(a) General. Quarantined articles from the quarantined area are prohibited entry into or through the free areas of Texas, except as provided in subsections (b) and (c) of this section.

(b) Exemptions. The following quarantined articles are exempt from permit requirements:

(1) soil samples of one pound or less which are packaged so that no soil will be spilled in transit;

(2) soil samples of any size collected and shipped to any United States Army Corps of Engineers soil laboratory;

(3) compost, decomposed manure, humus, and peat, if dehydrated, ground, pulverized, or compressed;

(4) logs and pulpwood; provided, the railroad loading site has been treated;

(5) stumpwood, if free of excessive amounts of soil; provided the railroad loading site has been treated and the stumpwood is consigned to a designated plant; and

(6) usedmechanized soil-moving equipment, if free of quarantined articles;

(7) other exemptions may be granted upon departmental review.

(c) Exceptions. Shipments from quarantined areas are allowed entry into or through the free areas under the following conditions.

(1) A phytosanitary certificate or permit must accompany the movement of quarantined articles from any quarantined area into or through any point outside thereof.

(2) Phytosanitary certificates or permits may be issued by an inspector or under the authority of a compliance agreement if the quarantined articles: (A) have originated in certified imported fire ant free premises in a quarantined area and have not been exposed to infestation while within the quarantined area; or (B) upon examination, have been found to be free of infestation; or (C) have been treated to destroy infestation inaccordance with approved procedures; or (D) have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted.

(3) Phytosanitary certificates or permits shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the shipping document and the quarantined articles are adequately described on the shipping document or on the certificate or permit.

Source Note: The provisions of this §19.103 adopted to be effective September 2, 1996, 21 TexReg 7805.