1. (a) When two or more quarantined pests, a mated female or one larva is detected, a quarantined area is established around the detection site. The quarantined area shall cover an area of approximately 81 square miles (4.5 mile radius around the detection site). Within the quarantined area, a core area of 0.5 mile radius from each detection site will be established. The core area of the detection shall be treated by ground or aerial sprays as prescribed by the department or the USDA. Within the core area, the spray program shall restart if an additional quarantined pest is detected.
2. (b) The owner or orchard manager may bear all treatment expenses.
3. (c) The owner or orchard manager shall enter into a compliance agreement with the department to make the required treatments and handle the fruit as prescribed.
4. (d) Homeowners shall not be required to pay treatment expenses when flies are detected in urban areas. Fruit will be handled as prescribed by the department.
5. (e) The quarantined pest shall be considered eradicated from the quarantined area when additional flies are not detected beginning with the most recent fly detection and continuing for two generations followed by one generation without trapping any flies. The number of days required to complete a fly generation will vary based on a degree-day model.
6. (f) In addition to assessment of administrative penalties as provided in the Texas Agriculture Code, §12.020, a violation of this subchapter may require destruction of quarantined articles.
7. (g) If the producer or handler of quarantined articles required to be destroyed or treated refuses to destroy or treat the articles, the department may destroy or treat the quarantined articles and charge the costs of destruction or treatment to the producer or handler, in accordance with the Texas Agriculture Code, §71.0091.

Source Note:The provisions of this §19.154 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective September 24, 2001, 26 TexReg 7269.