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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER VMEXICAN FRUIT FLY QUARANTINE
RULE §19.505Monitoring, Handling and Treatment of Regulated Articles

(a) A regulated article or quarantined pest located within a core area shall be monitored, handled, and treated, as prescribed in a written notice issued by the department or the USDA, or as specified in a written compliance agreement between the department or the USDA and the owner or person in control of the regulated article or the property on which the regulated article is located.

(b) The owner or manager of an orchard, other commercial fruit operation, or nursery subject to quarantine requirements may be required to bear all treatment expenses.

(c) Homeowners located in a core area who enter into a written compliance agreement with the department or the USDA shall not be required to pay treatment expenses for fruit or fruit trees grown, harvested, or found on their residential property, unless the fruit or fruit tree is transported to the residential property from an orchard, other commercial fruit operation, or nursery owned or operated by the homeowner or at which the homeowner is employed, at a time during which the quarantine is in effect.

(d) Unless otherwise specified in a written notice issued by the department or the USDA or in a written compliance agreement between the person and the department or the USDA, a wholesaler, fruit retailer, street fruit vendor, or flea market stall operator located within the quarantined area shall cover or enclose detached fruit with Mexfly exclusionary air curtains, screens, plastic sheets, boxes without holes or other openings, or tarpaulins.

(e) A person who within the quarantined area is holding or displaying for sale or distribution a plant the fruit of which is a regulated article shall ensure that each such plant is free of fruit at all times prior to sale or distribution of the plant.


Source Note: The provisions of this §19.505 adopted to be effective January 20, 2015, 40 TexReg 326

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