Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Subchapter A. CITRUS QUARANTINES
The Texas Department of Agriculture (the department) adopts amendments to §21.1 and §21.8 concerning citrus quarantines, without changes to the proposal published in the April 6, 2007, issue of the Texas Register (32 TexReg 1979). The amendments are adopted to add orange jasmine (also known as orange jessamine) (including both Murraya exotica L. and M. paniculata (L.) Jack to the list of regulated articles. Orange jasmine is the preferred host of an insect, called Asian citrus psyllid, Diaphorina citri Kuwayama (Homoptera: Psyllidae), which spreads the bacterium that causes the citrus greening disease. Orange jasmine also has been identified as a host of citrus greening. Citrus greening is one of the most threatening diseases of citrus and has seriously affected citrus production in a number of countries. The adopted amendments will assist in keeping citrus greening disease from entering Texas.
Orange jasmine is not commonly grown in Texas; and apparently, only 3 to 4 nurseries grow a few of these plants for sale. Labeling of the orange jasmine plants would aid in enforcement of citrus quarantines to prohibit entry of plants into Texas. Growers, sellers, or distributors of orange jasmine will be required to adhere to the same labeling and recordkeeping requirements as for citrus plants. The amended labeling requirements restrict conditions under which a non-rebuttable presumption is made and will facilitate determination of whether any given orange jasmine is produced in Texas.
The adopted amendment to §21.1(6) modifies the definition of the term "regulated article" to include orange jasmine and clarifies reference language in the first paragraph of §21.1. The amendments to §21.8 define the labeling requirements necessary to track and identify regulated articles and change the terms "citrus" and "citrus plants" to "regulated articles" to make this section consistent with the changes made to §21.1 as specified in the Texas Agriculture Code, §71.009 and §71.010. An exemption is also added to clarify the department's intent that labeling requirements do not apply to a retail buyer, homeowner or end user grower.
No comments were received on the proposal.
The amendments to §21.1 and §21.8 are adopted in accordance with the Texas Agriculture Code (the Code), §73.002, which provides for the state to use all constitutional measures to protect the citrus industry from destruction by pests and diseases; §71.009, which provides the department with the authority to adopt rules as necessary for the seizure, treatment, and destruction of plants, plant products, and other substances for the effective enforcement and administration of Chapter 71, relating to general control of horticultural diseases and pests.
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 May 11, 2007.
TRD-200701839
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 31, 2007
Proposal publication date: April 6, 2007
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §21.40, concerning the citrus budwood certification program, without changes to the proposed text as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2077).
The amendments are adopted to remove three varieties of citrus ("Meyer" lemon, "Thorny Mexican" lime and "Thornless Mexican" lime) from the list of tree varieties that are required to use certified budwood for production. Section 19.004 of the Texas Agriculture Code states that the department and/or the Citrus Budwood Advisory Council (the council) may not require the use of certified citrus budwood until the department and the advisory council determine that an adequate supply of certified citrus budwood is available. The amendments are adopted because the council has determined that demand for the three varieties removed has increased beyond what can be met by the current supply of certified budwood. The council voted at a recent meeting to request that the department remove "Meyer" lemon, "Thorny Mexican" lime and "Thornless Mexican" lime from the list of mandatory varieties for citrus budwood. Furthermore, the amendments ensure that there is an adequate supply of citrus trees while production capacity for certified budwood of those citrus varieties is being augmented. The amendments leave requirements unchanged for other varieties currently regulated under §21.40.
No comments were received on the proposal.
The amendments to §21.40 are adopted under the Texas Agriculture Code, §19.004, which directs the department to administer the citrus budwood certification program; and §19.006, which authorizes the department with the advice of the advisory council, to adopt standards and rules necessary to administer the citrus budwood certification program.
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 May 14, 2007.
TRD-200701858
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 3, 2007
Proposal publication date: April 13, 2007
For further information, please call: (512) 463-4075