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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER OWEST INDIAN FRUIT FLY QUARANTINE
RULE §19.153Restrictions

(a) Movement of regulated articles.

  (1) General. Regulated articles shall not be moved within or out of a quarantined area or distributed within a quarantined area.

  (2) Exceptions. Regulated articles may be moved within or out of a quarantined area or sold to the public under the conditions of a permit or compliance agreement issued by the department or by the United States Department of Agriculture (USDA).

(b) Treatment of regulated articles. Accepted treatments for regulated articles can be found in Title 7 of the Code of Federal Regulations (7 CFR) 301.32-10, Treatments.

(c) 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 that are regulated articles with air curtains, screens of mesh 2 millimeters or smaller, plastic sheets, boxes without holes or other openings, or tarpaulins.

(d) A person who within the quarantined area is holding or displaying for sale or distribution a plant whose fruit are regulated articles shall ensure that all regulated articles regularly are removed such that each such plant is free from regulated articles at all times prior to sale or distribution.


Source Note: The provisions of this §19.153 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective April 22, 2015, 40 TexReg 2192

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