SECTION 19.113. Restrictions

(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas, except as provided in subsections (b) and (c) of this section.

(b) Exemptions. The following quarantined articles are exempt from the restrictions of this subchapter:

(1) individual shipments of lots of shelled grain or seed of 100 pounds or less;

(2) grain comprised of packages less than 10 pounds and free from portion of plants or fragments capable of harboring the European Corn Borer;

(3) shelled popcorn, seed for planting, or clean, sacked grain for human consumption;

(4) dahlia tubers without stems;

(5) gladiolus corms without stems;

(6) pungent types of pepper fruits;

(7) dried flowers and leaves, seeds for planting and human consumption, extracted fiber, and extracted oil of Cannabis spp.;

(8) divisions without stems of the previous year's growth, seedling plants, rooted cuttings, and cut flowers of ornamental plants listed in §19.112(b)(3) of this subchapter (relating to Quarantined Articles) if shipped during the period between November 30th to May 1st; and

(9) quarantined articles destined to a processing facility may be granted an exemption upon departmental review.

(c) Exceptions.

(1) A quarantined article may be shipped into a free area in Texas if it is accompanied by a certificate issued by an authorized representative of the origin state's department of agriculture certifying that the article has met one of the following conditions:

(A) the quarantined article was a product of a state not listed as quarantined in this subchapter, and the quarantined article has been maintained to assure no blending or mixing with other quarantined articles produced in or shipped from quarantined areas described in this subchapter; or

(B) grain has been screened through a 1/2 inch or smaller mesh screen, or otherwise processed prior to loading and is free from stalks, cobs, stems or such portions of plants or fragments; or

(C) the quarantined article has been fumigated in a manner prescribed by the department; or

(D) the quarantined article originated from an approved establishment:

(i) in Texas, which has a current compliance agreement with the department; or

(ii) which has a current compliance agreement with the originating state department of agriculture; or

(E) divisions without stems of the previous year's growth, seedling plants, rooted cuttings, and cut flowers of ornamental plants listed in §19.112 (b)(3) of this subchapter (relating to Quarantined Articles), seedling plants and cuttings of Cannabis spp., and articles listed in §19.112(b)(2) of this subchapter (relating to Quarantined Articles), if each lot or shipment is inspected by an authorized representative of the origin state's department of agriculture and no European Corn Borer is found; or

(F) the greenhouse or the growing area where ornamentals with divisions without stems of the previous year's growth, rooted cuttings, seedling plants or cut flowers were produced, were inspected and no European Corn Borer was found; or

(G) parts of Cannabis spp. plants have been screened through a 1/2 inch or smaller mesh screen, or otherwise processed prior to loading and are free from stalks, stems or such portions of plants or fragments capable of harboring larvae of European Corn Borer.

(2) Unfumigated and unscreened grain may be shipped through the free area of Texas if it is destined to a foreign port through a port elevator operating under the authority of the Federal Grain Inspection Service (FGIS), provided a certificate from the state of origin accompanies each shipment stating:

(A) grain is for export only; and

(B) shipment shall not be diverted to any other Texas point; and

(C) a change in destination to other Texas points is not authorized.

Source Note: The provisions of this §19.113 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective August 13, 1997, 22 TexReg 7224; amended to be effective September 12, 2001, 26 TexReg 6869; amended to be effective August 30, 2020, 45 TexReg 5905