|(a) Violations. In addition to any other violations
that may arise under this chapter or subchapter, it is a violation
for any person to:
(1) Falsify, fail to maintain or fail to provide records,
application information, or other documentation required by this subchapter.
(2) Sell or offer to sell or to distribute citrus budwood
falsely claiming that it is certified, or that it comes from a foundation
block, or certified increase block.
(3) Make false claims that citrus trees originated
from certified budwood, designated foundation block, or certified
increase block with the intention to sell, offer for sale, or distribute
the citrus trees.
(4) Use citrus budwood that is not certified to propagate
certified citrus nursery trees.
(5) Fail to maintain or provide records for inspection.
(6) Fail to comply with any order issued or rule adopted
by the department under this subchapter.
(1) A stop-sale or seizure order may be issued to place
a hold on a citrus tree when there is doubt as to the source of the
tree until documentation is provided and verified, or if there are
pests or diseases identified or suspected. If adequate documentation
of source is not provided, the tree may be destroyed.
(2) Any violation under this subchapter is subject
to an administrative penalty as provided in the Texas Agriculture
Code, §12.020. Penalty calculations shall be made using a penalty
matrix developed by the department and published in the Texas Register.
(3) Foundation block status, citrus increase block
certification, budwood certification, citrus nursery stock certification,
or nursery/floral certificate may be revoked by the department if
it is determined that a violation of this subchapter has occurred
or if procedures prescribed by the department are not implemented.
(4) If the department proposes to revoke foundation
block status, citrus budwood certification, or increase block certification
under this subchapter, the owner is entitled to petition and hearing
under the Texas Agriculture Code, §12.0202, and the proceedings
shall be conducted as provided for contested cases by the Texas Administrative
Procedures Act, Government Code, Chapter 2001, and Chapter 1 of this
title (relating to General Procedures).