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RULE §19.154Establishment of Quarantined Areas and Core Areas, Treatment of Infestations, and Destruction of Quarantined Articles

(a) When two or more quarantined pests, a mated female or one larva is detected, a quarantined area is established around the detection site. The quarantined area shall cover an area of approximately 81 square miles, which includes an approximately 4.5 mile radius around the detection site. Within a quarantined area, a core area of 0.5 mile radius from each detection site will be established. In the interest of practicality, the department may vary the shape and size of quarantined areas, in order to utilize roads or other recognizable geographic features to demarcate boundaries of quarantined areas or core areas. Core areas shall be treated as prescribed by the department or the USDA. Within a core area, the required treatment program shall restart if an additional quarantined pest is detected inside that core area.

(b) The owner or orchard manager may be required to bear all treatment expenses.

(c) The owner or orchard manager shall enter into a compliance agreement with the department to make the required treatments and handle the regulated articles as prescribed in the compliance agreement.

(d) At noncommercial locations, regulated articles will be handled as prescribed by the department or the USDA.

(e) The quarantined pest shall be considered eradicated from the quarantined area when additional flies are not detected beginning with the most recent detection of a quarantined pest and continuing for two generations, followed by one generation without trapping any quarantined pests. The number of days required to complete a fly generation will vary, based on a degree-day model calculated by the department or the USDA.

(f) In addition to assessment of administrative penalties as provided in the Texas Agriculture Code, §12.020, a violation of this subchapter may require destruction of quarantined articles.

(g) If the producer or handler of quarantined articles required to be destroyed or treated refuses to destroy or treat the articles, the department may destroy or treat the quarantined articles and charge the costs of destruction or treatment to the producer or handler, in accordance with the Texas Agriculture Code, §71.0091.

Source Note: The provisions of this §19.154 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective September 24, 2001, 26 TexReg 7269; amended to be effective April 22, 2015, 40 TexReg 2192

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