4 TAC §§19.51 - 19.53
The Texas Department of Agriculture (the department)
adopts amendments to §§19.51 - 19.53, concerning the department's
Date Palm Lethal Decline Quarantine regulations, without changes to
the proposal published in the May 22, 2009, issue of the
Texas Register (34 TexReg 3130).
The adopted amendments establish a regulatory practice utilizing
an immediate buffer area and an extended buffer area surrounding any
infected trees in Texas. The immediate buffer area will be the area
within one mile of the infected tree. The extended buffer area will
be the area within two miles of the infected tree and outside the
one-mile immediate buffer area. The adopted amendments will operate
as follows regarding each regulated area within the quarantine. Regarding
the immediate buffer area, no trees within this area will be allowed
to move outside the area for at least six months following the removal
of the infected tree. In order to be allowed to move trees outside
the immediate buffer area, a treatment regiment extending for at least
three months, during the six-month period, will be required following
the removal of an infected tree. This treatment is added because the
vectors, primarily leafhoppers, which are present in the vicinity
of an infected tree, pose the greatest risk of spreading the disease.
Regarding the extended buffer area, a phytosanitary certificate must
accompany shipment from the extended buffer area to outside. This
requirement expires following the six-month period from the detection
date assuming the treatment practices in the immediate buffer area
are conducted as described herein. Regarding areas inside the quarantine
zone but outside two buffer areas, shipments will be unrestricted.
The adopted amendments also add Nueces County of Texas and the
entire State of Florida to the quarantined area and the requirements
for quarantined palms entering Texas. Nueces County is added to the
quarantine because the disease has been detected in that county. The
State of Florida is added to the quarantine because scientists from
the University of Florida, Institute of Food and Agricultural Sciences
recently confirmed the phytoplasma, which causes the date palm lethal
decline in Texas also occurs in five Florida counties. Furthermore,
the State of Florida has not enacted an intra-state quarantine to
restrict movement of the infected host plants and potential vectors
from spreading to disease-free counties. Consequently, instead of
quarantining just the infected counties, the Texas Department of Agriculture
has opted to quarantine the entire State of Florida. In addition,
the Florida Department of Agriculture and Consumer Services, Division
of Plant Industry declined to implement the requirements Texas uses
when an infected tree is found, such as removal of the infected tree,
a six-month prohibition on movement of quarantined palms located within
one mile of the infected tree and the use of the treatment methods
mentioned above. Consequently, the entry requirements for the quarantined
palms from Florida into Texas were developed in consultation with
the Florida Division of Plant Industry. Silver date palm
Phoenix sylvestris, queen palm
Syagrus romanzoffiana, and cabbage palm
or sabal palm Sabal palmetto, are
added to the list of quarantined articles since Florida scientists
recently confirmed the occurrence of date palm lethal decline in these species.
The adopted amendments prescribe entry requirements for movement
of the quarantined articles from Florida into Texas, as well as outline
requirements to move quarantined articles from a quarantined area
of Texas to a free area of Texas. The amendments specify that a phytosanitary
certificate issued by the department is required only upon detection
of an infected tree and over a six-month duration to move quarantined
palms outside two miles of an infected tree. Because Florida lacks
intra-state quarantine and the state refrains from destroying the
infected trees, all Florida shipments of the quarantined palms are
required to be accompanied by a phytosanitary certificate.
The amendment to §19.51 adds Nueces County of Texas and the
State of Florida to the quarantined areas. The amendment to §19.52
adds silver date palm, queen palm, and cabbage palm or sabal palm
to the list of quarantined articles. The amendment to §19.53
deletes the option, which requires a treatment of quarantined palms
located more than two miles from an infected tree and adds a treatment
requirement for movement of quarantined palms located within one mile
from an infected tree. The amendment replaces the special permit provision
with a phytosanitary certificate, clarifies that a phytosanitary certificate
is required over a six-month period for movement of the quarantined
articles located more than one mile and less than two miles from an
infected tree to outside this area, prescribes entry requirements
for quarantined palms from Florida into Texas, prohibits quarantined
palms within two miles of a known infected tree in Florida, and requires
the quarantined palms in Florida located more than two miles from
a known infected tree to be treated within 48 hours of the shipment.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture
Code, §71.001, which authorizes the department to establish a
quarantine against out-of-state diseases and pests; 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.
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 July 6, 2009.
TRD-200902773
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 26, 2009
Proposal publication date: May 22, 2009
For further information, please call: (512) 463-4075