SECTION 20.16. Restrictions

(a) General. Movement of regulated articles is prohibited in the following cases:

(1) from or through a quarantined area to an eradicated area, a functionally eradicated area, or a suppressed area;

(2) from or through a suppressed area to an eradicated area or a functionally eradicated area;

(3) from or through a functionally eradicated area to an eradicated area;

(4) when the department determines that the movement may cause an increase in infestation of boll weevil; or

(5) from an area infested with the boll weevil if the area is not participating in the boll weevil eradication program.

(b) Exemptions. The following are exempt from the requirements of this subchapter if the regulated article is originating from an area participating in the boll weevil eradication program:

(1) cotton seed and vehicles transporting the seed;

(2) baled cotton, baled gin motes and linters and vehicles transporting baled cotton and baled gin motes and linters; and

(3) manufactured cotton products.

(c) Exceptions. The following are exceptions to the restrictions in subsection (a) of this section if the regulated article is originating from an area participating in the boll weevil eradication program:

(1) Cotton harvesting equipment and other equipment associated with the production and transport of cotton as well as used gin equipment, otherwise prohibited from movement by these rules, may be moved to or through a restricted area provided the equipment is accompanied by a certificate of inspection certifying freedom of hostable material, seed cotton and boll weevils in any stage of development, and has been treated in one of the following manners:

(A) physical removal of hostable material and seed cotton including, but not limited to, the following methods:

(i) removal by hand;

(ii) high-pressure air cleaning; or

(iii) high pressure washing; or

(B) fumigation of regulated articles as prescribed by the department.

(2) Cotton products and other regulated articles, otherwise prohibited from movement by these rules, may be transported to or through a restricted area provided that the producer, transporter, ginner, or other responsible party has implemented a protection plan approved by the department and operates under the conditions of a compliance agreement established with the department.

Source Note: The provisions of this §20.16 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective July 26, 2007, 32 TexReg 4547; amended to be effective February 6, 2014, 39 TexReg 483; amended to be effective September 1, 2019, 44 TexReg 4475