1. (a) General. Quarantined articles are prohibited entry into Texas and shall not be moved from any quarantined area into or within the free area of Texas, except as provided in subsections (b) and (c) of this section.

2. (b) Exceptions.

   1. (1) Shipments from quarantined areas of other states are allowed entry into quarantined areas of Texas if a permit is obtained from the department and used as follows:

      1. (A) a permit application may be obtained from the Austin headquarters of the department;
      2. (B) applicants must have made bond in the amount of $5,000 to guarantee reimbursements to any purchasers of sweet potatoes shipped into the State of Texas for the purchase price and freight charges thereon, if destroyed or returned to the point of origin by an inspector;
      3. (C) a copy of the permit must be printed on tags, one of which is to be firmly affixed to each container of a shipment, and such tags may be used only by the holder of a permit;
      4. (D) each tag must show the name, street address, and city of the consignee;
      5. (E) sweet potatoes must be shipped from holders of permits, hauled by holders of permits, and such potatoes must have been purchased from a permit holder; and
      6. (F) all shipments of sweet potatoes must be accompanied by a certificate, issued by and bearing the signature of an authorized representative of the origin state's department of agriculture, certifying that such shipment was inspected and found to be free of sweet potato weevil. A copy of this certificate of inspection must be sent to the Austin headquarters of the department the day the certificate is issued.

   2. (2) Subject to the restriction in paragraph (3) of this subsection, a certificate for the movement of quarantined articles from any quarantined area in the State of Texas outside thereof may be issued by a duly authorized inspector upon determination that:

      1. (A) the material certified is apparently free from infestation of the sweet potato weevil; and
      2. (B) the material has been produced, packed, and handled for shipment under such conditions as to eliminate any danger of the spread of weevils.

   3. (3) No certificate shall be issued for the shipment of quarantined articles, except those used for research purposes, from quarantined area in Texas to:

      1. (A) a sweet potato weevil free area in Texas unless they were produced in a weevil free area and moved under special permit; or
      2. (B) any state which prohibits such entry.

3. (c) Bedding, Production, and Distribution of Propogative Sweet Potatoes and Slips in Weevil Free Areas.

   1. (1) Only state certified sweet potato plants may be sold or offered for sale in Texas.
   2. (2) No sweet potato vines, plants, or parts thereof shall be planted within one mile of an infestation which has been found within 12 months; except the grower must agree in writing to follow an insecticide treatment program approved by the department.
   3. (3) Location and condition of storage places on infested properties shall be approved by an authorized representative of the department.
   4. (4) All sweet potatoes remaining in storage within one mile of an infestation after February 1 of the year following production must be treated.

Source Note:The provisions of this §19.133 adopted to be effective September 2, 1996, 21 TexReg 7806; amended to be effective May 27, 1999, 24 TexReg 3845.