| (a) A regulated article or quarantined pest shall not
be moved into, within, out of, or through a quarantined area except
as specified in this subchapter.
(b) Movement of regulated articles that are detached
fruit.
(1) Regulated articles that are detached fruit may
be moved into, within, out of, or through a quarantined area only
if:
(A) the grower, transporter and processor have entered
into a compliance agreement with the department or the USDA; and
(B) the fruit is treated and handled in accordance
with the requirements set forth in the compliance agreement; and
(C) the fruit is accompanied by documentation of:
(i) treatment required by either this subchapter or
a compliance agreement; and
(ii) the origin of the regulated articles.
(2) Detached fruit carried in a part of a conveyance
or equipment that is open to the outside environment must be covered
by a tarpaulin, plastic sheet, or other covering sufficient to prevent
the quarantined pest from contacting the fruit.
(3) Detached fruit processed to commercial standards
and free of the quarantined pest may be transported into, within,
out of or through a quarantined area, either in an enclosed vehicle
or under complete cover that does not allow exposure of the regulated
article to the quarantined pest.
(4) Detached fruit or other regulated articles originating
outside a quarantined area and transported without being either enclosed
or under cover that prevents exposure of the fruit to the quarantined
pest, shall be subject to all restrictions and requirements as are
regulated articles originating in the quarantined area.
(c) A person who transports a regulated article into,
within, out of, or through a quarantined area shall ensure that non-infested
regulated articles do not become infested and that the quarantined
pest is not spread within the quarantined area or moved out of the
quarantined area.
(d) Regulated articles other than detached fruit shall
not be moved except under the provisions of a written notice issued
by the department or the USDA or a written compliance agreement between
the person and the department or the USDA.
(e) Exception. Any quarantined pest that has been rendered
sterile or that is being moved as part of a regulatory or other official
activity of the department or of the USDA is exempt from the requirements
and restrictions of this subchapter.
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