(a) General. Movement of quarantined articles from the quarantined areas of Texas are prohibited, except as provided in subsections (b) and (c) of this section.

(b) Exemptions.

(1) Palm seed are exempt from the provisions of this subchapter.

(2) Quarantined articles from quarantined areas of Texas are exempt from the requirements of treatment and a phytosanitary certificate after a six-month absence of an infected tree or when located more than 2 miles from an infected tree.

(c) Exceptions.

(1) When an infected tree has been detected, shipments of quarantined palms from quarantined areas of Texas specified in subparagraphs (A) or (B) of this paragraph may be allowed to move under the following conditions. (A) Quarantined palms located within one mile of a known infected tree may: (i) not move for a period of six months following removal of an infected tree; and (ii) have been treated, as approved by the department, for a minimum period of three months during the six-month period following the removal of an infected tree; and (iii) be allowed to move after six months if no other infected trees are found within a mile radius. (B) Quarantined palms located more than one mile and less than two miles from known infected trees must: (i) be inspected within 24 hours prior to shipment with no symptoms of lethal decline apparent; and (ii) have been treated, as approved by the department, for a period of three months prior to shipment; and (iii) must be treated within 48 hours prior to movement; and (iv) be allowed to move when accompanied by a phytosanitary certificate over a three-month period since completion of the treatment. (C) A phytosanitary certificate is not required for shipments made beyond six months since detection of an infected tree.

(2) Tools used in pruning and handling of host plants may be allowed movement from the quarantined area if disinfected with one part liquid household bleach (sodium hypochlorite) to four parts water or some other suitable disinfectant.

(3) Shipments of quarantined palms from Florida may be allowed movement into Texas when accompanied by a phytosanitary certificate issued by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, under the following conditions. (A) Quarantined palms located within two miles of known infected trees are prohibited. (B) Quarantined palms located more than two miles from known infected trees: (i) must be inspected within 24 hours prior to shipment with no symptoms of date palm lethal decline apparent; (ii) must be under a prescribed pest management program for six weeks prior to shipment and receive a final treatment within 48 hours prior to movement; and (iii) tools used in pruning and handling of host plants must be disinfected with one part liquid household bleach (sodium hypochlorite) to four parts water or some other suitable disinfectant.

Source Note: The provisions of this § 19.53 adopted to be effective September 2, 1996, 21 TexReg 7803; amended to be effective July 26, 2009, 34 TexReg 4733