TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 21. CITRUS

The Texas Department of Agriculture (the Department) proposes the repeal of Title 4, Part 1, Subchapter A, Citrus Quarantines, §§21.1, 21.6 - 21.9; the repeal of Subchapter C, Foundation Block, Increase Block, and Production of Certified Budwood, §21.38 and §21.39; the repeal of Subchapter D, Citrus Nursery Stock Certification Program, §21.61 and §21.63; and the repeal of Subchapter E, Citrus Nursery Stock Propagation in Areas of Texas Outside the Citrus Zone, §21.80. The Department proposes amendments to §21.5 of Subchapter A, and new §§21.1, and 21.6 - 21.10; the amendment of the title of Subchapter C to "Foundation Block, Scion Block, Increase Block, and Protection of Certified Budwood," and amendments to §§21.31, 21.35, 21.36, and §21.41, and new §21.38 and §21.44; amendments to Subchapter D, §§21.60, 21.62, 21.63, and 21.67, and new §21.61; amendments to Subchapter E, §21.83 and §21.84, and new §21.80; and amendment of the title of Subchapter F to "State Certified Clean Citrus Stock Program," and the amendment of §21.90.

The proposed rules are necessary to protect the state's vital citrus fruit and nursery production areas by combatting the spread of citrus greening, citrus canker and other dangerous citrus pests and diseases. The Department has determined that the citrus and nursery industries are in peril of the spread of citrus greening disease and citrus canker disease. The rules are proposed to reduce the threat of irreparable and widespread damage to commercial citrus groves, citrus plant production nurseries, and ornamental citrus in non-infected areas caused by citrus greening and citrus canker. The proposed rules consolidate and clarify definitions, amend requirements and restrictions for citrus and revise the regulatory framework for the growing of citrus nursery stock for commercial or noncommercial use.

The Department proposes new §21.1 to clarify definitions of terms used in the chapter; amendments to §21.5 update restrictions, requirements and references to external documents; new §21.6 removes the subsection related to exemptions as those references are now stated in §21.9; new §21.7 expands treatment requirements; new §21.8 corrects the citation for violations; §21.9 is amended to revise labeling requirements for citrus plants, including exemptions; and amendments to §21.10 prescribe recordkeeping requirements related to treatment applications and transportation. Subchapter A has been renumbered to accommodate new §21.7, related to Treatment Requirements.

The title of Subchapter C is proposed for renaming to "Foundation Block, Scion Block, Increase Block, and Production of Certified Budwood" to reflect additional content. Proposed amendments throughout Subchapter C add references to foundation or scion block, when appropriate. Sections 21.31, 21.36 and 21.44 include non-substantive changes for clarification and capitalization; proposed §21.35 provides that the Citrus Budwood Advisory Council shall be consulted regarding the approval of emergency requests for extension of duration of use of increase trees; §21.38 is proposed for repeal, and adoption as a new rule for clarity. Proposed new §21.38 incorporates changes necessary related to scion trees, clarifies recordkeeping requirements and ensures proper testing and identification is maintained. New §21.44 establishes requirements for scion trees and scion blocks.

The Department’s proposed amendments to §21.60 add recordkeeping requirements; amendments to §21.61 add new requirements related to certified citrus facility structures (§21.61 has been adopted as an emergency rule, effective as of November 2, 2017; the adoption shall be published in the November 17, 2017, issue of the Texas Register); §21.62 removes an outdated reference to the increase of fees; §21.63 expands certified citrus nursery sanitation requirements; and amendments to §21.67 remove recordkeeping requirements prescribed in §19.622 of this title, related to Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone.

The Department proposes amendments to §21.80 that clarify requirements related to propagation of citrus nursery stock in areas of Texas outside the Citrus Zone; non-substantive amendments to §21.83; and amendments to §21.84 which clarify labeling requirements now addressed in proposed amendments to Subchapter A, §21.9.

The title of Subchapter F is proposed for renaming as the "State Certified Clean Citrus Stock Program," and proposed amendments to §21.90 clarity requirements related to citrus canker.

The Citrus Budwood Advisory Council was consulted, and its recommendations have been taken under consideration, as authorized by §19.006 of the Agriculture Code. The Council provided input regarding regulations necessary for administering the citrus nursery certification program, as well as nursery stock propagation, and the regulated sale of citrus budwood and trees which is vital for the protection of the citrus industry.

Dale Scott, Director of Environmental & Biosecurity Programs, has determined that there will be no fiscal impact to state or local government as a result of implementing the proposed rules.

Mr. Scott has also determined that for each year of the first five years the proposed amendments, repeals, and new sections are in effect, the public benefit anticipated as a result of administering the proposed rule will be the reduction in the spread of citrus greening disease and citrus canker due to clean plant production activities and result in safeguarding the citrus plant export markets. While there will be costs for compliance with new recordkeeping and pest exclusionary structure requirements, those costs will vary based on the size of the facility, nursery or citrus producer, and therefore cannot be determined at this time. Costs will depend on factors such as the volume of articles being, facility design, facility square footage, plant density, production time and costs associated with repairs of natural or man-made damage to regulated structures.

Dale Scott, Director of Environmental & Biosecurity Programs, has provided the following information related to the government growth impact statement, as required pursuant to Texas Government Code, §2001.021.

As a result of implementing the proposal, for the first five years the proposed rules are in effect:

(1) no new or current government or Department programs will be created or eliminated;

(2) no employee positions will be created, nor will any existing Department staff positions be eliminated; and

(3) there will not be an increase or decrease in future legislative appropriations to the Department.

Additionally, Mr. Scott has determined that for the first five years the proposed rules are in effect:

(4) there will be no increase or decrease in fees paid to the Department;

(5) there will be no new regulations created by the proposal;

(6) there will be an expansion of regulations applicable to quarantined areas, which will help to slow the spread of quarantined citrus pests, and contain pests and diseases to continue the disease free production of the citrus industry, as well as ensure proper recordkeeping and maintenance for inspection and verification;

(7) there will be no increase or decrease to the number of individuals subject to the proposal as the citrus and nursery industries and its producers are currently subject to compliance with requirements set forth in this Chapters 19 and 21 of this title; and

(8) the proposal will positively affect the Texas economy by protecting the Texas citrus industry from devastation as a result of the spread of citrus greening and citrus canker disease which can damage and destroy citrus crops.

Written comments on the proposal may be submitted to Dale Scott, Director of Environmental & Biosecurity Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711; or by email to Dale.Scott@TexasAgriculture.gov. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

SUBCHAPTER A. CITRUS QUARANTINES

4 TAC §§21.1, 21.6 - 21.9

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.1.Definitions.

§21.6.Restrictions.

§21.7.Violations and Penalties.

§21.8.Labeling Requirements and Non-Rebuttable Presumption.

§21.9.Record keeping; Rebuttable Presumption; and Seizure.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704564

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER C. FOUNDATION BLOCK, INCREASE BLOCK, AND PRODUCTION OF CERTIFIED BUDWOOD

4 TAC §21.38 , §21.39

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.38Recordkeeping Requirements.

§21.39.Designated Commercial Fruit Production Varieties.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704565

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER D. CITRUS NURSERY STOCK CERTIFICATION PROGRAM

4 TAC §§21.61, 21.63

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.61.Facility Structural Requirements.

§21.63.Sanitation Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704566

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER E. CITRUS NURSERY STOCK PROPAGATION IN AREAS OF TEXAS OUTSIDE THE CITRUS ZONE

4 TAC §21.80

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.80.Citrus Nursery Stock Propagation within Areas of Texas Outside the Citrus Zone.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704567

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER A. CITRUS QUARANTINES

4 TAC §§21.1, 21.5 - 21.10

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.1.Definitions.

In addition to the definitions set forth in the Texas Agriculture Code, Chapter 19, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) ACP--Asian citrus psyllid.

(2) Breach--Any circumstance that would allow free access by quarantined pests into a facility, container, package or means of conveyance.

(3) Budwood--A portion of a stem or branch with vegetative buds used in propagation for budding or grafting; or more generally, any citrus cell, tissue, callus or cutting intended for use in the vegetative propagation of a citrus plant.

(4) California Citrus Clonal Protection Program--A program established by the California Department of Food and Agriculture and operated within the University of California system to provide a source of disease-free budwood to the citrus industry.

(5) Certified budwood or certified citrus budwood--Budwood produced either in a foundation block, scion block or increase block in accordance with Subchapter C of this chapter (relating to Foundation Block, Scion Block, Increase Block, and Production of Certified Budwood).

(6) Certified citrus nursery--A citrus nursery enclosed in a pest exclusionary structure approved by the Department and meeting the requirements of Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).

(7) Certified laboratory--A laboratory accredited to perform disease diagnostics by the National Plant Protection and Laboratory Accreditation Program of the USDA-APHIS-PPQ.

(8) Certified citrus nursery facility--A certified citrus nursery containing one or multiple approved pest exclusionary structures at one location.

(9) Citrus or citrus plant or citrus tree--Any plant in genus Citrus, Eremocitrus, Microcitrus, Poncirus, or Fortunella, including any hybrid, grafted or other plant having parentage in any of those genera; also, Murraya exotica and Murraya paniculata (orange jasmine, orange jessamine or limonaria).

(10) Citrus identification plan--A Department approved plan for the identification and tracking of citrus plants produced for the purpose of sale or distribution.

(11) Code--The Texas Agriculture Code.

(12) Commercial citrus fruit--Citrus fruit that has been cleaned and processed in a commercial facility according to normal packinghouse procedures.

(13) Commercial Fruit Production Varieties-- The following citrus tree varieties are designated as Commercial Fruit Production Varieties.

(A) Grapefruits--"Rio Red;"

(B) Valencia oranges--"Standard," "Olinda;"

(C) Other oranges--"Marrs;" "Pineapple."

(14) CPHST--Center for Plant Health Science and Technology.

(15) Department--The Texas Department of Agriculture.

(16) Distribute--To supply, sell, deliver, lease, provide, or otherwise transfer possession or ownership of a regulated or quarantined article.

(17) Foundation block--A functional unit, regulated by the Department, consisting of one or more citrus trees that meet the requirements for foundation block trees in Subchapter C of this chapter (relating to Foundation Block, Scion Block, Increase Block and the Production of Certified Budwood).

(18) Horticulturally true to type--Conformance by a plant to the description of the particular variety from which it is genetically descended.

(19) Increase block--A functional unit, certified and regulated by the Department, consisting of one or more trees propagated using certified budwood from foundation block or scion block trees to rapidly multiply propagative material that is grown in accordance with Subchapter C of this chapter (relating to Foundation Block, Scion Block, Increase Block, and the Production of Certified Budwood).

(20) Lot--A group of trees of one or assorted cultivars that are kept together, tagged, or labeled for identification purposes and held separated from other trees.

(21) Noncommercial Citrus Varieties--All varieties of citrus that are not defined in this section as Commercial Fruit Production Varieties.

(22) Non-rebuttable presumption--A presumption that cannot be challenged with evidence.

(23) Pest or plant pest--Any living stage of any non-human organism that can directly or indirectly injure, cause damage to, or cause disease in a plant.

(24) Produce--To propagate a plant by any sexual or asexual means, including but not limited to by seed, rooted cutting, budding, grafting or tissue culture.

(25) Propagative material--Any plant or part of a plant, including seed, or plant tissue intended for use in the propagation of citrus nursery stock or other plant that is identified as a quarantined article in §21.5 of this chapter (relating to Quarantined Articles).

(26) Rebuttable presumption--A disputable presumption or a presumption which may be challenged with evidence.

(27) Regulated article--Any citrus plant grown for the purpose of sale or distribution.

(28) Retail buyer--A person who receives a regulated article other than for the purpose of resale.

(29) Rootstock--A plant or plant part produced for use as the recipient understock in budding or grafting.

(30) Scion tree--A citrus tree grown from budwood taken from a registered foundation tree, maintained in a scion tree block in a certified facility of a certified citrus nursery, and registered with the Department as a source of budwood. Scion trees shall meet all the requirements for foundation or source trees.

(31) Seize or Seizure--To take official control of a regulated or quarantined article either determined to have been transported or carried from a quarantined area in violation of a quarantine or determined to be infected with a disease or insect pest, at any stage of development, dangerous to a citrus plant, citrus plant product, or citrus substance, without regard to whether the citrus plant, citrus plant product, or citrus substance comes from an area known to be infested.

(32) Source tree--A citrus tree that has met all requirements in this chapter for use as a source of budwood or propagative material, i.e., a scion tree, increase tree, foundation tree or seed source tree.

(33) Transport--Carry, move, or transfer by motor vehicle, railcar, boat or other conveyance licensed or otherwise authorized for use on a road, railway, airway, highway or waterway of the United States or an individual state.

(34) USDA-APHIS-PPQ--United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

(35) Vegetative propagation--Any type of propagation that does not include sexual recombination, including but not limited to budding, cell culture, grafting, rooted cuttings, and air-layering.

§21.5.Quarantined Articles.

(a) Quarantined articles include the quarantined pests; any living or non-living rootstock, leaf, root, stem, limb, twig, fruit, seed, seedling or other part of any plant in the botanical family Rutaceae, subfamily Aurantioideae (including the genera Aegle, Aeglopsis, Afraegle, Atalantia, Balsamocitrus, Bergera, Burkillanthus, Calodendrum, Choisya, X Citrofortunella, Citropsis, Citrus, Clausena, Clymenia, Eremocitrus, Feronia, Feroniella, Fortunella, Glycosmis, Hesperethusa, Limnocitrus, Limonia, Luvunga, Merope, Merrillia, X Microcitronella, Microcitrus, Micromelum, Monanthocitrus, Murraya, Naringi, Oxanthera, Pamburus, Paramignya, Pleiospermium, Poncirus, Severinia, Swinglea, Tetradium, Toddalia, Triphasia, Vepris, Wenzelia and Zanthoxylum, and any hybrid thereof); and any article carrying or capable of carrying the quarantined plant pests or diseases.

(b) Exceptions: Any article covered under subsection (a) of this section that is intended only for consumption as food is not a quarantined article with respect to this subchapter,[;] if the article:

(1) (No change.)

(2) consists of one or more detached mature leaves that prior to entering Texas have been made and maintained in compliance with all applicable USDA-APHIS-PPQ requirements and restrictions. [treated in accordance with:]

[(A) The United States Department of Agriculture Animal and Plant Inspection Service (APHIS) treatment schedule T101-n-2 (methyl bromide fumigation treatment for external feeding insects on fresh herbs) at the times and rates specified in the treatment manual and safeguarded until export. This information can be found on page 5-2-28 of the treatment manual, located online at: http://www.aphis.usda.gov/import_export/plants/manuals/ports /downloads/treatment_pdf/05_02_t100schedules.pdf; or]

[(B) the irradiation requirement in 7 Code of Federal Regulations (CFR) Part 305.]

§21.6.Restrictions.

(a) General.

(1) In addition to any other applicable restrictions imposed by regulations adopted under Chapter 71 of the Code, quarantined articles may not be transported into Texas except as outlined in subsections (b) and (c) of this section. Legible and complete records sufficient to document compliance with all requirements in this section shall be kept, maintained, accessible, and made available for inspection during normal business hours for a time period no less than four years.

(2) Quarantined articles from areas of Texas outside of the citrus zone may not be transported into the citrus zone except:

(A) if approved by the Department under the conditions of a compliance agreement or a special permit issued by the Department for research, for testing of official regulatory samples, or for use in the production of parasites, predators or pathogens of a quarantined pest or other purpose deemed necessary by the department; or

(B) if the citrus nursery tree is propagated, treated and transported in accordance with §21.84 of this chapter (relating to Movement of Citrus Plants into the citrus zone or Out of an Area Quarantined for Citrus Greening).

(b) Required Labeling.

(1) In addition to the requirements in this Subchapter, any citrus nursery stock sold, moved or distributed into or within an area quarantined for citrus greening must have attached to the article or to the container of the article, a permanent and weatherproof tag or label in a clear and legible format no less than 14-point font bearing the exact words:

(A) "PROHIBITED FOR MOVEMENT OUTSIDE OF QUARANTINED AREA Penalty for Violation, Texas Department of Agriculture: TexasAgriculture.gov;" and

(B) "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2015 or AUG012015 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.

(2) Citrus nursery stock that is not in or intended for movement into a citrus greening quarantined area shall not be labeled as described in paragraph (1)(A) of this subsection.

(3) Citrus nursery stock labeled or tagged according to paragraph (1)(A) of this subsection that is offered for retail sale in an area that is not quarantined for citrus greening may be subject to seizure until documentation is provided that the nursery stock has not been in a citrus greening or citrus canker quarantine area.

(c) Budwood. Budwood may be shipped into Texas, including the citrus zone, from any state or from outside of the United States, in accordance with §21.40 of this chapter (relating to Importing Out-of-State Budwood).

(d) Exemption. Commercial citrus fruit and citrus seed treated as prescribed in the USDA Treatment Manual in T203-p, having to do with seeds of citrus (Rutacae family) to prevent pest transmission are exempt from the requirements set forth in this Subchapter A, Citrus Quarantines.

§21.7.Treatment Requirements:

(a) Treatments for regulated articles intended for sale, distribution or movement out of an area quarantined for citrus pests and disease or out of the state of Texas shall be as provided in 7 CFR §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 USDA-APHIS-PPQ.

(b) Treatments for regulated articles intended for intrastate Texas sale, distribution or movement that do not involve leaving an area quarantined for citrus pests shall be using active ingredients approved in the USDA Treatment Manual, in D301.76(b), having to do with treatment of citrus nursery stock and related hosts for control of ACP. Required treatments are:

(1) Residual treatment. Treatment shall consist of application of a soil drench, in-ground granular chemical or other soil-applied formulation of a systemic insecticide. The active ingredient must be dinotefuran, imidacloprid or another active ingredient in the USDA Treatment Manual. Application schedule must be either:

(A) treat 20-40 days prior to movement of article; or

(B) reapply up to the date of movement, if previously treated 20-90 days prior to movement; and

(2) Foliar spray.

(A) Apply an appropriately labeled foliar spray formulation including an active ingredient listed in the USDA Treatment Manual prior to movement.

(B) Apply the foliar spray no more than 14 days prior to movement.

(c) Treatments must be made with formulations labeled for use in citrus to control ACP. Treatments must be applied according to the EPA label, including, but not limited to, application directions, restricted entry interval (REI), preharvest interval (PHI) and Worker Protection Standards (WPS). Application of a restricted use pesticide must be made according to applicable Department and EPA pesticide regulations; a pesticide applicator's license and additional recordkeeping are required.

(d) Inspection of regulated articles for ACP must be made within 72 hours prior to shipping. No ACP may be present at any time on the regulated articles, including at the time of movement.

(e) If any maximum treatment period specified under subsection (b) of this section expires before all regulated articles at a Class 2, 3 or 4 nursery have been sold, distributed or moved, the required treatment shall be re-applied, as necessary. No regulated article at a Class 2, 3 or 4 nursery that is not compliant with all applicable treatment requirements may be sold, distributed, or moved.

(f) All regulated articles at any nursery must be kept free of ACP and all other pests, as required in §22.2 of this title (relating to Application).

(g) Commercial citrus fruit and citrus seed treated as prescribed in the USDA Treatment Manual in T203-p, having to do with seeds of citrus (Rutaceae family) to prevent pest transmission are exempt from the requirements set forth in this Subchapter A, Citrus Quarantines.

§21.8.Violations and Penalties.

(a) In addition to violations that may arise under the Code or this chapter, violations listed under §19.7 of this title (relating to Violations and Penalties) are applicable to citrus quarantines.

(b) Any violation of this chapter may result in civil and/or criminal penalties. In addition, the Department may revoke a certificate, and/or assess administrative penalties as prescribed in §12.020 of the Texas Agriculture Code, against any person for a violation of these rules.

§21.9.Labeling Requirements and Non-rebuttable Presumption.

(a) General.

(1) Each regulated article sold, distributed or transported within this state or grown for the purpose of sale or distribution shall have attached to the article, or to the container in which the article is planted, a waterproof tag or label upon which is legibly printed in permanent lettering the words "Produced in Texas" or "Produced in TX" and the Texas Nursery/Floral certificate number of the business location where the regulated article was produced for sale or distribution.

(2) Unless satisfactory records that readily identify the articles as having been produced in Texas are provided, the absence of a tag or label required by subsection (a) of this section creates a non-rebuttable presumption that the regulated article is a quarantined article and shall be destroyed in accordance with the applicable provisions of §71.0091 of the Code.

(3) A regulated article with a tag or label required by subsection (a) of this section that is determined by the inspector or other agent of the Department to have not been produced at the Texas business location represented by the registration number on the tag or label shall be seized and may be destroyed pursuant to §21.10(g) of this chapter (relating to Record Keeping; Rebuttable Presumption and Seizure), in accordance with the applicable provisions of §71.0091 of the Code.

(4) The presence of a tag or label attached to a citrus plant, or to a container in which the citrus plant is planted, that states that the citrus plant did not originate in Texas, including "product of," "produced in," "originated in," or "grown in" any geographic area outside of Texas, creates a non-rebuttable presumption that the citrus plant is in violation of this section and shall be destroyed in accordance with the applicable provisions of §71.0091 of the Code.

(b) Citrus plants intended for sale or distribution must have attached to each article or to the container in which the article is planted, a waterproof tag or label clearly identifying in permanent lettering the application date of the soil drench or in-ground granular systemic insecticide mandated in this section as "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2017 or AUG012017 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.

(c) Each failure to comply with a requirement of this section constitutes a separate violation for which an administrative penalty may be assessed and each day a violation continues or occurs may be considered a separate violation.

(d) Exemptions.

(1) Identification. In lieu of identification tags during production, a nursery may develop a regulated article identification plan, as approved by the Department that defines procedures and methods used to identify the regulated articles under production at the location. Identification tags, as provided in this section, will be required once the regulated articles are sold or distributed.

(2) Citrus nursery stock grown in a certified citrus nursery in accordance with Subchapter D of this chapter, is exempt from the labeling requirements in subsection (b) of this section when the citrus nursery stock:

(A) is sold, moved or distributed to another certified citrus nursery; or

(B) is intended for planting for commercial fruit production.

(3) Budwood.

(A) The original propagation record identifying the source tree of budwood must be maintained as required in §21.10 of this chapter (relating to Record Keeping; Rebuttable Presumption; and Seizure) and made available to the Department upon request to verify the tree was produced in Texas.

(B) The labeling of budwood for sale is specified in §21.33 of this chapter (relating to Labeling and Handling of Budwood Produced in Foundation Block).

(4) Retail buyers and end users are exempt from the requirements of this section.

§21.10.Record Keeping; Rebuttable Presumption; and Seizure.

(a) Each lot of regulated articles sold, transported or distributed within this state shall have a unique identifying number and be accompanied by an invoice, receipt, or other document(s) containing the following information:

(1) the identifying number of each lot of the regulated articles;

(2) the name, address, and telephone number of the producer of the regulated articles;

(3) if in transit, the name, address, and telephone number of the person to whom the regulated articles are to be delivered; and

(4) the genus or widely recognized common name of the regulated article(s) and the number of individual regulated articles distributed or transported.

(b) A copy or copies of the document(s) required by subsection (a) of this section shall be provided to each person, other than a retail buyer, receiving all or a portion of the lot of regulated articles.

(c) A person, other than a retail buyer, shall not accept a distribution of regulated articles from any person unless accompanied by the documentation required by subsection (a) and/or subsection (b) of this section.

(d) Any person or organization who produces, sells, leases, or offers for sale or otherwise receives, or holds regulated articles for sale to any business outlet for resale purposes shall maintain a copy or copies of the document(s) required by subsection (a) and/or subsection (b) of this section for a period of at least three years after the sale or other distribution of the regulated article. Copies of the documents are not required to be maintained by the end user (grower or homeowner).

(e) A person required to maintain records under subsection (d) of this section shall, upon written request of the Department, deliver copies of the records by mail, facsimile, commercial carrier, hand-delivery, electronic or other means during normal business hours.

(f) A rebuttable presumption that the regulated articles for which records are to be maintained under subsection (d) of this section constitute quarantined articles is created if:

(1) the distributor fails to produce records or copies of records pursuant to a written request under either subsection (e) or subsection (f) of this section; or

(2) a regulated article with a tag or label required by this subchapter does not correspond with the records required to be maintained under subsection (d) of this section.

(g) Regulated articles deemed quarantined articles under subsection (f) of this section shall be seized by the Department and shall not be further distributed without the written permission of the Department.

(1) The Department shall hand-deliver notice of seizure order to the owner, or a representative of the owner at least 18 years of age, at the owner's place of business, listing the number and description of the regulated articles seized, stating the reason for seizure and the time period for rebutting the presumption set forth in subsection (f) of this section, and bearing the signature of the Department's inspector or representative seizing the regulated articles.

(2) The presumption that regulated articles are quarantined articles may be rebutted by providing:

(A) adequate documentation or other assurances regarding the state and country of origin of the regulated articles and the chain of custody of the regulated articles from origin to the person affected by the order; or

(B) an adequate demonstration that the plants or plant products do not or cannot host a plant pest or plant disease for which a quarantine has been imposed under either state or federal law.

(h) For each treatment applied pursuant to §21.6(b) of this chapter (relating to Restrictions), records shall be maintained by the nursery for four years following the last treatment date for a given lot of regulated articles. Required records for each mandatory treatment shall include, but are not limited to:

(1) The lot numbers of plants treated;

(2) The pesticides applied, including application dates;

(3) EPA registration number of each product used;

(4) Application rate and method of treatment; and

(5) Name of applicator.

(i) The nursery shall make available all required records to the Department upon request for inspection.

(j) Each failure to comply with a requirement of this section constitutes a separate violation for which an administrative penalty may be assessed and each day a violation continues or occurs may be considered a separate violation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704568

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER C. FOUNDATION BLOCK, SCION BLOCK, INCREASE BLOCK, AND PRODUCTION OF CERTIFIED BUDWOOD

4 TAC §§21.31, 21.35, 21.36, 21.38, 21.41, 21.44

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.31.Establishment of a Foundation Block.

(a) The trees in a foundation block shall be established using:

(1) Certified budwood or budwood from a certified source tree [increase blocks] that has been tested by a certified laboratory no more than 90 days prior to the date budwood is cut and found to be free of tristeza virus, citrus greening disease, exocortis viroid, cachexia viroid, psorosis virus, citrus tatterleaf virus, concave gum, and any other pests of regulatory concern; or

(2) (No change.)

(b) Budwood used to establish a foundation block shall originate from trees that exhibit desirable horticultural true-to-type characteristics for the specified varieties:

(1) - (3) (No change.)

(c) - (d) (No change.)

§21.35.Plan for Certified Budwood if Foundation Block is Unavailable or Inadequate.

If no foundation block is available [able] to provide an adequate supply of certified budwood, the Department [department] may:

(1) Issue a permit to a nursery to import budwood, including into the citrus zone, from any state or from outside the United [Unites] States, in accordance with §21.40 of this chapter [title] (relating to Importing Out-of-State Budwood);

(2) (No change.)

(3) Issue a permit to a nursery to implement alternative measures after consultation with the Citrus Budwood Advisory Council, including an extension of the duration of use of increase trees at a location, on an emergency basis only. [a panel of experts appointed by the department.]

§21.36.Increase Trees and Increase Blocks.

(a) Increase Tree Requirements. Increase trees or increase blocks shall meet all of the following requirements.

(1) Budwood for propagating increase trees shall be obtained from a foundation or scion [source] tree.

(2) (No change.)

(3) Increase trees shall be budded on nursery rootstock which has not been budded previously. If re-budding is necessary, buds from the same source tree as the original bud shall be used.

(b) - (c) (No change.)

(d) Duration of Use of Increase Trees. Increase trees of budwood to produce certified citrus, may be used as a source of certified budwood to produce certified citrus nursery stock for a period not to exceed 60 [48] consecutive months. The 60 [48] month duration begins on the first day of the month following the month in which the trees were budded.

(1) - (2) (No changes.)

(e) [Routine] Inspection.

(1) Testing and inspection of increase trees for pests and diseases. Increase trees shall be inspected and tested at a minimum of once prior to 12 months post-budding and at an interval not to exceed 12 months for citrus tristeza and citrus greening or any other pest of regulatory concern. The department shall collect samples for testing according to the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. [This sampling plan is available at the department's website at: www.TexasAgriculture.gov.] The cost of the laboratory analysis of the samples shall be borne by the owner of the nursery. The department will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.

(2) (No change.)

(f) (No change.)

§21.38.Recordkeeping Requirements.

(a) The following records of foundation block or scion block operations must be maintained for a minimum of four years at the foundation block or scion block and made available for inspection by the Department:

(1) A map of trees showing block and row numbers and locations of each variety;

(2) Results of tests conducted by a certified laboratory verifying that all foundation or scion block trees are free of the diseases listed in §21.31(a)(1) of this chapter (relating to Establishment of a Foundation Block); and

(3) Records of budwood sources used to establish foundation or scion block trees along with certificates and/or test results obtained to verify that the budwood was free of diseases listed in §21.31(a)(1) of this chapter.

(b) Records of certified budwood sales or distribution shall be provided to the Department with payment of budwood fees, as required by §21.34 of this chapter (relating to Foundation or Scion Block and Certified Budwood Fees), and maintained at the foundation or scion block, and shall include:

(1) Origin of budwood sold, by source tree lot number;

(2) Number of buds sold daily, summarized by month; and

(3) Records of each sale, including:

(A) name, address and nursery floral registration certificate number of buyer, if applicable;

(B) number of buds of each variety sold to each buyer;

(C) source tree lot number for each variety;

(D) date of sale; and

(E) name, address, and nursery floral registration number of foundation or scion block.

(c) Records of scion block operations must be maintained for a minimum of four years at the foundation block and made available for inspection by the Department upon request, and shall include:

(1) A map of trees showing block and row numbers and locations of each variety;

(2) Results of tests conducted by a certified laboratory verifying that all scion block trees are free of the diseases listed in §21.31(a)(1) of this chapter (relating to Establishment of a Scion Block); and

(3) Records of budwood sources used to establish foundation block trees along with certificates and/or test results obtained to verify that the budwood was free of diseases listed in §21.31(a)(1) of this chapter.

(d) The following records of increase block trees must be maintained for a minimum of four years at the nursery location and made available for inspection upon request by the Department:

(1) A map of increase trees showing block and row numbers and locations of each variety;

(2) Results of tests conducted by a certified laboratory on the increase trees for citrus greening and tristeza;

(3) Records identifying the budwood and rootstock sources used to establish increase trees;

(4) The month and year of initial budding of each increase tree by tree identification number and variety;

(5) The number of buds taken per month from each lot of each variety of increase tree; and

(6) Records of disposition of increase trees.

§21.41.Inspection.

The Department [department] shall, as it deems appropriate at any time, inspect a foundation, scion or increase block, or foundation, scion or increase block records, [increase block, increase block records,] and take physical and documentary samples as needed.

§21.44.Scion Trees and Scion Block.

(a) Scion Tree Requirements. Scion trees shall meet all of the following requirements.

(1) Budwood for propagating scion trees shall be obtained from a foundation tree.

(2) Scion trees shall be propagated and grown in a certified citrus nursery as specified in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).

(3) Scion trees shall be budded on nursery rootstock which has not been budded previously. If re-budding is necessary, buds from the same source as the original shall be used.

(4) Scion trees shall be vigorous, productive, and horticulturally true-to-type and shall have borne fruit.

(b) Scion Tree Structures. Scion trees must be held exclusively in an approved pest exclusionary structure designated for scion trees.

(1) At no time shall any uncertified citrus nursery stock be inside the approved pest exclusionary structure.

(2) Scion trees may be grown in containers or planted in the ground.

(3) Scion trees of different varieties and selections shall be kept distinctly apart and clearly identified to avoid the mixing of scion trees originating from different source trees.

(c) Labeling of Scion Trees.

(1) Each lot of scion trees produced from the same lot of budwood from a specific foundation block tree shall be labeled for traceability with a unique identification number. The permanent label or tag shall include the variety, source tree identification number, and the month and year of budding.

(2) Each lot of scion trees must be of the same cultivar, originating from the same foundation block source tree(s) and budded in the same month and year.

(3) A scion tree identification map shall be maintained on-site. The map shall be made available during an inspection or upon request by the Department. The map must include the location of each group of scion trees by selection in the approved pest exclusionary structure, the name of the selection, the number of trees in each lot, source tree identification number, and the month and year of budding.

(d) Inspection.

(1) Scion trees shall be inspected and tested at a minimum of once prior to 12 months post-budding and at an interval not to exceed 12 months for citrus tristeza and citrus greening or any other pest of regulatory concern. The Department shall collect samples for testing according to the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. The cost of the laboratory analysis of the samples shall be borne by the owner of the nursery. The Department will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.

(2) The scion block must be routinely inspected and treated to prevent pests and diseases. The Department may issue a seizure order if a pest or disease is found. If an Asian citrus psyllid or other disease vector is found, the contents of the structure are subject to a seizure order based on risk assessment. The Department may consult with a panel of experts for additional mitigation measures necessary to ensure the integrity of scion trees.

(e) Disposition of scion trees. Upon discontinuing use of a scion tree, the scion tree must be removed from the scion block and may be sold, planted, or destroyed.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704569

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER D. CITRUS NURSERY STOCK CERTIFICATION PROGRAM

4 TAC §§21.60 - 21.63, 21.67

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.60.Scope of the Citrus Nursery Stock Certification Program.

(a) - (b) (No change.)

(c) Citrus nursery stock propagated in a certified citrus nursery that is sold, distributed, or moved from the certified citrus nursery shall be treated as specified in §21.6(b) of this chapter (relating to Restrictions) and treatment records shall be kept as specified in §21.10(h) of this chapter (relating to Record Keeping; Rebuttable Presumption; and Seizure) [§19.622 of this title (relating to Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone)].

§21.61.Facility Structural Requirements.

(a) All quarantined articles, as defined in §21.5 of this chapter (related to Quarantined Articles), that are grown after January 1, 2018, from seed, cuttings, budding, cell culture or other means must be produced inside a certified pest exclusionary facility that meets USDA-APHIS-PPQ structural requirements, and requirements found in 7 CFR Part 301 (Subpart-Citrus Greening and Asian Citrus Psyllid, and Subpart-Citrus Canker).

(b) To qualify as an exclusionary structure which meets certification requirements, a facility must include, at a minimum, each of the following:

(1) Exterior walls and top;

(A) Any combination of solid surfaces and screening may be used, as long as the structure meets or exceeds USDA-APHIS-PPQ insect exclusionary and citrus canker prevention requirements, including resistance to wind-blown rain.

(B) Mesh size for any screening used in walls, doors, vent covers, or other parts of a structure to be operated under a certificate of registration shall not exceed 0.3 square millimeters (e.g., 0.547 x 0.547 mm or 0.5 x 0.6 mm).

(2) Each approved structure must have a citrus free buffer area around the exterior of the approved structure of at least 100 feet. If a buffer area of 100 feet or more is not feasible, a minimum buffer area of 25 feet is allowed if the side of the structure facing citrus nursery plant material is constructed with a water-proof wall, or double-walled screening with a minimum of a 4-inch space between each screen. Interior walls may be constructed of a single-wall approved screening with a minimum buffer area of 5 feet between screening and citrus nursery stock;

(3) Doors, doorways, and entryways must be designed and constructed to exclude wind-blown rain, and pest organisms;

(A) All doorways shall have a positive pressure air curtain, double doors, or other mechanisms sufficient to prevent the entrance of any insect pests, both during operation of the door and while the door is closed.

(B) All doors shall fit against the floor and door frame, so that no pest organisms or rain can enter the facility.

(C) All facility emergency exit doors must be marked 'Emergency Exit Only' and may not be used as an entrance.

(D) Each entrance to the facility shall be equipped so that, prior to entering the facility, personnel must disinfect hands and arms and spray clothing and footwear with a product approved by the Department or USDA-APHIS-PPQ as effective against citrus canker. A footbath containing a product approved by the Department as effective against citrus canker must be located at each entrance and must be properly utilized on footwear by all persons prior to entering the facility.

(E) Vehicles, equipment, and other articles used to handle or move citrus nursery stock must be treated in accordance USDA-APHIS-PPQ requirements, immediately before entering the premises.

(4) Other openings. Except for doors, all exterior openings for cooling pads, fans, vents or other parts of a structure to be operated under a certificate of registration must be covered with screening, specified in subsection (b)(1)(B) of this section; and

(5) The facility perimeter must facilitate drainage away from the structure.

(c) The owner of the facility is responsible for maintaining the integrity of the facility and ensuring it remains pest-free.

(d) The Department must be notified in writing immediately if a breach is detected at any time during the life cycle of the citrus stock, from propagation to point of sale.

§21.62.Citrus Nursery Certification.

(a) - (b) (No change.)

(c) Certification fee. An annual certification fee will be charged on the basis of $575 for facilities with an enclosed insect exclusionary area of up to 25,000 square feet, plus $175 for each additional 25,000 square feet or fraction thereof. [The department may require additional fees as needed, to comply with statutory requirements for cost recovery. Applicants or certified citrus nurseries will be notified of any additional fees 30 days prior to a fee due date.]

(d) - (f) (No change.)

§21.63.Sanitation Requirements.

(a) All articles, equipment, plant material, supplies and personnel that enter or remain in a propagation facility shall be subject to Department approved sanitation requirements, including but not limited to:

(1) Budding knives, clippers and other cutting implements shall be sterilized between different groups of propagations using a commercially available disinfectant or household bleach solution with a final strength of 0.5 percent. Sterilization solution shall be made fresh each day.

(2) All equipment should be kept on site.

(3) Nursery employees who work with citrus plants that are not in a certified citrus nursery structure shall not return to work inside a certified citrus nursery structure until the following day.

(4) Any person entering a certified citrus nursery structure must wear a clean garment provided by the nursery.

(5) If gloves are worn in a certified citrus nursery, they must be disposable gloves or decontaminated daily and kept on-site.

(6) Any person (including, but not limited to, their exposed skin and clothing, headgear, and tops and bottoms of shoes), tools or equipment entering a certified citrus greenhouse or a growing media storage area must be sanitized immediately prior to or during entry, as provided in §21.61 of this chapter (relating to Facility Structural Requirements).

(7) All pots, cans or other containers must be stored in such a manner to prevent contact with the ground or contamination by flooding, rain-soil-splatter or ground water runoff.

(8) Growing containers shall be cleaned and decontaminated between crops of citrus nursery stock.

(9) All growing or potting media must be stored at least 18 inches above the ground or on concrete or asphalt that is above ground level and not subject to flooding or ground water runoff.

(10) Non-certified nursery stock shall not be grown in or introduced into the same greenhouse or structure with certified citrus nursery stock.

(11) It shall be the responsibility of the nursery to:

(A) Prevent encroachment of Rutaceous plants of subfamilies Aurantioideae, Rutoideae and Toddalioideae, and the use of non-certified material, which could endanger the nursery site of becoming infested with injurious pests or diseases of citrus; and

(B) Follow established sanitation procedures to prevent pest and disease infestation of the nursery.

(12) Nursery areas and perimeters shall be maintained weed-free.

(b) Violation(s) of sanitation requirements may result in the issuance of a stop-sale order, suspension or revocation of a certificate of registration, and/or administrative penalties.

§21.67.Certified Citrus Nursery Recordkeeping Requirements.

(a) - (b) (No change.)

[(c) For each mandatory treatment applied pursuant to §19.622 of this title (relating to Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone), records shall be maintained by the nursery for four years following the last treatment date for a given lot of regulated articles. Required records for each mandatory treatment shall include, but are not limited to:]

[(1) The lot numbers of plants treated;]

[(2) The pesticides applied, including application dates;]

[(3) EPA registration number of each product used;]

[(4) Application rate and method of treatment; and]

[(5) Name of applicator.]

[(d) The nursery shall make available all required records to the department upon request for inspection.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704570

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER E. CITRUS NURSERY STOCK PROPAGATION IN AREAS OF TEXAS OUTSIDE THE CITRUS ZONE

4 TAC §§21.80, 21.83, 21.84

The proposal is made pursuant to Chapters 19, 71 and 73 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.80.Citrus Nursery Stock Propagation in Areas of Texas Outside of the Citrus Zone.

(a) Propagation of citrus plants shall be in facilities certified by the Department in accordance with the citrus nursery stock facility certification requirements as defined in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).

(b) Citrus plant propagation shall be:

(1) With certified citrus budwood; or

(2) In accordance with §21.38 of this chapter (relating to Recordkeeping Requirements); or

(3) From noncommercial citrus varieties, as provided in §21.39 of this chapter (relating to Designated Commercial Fruit Production Varieties), and tested in accordance with the "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker" developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS-PPQ.

(4) Exception. Citrus plants grown or propagated for sale outside the Citrus Zone, as described in §21.4 of this chapter (relating to Citrus Zone), before January 1, 2018, shall not be required to be grown in accordance with the citrus nursery stock facility certification requirements as defined in §21.61 of this chapter (related to Facility Structural Requirements), until sold out or required to be disposed of by the Department.

§21.83.Labeling.

(a) (No change.)

(b) Citrus plants that meet the designation of certified citrus nursery stock as defined in Subchapter D of this chapter (relating to Citrus [citrus] Nursery Stock Certification Program) shall be labeled in accordance with §21.66 of this chapter [title] (relating to Labeling Requirements) [and treated in accordance with §19.622 of this title (relating to Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone)].

§21.84.Movement of Citrus Plants into the Citrus Zone or Out of an Area Quarantined for Citrus Greening.

(a) Requirements for shipment of citrus plants from the areas of Texas outside the citrus zone into the citrus zone:

(1) Citrus plants must be produced in a nursery that is certified by the Department [department] in accordance with Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program), meet all applicable requirements of this Chapter 21, and Chapter 19 of this title (relating to Quarantines and Noxious and Invasive Plants) which provide that citrus nursery stock moved into the citrus zone must be propagated directly from certified citrus budwood;

(2) Citrus plants must be maintained free of Asian citrus psyllid and other [quarantined] pests and diseases; and

(3) Citrus plants must be transported from a certified citrus nursery directly into the citrus zone, according to requirements in subsections (b) and (c) of this section.[;]

[(4) Citrus plants must be treated as prescribed in the USDA Treatment Manual; specifically, quarantined articles must be treated with an USDA-approved soil drench or in-ground granular systemic insecticide (an appropriately labeled formulation of dinotefuran or imidacloprid), followed by a foliar spray (an appropriately labeled formulation of bifenthrin, chlorpyrifos, deltamethrin, fenpropathrin, or imidacloprid/cyfluthrin) prior to shipment. The mandatory soil drench or in-ground granular systemic insecticide treatment shall be applied to each regulated article either 20 - 40 days prior to movement of the article; or up to date of movement only if the article was previously treated 20 - 90 days prior. The mandatory foliar spray shall be applied no more than 10 days prior to movement. All treatments must be applied according to the EPA label, including, but not limited to, application directions, restricted entry interval (REI), preharvest interval (PHI) and Worker Protection Standards (WPS); and]

[(5) Citrus plants must have attached to each article or to the container in which the article is planted, a waterproof tag or label clearly identifying in permanent lettering the application date of the soil drench or in-ground granular systemic insecticide mandated in this section as "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2015 or AUG012015 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.]

(b) - (c) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704571

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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


SUBCHAPTER F. STATE CERTIFIED CLEAN CITRUS STOCK PROGRAM

4 TAC §21.90

The proposal is made pursuant to Chapters 19 and 71 of the Texas Agriculture Code (Code), which authorize the Department to adopt rules necessary to protect agricultural and horticultural interests and administer citrus programs; the proposal is also made under Chapter 12 of the Code, which authorizes the Department to assess administrative penalties for violations related to Chapters 19 and 73 of the Code.

Chapters 12, 19, 71 and 73 of the Texas Agriculture Code are affected by the proposal.

§21.90.Purpose and Scope of Program.

(a) For the purpose of meeting the USDA-APHIS-PPQ [United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ)] requirements for movement of citrus plants out of an area quarantined for citrus greening or citrus canker by USDA and the Department [department], and for interstate movement in accordance with [to] USDA requirements, the Texas State Certified Clean Citrus Stock Program [in Texas], consists of:

(1) All citrus plants that have been propagated in accordance with subchapter D of this chapter (relating to Citrus [the] Nursery Stock Certification Program), or in a structure that meets the requirements of USDA-APHIS for interstate movement from an area quarantined for citrus greening or citrus canker; and

(2) - (4) (No change.)

(5) For noncommercial varieties for which certified budwood is not available and which are not to be moved into the Citrus Zone, budwood source trees must have been tested for citrus tristeza, citrus greening or any other pest of regulatory concern within 12 months prior to use for budwood. Nursery stock resulting from the budwood of these varieties shall be sampled and tested according to the USDA-APHIS-PPQ [Plant Protection and Quarantine] requirements for movement of citrus plants out of a quarantined area. The Department [department] will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.

(b) Samples will be collected by the Department [department] for testing in accordance with [according to] the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. The cost of the laboratory analysis of the samples shall be borne by the owner of the citrus nursery.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 13, 2017.

TRD-201704572

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: December 24, 2017

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