1. (a) General. In addition to any other applicable restrictions imposed by regulations adopted under Chapter 71, Texas Agriculture Code, quarantined articles may not be transported into Texas or into the citrus zone except as outlined in subsections (b) and (c) of this section.

2. (b) Exemptions.

   1. (1) Citrus seed produced in California is exempt from these rules.
   2. (2) Commercial citrus fruit is exempt from these rules.

3. (c) Exceptions.

   1. (1) Within the state, quarantined articles may be transported into the citrus zone only if certified by the department to be free of all pests listed in this subchapter. Documentation of test results shall be provided to and approved by the department in order to obtain a phytosanitary certificate verifying that the quarantined articles are pest-free. The department shall be notified at least two working days prior to shipment to schedule an inspection for a phytosanitary certificate.

   2. (2) Budwood of citrus varieties not existing in Texas may be shipped to Texas from Florida, California, or outside the United States under the following conditions:

      1. (A) before any citrus budwood is allowed to enter Texas, it shall be certified as originating from an area free of citrus blight. It shall also have been tested using methods approved by the department, and such tests shall have produced negative results for citrus tristeza virus, psorosis, viral leprosis, citrus variegated chlorosis, greening, citrus canker, citrus scab and stubborn disease of citrus. Documentation of negative results of tests described in this section shall be included with the shipment; and
      2. (B) budwood shall be assigned to a federal or state agency approved by the department for the purpose of confirmation tests to determine if the budwood is free from all virus and infectious diseases before it is released to the buyer. For confirmation tests, budwood shall be grown on rootstock varieties appropriate for the diagnosis of the diseases listed in this section; and
      3. (C) for all budwood shipments, a permit from the Texas Department of Agriculture shall be issued and, together with a copy of the certificate(s) required by subparagraphs (D) and (E) of this section, shall be attached to the shipment; and
      4. (D) before any citrus budwood will be allowed to enter Texas from outside the continental United States, it shall be cleared through the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine. Such clearance shall be certified to and approved by the department before the entrance of the budwood shipment into Texas; or
      5. (E) in addition to the requirements outlined in subparagraphs (A), (B), and (C) of this paragraph, shipments originating in Florida or California shall include a certificate from the origin state's department of agriculture specifying that the budwood is free of pests and diseases listed in this subchapter. A copy of the certificate shall be sent to and approved by the Texas Department of Agriculture before shipment of the budwood to Texas. However, budwood originating from the California citrus clonal protection program (CCCPP) will be exempt from the requirements in subparagraphs (A) and (B) of this paragraph, but will require a certificate from the CCCPP specifying that the budwood is free of pests and diseases listed in this subchapter instead of the state's certificate.

   3. (3) Citrus seed produced in Florida may be imported into Texas under the following conditions:

      1. (A) a certificate from the Florida Department of Agriculture and Consumer Services shall be provided prior to shipment, verifying that the seed is from registered stock and was harvested in territory in Florida that is free from citrus canker, and that the seed has been treated to eliminate bacterial and fungal pathogens prior to shipment. Treatment procedures shall be approved by the Texas Department of Agriculture; and
      2. (B) a permit from the Texas Department of Agriculture shall be issued and, together with a copy of the certificate required by this section, shall be attached to the shipping container.

Source Note:The provisions of this §21.6 adopted to be effective September 2, 1996, 21 TexReg 7973.