4 TAC §19.133
The Texas Department of Agriculture (the department) adopts
an emergency rule amendment to §19.133, concerning restrictions on movement
of quarantined articles under the sweet potato weevil quarantine. The emergency
amendment prohibits the movement of quarantined articles from areas quarantined
for the sweet potato weevil into sweet potato weevil-free counties. The department
has proposed the adoption of the amendment on a permanent basis in a separate
submission.
The present rule prohibits issuance of a phytosanitary certificate for
the shipment of sweet potatoes from quarantined areas to sweet potato weevil-free
areas in Texas. It does not restrict issuing a certificate for the movement
of other host plants of sweet potato weevil, such as ornamental sweet potato
or
Ipomea
species, from quarantined areas
to sweet potato weevil-free areas. The department believes that it is necessary
to take immediate action to prevent a reinfestation of weevil-free areas of
Texas, and that the adoption of this amendment on an emergency basis is both
necessary and appropriate. In doing this, the department is following the
lead of other sweet-potato growing states that have toughened their regulation
of ornamental host species of the sweet potato weevil.
Currently, there is an increasing interest in the production and shipment
of ornamental host plants of sweet potato weevil from quarantined areas into
weevil-free areas of Texas. The industry is in imminent peril of infestation
since sweet potato beds are currently being planted for the production of
sweet potato slips. The slips are used for production of sweet potatoes and
are susceptible to sweet potato weevil infestation. At the same time, the
movement of sweet potato ornamental plants is imminent. These events pose
a considerable pest risk since the adult weevils could infest host plants
in weevil-free areas, causing a significant economic impact to the Texas sweet
potato industry. The department believes that without immediate action, Texas
sweet potato growers transporting their product for sale out of state may
loose their market premium. The emergency rule amendment prohibits the issuance
of a certificate for any quarantined article listed in §19.132, restricting
their movement from quarantined to weevil-free areas.
The amendment is adopted on an emergency basis under the Texas
Agriculture Code, §71.003, which provides the Texas Department of Agriculture
with the authority to establish quarantines in areas surrounding pest free
zones; §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; and the Texas Government Code, §2001.034, which provides for the
adoption of administrative rules on an emergency basis, without notice and
comment.
§19.133.Restrictions.
(a)
(No change.)
(b)
Exceptions.
(1)-(2)
(No change.)
(3)
No certificate shall be issued for the shipment of
[
sweet potatoes
]
quarantined articles, except those used for
research purposes,
from quarantined area in Texas to:
(A)-(B)
(No change.)
(c)
(No change.)
Filed with the Office of the Secretary of State,
on March 15, 1999.
TRD-9901587
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: March 15, 1999
Expiration date: June 13, 1999
For further information, please call: (512) 463-4075