1. (a) Requirements for shipment of citrus plants from the areas of Texas outside the citrus zone into the citrus zone:

   1. (1) Citrus plants must be produced in a nursery that is certified by the department in accordance with Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program), meet all applicable requirements of this Chapter 21, and Chapter 19 of this title (relating to Quarantines and Noxious and Invasive Plants) which provide that citrus nursery stock moved into the citrus zone must be propagated directly from certified citrus budwood;
   2. (2) Citrus plants must be maintained free of Asian citrus psyllids and other quarantined pests and diseases;
   3. (3) Citrus plants must be transported from a certified citrus nursery directly into the citrus zone, according to requirements in subsections (b) and (c) of this section;
   4. (4) Citrus plants must be treated as prescribed in the USDA Treatment Manual; specifically, quarantined articles must be 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. 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); and
   5. (5) Citrus plants must have attached to each article or to the container in which the article is planted, a waterproof tag or label clearly identifying in permanent lettering the application date of the soil drench or in-ground granular systemic insecticide mandated in this section as "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2015 or AUG012015 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.

2. (b) Requirements for shipment from a certified citrus nursery outside of the citrus zone to a certified or non-certified (retail) citrus nursery located inside the citrus zone:

   1. (1) The shipment shall be in sealed insect exclusionary containers; the containers shall not leave the originating certified citrus nursery until sealed; and
   2. (2) The 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.

   3. (3) For the shipment from a certified citrus nursery outside the citrus zone to a location inside the citrus zone that is not a certified citrus nursery, the following shipping option is allowed:

      1. (A) The plants will be treated with a kaolin-based particle film coating 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.
      2. (B) Trees 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.

3. (c) Conditions for shipment of certified citrus nursery stock out of an area quarantined for citrus greening include:

   1. (1) All the conditions listed in this section; and,
   2. (2) All conditions required by USDA-APHIS Plant Protection and Quarantine for movement of citrus out of a quarantined area.

Source Note:The provisions of this §21.84 adopted to be effective December 31, 2015, 40 TexReg 9626.