4 TAC §§19.160 - 19.164,
The Texas Department of Agriculture (the department) proposes
new §§19.160-19.164, concerning a quarantine for the Diaprepes root
weevil,
Diaprepes abbreviatus
(L). The quarantine
is proposed to prevent the spread of the Diaprepes root weevil into other
citrus and nursery growing areas of Texas and to 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, several adult and larvae of the Diaprepes root 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.
As a result of the detections, the department adopted a quarantine on an emergency
basis for the Diaprepes root weevil on March 16, 2001, which was published
in the March 30, 2001 issue of the
Texas Register
(26 TexReg 2457). An amendment to §19.163 was adopted on an emergency
basis on March 27, 2001, as published in the
Texas
Register
on April 13, 2001.
New §19.160 defines the quarantined pest. New §19.161 designates
quarantine areas based on the location of the Diaprepes root 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.
Ed Gage, coordinator for pest management programs, has determined that
for the first five-year period the proposed new sections are in effect, there
is no anticipated fiscal impact on state or local government as a result of
administration and enforcement of the sections.
Mr. Gage has also determined that for each year of the first five years
the proposed new sections are in effect, the public benefit of adopting these
rules is the eradication of the pest and prevention from it becoming widespread.
Measures will be taken to prevent the spread of the Diaprepes root weevil
to non- infested areas and will include the treatment of host trees or shrubs
located within non-structural residential properties and commercial citrus
groves in the quarantined area of Texas. There may be a cost to eradicate
the pest from the quarantined area, by property owners required to comply
with the new quarantine. Treatments to eradicate the quarantined pest will
be required in those areas identified by the quarantine. In order to provide
some assistance to property owners, the department, through a cooperative
effort from Texas Citrus Mutual (TCM) and the Texas Nursery and Landscape
Association (TNLA), is investigating the availability of resources to support
the cost of eradication. Costs to treat homeowner areas with a product approved
by the department will range from $150-175 per application. Two applications
will be required per year on each of the properties affected by the quarantine.
The cost to treat commercial citrus grove owners to comply with the quarantine
for eradication of the pest will be approximately $400 per acre for treatment
products per year plus an additional $150 per acre for application costs per
year.
Comments on the proposal may be submitted to Ed Gage, coordinator for pest
management, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711. Comments must be received no later than 30 days from the date of publication
of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Agriculture Code, §71.001,
which authorizes the department to establish a quarantine for an infested
area against an in-state pest if it determines that the pest is dangerous
and is not widely distributed in this 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 assess administrative
penalties for violations of Chapter 71.
The code affected by the proposal is the Texas Agriculture Code, Chapters
12 and 71.
§19.160.Quarantined Pest.
The quarantined pest is the Diaprepes root 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 any other areas
where the quarantined pest is detected in Texas; and
(2)
other areas: the state of Florida: the 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 outside of Texas.
§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;
(6)
privately-owned indoor decorative houseplants;
(7)
aquatic plants without soil, and those in containers with
growing media if removed from water and shipped immediately;
(8)
shipments moving under special permit established by the
department to ensure such shipments do not present a pest risk; and
(9)
dead plant material without roots or soil that has dried
or is moved directly to a city or county sanitary landfill.
(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 are 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 originating state's 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)
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 may be required
to 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 may 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.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 14, 2001.
TRD-200102697
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 463-4075