Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,827
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Emergency Rules include new rules, amendments to existing rules, and the repeals of existing
U L E S rules. A state agency may adopt an emergency rule without prior notice or hearing if the agency
finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or
federal law, requires adoption of a rule on fewer than 30 days' notice. An emergency rule may be effective for not longer than
120 days and may be renewed once for not longer than 60 days (Government Code, 2001 .034).
TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF
CHAPTER 19. QUARANTINES AND
NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER V. MEXICAN FRUIT FLY
4 TAC 19.500 - 19.508
The Texas Department of Agriculture is renewing the effective-
ness of the emergency adoption of new 19.500 - 19.508 for a
60-day period. The text of the new sections was originally pub-
lished in the May 4, 2012, issue of the Texas Register(37 TexReg
Filed with the Office of the Secretary of State on August 13, 2012.
Dolores Alvarado Hibbs
Texas Department of Agriculture
Original effective date: April 18, 2012
Expiration date: October 14, 2012
For further information, please call: (512) 463-4075
4 TAC 19.615 - 19.622
The Texas Department of Agriculture (the department) adopts on
an emergency basis new 19.615 - 19.622, which establish a
quarantine to contain and combat a recently discovered infesta-
tion of citrus greening ("Candidatus Liberibacter asiaticus"), also
known as Huanglongbing (HLB), an exotic incurable, lethal dis-
ease that is dangerous to citrus trees and many related plants.
The newly detected infestation, which is the first known instance
of citrus greening in Texas, represents a serious risk to the state's
commercial citrus and citrus nursery plant industries. The de-
partment believes that establishment of this emergency quar-
antine is both necessary and appropriate in order to effectively
combat and prevent the spread of citrus greening to non-infected
areas, including to other commercial citrus groves and to citrus
nursery plant production areas in Texas and other states.
This emergency quarantine is adopted because the Texas De-
partment of Agriculture (TDA) and United States Department of
Agriculture (USDA) Animal and Plant Health Inspection Service
(APHIS) have confirmed the detection of citrus greening in a
commercial orange grove and an adjacent commercial grape-
fruit grove in San Juan, Texas, in Hidalgo County.
New 19.615 states the basis for the quarantine and defines the
quarantined pest. New 19.616 designates the areas subject
to quarantine. New 19.617 provides that an article subject to
the quarantine, or regulated article, is any article described as a
regulated article by Title 7, Code of Federal Regulations (CFR)
301.76-2. New 19.618 provides restrictions on the movement
of articles subject to the quarantine. New 19.619 provides con-
sequences for failure to comply with quarantine restrictions. New
19.620 provides an appeal process for certain agency actions
taken against a person for failure to comply with quarantine re-
strictions or requirements. New 19.621 provides procedures
for handling discrepancies or other inconsistencies in textual de-
scriptions in this subchapter with graphic representations. New
19.622 provides requirements for treatment of citrus nursery
stock in the citrus zone, prior to shipment within and outside of
the citrus zone.
On March 14, 2012, the department filed an emergency quar-
antine which was published in the March 30, 2012, issue of
the Texas Register (37 TexReg 2128). The new sections in
this emergency filing will replace the emergency quarantine filed
by the department on March 14. This filing of the emergency
quarantine will make the department's quarantine consistent with
USDA regulations found in 7 CFR, Part 301, Subpart--Citrus
Greening and Asian Citrus Psyllid, 301.76 - 301.76-11, and
with Federal Order DA-2012-30 issued by USDA-APHIS on Au-
gust 9, effective September 1, 2012. The new sections clar-
ify what articles are regulated articles, redefine the limits of the
quarantined area, clarify the basis for the quarantine, clarify re-
strictions on the production, movement or distribution of articles
subject to the quarantine, and clarify mandatory treatment re-
quirements for citrus nursery plants in the citrus zone. This up-
dated emergency quarantine also provides for the department to
designate additional quarantined infested areas and quarantined
areas, as new infestations occur, or a reduction of the quaran-
tined area, and provides methods of notifying affected producers
of additional designated quarantined areas and core areas within
an infested area.
The citrus and nursery industries in particular are in peril be-
cause without this emergency quarantine action, USDA could
quarantine the entire state of Texas and, as a result, important
export markets for citrus plants could be lost and all citrus plants
would be subject to more costly production in enclosed struc-
tures under stringent requirements prior to export from the state.
This emergency quarantine takes necessary steps to prevent the
spread of the infection, thus protecting the state's citrus fruit and
nursery crops, agricultural industries of vital importance to the
state of Texas.
EMERGENCY RULES August 31, 2012 37 TexReg 6827
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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/m1/9/: accessed December 11, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.