| (a) When two or more quarantined pests, a mated female
or one larva is detected, a quarantined area is established around
the detection site. The quarantined area shall cover an area of approximately
81 square miles, which includes an approximately 4.5 mile radius around
the detection site. Within a quarantined area, a core area of 0.5
mile radius from each detection site will be established. In the interest
of practicality, the department may vary the shape and size of quarantined
areas, in order to utilize roads or other recognizable geographic
features to demarcate boundaries of quarantined areas or core areas.
Core areas shall be treated as prescribed by the department or the
USDA. Within a core area, the required treatment program shall restart
if an additional quarantined pest is detected inside that core area.
(b) The owner or orchard manager may be required to
bear all treatment expenses.
(c) The owner or orchard manager shall enter into a
compliance agreement with the department to make the required treatments
and handle the regulated articles as prescribed in the compliance
agreement.
(d) At noncommercial locations, regulated articles
will be handled as prescribed by the department or the USDA.
(e) The quarantined pest shall be considered eradicated
from the quarantined area when additional flies are not detected beginning
with the most recent detection of a quarantined pest and continuing
for two generations, followed by one generation without trapping any
quarantined pests. The number of days required to complete a fly generation
will vary, based on a degree-day model calculated by the department
or the USDA.
(f) In addition to assessment of administrative penalties
as provided in the Texas Agriculture Code, §12.020, a violation
of this subchapter may require destruction of quarantined articles.
(g) If the producer or handler of quarantined articles
required to be destroyed or treated refuses to destroy or treat the
articles, the department may destroy or treat the quarantined articles
and charge the costs of destruction or treatment to the producer or
handler, in accordance with the Texas Agriculture Code, §71.0091.
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| Source Note: The provisions of this §19.154 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective September 24, 2001, 26 TexReg 7269; amended to be effective April 22, 2015, 40 TexReg 2192 |
