SECTION 19.622. Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone

(a) Treatment Requirements:

(1) Interstate sale, distribution or movement. Any regulated article produced or under production in the citrus zone, as specified in §21.4 of this title (relating to Citrus Zone), that is intended for interstate sale, distribution or movement shall be treated as provided in 7 CFR §301.76, and as specified in the "Interstate Movement of Citrus and other Rutaceous Plants For Planting From Areas Quarantined for Citrus Canker, Citrus Greening, or Asian Citrus Psyllid" as published by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine. A copy of the requirements may be obtained by contacting the department's Valley Regional Office, 900-B East Expressway 82, San Juan, Texas 78598, [phone]; and

(2) Intrastate sale, distribution or movement. Any regulated article produced or under production in the citrus zone, as specified in §21.4 of this title, that is intended for intrastate sale, distribution or movement, either within or outside of the Citrus Zone:

(A) Prior to any sale, distribution or movement shall be treated as specified in the "Interstate Movement of Citrus and other Rutaceous Plants For Planting From Areas Quarantined for Citrus Canker, Citrus Greening, or Asian Citrus Psyllid" as published by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine; and

(B) If any maximum treatment period specified under subparagraph (A) of this paragraph expires before all regulated articles have been sold, distributed or moved, the required treatment shall be re-applied, as necessary. No regulated article that is not compliant with all treatment requirements may be sold, distributed, or moved.

(C) A copy of the requirements in this subsection may be obtained by contacting the department's Valley Regional Office, 900-B East Expressway 82, San Juan, Texas 78598, [phone].

(b) Treatment records. Records of the lot numbers treated and of the treatment materials and treatment dates for each treatment required under subsection (a) of this section shall be maintained by the nursery for a period of not less than two years following the last treatment date for a given lot of regulated articles, and records shall be made available to an authorized department or USDA employee, upon request during normal business hours.

(c) Exemptions. For regulated articles intended for intrastate sale or for intrastate commercial or noncommercial distribution or movement, the following are exempt from the requirements of this section:

(1) Any retail location that possesses a valid Class 1 nursery/floral registration, as required by §22.3 of this title (relating to Nursery/Floral Registration Classifications and Fees); or

(2) Any person who purchases or otherwise receives a regulated article for that person's own use and not for further sale, distribution or movement, is exempt from the requirements of this section.

Source Note: The provisions of this §19.622 adopted to be effective February 9, 2013, 38 TexReg 491