If no foundation block is able to provide an adequate supply of certified budwood, the department may:

1. (1) Issue a permit to a nursery to import budwood, including into the citrus zone, from any state or from outside the Unites States, in accordance with §21.40 of this title (relating to Importing Out-of-State Budwood);
2. (2) Issue a permit to a nursery to obtain budwood from increase trees maintained by certified citrus nurseries; or
3. (3) Issue a permit to a nursery to implement alternative measures after consultation with a panel of experts appointed by the department.

Source Note:The provisions of this §21.35 adopted to be effective December 31, 2015, 40 TexReg 9626.