1. (a) Each lot of regulated articles distributed or transported within this state shall have a unique identifying number and be accompanied by an invoice, receipt, or other document(s) containing the following information:

   1. (1) the identifying number of each lot of the regulated articles;
   2. (2) the name, address, and telephone number of the producer of the regulated articles;
   3. (3) if in transit, the name, address, and telephone number of the person to whom the regulated articles are to be delivered;
   4. (4) the genus or widely recognized common name of the regulated article(s) and the number of individual regulated articles distributed or transported; and
2. (b) A copy or copies of the document or documents required by subsection (a) shall be provided to each person, other than a retail buyer, receiving all or a portion of the lot of regulated articles.
3. (c) A person, other than a retail buyer, shall not accept a distribution of regulated articles from any person unless accompanied by the documentation required by subsection (a) and/or subsection (b) of this section.
4. (d) Any person or organization who produces, sells, leases, or offers for sale or otherwise receives, distributes, or holds regulated articles for sale to any business outlet for resale purposes shall maintain a copy or copies of the document or documents required by subsection (a) and/or subsection (b) of this section for a period of at least two years after the sale or other distribution of the regulated article. Copies of the documents are not required to be maintained by the end user (grower or homeowner).
5. (e) A person required to maintain records under subsection (d) of this section shall, upon written request of the department, deliver copies of the records by mail, facsimile, commercial carrier, hand-delivery, or other means during normal business hours.

6. (f) A rebuttable presumption that the regulated articles, for which records are to be maintained under subsection (d) of this section, constitute quarantined articles is created if:

   1. (1) the distributor fails to produce records or copies of records pursuant to a written request under either subsection (e) or subsection (f) of this section; or
   2. (2) a regulated article with a tag or label required by this subchapter does not correspond with the records required to be maintained under subsection (d) of this section.

7. (g) Regulated articles deemed quarantined articles under subsection (f) of this section shall be seized by the department and shall not be further distributed without the written permission of the department.

   1. (1) The department shall deliver by hand to the owner, or a representative of the owner at least 18 years of age, at the owner's place of business, an order notifying the owner of the seizure, listing the number and description of the regulated articles seized, stating the reason for seizure and the time period for rebutting the presumption set forth in subsection (f) of this section, and bearing the signature of the department's inspector or representative seizing the regulated articles.

   2. (2) The presumption that regulated articles are quarantined articles may be rebutted by providing:

      1. (A) adequate documentation or other assurances regarding the state and county of origin of the regulated articles and the chain of custody of the regulated articles from origin to the person affected by the order; or
      2. (B) an adequate demonstration that the plants or plant products do not or cannot host a plant pest or plant disease for which a quarantine has been imposed under either state or federal law.
   3. (3) The time period within which to rebut the presumption that the regulated articles are quarantined articles shall vary depending on the risk represented by the plant pest or plant disease that necessitated the seizure and destruction order and shall be provided in writing as provided in this section.
   4. (4) If the presumption established by subsection (f) of this section is rebutted in accordance with the requirements of this section, the seizure shall be rescinded in writing.
   5. (5) If the presumption established by subsection (f) of this section is not rebutted in accordance with the requirements of this section, the regulated articles subject to seizure shall be destroyed in accordance with applicable provisions of section 71.0091 of the Code.
8. (h) Each failure to comply with a requirement of this section constitutes a separate violation for which an administrative penalty may be assessed and each day a violation continues or occurs may be considered a separate violation.

Source Note:The provisions of this §21.9 adopted to be effective January 1, 2004, 28 TexReg 5656.