Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,829
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19.617. Articles Subject to the Quarantine.
An article subject to the quarantine, or regulated article, is any article
described as a regulated article by Title 7, Code of Federal Regulations
19.618. Restrictions on Production, Movement or Distribution of
Articles Subject to the Quarantine.
(a) In addition to other restrictions that may apply:
(1) In a quarantined area, any regulated article intended for
interstate movement, distribution or sale shall conform to:
(A) the requirements of 7 CFR 301.76, and
(B) those requirements of 19.622 of this subchapter
(relating to Mandatory Treatment of Citrus Nursery Plants in the Citrus
Zone) that apply to all regulated articles intended for interstate move-
(2) In a quarantined area, any regulated article intended for
intrastate movement, distribution or sale:
(A) shall not be moved, except as specified in this sub-
(B) shall conform to the requirements of 19.622 of this
subchapter that apply to any regulated article produced or under pro-
duction in the citrus zone, that is intended either for intrastate sale or
for commercial or noncommercial distribution or movement.
(3) Regulated articles currently under seizure under the
Deputy Commissioner of Agriculture's emergency seizure order of
January 18, 2012, shall either be:
(A) held without further movement within or outside
the quarantined area and treated with a department approved systemic
pesticide (soil drench) labeled for the control of Asian citrus psyllid and
for use on those plants, in accordance with that label, for the duration
of the quarantine maintaining the plants free of Asian citrus psyllid; or
(B) moved within the quarantined area under the con-
ditions of a special permit or compliance agreement issued by the de-
(b) Transitory movement of regulated articles through a quar-
antined area shall be done only in a sealed, insect-proof container that
shall not remain in the quarantined area beyond the time required for
(c) Movement of regulated articles into a quarantined area
shall be conducted as follows.
(1) Except as covered by subsection (b) of this section,
movement of regulated articles into a quarantined area must be
performed under a compliance agreement with the department.
(2) Retail purchasers who take regulated articles purchased
outside of a quarantined area directly to their home or business in-
side the quarantined area and permanently plant the regulated article
promptly at that address are exempt from paragraph (1) of this subsec-
(d) Propagation, sale or distribution of regulated articles.
(1) Any person who propagates regulated articles in a quar-
antined area, other than for personal noncommercial use on the same
property, or who sells, distributes or moves regulated articles, shall do
so only under a special permit or a compliance agreement with the de-
(2) Under a special permit or compliance agreement from
the department, regulated articles may be moved intrastate out of a
quarantined area, if the regulated articles are compliant with all produc-
tion, treatment, recordkeeping and shipment requirements that apply
to regulated articles intended for interstate movement, as provided in 7
CFR 301.76 and in the "Interstate Movement of Citrus and other Ruta-
ceous Plants For Planting From Areas Quarantined for Citrus Canker,
Citrus Greening, or Asian Citrus Psyllid" as published by the United
States Department of Agriculture, Animal and Plant Health Inspec-
tion Service (USDA-APHIS), Plant Protection and Quarantine. A copy
of the requirements may be obtained by contacting the department's
Valley Regional Office, 900-B East Expressway 82, San Juan, Texas
78598, (956) 787-8866.
(e) Detached citrus fruit originating within a quarantined
area may be moved outside the quarantined area provided the fruit
is treated, harvested, transported and packed under the conditions
outlined in the August 9, 2012, Federal Order (DA-2012-30) issued
by the USDA-APHIS, Plant Protection and Quarantine, entitled
"Quarantine for Candidatur Liberibacter Asiatics' Causal Agent of
(f) To request a special permit, a compliance agreement, or a
copy of applicable departmental or federal requirements, contact the
department's Valley Regional Office, 900-B East Expressway 82, San
Juan, Texas 78598, (956) 787-8866.
19.619. Consequences for Failure to Comply with Quarantine.
Restrictions. A person who fails to comply with quarantine restrictions
or requirements or a department order relating to the quarantine is sub-
ject to administrative or civil penalties up to $10,000 per day for any
violation of the order and to the assessment of costs for any treatment
or destruction that must be performed by the department in the absence
of such compliance. Additionally, the department is authorized to seize
and treat or destroy, or order to be treated or destroyed, any quarantined
article that is found to be infested with the quarantined pest or, regard-
less of whether infected or not, transported within, out of, or through
the quarantined area in violation of these rules.
19.620. Appeal ofDepartment Action Taken for Failure to Comply
with Quarantine Restrictions.
An order under the quarantine may be appealed according to proce-
dures set forth in the Texas Agriculture Code, 71.010.
19.621. Conflicts Between Graphical Representations and Textual
Descriptions; Other Inconsistencies.
(a) In the event that discrepancies exist between graphical rep-
resentations and textual descriptions in this subchapter, the representa-
tion or description creating the larger geographical area or more strin-
gent requirements regarding the handling or movement of quarantined
articles shall control.
(b) The textual description of the plant disease shall control
over any graphical representation of the same.
(c) Where otherwise clear as to intent, the mistyping of a sci-
entific or common name in this subchapter shall not be grounds for
avoiding the requirements of this subchapter.
19.622. Mandatory Treatment ofCitrus Nursery Plants in the Citrus
(a) Treatment Requirements:
(1) Interstate sale, distribution or movement. Any regu-
lated article produced or under production in the citrus zone, as speci-
fied in 21.4 of this title (relating to Citrus Zone), that is intended for
EMERGENCY RULES August 31, 2012 37 TexReg 6829
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/11/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.