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RULE §19.504Restrictions on Movement of Articles Subject to the Quarantine

(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.

Source Note: The provisions of this §19.504 adopted to be effective January 20, 2015, 40 TexReg 326

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