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, within Texas, 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) or the USDA-ARS National Clonal Germplasm Repository for Citrus and Dates (USDA-ARS-NCGR) will be exempt from the requirements in subparagraphs (A) and (B) of this paragraph, but will require 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 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.

   4. (4) Citrus plants may enter Texas on a temporary basis for display purposes only, provided they move under the conditions of a special permit issued by the department.

      1. (A) A request for a special permit must be submitted in writing to Texas Department of Agriculture, Attention: Pest Management Programs, P. O. Box 12847, Austin, Texas 78711. The request shall be received not later than 30 days prior to proposed date of entry into the state and shall include the following information:

         1. (i) name and address of requestor;
         2. (ii) name and address of location where plants will be displayed in the state;
         3. (iii) date when plants will enter the state as well as the date the plants will exit the state;
         4. (iv) common and scientific name of plants to be displayed, including variety or cultivar; and
         5. (v) number of each type of plant to be displayed.

      2. (B) Each request will be considered on a case by case basis and if approved by the department, a written permit will be issued. Permit conditions will include but may not be limited to the following:

         1. (i) Citrus plants may not be moved into Texas from an area quarantined for citrus canker or any exotic fruit fly pest;
         2. (ii) Within 7 days prior to entering the state, all citrus plants must be treated with a foliar insecticide and a soil drench to ensure they are free of all pests;
         3. (iii) Plants must be inspected and found free of all pests in all stages of development by the origin state department of agriculture and a phytosanitary certificate issued by the origin state indicating the treatment product used, rate applied and date of application. A non-destructive tag written in waterproof ink identifying plants inspected and certified shall be attached to all plants by the origin state department of agriculture;
         4. (iv) The special permit must accompany the shipment at all times and be presented to a department employee upon request; and
         5. (v) Upon return to origin, plants must be re-inspected by the origin state department of agriculture to verify all permitted plants were returned. The origin state department of agriculture must submit written verification of inspection findings to the department.

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.