<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §22.4Stop-sale Order and Appeal

(a) Except as provided in subsection (b) or (c) of this section, nursery products and/or floral items that are infested or infected with a plant pest, or sold from unregistered locations are subject to a stop-sale order.

(b) Nursery products and/or floral items shall not be placed under a stop-sale order when a plant pest is detected on the plants, plant products, or plant production areas if:

  (1) the certificate holder is operating under an integrated pest management plan approved by the department, and

  (2) sale of the nursery products and/or floral items infested, infected, or within an infested or infected plant production area, is not scheduled to take place within 48 hours.

(c) Beneficial organisms are a control method of integrated pest management and do not constitute a basis for the issuance of a stop-sale order.

(d) The certificate holder or employee of the certificate holder may appeal a stop-sale order by submitting a written appeal to the department or to the inspector at the time the stop-sale order is issued. The written appeal must be submitted by means that provides proof of the date and time of delivery, except that proof of date and time of delivery is not required for hand-delivery to the department's inspector at the time of inspection. All appeals submitted by electronic mail must be sent to appeal.order@agr.state.tx.us.

(e) An appeal of a stop-sale order must be received by the department within 48 hours after the stop-sale order is issued. If the appeal is not received within the specified time period, the stop-sale order may be removed by re-inspection.

(f) The department shall review the appeal and issue a decision to rescind or continue the stop-sale order by the close of business on the third working day after the day the request is received.

Source Note: The provisions of this §22.4 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective September 9, 2001, 26 TexReg 6661

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page