4 TAC §19.163
The Texas Department of Agriculture (the department) adopts
on an emergency basis, amendments to §19.163, concerning restrictions
under the sugarcane rootstock borer weevil quarantine. The sugarcane rootstock
borer weevil quarantine, §§19.160-19.164, was adopted on an emergency
basis effective on March 16, 2001, (TRD No. 200101562) published in the
March 30, 2001 issue of the
Texas Register
.
The emergency amendment to §19.163 (b)(7) provides an exemption from
regulations for aquatic plants. The new language is added because aquatic
plants do not present a risk of transporting the quarantined pest. The department
has determined that without the exemption, an unintended hardship would result
for growers of aquatic plants used in the aquarium industry which would result
in losses of markets of those producers and may reduce available supplies
in demand by Texas residents. The amendment to §19.163 (c)(1) provides
for a compliance agreement to be established between the state of origin
and nurseries to serve in the place of the issuance of a phytosanitary certificate.
The current rule allows for admission of quarantined articles from a quarantined
area outside Texas only if accompanied by a phytosanitary certificate and
the articles have been treated and found to be free of the pest, or the articles
have originated in an area free of the quarantined pest. The department has
been advised by out of state officials in quarantined areas that, due to
limited state resources, primarily in regard to inspectors, it will be very
difficult, if not impossible, for all growers of quarantined articles to
obtain the phytosanitary certificates currently required. The unintended
result will be that nurseries in the quarantined area will be prohibited
from providing stock to nurseries in Texas. The emergency amendment to §19.163(c)(1)
will provide other state departments of agriculture with an option for the
use of compliance agreements which will ensure greater compliance of treatment
requirements, which furthers the goal of the quarantine to prevent the spread
of the quarantined pest to citrus and nursery growing areas of Texas, and
will allow nurseries in Texas to purchase nursery stock in demand by Texas
residents. Without these amendments, the availability of nursery stock obtained
by Texas growers will be significantly impacted, thereby reducing available
supplies. Texas nurseries will undergo significant losses and may experience
a serious loss of markets.
The department believes that it is necessary to take this immediate action
to maintain established markets and minimize losses to the Texas nursery
industry, while preventing the spread of the quarantined pest. Without this
change, commerce between states will be detrimentally affected and may result
in continuing economic loss to many Texas nurseries. The department may
propose adoption of this rule on a permanent basis in a separate submission.
The emergency amendments to §19.163 add certain aquatic plants to
the list of articles exempt from the sugarcane rootstock borer weevil quarantine
and provide for admission of quarantined articles from outside Texas if a
prescribed compliance agreement is in effect with the state department of
agriculture from which the quarantined article originates and the articles
meet other requirements.
The amendments to §19.163 are adopted on an emergency basis
under the Texas Agriculture Code, §71.004, which provides the Texas
Department of Agriculture with the authority to establish emergency quarantines; §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; and the Texas Government Code, §2001.034, which provides
for the adoption of administrative rules on an emergency basis, without notice
and comment.
§19.163.Restrictions.
(a)
(No change.)
(b)
Exemptions. The following articles are exempt from the
provision of this subchapter:
(1)-(4)
(No change.)
(5)
Defoliated bare-rooted nursery stock; [
and
]
(6)
privately-owned indoor decorative houseplants
; and
[
.
]
(7)
aquatic plants without soil,
and those in containers with growing media if removed from water and shipped
immediately.
(c)
Exceptions.
(1)
All quarantined articles from outside Texas are admissible
into Texas from a quarantined area if:
(A)
accompanied by a phytosanitary certificate
issued by an authorized inspector of the state of origin and have been treated
for the quarantined pest as prescribed by the department and is free of the
quarantined pest, or has originated in an area free of the quarantined pest
; or
[
.
]
(B)
originated from a location
that has a signed compliance agreement in effect with the origin state department
of agriculture requiring treatment of all nursery stock as prescribed by
the department and is free of the quarantined pest and verified by a stamp
of the origin state department of agriculture on the bill of lading as such.
(2)
(No change.)
Filed with the
Office of the Secretary of State, on March 27, 2001.
TRD-200101787
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: March 27, 2001
Expiration date: July 14, 2001
For further information, please call: (512) 463-4075