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RULE §21.7Treatment Requirements

(a) Treatments for regulated articles intended for sale, distribution or movement out of an area quarantined for citrus pests and disease or out of the state of Texas shall be as provided in 7 CFR §301.76, and as specified in the "Interstate Movement of Citrus and other Rutaceous Plants For Planting From Areas Quarantined for Citrus Canker, Citrus Greening, or Asian Citrus Psyllid" as published by the USDA-APHIS-PPQ.

(b) Treatments for regulated articles intended for intrastate Texas sale, distribution or movement that do not involve leaving an area quarantined for citrus pests shall be using active ingredients approved in the USDA Treatment Manual, in D301.76(b), having to do with treatment of citrus nursery stock and related hosts for control of ACP. Required treatments are:

  (1) Residual treatment. Treatment shall consist of application of a soil drench, in-ground granular chemical or other soil-applied formulation of a systemic insecticide. The active ingredient must be dinotefuran, imidacloprid or another active ingredient in the USDA Treatment Manual. Application schedule must be either:

    (A) treat 20-40 days prior to movement of article; or

    (B) reapply up to the date of movement, if previously treated 20-90 days prior to movement; and

  (2) Foliar spray.

    (A) Apply an appropriately labeled foliar spray formulation including an active ingredient listed in the USDA Treatment Manual prior to movement.

    (B) Apply the foliar spray no more than 14 days prior to movement.

(c) Treatments must be made with formulations labeled for use in citrus to control ACP. Treatments must be applied according to the EPA label, including, but not limited to, application directions, restricted entry interval (REI), preharvest interval (PHI) and Worker Protection Standards (WPS). Application of a restricted use pesticide must be made according to applicable Department and EPA pesticide regulations; a pesticide applicator’s license and additional recordkeeping are required.

(d) Inspection of regulated articles for ACP must be made within 72 hours prior to shipping. No ACP may be present at any time on the regulated articles, including at the time of movement.

(e) If any maximum treatment period specified under subsection (b) of this section expires before all regulated articles at a Class 2, 3 or 4 nursery have been sold, distributed or moved, the required treatment shall be re-applied, as necessary. No regulated article at a Class 2, 3 or 4 nursery that is not compliant with all applicable treatment requirements may be sold, distributed, or moved.

(f) All regulated articles at any nursery must be kept free of ACP and all other pests, as required in §22.2 of this title (relating to Application).

(g) 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 §21.7 adopted to be effective March 22, 2018, 43 TexReg 1629

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