4 TAC §§19.170 - 19.179
The Texas Department of Agriculture (the department) adopts
new §§19.170-19.179, concerning a quarantine for the sapote fruit
fly,
Anastrepha serpentina
(Wiedemann), without
changes to the proposal published in the May 2, 2003, issue of the
Texas Register
(28 TexReg 3668). The quarantine is adopted to prevent
the spread of the sapote fruit fly into other citrus 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. On January 6, 2003, an adult
of the sapote fruit fly was detected in a McPhail trap located south of McAllen
in Hidalgo County in a grapefruit orchard. Four additional flies were collected
in the following locations: January 8, backyard grapefruit tree southeast
of McAllen; January 9, grapefruit orchard near Donna, Hidalgo County; January
13, grapefruit orchard near Donna; and February 7, backyard sour orange tree
south of McAllen. The quarantine trigger was met twice because two flies each
at Donna and McAllen were less than 3 miles apart. The McPhail traps have
been used in the Lower Rio Grande Valley for more than ten years to survey
for infestations of the Mexican fruit fly,
Anastrepha
ludens
(Loew). In addition to the Mexican fruit fly, the trap attracts
other
Anastrepha
species as well as other
fruit fly species. As a result of the detections, the department filed a sapote
fruit fly emergency quarantine, then a revised emergency quarantine which
is now in effect. The new sections establish a permanent sapote fruit fly
quarantine.
New §19.170 states the basis for the quarantine and defines the quarantined
pest. New §19.171 establishes the duration of the quarantine. New §19.172
designates the infested areas subject to quarantine. New §19.173 designates
the non-infested areas subject to the quarantine. New §19.174 lists the
articles subject to the quarantine. New §19.175 provides restrictions
on the movement of articles subject to the quarantine. New §19.176 provides
requirements for monitoring and handling and treatment of regulated articles
located within the quarantined area. New §19.177 provides consequences
for failure to comply with quarantine restrictions. New §19.178 provides
for the appeal of action taken for failure to comply with the quarantine restrictions
or requirements. New §19.179 provides procedures for handling of discrepancies
or other inconsistencies in textual descriptions in this subchapter with graphic
representations.
No comments were received on the proposal.
The new sections are adopted 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 enforce administrative
penalties for violations of Chapter 71.
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 16, 2003.
TRD-200303676
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 8, 2003
Proposal publication date: May 2, 2003
For further information, please call: (512) 463-4075