1. (a) Records must be maintained for a minimum of four years by the foundation grove and by nurseries selling certified citrus nursery trees.

2. (b) The following records of the foundation grove, and the increase block operations must be maintained on forms promulgated by the department at the foundation grove:

   1. (1) a map of trees showing block and row numbers and locations of each variety;
   2. (2) results of tests verifying that all trees are free of diseases listed in this subchapter; and
   3. (3) records of budwood sources used to establish trees along with certificates and/or test results obtained to verify that the budwood was free of diseases listed in this subchapter.

3. (c) The following records of certified budwood sales must be maintained on forms promulgated by the department at the foundation grove:

   1. (1) origin of budwood sold, by source tree lot number;
   2. (2) number of buds sold daily, summarized by month; and

   3. (3) records of each sale, including:

      1. (A) name and address of buyer;
      2. (B) number of buds sold;
      3. (C) variety and source tree lot number(s); and
      4. (D) date of sale.

4. (d) The following records of certified budwood purchases and certified citrus nursery tree sales must be maintained on forms promulgated by the department at nurseries that purchase certified budwood:

   1. (1) specific records of each purchase including:

      1. (A) date of purchase;
      2. (B) variety(ies) purchased; and
      3. (C) number of buds purchased from each source tree;
   2. (2) number of certified citrus nursery trees successfully budded from each budwood variety purchased:
   3. (3) location of certified citrus nursery trees, until the trees are sold; and
   4. (4) records of sales of certified citrus nursery trees.
5. (e) Sellers of certified citrus nursery trees must maintain records to adequately verify the origin or source of such trees.

6. (f) For purposes of this subsection, "commercial use" means sell, barter, or otherwise commercially distribute and applies to both a citrus nursery tree itself and the fruit produced from the citrus nursery tree. Businesses that propagate citrus nursery trees for commercial use of varieties that are mandatory under §21.40 of this title (relating to Mandatory Varieties) must abide by the following conditions.

   1. (1) Only citrus budwood that is certified or from a designated foundation grove shall be used for propagation.

   2. (2) Records of certified budwood purchases must be maintained for a minimum of four years including:

      1. (A) date of purchase;
      2. (B) variety(ies) purchased;
      3. (C) number of buds purchased from each row of source trees;
      4. (D) number of citrus nursery trees successfully budded from each budwood variety purchased; and
      5. (E) location of citrus nursery trees until they are planted to establish citrus orchards.

Source Note:The provisions of this §21.36 adopted to be effective November 10, 1999, 24 TexReg 9828; amended to be effective July 16, 2003, 28 TexReg 5529; amended to be effective September 13, 2009, 34 TexReg 6103.