(a) Any person who propagates citrus nursery stock for the purpose of commercial or noncommercial use within the citrus zone must hold a current certificate for a certified citrus nursery. Any person who propagates citrus nursery stock for the purpose of sale within the citrus zone must also hold a current nursery/floral license, in accordance with Chapter 22 of this title (relating to Nursery Products and Floral Items).
(b) Application process.
  (1) An application for citrus nursery certification and a schedule of registration fees can be obtained from the department's website at: www.TexasAgriculture.gov.
  (2) An applicant should submit a completed application form and application fee according to directions on the form.
  (3) An application fee will be charged on the basis of $100 for facilities with a total enclosed insect exclusionary area of up to 25,000 square feet, plus $50 for each additional 25,000 square feet or fraction thereof. In case reinspection is necessary, a fee equal to the application fee will be charged.
(c) Certification fee. An annual certification fee will be charged on the basis of $575 for facilities with a total enclosed insect exclusionary area of up to 25,000 square feet, plus $175 for each additional 25,000 square feet or fraction thereof.
(d) Payment of certification fee.
  (1) Payment of the fee for renewal of a certificate for a certified citrus nursery is late if the fee has not been received by the department by the due date.
  (2) If payment of a certification fee is 30 or more days late, all citrus nursery stock at the location may be subject to a stop-sale order until full payment has been received.
(e) Public display of certificate for a certified citrus nursery. The current certified citrus nursery certificate shall be kept on display at the certified citrus nursery in a location where it is readily visible to the public.
(f) Changes in a production greenhouse.
  (1) Before a facility covered under a certificate for a certified citrus nursery is modified in a way that, either during or after the modification, affects the walls, screening, doors or insect-exclusionary ventilation, the certificate holder must either:
    (A) enter into a compliance agreement with the department, outlining safeguarding conditions to maintain the facility insect free; or
    (B) remove all regulated materials from the facility and irrevocably surrender the certificate to the department.
  (2) If the size of the facility changes, the nursery shall submit an application indicating the change. Once an applicant has met certification requirements, an annual certification fee must be remitted to the department.

Source Note: The provisions of this §21.62 adopted to be effective November 21, 2013, 38 TexReg 8189; amended to be effective March 22, 2018, 43 TexReg 1629