Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 19. QUARANTINES

Subchapter P. SUGARCANE ROOTSTOCK BORER WEEVIL QUARANTINE

4 TAC §§19.160 - 19.164

The Texas Department of Agriculture (the department) adopts on an emergency basis, new §§19.160-19.164, concerning a quarantine for the sugarcane rootstock borer weevil, Diaprepes abbreviatus (L). The new sections are adopted on an emergency basis to prevent the spread of the sugarcane rootstock borer weevil and facilitate its eradication. The new sections require application of treatments to achieve eradication and prescribe specific restrictions on the handling and movement of quarantined articles. To date, five adult and several larvae of the sugarcane rootstock borer weevil have been found in an orange grove located 0.2 miles West of the intersection of Hobbs Drive and North 2nd Street in McAllen, Texas. Adult emergence of this pest begins in the spring as new foliage appears during the bloom period.

The department believes that it is necessary to take this immediate action to prevent the spread of the sugarcane rootstock borer weevil into other citrus and nursery growing areas of Texas, and adoption of this quarantine on an emergency basis is both necessary and appropriate. The citrus and nursery industries are in peril because without this emergency quarantine and treatment of the infestation, other states may quarantine Texas. As a result, Texas could lose important export markets and would require regulatory treatments to export citrus plants and nursery stocks, which would result in increased production costs to producers. The emergency quarantine takes the necessary steps to prevent artificial spread of the quarantined pest and provides for its elimination, thus protecting the industry.

New §19.160 defines the quarantined pest. New §19.161 designates quarantine areas based on the location of sugarcane rootstock borer weevil detection. New §19.162 lists the quarantined articles. New §19.163 identifies articles exempt from regulations and provides for restrictions on the movement of quarantined articles, and new §19.164 provides for treatment or destruction of quarantined articles. The department may propose adoption of this rule on a permanent basis in a separate submission.

The new sections 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; §12.020 which authorizes the department to assess administrative penalties for violations of Chapter 71; and the Texas Government Code, §2001.034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment.

§19.160.Quarantined Pest.

The quarantined pest is the sugarcane rootstock borer weevil, Diaprepes abbreviatus (L) in any living stage of development.

§19.161.Quarantined Areas.

The quarantined areas are:

(1)

Within Texas: The citrus grove located in Hidalgo County, McAllen, TX, 0.20 miles West of the intersection of Hobbs Drive and North 2nd Street and to include 300 yards in each direction: and

(2)

Other areas: State of Florida: Counties of Broward, Dade, DeSoto, Collier, Glades, Hendry, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Marion, Martin, Orange, Osceola, Palm Beach, Pasco, Polk, Seminole, St. Lucie, Sumter, Volusia; the Commonwealth of Puerto Rico, the islands of the West Indies, and any other area where the quarantined pest is detected.

§19.162.Quarantined Articles.

The quarantined articles are:

(1)

the quarantined pest;

(2)

soil, sand, or gravel separately or with other potting media;

(3)

all propagation material to include all plants and plant parts;

(4)

citrus and all plants considered to be a host of the quarantined pest. A list of host plants is available for reference and may be obtained by contacting the Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711; and

(5)

all nursery stock and field grown ornamentals that are potted or balled and burlaped.

§19.163.Restrictions.

(a)

General. Movement of quarantined articles from a quarantined area into or through a non-quarantined area is prohibited, except as provided in subsections (b) and (c) of this section.

(b)

Exemptions. The following articles are exempt from the provisions of this subchapter:

(1)

seed;

(2)

bare rooted cacti;

(3)

fruits and vegetables grown above ground;

(4)

fleshy roots, corms, tubers, and rhizomes that are free of soil;

(5)

defoliated bare-rooted nursery stock; and

(6)

privately-owned indoor decorative houseplants.

(c)

Exceptions.

(1)

All quarantined articles from outside Texas are admissible into Texas from a quarantined area if 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.

(2)

Quarantined articles from quarantined areas in Texas may be moved to non-quarantined areas under the following provisions:

(A)

a signed compliance agreement is in effect with the department requiring treatment of all nursery stock as prescribed by the department and is free of the quarantined pest; or

(B)

the quarantined article or articles have been treated prior to shipment as prescribed by the department and are accompanied by a phytosanitary certificate issued by an authorized representative of the department; or

(C)

the quarantined article or articles are grown within an enclosed structure approved by the department and accompanied by a phytosanitary certificate issued by an authorized representative of the department stating the quarantined article is free of the quarantined pest.

§19.164.Treatment of Quarantined Areas Within Texas.

(a)

The business manager or property owner will bear all treatment expenses.

(b)

The business manager or property owner shall enter into a compliance agreement with the department to make the required treatments and handle nursery stock and host plants as prescribed by the department.

(c)

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.

(d)

If the producer or handler of quarantined articles required to be treated or destroyed refuses to treat or destroy the articles, the department may treat or destroy the quarantined articles and charge the cost of treatment and/or destruction to the producer or handler, in accordance with the Texas Agricultural Code, §71.009.

(e)

The quarantined pest shall be considered eradicated when the pest in any development stage is not detected by surveys and trapping during 24 consecutive months.

Filed with the Office of the Secretary of State, on March 16, 2001.

TRD-200101562

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: March 16, 2001

Expiration date: July 14, 2001

For further information, please call: (512) 463-4075