses for implementing best practices
in nutrition education.
Division 3, §§26.50 - 26.57, is proposed to provide authorization
for the department to implement and administer the Nutrition Education
Grant Program. Proposed §26.50 contains a Statement of Authorization
for the program; §26.51 contains definitions related to implementation
of the program; §26.52 contains a Statement of Purpose for the
program; §26.53 contains eligibility requirements for grant recipients; §26.54
contains the application procedure; §26.55 contains the selection
criteria for recipients; §26.56 explains the grant agreement
to be used in the program; and §26.57 explains reporting procedures
to be used in the program. The Nutrition Education Grant Program will
provide grants to specified care providers and community or faith-based
organizations to operate nutrition education programs for children.
Angela Olige, Assistant Commissioner for Food and Nutrition, has
determined that for the first five years the proposed new sections
are in effect, there will be no fiscal implications for state or local
government as a result of enforcing or administering the proposed
new sections.
Ms. Olige also has determined that for each year of the first five
years the proposed sections are in effect, the public will benefit
from the adoption of the rules. The anticipated public benefit, as
a result of administering and enforcing the proposed new sections,
will be the establishment of nutrition education programs targeted
to the children of Texas to promote better health and well being.
There will be no economic cost for micro-businesses, small businesses
or individuals who are required to comply with the new sections as
proposed.
Comments on the proposal may be submitted to Angela Olige, Assistant
Commissioner for Food and Nutrition, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78749.
Comments must be received no later than 30 days from the date of
publication of the proposal in the Texas Register.
DIVISION 1. NUTRITION OUTREACH PROGRAM
4 TAC §26.30
New §26.30 is proposed under the authority of
the Texas Agriculture Code (the Code), §12.0027, as enacted by
SB 282, which provides the department with the authority to develop
a nutrition outreach program and adopt rules as necessary to administer
an outreach program.
The code affected by the proposal is the Texas Agriculture Code,
Chapter 12.
§26.30.Statement of Authority and Purpose.
The Texas Department of Agriculture is authorized, by §12.0027,
of the Texas Agriculture Code, to administer and implement a Nutrition
Outreach Program to promote better health and nutrition programs and
prevent obesity among children in this state. The objective of the
program is to increase awareness of the importance of good nutrition,
especially for children, and to encourage children's health and well
being through education, exercise, and eating right.
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 July 6, 2009.
TRD-200902776
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 16, 2009
For further information, please call: (512) 463-4075
4 TAC §§26.40 - 26.48
New §§26.40 - 26.48 are proposed under Texas
Education Code, §38.026, as enacted by SB 282, which provides
that the department shall develop a program for awarding grants to
public school campuses for best practices in nutrition education,
and provides that the department may adopt rules as necessary to administer
such a grant program.
The code affected by the proposal is the Texas Education Code,
Chapter 38.
§26.40.Statement of Authority.
The Best Practices in Nutrition Education Grant Program is
authorized by §38.026 of the Texas Education Code.
§26.41.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the text clearly indicates
otherwise.
(1) Best practice--An activity or program administered
by a grant applicant which addresses one of four focus areas:
(A) increasing appeal and acceptability of meals;
(B) enhancing and increasing nutrition education efforts;
(C) increasing participation in meal program; or
(D) increasing nutritional value of school meals; and
(E) addresses one of the following audiences:
(i) the student population;
(ii) parent and teacher population; or
(iii) the community.
(2) Commissioner--The Texas Commissioner of Agriculture.
(3) Program--The Best Practices in Nutrition Education
Grant Program.
(4) School campus--An individual public school in the
state of Texas, subject to the administration of its governing Texas
school district, whether such district is independent, consolidated,
or common.
§26.42.Statement of Purpose.
The program is designed to award grants to public school campuses
that can clearly demonstrate use of best practices in nutrition education.
§26.43.Eligibility.
Subject to available funds, public school campuses in Texas
are eligible to receive a grant under this subchapter if the schools
submit to the department a completed application in the format prescribed
by the department.
§26.44.Application Procedure.
(a) The department shall issue a request for proposals,
to be published in the Texas Register during
each fiscal year for which funds are available for implementing the
program.
(b) Public school campuses which can demonstrate use
of best practices in nutrition education are eligible to apply.
(c) The application shall be in a form prescribed by
the department.
(d) The application submitted to the department shall:
(1) be fully and legibly completed;
(2) be submitted in a timely manner;
(3) be signed by an authorized individual;
(4) contain, at a minimum, the following required information:
(A) the applying school campus and district name and address;
(B) the name and title of a primary contact person
who may be contacted during normal business hours;
(C) a detailed description of the best practice which
is the basis for the grant application;
(D) a description of how quantifiable results have
been demonstrated by the best practice;
(E) the current budget for the best practice activity/program; and
(F) a proposed budget for use of grant funds including
how these funds will supplement, improve, or expand the current best
practice activity/program, if received.
§26.45.Selection Criteria.
(a) Projects will be selected on a competitive basis.
(b) The department shall review proposals and may appoint
review panel(s) to evaluate proposals.
(c) Preference will be given to projects that are unique
in nature and that meet the best practice criteria set out by the
department.
(d) Final selection of grant recipients shall be made
by the department and the commissioner.
(e) Each grant recipient will be awarded a specific
grant amount by the department.
§26.46.Permitted Use of Grant Funds.
The expenditure of grant funds by a grant recipient shall be
documented and the funds used only for expenses reasonably related
to the supplementation, improvement, or expansion of the best practice
for which the grant was awarded.
§26.47.Grant Agreement.
Grant recipients selected by the department shall enter into
a written grant agreement with the department. The agreement will
define the terms of the grant award and reporting requirements.
§26.48.Reporting Requirements.
Grant recipients shall submit required reports in accordance
with department procedures, and as specified in the grant agreement
entered into by the department and the grant recipient.
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 July 6, 2009.
TRD-200902777
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 16, 2009
For further information, please call: (512) 463-4075
and] records at commercial nurseries that produce certified
citrus nursery trees and businesses that propagate citrus nursery
trees for commercial use.
(4)] It is a violation
to fail to maintain or provide records for inspection.
(5)] It is a violation
to fail to comply with any order issued or rule adopted by the department
under this subchapter.
CHAPTER 26. FOOD AND NUTRITION DIVISION
DIVISION 2. BEST PRACTICES IN NUTRITION EDUCATION GRANT PROGRAM
DIVISION 3. NUTRITION EDUCATION GRANT PROGRAM