| (a) Any person who propagates citrus nursery stock
for the purpose of commercial or noncommercial use within the citrus
zone must hold a current certificate for a certified citrus nursery.
Any person who propagates citrus nursery stock for the purpose of
sale within the citrus zone must also hold a current nursery/floral
license, in accordance with Chapter 22 of this title (relating to
Nursery Products and Floral Items).
(b) Application process.
(1) An application for citrus nursery certification
and a schedule of registration fees can be obtained from the department's
website at: www.TexasAgriculture.gov.
(2) An applicant should submit a completed application
form and application fee according to directions on the form.
(3) An application fee will be charged on the basis
of $100 for facilities with a total enclosed insect exclusionary area
of up to 25,000 square feet, plus $50 for each additional 25,000 square
feet or fraction thereof. In case reinspection is necessary, a fee
equal to the application fee will be charged.
(c) Certification fee. An annual certification fee
will be charged on the basis of $575 for facilities with a total enclosed
insect exclusionary area of up to 25,000 square feet, plus $175 for
each additional 25,000 square feet or fraction thereof.
(d) Payment of certification fee.
(1) Payment of the fee for renewal of a certificate
for a certified citrus nursery is late if the fee has not been received
by the department by the due date.
(2) If payment of a certification fee is 30 or more
days late, all citrus nursery stock at the location may be subject
to a stop-sale order until full payment has been received.
(e) Public display of certificate for a certified citrus
nursery. The current certified citrus nursery certificate shall be
kept on display at the certified citrus nursery in a location where
it is readily visible to the public.
(f) Changes in a production greenhouse.
(1) Before a facility covered under a certificate for
a certified citrus nursery is modified in a way that, either during
or after the modification, affects the walls, screening, doors or
insect-exclusionary ventilation, the certificate holder must either:
(A) enter into a compliance agreement with the department,
outlining safeguarding conditions to maintain the facility insect
free; or
(B) remove all regulated materials from the facility
and irrevocably surrender the certificate to the department.
(2) If the size of the facility changes, the nursery
shall submit an application indicating the change. Once an applicant
has met certification requirements, an annual certification fee must
be remitted to the department.
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