(a) For the purpose of meeting the USDA-APHIS-PPQ requirements for movement of citrus plants out of an area quarantined for citrus greening or citrus canker by USDA and the Department, and for interstate movement in accordance with USDA requirements, the Texas State Certified Clean Citrus Stock Program, consists of:
  (1) All citrus plants that have been propagated in accordance with subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program), or in a structure that meets the requirements of USDA-APHIS for interstate movement from an area quarantined for citrus greening or citrus canker; and
  (2) Propagated with certified budwood from a recognized and approved budwood source;
  (3) Propagated from budwood that originated from a certified increase tree;
  (4) Propagated in a continuous progression of certified trees from generation to generation wherein that the original trees were propagated using certified budwood and all progeny propagated and/or used as a source of budwood are identified in a manner to clearly trace the original source of budwood, the year the original budwood was purchased and labeled in accordance to §21.36(j) of this title (relating to Increase Trees and Increase Blocks); or
  (5) For noncommercial varieties for which certified budwood is not available and which are not to be moved into the Citrus Zone, budwood source trees must have been tested for citrus tristeza, citrus greening or any other pest of regulatory concern within 12 months prior to use for budwood. Nursery stock resulting from the budwood of these varieties shall be sampled and tested according to the USDA-APHIS-PPQ requirements for movement of citrus plants out of a quarantined area. The Department will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.
(b) Samples will be collected by the Department for testing in accordance with the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. The cost of the laboratory analysis of the samples shall be borne by the owner of the citrus nursery.

Source Note: The provisions of this §21.90 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629