4 Tex. Admin. Code § 21.6 – Restrictions

(a) General.
1. (1) 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 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 two years, including any specific recordkeeping requirements specified below.
2. (2) Quarantined articles from areas of Texas outside of the citrus zone may not be transported into the citrus zone except:
  1. (A) if approved by the department under the conditions of a compliance agreement 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
  2. (B) if the quarantined articles:
    1. (i) are produced in a nursery that is certified by the department in accordance with Subchapter D of this chapter, and otherwise meet the requirements of Texas Agriculture Code, Chapter 19, and 4 TAC Chapter 21, which provide that nursery stock moved into the citrus zone must be propagated using certified citrus budwood;
    2. (ii) are maintained free of Asian citrus psyllids and other quarantined pests and diseases; and
    3. (iii) are transported from a Certified Citrus Nursery directly into the Citrus Zone, according to requirements in paragraphs (3) and (4) of this subsection; and
    4. (iv) are treated as prescribed in the USDA Treatment Manual (USDA Treatment Manual, D301;76(b), Table 5-8-1); specifically, quarantined articles are 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 to movement. 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). Records of the lot numbers of treated plants, the pesticides applied (including at a minimum; application dates, EPA registration number of product used, method of treatment, name of applicator) for each mandatory treatment shall be maintained by the nursery for two years following the last treatment date for a given lot of regulated articles; and
    5. (v) have attached to each 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 application date of the soil drench or in ground granular systemic insecticide mandated in this section as "TX MM/DD/YYYY".
3. (3) Requirements for shipment from a certified citrus nursery outside of the Citrus Zone to a certified citrus nursery located inside the Citrus Zone:
  1. (A) if shipped by U.S. Mail or a package delivery service: shipment shall be sealed using insect exclusionary containers; the containers shall not leave the originating certified citrus nursery until sealed; or
  2. (B) if shipped by enclosed truck, other enclosed vehicle or enclosed trailer: shipment must be loaded at the originating certified citrus nursery in a manner that prevents introduction of psyllids or other pests. The shipping compartment shall be kept closed at all times, except when regulated articles are entering or exiting the compartment. After having been loaded into the vehicle, the shipment must be moved immediately and directly to the destination, without other stops except as necessitated by traffic, fuel or an emergency.
4. (4) Requirements for shipment from a certified citrus nursery outside the Citrus Zone to a location inside the Citrus Zone that is not a certified citrus nursery:
  1. (A) if shipped by US Mail or a package delivery service. Shipment shall be in sealed insect exclusionary containers; the containers shall not leave the originating certified citrus nursery until sealed; or
  2. (B) if shipped by truck, other vehicle or trailer:
    1. (i) shipment shall be in a transport vehicle that is completely psyllid-proof (enclosed or with the plants completely covered with a tarp or other psyllid-proofing material); or
    2. (ii) all regulated plants being transported must have been treated with a kaolin-based particle film, such as Surround™ and the coating has not been compromised by movement, weather, etc. Treatment must be made no more than 7 days prior to date of shipping. Shipment must be moved immediately and directly from the certified citrus nursery to the destination without stops, except as necessitated by such necessary considerations such as traffic, fuel, or an emergency.
5. (5) Any facility that moves quarantined articles into the Citrus Zone under paragraph (2) of this subsection shall provide ready access to the certified citrus nursery facility and all relevant records during normal business hours to authorized representative of TDA.
(b) Exemptions.
1. (1) Citrus seed produced in California is exempt from these rules.
2. (2) Commercial citrus fruit is exempt from these rules.
(c) Exceptions. Budwood of citrus varieties not existing in Texas may be shipped into Texas, including into the citrus zone, from any state or from outside the United States under the following conditions:
1. (1) 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 all diseases quarantined under §21.2 of this chapter (relating to Quarantined Pests and Diseases). Documentation of negative results of tests described in this section shall be included with the shipment; and
2. (2) 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 currently known at the time of the confirmation tests 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. (3) 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 paragraphs (4) and (5) of this subsection, shall be attached to the shipment; and
4. (4) 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. (5) in addition to the requirements outlined in paragraphs (1), (2), and (3) of this subsection, shipments originating in a state other than Texas shall be accompanied by 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) or the USDA-ARS National Clonal Germplasm Repository for Citrus and Dates (USDA-ARS-NCGR) will be exempt from the requirements in paragraphs (1) and (2) of this subsection, but must be accompanied by a certificate from the CCCPP or the USDA-ARS-NCGR specifying that the budwood is free of pests and diseases listed in this subchapter instead of the origin state's certificate.

Source Note:The provisions of this §21.6 adopted to be effective September 2, 1996, 21 TexReg 7973; amended to be effective July 16, 2003, 28 TexReg 5529; amended to be effective May 3, 2006, 31 TexReg 3529; amended to be effective June 29, 2010, 35 TexReg 5523; amended to be effective November 1, 2014, 39 TexReg 8384.