reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter U - CITRUS CANKER QUARANTINE › Section 19.405 - Citrus Fruit Harvest

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Compliance
				  agreement required. Regulated fruit from a quarantined area intended for
				  noncommercial or commercial movement, sale or distribution, shall not be moved
				  from the production site, except under a compliance agreement with the
				  Department or USDA.
(b)
				  Disinfecting of regulated fruit.
(1)
				  Disinfecting of regulated fruit shall include chemical treatment of regulated
				  fruit, as prescribed in the USDA Treatment Manual D301.75-11(a).
(2) Following treatment of regulated fruit in
				  accordance with this subsection, personnel must clean their hands as prescribed
				  in the USDA Treatment Manual D301.75-11.
(3) Vehicles, equipment and other inanimate
				  objects must be cleaned and treated as prescribed in the USDA Treatment Manual
				  D301.75-11(d).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter U - CITRUS CANKER QUARANTINE › Section 19.406 - Consequences for Failure to Comply with Quarantine Requirements or Restrictions

Current through Reg. 49, No. 28; July
				  12, 2024
(a) A person
				  who fails to comply with quarantine restrictions or requirements or a
				  Department order relating to the quarantine is subject to administrative or
				  civil penalties up to $10,000 per day for any violation of the order and to the
				  assessment of costs for any treatment or destruction that must be performed by
				  the Department in the absence of such compliance.
(b) The Department is authorized to seize and
				  treat or destroy or order to be treated or destroyed, any regulated article:
(1) that is found to be infested with the
				  quarantined pest; or,
(2)
				  regardless of whether infected or not, that is transported within, out of, or
				  through the quarantined area in violation of this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter U - CITRUS CANKER QUARANTINE › Section 19.407 - Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions

Current through Reg. 49, No. 28; July
				  12, 2024
An order under the quarantine may be appealed according to
					 procedures set forth in the Texas Agriculture Code, §
										RSA
					 71.010.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter U - CITRUS CANKER QUARANTINE › Section 19.408 - Conflicts between Graphical Representations and Textual Descriptions; Other Inconsistencies

Current through Reg. 49, No. 28; July
				  12, 2024
(a) In the
				  event that discrepancies exist between geographical descriptions and
				  representations and textual descriptions of the geographic area in this
				  subchapter, the representation or description creating the larger geographical
				  area or more stringent requirements regarding the handling or movement of
				  regulated articles shall control.
(b) The textual description of the plant
				  disease shall control over any graphical representation of the same.
(c) Where otherwise clear as to intent, the
				  mistyping of a scientific or common name in this subchapter shall not be
				  grounds for exemption of compliance with the requirements of this
				  subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.500 - Quarantined Pest

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Mexican
				  fruit fly (Mexfly),
Anastrepha ludens,
a dangerous insect pest
				  of the host plants listed in §
										RSA 19.503 of
				  this subchapter (relating to regulated articles), is the quarantined pest.
(b) Basis for the quarantine. The
				  Mexfly is not native to the United States, but is able to establish
				  infestations in Texas and some other parts of this country through cross-border
				  traffic and trade and by natural dispersal. Mated female Mexflies oviposit in
				  fruit, and resulting larvae feed on the flesh of the fruit, thereby making the
				  fruit unmarketable. The department, many other states, and the USDA consider
				  the Mexican fruit fly to be a serious plant pest whose control and eventual
				  eradication from quarantined areas is imperative.
(c) The department is authorized by the Texas
				  Agriculture Code, §
										RSA
				  71.002, to establish a quarantine against the
				  dangerous insect pest identified in this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.501 - Duration of Quarantine

Current through Reg. 49, No. 28; July 12,
				  2024
Any quarantined area established under this subchapter
					 shall remain in effect until the quarantined pest described in §
										RSA 19.500 of
					 this title (relating to the Quarantined Pest) is eradicated from that area. The
					 quarantined pest shall be considered eradicated from a quarantined area when no
					 additional Mexican fruit flies are detected for a time period equal to three
					 consecutive generations after the most recent detection. For the Mexican fruit
					 fly, the number of days required to complete a reproductive cycle, one
					 generation, is temperature dependent; therefore, a day-degree model will be
					 used to calculate the duration of each consecutive
					 generation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.502 - Geographical Areas Subject to the Quarantine

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Quarantined areas. Those areas described on the department's Mexican Fruit Fly
				  Quarantine web page (
http://www.TexasAgriculture.gov
)
				  as quarantined areas under this subchapter, are declared to be quarantined
				  areas.
(b) Core areas. Those areas
				  described on the department's Mexican Fruit Fly Quarantine web page (
http://www.TexasAgriculture.gov
)
				  as core areas under this subchapter, are declared to be core areas.
(c) New or revised quarantined areas or core
				  areas. On the basis of new or revised information, the department may declare,
				  augment, diminish, fuse, eliminate, rename or otherwise modify quarantined
				  areas and core areas.
(d)
				  Designation or modification of a quarantined area or a core area is effective
				  upon the posting of the notification of the quarantined area or core area on
				  the department's Mexican Fruit Fly Quarantine web page (
http://www.TexasAgriculture.gov
.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.503 - Regulated articles

Current through Reg. 49, No. 28; July 12,
				  2024
(a) An article
				  subject to the quarantine, or regulated article, is any article described as a
				  regulated article for Mexican fruit fly by Title 7, Code of Federal Regulations
				  (CFR) §301.32-2.
(b) A plant
				  is a regulated article only if it has an attached fruit that is a regulated
				  article.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.504 - Restrictions on Movement of Articles Subject to the Quarantine

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) A regulated article or quarantined pest
				  shall not be moved into, within, out of, or through a quarantined area except
				  as specified in this subchapter.
(b) Movement of regulated articles that are
				  detached fruit.
(1) Regulated articles that
				  are detached fruit may be moved into, within, out of, or through a quarantined
				  area only if:
(A) the grower, transporter and
				  processor have entered into a compliance agreement with the department or the
				  USDA; and
(B) the fruit is treated
				  and handled in accordance with the requirements set forth in the compliance
				  agreement; and
(C) the fruit is
				  accompanied by documentation of:
(i)
				  treatments required by either this subchapter or a compliance agreement; and
(ii) the origin of the regulated
				  articles.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.505 - Monitoring, Handling and Treatment of Regulated Articles

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) A regulated article or quarantined pest
				  located within a core area shall be monitored, handled, and treated by ground
				  or aerial sprays, as prescribed in a written notice issued by the department or
				  the USDA or as specified in a written compliance agreement between the
				  department or the USDA and the owner or person in control of the regulated
				  article or the property on which the regulated article is located.
(b) The owner or manager of an orchard, other
				  commercial fruit operation, or nursery subject to quarantine requirements may
				  be required to bear all treatment expenses.
(c) Homeowners located in the core areas who
				  enter into a written compliance agreement with the department or the USDA shall
				  not be required to pay treatment expenses for fruit or fruit trees grown,
				  harvested, or found on their residential property, unless the fruit or fruit
				  tree is transported to the residential property from an orchard, other
				  commercial fruit operation, or nursery owned or operated by the homeowner or at
				  which the homeowner is employed, at a time during which the quarantine is in
				  effect.
(d) Unless otherwise
				  specified in a written notice issued by the department or the USDA or in a
				  written compliance agreement between the person and the department or the USDA,
				  a wholesaler, fruit retailer, street fruit vendor, or flea market stall
				  operator located within the quarantined area shall cover or enclose detached
				  fruit with Mexfly exclusionary air curtains, screens, plastic sheets, boxes
				  without holes or other openings, or tarpaulins.
(e) A person who within the quarantined area
				  is holding or displaying for sale or distribution a plant the fruit of which is
				  a regulated article shall ensure that each such plant is free of fruit at all
				  times prior to sale or distribution of the plant.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.506 - Unsanitary Conditions With Regard to Regulated Articles and the Quarantined Pest; Orders of Department

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Persons in
				  a quarantined area shall maintain premises in sanitary condition, with regard
				  to regulated articles and the quarantined pest.
(1) When fruit is present at the location,
				  maintenance shall be performed at least once every 21 days, to prevent
				  accumulation of and remove all fruit that is fallen, decomposing, culled, or
				  not to be harvested, and immediately dispose of such fruit, according to
				  paragraph (3) of this subsection.
(2) Within the harvest period, each person
				  shall clean fallen, refuse, or cull fruit from his or her premises once in each
				  seven-day period and immediately dispose of such fruit, according to paragraph
				  (3) of this subsection.
(3) Fruit
				  that is fallen, decomposing, culled or not to be harvested shall be:
(A) buried at a depth of not less than 18
				  inches below the surface of well-tamped soil; or
(B) disposed of in another manner that
				  prevents reproduction of the quarantined pest and is satisfactory to the
				  department.
(4) A
				  person maintains an unsanitary condition with regard to regulated articles and
				  the quarantined pest if the person:
(A) is
				  not compliant with the requirements and restrictions in paragraphs (1), (2),
				  and (3) of this subsection; or
(B)
				  has host fruit on trees on the premises during the host-free period.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.507 - Consequences for Failure to Comply with Quarantine Restrictions

Current
				  through Reg. 49, No. 28; July 12, 2024
A person who fails to comply with quarantine restrictions
					 or requirements or a department order relating to the quarantine may be subject
					 to administrative penalties not to exceed $5,000 per occurrence, civil
					 penalties not to exceed $10,000 per occurrence, or criminal prosecution. Each
					 day a violation occurs or continues may be considered a separate occurrence.
					 Additionally, the department is authorized to seize and treat or destroy, or
					 order to be treated or destroyed, any regulated article that is found to be
					 infested with the quarantined pest or, regardless of whether infested or not,
					 transported out of, within or through a quarantined area in violation of this
					 subchapter. Treatment, destruction, storage, or other charges, including those
					 incurred by the department, are chargeable to the owner of the quarantined
					 article to be treated or destroyed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.508 - Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions

Current through Reg. 49, No. 28; July
				  12, 2024
An order under the quarantine may be appealed according to
					 procedures set forth in the Texas Agriculture Code, §
										RSA
					 72.041.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter V - MEXICAN FRUIT FLY QUARANTINE › Section 19.509 - Conflicts Between Graphical Representations and Textual Descriptions; Other Inconsistencies

Current through Reg. 49, No. 28; July
				  12, 2024
(a) In the
				  event that discrepancies exist between graphical representations and textual
				  descriptions in this subchapter, the representation or description creating the
				  larger geographical area or more stringent requirements regarding the handling
				  or movement of quarantined articles shall control.
(b) The textual description of the insect
				  pest shall control over any graphical representation of the same.
(c) Where otherwise clear as to intent, the
				  mistyping of a scientific or common name in this subchapter shall not be
				  grounds for avoiding the requirements of this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter W - RED PALM MITE QUARANTINE › Section 19.600 - Quarantined Pest

Current through Reg. 49, No. 28; July 12,
				  2024
The quarantined pest is the red palm mite,
Raoiella
					 indica
Hirst in any living stage of development.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter W - RED PALM MITE QUARANTINE › Section 19.601 - Quarantined Areas

Current through Reg. 49, No. 28; July 12,
				  2024
The quarantined areas are:
(1) Broward, Collier, Dade, Lee, Martin,
				  Monroe, Palm Beach, and St. Lucie counties in the State of Florida;
				  and
(2) any other area infested
				  with the red palm mite.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter W - RED PALM MITE QUARANTINE › Section 19.602 - Quarantined Articles

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The quarantined
				  pest is a quarantined article.
(b)
				  The following articles are quarantined:
Attached
					 Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter W - RED PALM MITE QUARANTINE › Section 19.603 - Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Quarantined articles originating
				  from quarantined areas are prohibited entry into Texas, except as provided in
				  subsection (b) of this section.
(b)
				  Exceptions. Quarantined articles from quarantined areas are allowed entry into
				  Texas if:
(1) treated within 14 days of the
				  shipment as approved by the department; and
(2) accompanied by a phytosanitary
				  certificate issued by an authorized inspector of the state of origin certifying
				  that the article was inspected within 14 days of the shipment and is free of
				  the quarantined pest; or
(3)
				  accompanied by a stamp issued by an authorized representative of the state of
				  origin certifying that the article was produced at a nursery which has entered
				  into a compliance agreement with the state of origin to treat and handle the
				  quarantined article as prescribed by the department and the article is free of
				  the quarantined pest.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.615 - Basis for Quarantine; Quarantined Pest - Dangerous Plant Disease (Proscribed Biological Entity)

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Quarantined
				  pest is citrus greening. The department finds that citrus greening,
"Candidatus
Liberibacter asiaticus," is a dangerous plant
				  disease that is not widely distributed in this state.
(b) Description of dangerous plant disease.
				  Host plants. Citrus greening is a dangerous plant disease that can infect and
				  be carried by all plant parts (including leaves and propagative seeds) except
				  fruit of
Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis, A.
				  paniculata, Amyris madrensis, Atalantia
spp. (including
Atalantia monophylla), Balsamocitrus dawei, Bergera;
(=
Murraya) koenigii, Calodendrum capense, Choisya ternata, C.
				  arizonica,
X
Citroncirus webberi, Citropsis articulata,
				  Citropsis gilletiana, Citrus madurensis
(= X
Citrofortunella
				  microcarpa), Citrus
spp.,
Clausena anisum-olens, C. excavata,
				  C. indica, C. lansium, Eremocitrus glauca, Eremocitrus
hybrid,
Esenbeckia berlandieri, Fortunella
spp.,
Limonia
				  acidissima, Merrillia caloxylon, Microcitrus australasica, M. australis, M.
				  papuana,
X
Microcitronella
spp.,
Murraya
spp.,
Naringi crenulata, Pamburus missionis,
				  Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Tetradium
				  ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris
(=
Toddalia) lanceolata,
and
Zanthoxylum fagara.
A majority of these plants also are hosts of Asian citrus psyllid
Diaphorina citri,
the vector of citrus greening in the United
				  States. Citrus greening is a bacterial disease that attacks the vascular system
				  of plants. Once infected, there is no cure for a tree with citrus greening
				  disease. In areas of the world where citrus greening is endemic, citrus trees
				  decline and die within a few years. Citrus greening is considered a serious
				  disease by the United States Department of Agriculture (USDA) as well as many
				  states.
(c) Establishment of
				  quarantine. The department is authorized by the Texas Agriculture Code, §
										RSA
				  71.002, to establish a quarantine against the
				  dangerous plant disease, citrus greening, identified in this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.616 - Infested Geographical Areas Subject to the Quarantine

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Quarantined infested areas.
(1) Quarantined infested areas, or
				  quarantined areas (infested geographical areas subject to the quarantine), are
				  those locations within this state in which the dangerous plant disease is
				  currently found, from which dissemination of the disease is to be prevented,
				  and within which the disease is to be managed or eradicated.
(2) The quarantine boundaries found in
				  subsection (b) of this section are declared to be the boundaries of quarantined
				  infested areas, or quarantined areas. The department may designate additional
				  or expanded quarantined infested areas or quarantined areas, or a reduction of
				  the quarantined area based upon the confirmation of the presence or absence of
				  the citrus greening. The designations will be effective upon the posting of the
				  notification of the quarantined infested areas or quarantined areas on the
				  department's website (http://www.TexasAgriculture.gov). Notification consists
				  of a map and a description of the quarantined infested areas or quarantined
				  areas. A printed copy of the notification is available at the department's
				  Valley Regional Office, 900-B, East Expressway 83, San Juan, Texas 78217, (956)
				  787-8866. In addition, notification will be made through press release by the
				  department. Each quarantined area is bounded on all sides by a line drawn using
				  the World Geographic Coordinate System of 1984.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.617 - Articles Subject to the Quarantine

Current through Reg. 49, No.
				  28; July 12, 2024
An article subject to the quarantine, or regulated article,
					 is any article described as a regulated article by Title 7, Code of Federal
					 Regulations (CFR) §301.76-2.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.618 - Restrictions on Production, Movement or Distribution of Articles Subject to the Quarantine

Current through Reg. 49, No. 28; July 12,
				  2024
(a) In addition to
				  other restrictions that may apply:
(1) In a
				  quarantined area, any regulated article intended for interstate movement,
				  distribution or sale shall conform to:
(A)
				  the requirements of
				  RSA
				  301.76; and
(B) those requirements of §
												RSA
				  19.622 of this subchapter (relating to
				  Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone) that apply to
				  all regulated articles intended for interstate movement; or
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.619 - Consequences for Failure to Comply with Quarantine Restrictions

Current through Reg. 49, No. 28; July 12, 2024
A person who fails to comply with quarantine restrictions
					 or requirements or a department order relating to the quarantine is subject to
					 administrative or civil penalties up to $10,000 per day for any violation of
					 the order and to the assessment of costs for any treatment or destruction that
					 must be performed by the department in the absence of such compliance.
					 Additionally, the department is authorized to seize and treat or destroy, or
					 order to be treated or destroyed, any quarantined article that is found to be
					 infested with the quarantined pest or, regardless of whether infected or not,
					 transported within, out of, or through the quarantined area in violation of
					 this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.620 - Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions

Current through Reg. 49, No. 28; July 12,
				  2024
An order under the quarantine may be appealed according to
					 procedures set forth in the Texas Agriculture Code, §
										RSA
					 71.010.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.621 - Conflicts Between Graphical Representations and Textual Descriptions; Other Inconsistencies

Current through Reg. 49, No. 28; July
				  12, 2024
(a) In the
				  event that discrepancies exist between graphical representations and textual
				  descriptions in this subchapter, the representation or description creating the
				  larger geographical area or more stringent requirements regarding the handling
				  or movement of quarantined articles shall control.
(b) The textual description of the plant
				  disease shall control over any graphical representation of the same.
(c) Where otherwise clear as to intent, the
				  mistyping of a scientific or common name in this subchapter shall not be
				  grounds for avoiding the requirements of this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter X - CITRUS GREENING QUARANTINE › Section 19.622 - Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone

Current through Reg. 49, No. 28; July 12, 2024
(a) Treatment Requirements:
(1) Interstate sale, distribution or
				  movement. Any regulated article produced or under production in the citrus
				  zone, as specified in §
											RSA 21.4 of this
				  title (relating to Citrus Zone), that is intended for interstate sale,
				  distribution or movement shall be treated as provided in
				  RSA
				  301.76, and as specified in the "Interstate
				  Movement of Citrus and other Rutaceous Plants For Planting From Areas
				  Quarantined for Citrus Canker, Citrus Greening, or Asian Citrus Psyllid" as
				  published by the United States Department of Agriculture, Animal and Plant
				  Health Inspection Service, Plant Protection and Quarantine. A copy of the
				  requirements may be obtained by contacting the department's Valley Regional
				  Office, 900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866;
				  and
(2) Intrastate sale,
				  distribution or movement. Any regulated article produced or under production in
				  the citrus zone, as specified in §
											RSA 21.4 of this
				  title, that is intended for intrastate sale, distribution or movement, either
				  within or outside of the Citrus Zone:
(A)
				  Prior to any sale, distribution or movement shall be treated as specified in
				  the "Interstate Movement of Citrus and other Rutaceous Plants For Planting From
				  Areas Quarantined for Citrus Canker, Citrus Greening, or Asian Citrus Psyllid"
				  as published by the United States Department of Agriculture, Animal and Plant
				  Health Inspection Service, Plant Protection and Quarantine; and
(B) If any maximum treatment period specified
				  under subparagraph (A) of this paragraph expires before all regulated articles
				  have been sold, distributed or moved, the required treatment shall be
				  re-applied, as necessary. No regulated article that is not compliant with all
				  treatment requirements may be sold, distributed, or moved.
(C) A copy of the requirements in this
				  subsection may be obtained by contacting the department's Valley Regional
				  Office, 900-B East Expressway 82, San Juan, Texas 78598, (956)
				  787-8866.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter Z - EMERALD ASH BORER QUARANTINE › Section 19.700 - Quarantined Pest

Current through Reg. 49, No. 28; July 12,
				  2024
The quarantined pest is the emerald ash borer,
Agrilus planipennis,
in any life stage.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter Z - EMERALD ASH BORER QUARANTINE › Section 19.701 - Quarantined Areas

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The quarantined
				  areas are those areas described on the department's website (
http://www.TexasAgriculture.gov
)
				  as quarantined areas under this subchapter.
(b) The department may designate additional
				  or expanded quarantined areas, or a reduction of the quarantined area, based
				  upon the confirmation of the presence or absence of the emerald ash borer. The
				  designations will be effective upon the posting of the notification of the
				  quarantined areas on the department's website.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter Z - EMERALD ASH BORER QUARANTINE › Section 19.702 - Quarantined Articles

Current through Reg. 49, No. 28; July 12,
				  2024
The quarantined articles are:
(1) the quarantined pest;
(2) firewood of all hardwood (non-coniferous)
				  species;
(3) ash
				  (
Fraxinus
spp.) nursery stock; and
(4) any other material living, dead, cut, or
				  fallen, including green lumber, logs, stumps, roots, branches, and composted
				  and uncomposted chips of the genus
Fraxinus.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter Z - EMERALD ASH BORER QUARANTINE › Section 19.703 - Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Quarantined articles originating
				  from quarantined areas are prohibited entry into or through the free areas of
				  Texas, except as provided in subsections (b) and (c) of this section.
(b) Exemptions.
(1) Processed lumber that is free of bark or
				  has been kiln dried or fumigated.
(2) Finished wood products without
				  bark.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter A - GENERAL PROVISIONS › Section 20.1 - Definitions

Current through Reg. 49, No. 28; July 12,
				  2024
In addition to the definitions set out in the Texas
					 Agriculture Code, Chapter 74, and Part 1, Chapter 1, §
										1.1 of this title, the following
					 words and terms, when used in this chapter, shall have the following meanings
					 unless the context clearly indicates otherwise.
(1) Certificate--A phytosanitary certificate
				  issued by an authorized representative of the department allowing the movement
				  of plants or plant products, or a document issued by an authorized
				  representative of the department allowing the movement of equipment or
				  vehicles.
(2) Certified Cotton
				  Producer Organization--An organization approved and certified under the
				  requirements established by the National Cotton Council.
(3) Compliance agreement--A written agreement
				  signed by a person engaged in growing, distributing, handling or moving
				  regulated articles whereby, he or she agrees to comply with conditions
				  specified in the agreement concerning the basis upon which a certificate may be
				  issued for movement of regulated articles or for the purposes of compliance
				  with applicable rules.
(4)
				  Commercial cotton--Cotton grown for sale or barter.
(5) Commercial cotton field--A field in which
				  commercial cotton has been planted, or is being grown, until either:
(A) the end date for destruction
				  requirements, as provided in §
											RSA
				  20.22 of this chapter (relating to Stalk
				  Destruction Requirements), for fields in a pest management zone; or
(B) the emergence of a new cotton crop in the
				  area, for fields not located in a pest management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter A - GENERAL PROVISIONS › Section 20.3 - Violations and Enforcement Actions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Violations. In
				  addition to any other violations that may arise under requirements of the Texas
				  Agriculture Code, Chapter 74, or regulations adopted pursuant to the Texas
				  Agriculture Code, Chapter 71 or Chapter 74:
(1) Failure to comply with cotton stalk
				  destruction requirements outlined in Subchapter C of this chapter (relating to
				  Stalk Destruction Program) or Subchapter D of this chapter (relating to
				  Regulation of Volunteer and Other Noncommercial Cotton; Hostable Cotton Fee)
				  constitutes a violation.
(2) Cotton
				  that is allowed to develop fruiting structures after the destruction deadline
				  constitutes a violation, if the producer or responsible party fails to submit a
				  required hostable commercial cotton fee or a hostable noncommercial cotton
				  fee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.10 - Quarantined Pest

Current through Reg. 49, No. 28; July 12,
				  2024
The quarantined pest is the boll weevil, Anthonomus grandis
					 Boheman, in any living stage of development.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.11 - Quarantined Areas

Current through Reg. 49, No. 28; July 12,
				  2024
The quarantined areas are those areas not declared as
					 suppressed, functionally eradicated, or eradicated.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.12 - Suppressed Areas

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The
				  commissioner may grant a request for declaration of an area in Texas as
				  suppressed after a written recommendation is submitted to the department from
				  the foundation, supported by scientific documentation acceptable to the
				  department indicating that movement of regulated articles into the area
				  presents a threat to the success of boll weevil eradication.
(b) The department will recognize as
				  suppressed any areas outside of Texas that are declared suppressed by that
				  state's department of agriculture if the department determines that state's
				  definition of a suppressed area is equivalent to the definition of a suppressed
				  area in §
										20.1 of this chapter (relating to
				  Definitions ).
(c) The department
				  has determined that the New Mexico and Oklahoma departments of agriculture's
				  definitions of a suppressed area are equivalent to the definition of a
				  suppressed area in §
										20.1 of this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.13 - Functionally Eradicated Areas

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The
				  commissioner may grant a request for declaration of an area in Texas as
				  functionally eradicated after a written recommendation is submitted to the
				  department from the foundation, supported by scientific documentation
				  acceptable to the department indicating that movement of regulated articles
				  into the area presents a threat to the success of boll weevil
				  eradication.
(b) The department
				  will recognize as functionally eradicated any areas outside of Texas that are
				  declared functionally eradicated by that state's department of agriculture if
				  that state's definition of a functionally eradicated area is equivalent to the
				  definition of a functionally eradicated area in §
										20.1 of this chapter (relating to
				  Definitions).
(c) The department
				  has determined that the definitions of a functionally eradicated area of New
				  Mexico and Oklahoma departments of agriculture are equivalent to the definition
				  of a functionally eradicated area in §
										20.1 of this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.14 - Eradicated Areas

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The
				  commissioner may grant a request for an area in Texas to be declared eradicated
				  after a written recommendation is submitted to the department by the
				  foundation, supported by scientific documentation acceptable to the department
				  indicating that movement of regulated articles into the area presents a threat
				  to the success of boll weevil eradication.
(b) The West Texas Maintenance Area, as
				  provided in §
										3.702 of this title (relating to
				  West Texas Maintenance Area), and the East Texas Maintenance Area, as provided
				  in §
										3.705 of this title (relating to
				  East Texas Maintenance Area) have been declared eradicated areas by the
				  commissioner.
(c) The department
				  will recognize as eradicated any areas outside of Texas that are declared
				  eradicated by that state's department of agriculture if that state's definition
				  of an eradicated area is equivalent to the definition of an eradicated area in
				  §
										20.1 of this chapter (relating to
				  Definitions ).
(d) The department
				  has determined that the definitions of an eradicated area of the New Mexico and
				  Oklahoma departments of agriculture are equivalent to the definition of an
				  eradicated area in §
										20.1 of this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.15 - Regulated Articles

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The quarantined
				  pest as defined in §
										20.10 of this chapter (relating to
				  Quarantined Pest).
(b) Cotton
				  harvesting equipment and other equipment associated with the production and
				  transport of cotton, including, but not limited to the following:
(1) harvest equipment:
(A) cotton pickers;
(B) cotton strippers; or
(C) other mechanical harvesting
				  equipment;
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.16 - Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Movement of regulated articles
				  is prohibited in the following cases:
(1)
				  from or through a quarantined area to an eradicated area, a functionally
				  eradicated area, or a suppressed area;
(2) from or through a suppressed area to an
				  eradicated area or a functionally eradicated area;
(3) from or through a functionally eradicated
				  area to an eradicated area;
(4)
				  when the department determines that the movement may cause an increase in
				  infestation of boll weevil; or
(5)
				  from an area infested with the boll weevil if the area is not participating in
				  the boll weevil eradication program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter B - QUARANTINE REQUIREMENTS › Section 20.17 - Inspections and Certificates

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Inspections. An
				  inspection for movement of regulated articles may be obtained upon request to
				  the department.
(b) Certificates.
(1) An inspection certificate may be issued
				  certifying the movement of regulated articles in compliance with these rules
				  for the current growing season, if an authorized representative of the
				  department determines:
(A) that adequate
				  measures have been taken to ensure that there will be little or no danger of
				  increased infestation of the quarantined pest or expansion of a regulated area
				  by such movement;
(B) that the
				  articles have been treated to eliminate infestation of the quarantined pest,
				  for a specific location; or
(C)
				  that such movement will not result in the spread or increased infestation of
				  the quarantined pest.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter C - STALK DESTRUCTION PROGRAM › Section 20.20 - Pest Management Zones

Current through Reg. 49, No. 28; July
				  12, 2024
(a)
				  Establishment. The department may establish a geographical zone of all or part
				  of one or more counties to control or prevent the spread of cotton pests.
(1) A petition for establishment or change of
				  zone boundaries of a pest management zone will be considered if submitted by: a
				  certified cotton producer organization within the pest management zone; a
				  County Extension Agriculture Committee; a county Farm Service Agency (FSA)
				  Committee; an established agriculture business that is representative of the
				  proposed pest management zone; or any other established business or non-profit
				  organization as approved by the department.
(2) A recommendation for change of a pest
				  management zone's boundaries will also be considered by the department if
				  approved by majority vote of the pest management zone's Cotton Producer
				  Advisory Committee and so documented in the meeting minutes.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter C - STALK DESTRUCTION PROGRAM › Section 20.21 - Cotton Producer Advisory Committees

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) Each
				  pest management zone shall be governed by a Cotton Producer Advisory Committee.
				  Producer representation of counties within the zone shall be based on the
				  previous year's total certified cotton production acreage in each county as
				  follows:
(1) one to 25,000 acres = one
				  representative;
(2) 25,001 to
				  50,000 acres = two representatives;
(3) 50,001 to 75,000 acres = three
				  representatives;
(4) 75,001 to
				  100,000 acres = four representatives;
(5) 100,001 to 125,000 acres = five
				  representatives;
(6) 125,001 to
				  150,000 acres = six representatives;
(7) 150,001 to 175,000 acres = seven
				  representatives;
(8) 175,001 to
				  200,000 acres = eight representatives;
(9) 200,001 to 225,000 acres = nine
				  representatives; and
(10) more than
				  225,001 acres = ten representatives.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter C - STALK DESTRUCTION PROGRAM › Section 20.22 - Stalk Destruction Requirements

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Deadline and methods. From the destruction deadline until the end date for
				  destruction requirements, all cotton plants in a Pest Management Zone shall be
				  non-hostable. Enforcement of destruction requirements begins on the day
				  immediately following the destruction deadline date. Additional requirements
				  for stalk destruction are as follows:
(1) Zone
				  8--All cotton plants shall be shredded.
(2) Zone 9--All cotton plants shall be
				  shredded; also, the field shall be:
(A)
				  Plowed, with soil being tilled to a depth of six or more inches; or
(B) Flood irrigated, following shredding of
				  the plants, with sufficient irrigation applied to wet all soil. When flood
				  irrigation is elected:
(i) In advance of the
				  irrigation date, the department shall be notified in writing of intent to flood
				  irrigate (specifying the field's location, FSA Farm Number, FSA Tract Number,
				  FSA Field Number, a contact person and a contact phone number).
(ii) A copy of irrigation records shall be
				  presented for inspection during normal working hours, within 5 working days, if
				  so requested in writing by the department.
(3) The destruction deadlines and end date
				  for destruction requirements for cotton plants in each Pest Management Zone are
				  prescribed as follows:
Attached Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 20 - COTTON PEST CONTROL › Subchapter D - REGULATION OF VOLUNTEER AND OTHER NONCOMMERCIAL COTTON; HOSTABLE COTTON FEE › Section 20.30 - Hostable Cotton in Commercial Cotton Fields

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Hostable
				  Commercial Cotton Fee. Hostable unharvested cotton, hostable harvested cotton,
				  or hostable volunteer or other hostable noncommercial cotton, including
				  regrowth, found in a commercial cotton field after the cotton destruction
				  deadline or any extension of the destruction deadline, may be subject to a
				  hostable commercial cotton fee.
(b)
				  Grace period. Upon discovery of hostable volunteer or other noncommercial
				  cotton in a commercial cotton field, the department will give notice to the
				  grower or landowner to destroy the hostable volunteer or hostable regrowth
				  cotton within a seven-day grace period after the date notice is given. If
				  weather conditions prevent destruction of the cotton within the seven-day grace
				  period, the grower or landowner may, before the end of the seven-day grace
				  period submit a request for an extension of the grace period.
(c) Fee rates for boll weevil quarantined
				  areas. In a boll weevil quarantined area, as established by §
										20.11 of this chapter (relating to
				  Quarantined Areas) in conjunction with §§20.12 - 20.14 of this
				  chapter (relating to Suppressed Areas, Functionally Eradicated Areas, and
				  Eradicated Areas):
(1) For fields containing
				  planted stalks that remain undestroyed, the hostable commercial cotton fee is
				  calculated at:
(A) $10.00 per acre for each
				  full or partial week through the end of the fifth week after the destruction
				  deadline or any approved extension of the destruction deadline; and
(B) $15.00 per acre for each full or partial
				  week beginning with the sixth week after the date of the destruction deadline
				  or any approved extension of the destruction deadline.