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RULE §21.6Restrictions

(a) General.

  (1) In addition to any other applicable restrictions imposed by regulations adopted under Chapter 71 of the Code, quarantined articles may not be transported into Texas except as outlined in subsections (b) and (c) of this section. Legible and complete records sufficient to document compliance with all requirements in this section shall be kept, maintained, accessible, and made available for inspection during normal business hours for a time period no less than four years.

  (2) Quarantined articles from areas of Texas outside of the citrus zone may not be transported into the citrus zone except:

    (A) if approved by the Department under the conditions of a compliance agreement or a special permit issued by the Department for research, for testing of official regulatory samples, or for use in the production of parasites, predators or pathogens of a quarantined pest or other purpose deemed necessary by the department; or

    (B) if the citrus nursery tree is propagated, treated and transported in accordance with §21.84 of this chapter (relating to Movement of Citrus Plants into the citrus zone or Out of an Area Quarantined for Citrus Greening).

(b) Required Labeling.

  (1) In addition to the requirements in this Subchapter A, any citrus nursery stock sold, moved or distributed into or within an area quarantined for citrus greening must have attached to the article or to the container of the article, a permanent and weatherproof tag or label in a clear and legible format no less than 14-point font bearing the exact words:

    (A) "PROHIBITED FOR MOVEMENT OUTSIDE OF QUARANTINED AREA Penalty for Violation, Texas Department of Agriculture: TexasAgriculture.gov;" and

    (B) "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2015 or AUG012015 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.

  (2) Citrus nursery stock that is not in or intended for movement into a citrus greening quarantined area shall not be labeled as described in paragraph (1)(A) of this subsection.

  (3) Citrus nursery stock labeled or tagged according to paragraph (1)(A) of this subsection that is offered for retail sale in an area that is not quarantined for citrus greening may be subject to seizure until documentation is provided that the nursery stock has not been in a citrus greening or citrus canker quarantine area.

(c) Budwood. Budwood may be shipped into Texas, including the citrus zone, from any state or from outside of the United States, in accordance with §21.40 of this chapter (relating to Importing Out-of-State Budwood).

(d) Exemption. Commercial citrus fruit and citrus seed treated as prescribed in the USDA Treatment Manual in T203-p, having to do with seeds of citrus (Rutaceae family) to prevent pest transmission are exempt from the requirements set forth in this Subchapter A, Citrus Quarantines.

Source Note: The provisions of this §21.6 adopted to be effective March 22, 2018, 43 TexReg 1629

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