Budwood of citrus varieties not existing in, or not available as certified budwood in Texas may be shipped into Texas, including into the citrus zone, from any state or from outside the United States provided the following conditions are met before the citrus budwood is allowed to enter Texas:
  (1) The budwood shall be tested no more than 90 days prior to shipping to Texas using methods and facilities approved by the department. Such tests must produce negative results for all pests and diseases listed under §21.2 of this title (relating to Quarantined Pests and Diseases). Documentation of negative results of these tests must be included with the shipment;
  (2) The budwood shall be assigned by the department to a federal or state agency approved by the department for the purpose of conducting confirmation tests to determine if the budwood is free from all known viruses and infectious diseases before it is released to the buyer;
  (3) A department issued permit to import the citrus budwood into Texas and a copy of the certificate required by paragraphs (5) and (6) of this section must be included with the shipment;
  (4) Before any citrus budwood will be allowed to enter Texas from an area under a federal quarantine related to citrus or from outside the continental United States, it must meet the requirements of the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine. Such clearance certificate shall be approved by the department before the entrance of the budwood shipment into Texas; and
  (5) In addition to the requirements outlined in paragraphs (1), (2), and (3) of this section, shipments originating in a state other than Texas must be accompanied by a certificate from the origin state's department of agriculture specifying that the budwood is free of pests and diseases listed in §21.2 of this title. A copy of the certificate shall be sent to the department for approval and subsequent issuance of a permit before the shipment will be allowed into Texas.
  (6) Budwood originating from the California Citrus Clonal Protection Program (CCCPP), the Florida Department of Agriculture and Consumer Services (FDACS) Bureau of Citrus Budwood Registration, or the USDA-ARS National Clonal Germplasm Repository for Citrus and Dates (USDA-ARS-NCGR) are exempt from the requirements in paragraphs (1) and (2) of this section, but must be accompanied by a certificate from the CCCPP, FDACS, or the USDA-ARS-NCGR specifying that the budwood is free of pests and diseases listed in §21.2 of this title.

Source Note: The provisions of this §21.40 adopted to be effective December 31, 2015, 40 TexReg 9626