Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 12.
WEIGHTS AND MEASURES
Subchapter A. GENERAL PROVISIONS
4 TAC §12.2
The Texas Department of Agriculture (the Department) adopts
the repeal of §12.2 concerning an expiration date for Chapter 12, relating
to Weights and Measures, without changes to the proposal published in the
April 28, 2000, issue of the
Texas Register
(25 TexReg 3663).
The repeal of §12.2 is adopted because the establishment of an expiration
date for Chapter 12 is no longer necessary due to the enactment of legislation
establishing a timeframe for review of agency rules.
The repeal of §12.2 eliminates the expiration date for Chapter 12.
No comments were received on the proposal.
The repeal is adopted under the Texas Agriculture Code, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
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 19, 2000.
TRD-200004295
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 9, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 463-4075
Subchapter A. GENERAL QUARANTINE PROVISIONS
4 TAC §19.8
The Texas Department of Agriculture (the Department) adopts
the repeal of §19.8, concerning an expiration date for Chapter 19, relating
to Quarantines, without changes to the proposal published in the April 28,
2000, issue of the
Texas Register
(25 TexReg
3663).
The repeal of §19.8 is adopted because the establishment of an expiration
date for Chapter 19 is no longer necessary due to the enactment of legislation
establishing a timeframe for review of agency rules.
The repeal of §19.8 eliminates the expiration date for Chapter 19.
No comments were received on the proposal.
The repeal is adopted under the Texas Agriculture Code, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
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 19, 2000.
TRD-200004296
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 9, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 463-4075
4 TAC §19.62
The Texas Department of Agriculture (the Department) adopts
amendments to §19.62, concerning lethal yellowing quarantine, with changes
to the proposal published in the April 28, 2000, issue of the
Texas Register
(25 TexReg 3664). A change has been made to the proposal
to correct the spelling of the scientific name of the Kentia palm. The scientific
name of that palm has been changed from "Howea fosteriana" to "Howea forsteriana".
The amendments delete the following species of palms from the list of quarantine
articles:
Phoenix roebelenii
,
Corypha taliera
and
Corypha utan
. The
amendments are adopted because there is no proof in the scientific literature
that these palms are known to be hosts of lethal yellowing, and thus they
pose no pest risk. The amendments also add the following known palm host species
of lethal yellowing to the list of quarantined articles:
Cheliocarpus chuco
,
Crysophila warsecewiczii
,
Cyphophoenix nucele
,
Howea forsteriana
,
Phoenix ruficola
and
Veitchia mcdanielsi
. These palms are used
for landscaping as well as interiorscaping and pose a pest risk to palms grown
in Texas. The proposal also includes taxonomic changes in the name of genera
One comment was received on the proposed rule from the Texas Nursery and
Landscape Association (TNLA). The comment objected to the addition of Kentia
palm,
Howea forsteriana
, to the list of quarantined
articles and suggested conducting additional studies to confirm its susceptibility
to lethal yellowing because Dr. Nigel A. Harrison, palm specialist at the
University of Florida, Research and Education Center, Fort Lauderdale, ascertained
the palm to be a host of lethal yellowing.
The department disagrees with these comments as accidental infection by
a virulent vector can pose a pest risk, even from palms grown in greenhouses
in the infested areas and moved to Texas. TNLA was also concerned about deleting
the pygmy date palm,
Phoenix roebelenii
, as
a host of lethal yellowing since other species of
Phoenix
are known to be susceptible to lethal yellowing. The department
disagrees with these comments because, according to Dr. Harrison, although
several date palm species of the genus
Phoenix
are known hosts of lethal yellowing,
Phoenix roebelenii
was never detected as a host. Although no changes were made to the
proposal based on comments received by TNLA, in response to TNLA's concern
the department will file a subsequent proposal to amend the quarantined areas
listed in §19.62(a), specifying the counties of Florida infested with
lethal yellowing and limiting the quarantine to those counties. The distribution
of lethal yellowing and its plant hopper vector,
Myndus crudus
, is limited to the area south of Orlando (Broward, Colliner,
Dade, Hendry, Lee, Martin, Monroe and Palm Beach counties) in Florida.
The amendments are adopted under the 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.
§19.62.Quarantined Articles.
(a)
The quarantined pest is a quarantined article.
(b)
The following articles are quarantined:
Figure: 4 TAC §19.62(b)
(c)
Any plant determined to be a host of this disease is quarantined.
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 19, 2000.
TRD-200004297
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 9, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 463-4075
Chapter 19.
QUARANTINES
Subchapter F. LETHAL YELLOWING QUARANTINE
Chapter 22.
NURSERY PRODUCTS AND FLORAL ITEMS