4 TAC §§19.150 - 19.154
The Texas Department of Agriculture (the department) adopts
new §19.150-19.154, concerning a quarantine for the West Indian fruit
fly,
Anastrepha obliqua
(Macquart). The new
sections are adopted with changes to the proposed text as published in the
November 10, 2000, issue of the
Texas Register (25
TexReg 11200)
. New §§19.153 and 19.154 are adopted with
changes. New §§19.150-19.152 are adopted without changes and will
not be republished.
The new sections are adopted to establish a quarantine to prevent the
spread of the West Indian fruit fly into other citrus growing areas of Texas,
and to facilitate its eradication. Since citrus is a documented as a host
of this pest, its eradication is essential to maintain a commercial citrus
industry in Texas. Further, the department has determined that the pest is
a menace to state's citrus crop and that a quarantine is necessary to prevent
further spread of the pest. The new sections require application of treatments
to achieve eradication and prescribe specific restrictions on the handling
and movement of quarantined articles. On October 3-4, 2000, three adults
of the West Indian fruit fly were detected in a McPhail trap located four
miles east of Rio Hondo in Cameron County in an abandoned guava orchard.
Three additional fly adults were collected, one of which was a gravid female
representing a potentially reproducing population. As a result of the detection,
the department adopted a quarantine on an emergency basis for the West Indian
fruit fly on October 16, 2000, which was published in the
Texas Register
on October 27, 2000 (25TexReg 10605).
New § 19.150 defines the quarantined pest. New § 19.151 defines
the quarantined area. New§ 19.152 lists the host plants for the quarantined
pest. New § 19.153 describes the treatment and movement of the quarantined
articles. This section has been adopted with changes. Subsection (b) has
been changed to add additional treatment precautions as requested by the
United States Department of Agriculture. Paragraph (1) has been changed
to add that the fruit must be covered by a tarpaulin before shipped to an
approved treatment facility and paragraph (2) has been changed to provide
that once all fruit has been harvested from the grove, spray applications
may cease. This new language is added because when harvest is complete and
all hostable material (fruit) has been removed, the pest can no longer reproduce
in that grove. In addition, paragraph (3) adds an option which allows fruit
to be juiced under guidelines developed by the department or USDA. New §
19.154 provides the trigger to declare an infestation with the treatment
requirements. This section is adopted with two minor changes. "A mated female
or one larva," was added to subparagraph (a) to clarify the criteria used
to declare an infestation. This is consistent with the Texas Valley Mexican
Fruit fly Protocol, 2000- 2001. Subsection (d) has been amended to provide
that fruit in urban areas will be handled as prescribed by the department.
This will allow the department to act appropriately to reduce potential
re-infestation.
No written comments were received on the proposal. One oral comment was
provided by a representative of Texas Citrus Mutual at a pubic hearing held
on November 6, 2000 at the San Juan Regional office of the Texas Department
of Agriculture, in accordance with the Texas Agriculture Code, §71.006.
The comment was in favor of adopting the quarantine to protect the Texas
citrus industry.
The amendments are adopted under the Texas Agriculture Code,
§71.002, which authorizes the department to establish a quarantine
if it determines that a dangerous insect pest not widely distributed in the
state exists within an area of the state; 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 12.020
which authorizes the department to enforce administrative penalties for violations
of Chapter 71.
§19.153.Restrictions.
(a)
Movement of quarantined articles.
(1)
General. Quarantined articles originating from the quarantined
area are prohibited entry into adjoining areas, except as provided in paragraph
(2) of this section.
(2)
Exceptions. Commercial citrus fruit may be moved outside
the quarantined area in fruit bins with a United States Department of Agriculture
(USDA) limited permit or other approved USDA procedure.
(b)
Treatment of fruit. The fruit shall be treated using one
of the following three options:
(1)
Fumigation. The fruit must be covered by a tarpaulin and
go directly to an approved treatment facility. The fruit shall be segregated
in a packing house and fumigated as prescribed in the Texas Valley Mexican
Fruit Fly Protocol 2000-2001. A copy of this protocol may be obtained at
the department's Valley Regional Office, 900-B East Expressway 83, San Juan,
Texas 78589.
(2)
Bait Sprays. The fruit shall be treated in the field using
bait sprays as prescribed in the Texas Valley Mexican Fruit Fly Protocol,
2000-2001. The treatments shall be applied at 6 to 10 day intervals starting
at least 30 days before harvest and continued throughout the harvest period
or until the quarantine is revoked. The entire grove shall be treated to
be considered for certification. Once all fruit has been harvested from the
grove, spray applications may cease. Growers shall enter into a compliance
agreement with the USDA or the department to treat and handle the fruit as
prescribed.
(3)
Fruit should be covered by a tarpaulin if moved for juicing
under guidelines prescribed by the department or USDA.
§19.154.Establishment of Quarantined Area; Core Area; Treatment of Infestation; and Destruction of Quarantined Articles.
(a)
When two or more quarantined pests, a mated female or one
larva is detected, a quarantined area is established around the detection
site. The quarantined area shall cover an area of approximately 81 square
miles (4.5 mile radius around the detection site). Within the quarantined
area, a core area of 0.5 mile radius from each detection site will be established.
The core area of the detection shall be treated by ground or aerial sprays
as prescribed by the department or the USDA. Within the core area, the spray
program shall restart if an additional quarantined pest is detected.
(b)
The owner or orchard manager shall bear all treatment
expenses.
(c)
The owner or orchard manager shall enter into a compliance
agreement with the department to make the required treatments and handle
the fruit as prescribed.
(d)
Homeowners shall not be required to pay treatment expenses
when flies are detected in urban areas. Fruit will be handled as prescribed
by the department.
(e)
The quarantined pest shall be considered eradicated from
the quarantined area when additional flies are not detected beginning with
the most recent fly detection and continuing for two generations followed
by one generation without trapping any flies. The number of days required
to complete a fly generation will vary based on a degree-day model.
(f)
In addition to assessment of administrative penalties as
provided in the Texas Agriculture Code, §12.020, a violation of this
subchapter may require destruction of quarantined articles.
(g)
If the producer or handler of quarantined articles required
to be destroyed or treated refuses to destroy or treat the articles, the
department may destroy or treat the quarantined articles and charge the costs
of destruction or treatment to the producer or handler, in accordance with
the Texas Agriculture Code, §71.0091.
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 January 25, 2001.
TRD-200100440
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: February 14, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 463-4075