(a) General. Quarantined articles are prohibited entry into Texas, except as provided in subsection (b)(1) of this section.

(b) Exceptions.

(1) All shipments of sweet potatoes must be accompanied by a certificate or other phytosanitary document, issued by and bearing the signature of an authorized representative of the origin state's department of agriculture, certifying that such shipment was inspected and found to be free of sweet potato weevil. Quarantined articles from quarantined areas of other states are prohibited entry into sweet potato weevil-free areas of Texas.

(2) Subject to the restriction in paragraph (3) of this subsection, a certificate for the movement of quarantined articles from any quarantined area in the State of Texas outside thereof may be issued by a duly authorized inspector upon determination that: (A) the material certified is apparently free from infestation of the sweet potato weevil; and (B) the material has been produced, packed, and handled for shipment under such conditions as to eliminate any danger of the spread of weevils.

(3) No certificate shall be issued for the shipment of quarantined articles, except those used for research purposes, from quarantined area in Texas to: (A) a sweet potato weevil free area in Texas unless they were produced in a weevil free area and moved under special permit; or (B) any state which prohibits such entry.

(4) The movement of quarantined articles from treatment areas into sweet potato weevil-free areas is prohibited; the movement of quarantined articles from treatment areas through sweet potato weevil-free areas may be allowed under permit, with conditions for movement specified.

(c) Compliance agreements. Quarantined articles are prohibited from being grown or handled within one-half mile of a treatment area unless the grower or handler enters into and follows a compliance agreement with the department to conduct a prescribed treatment program and to follow specified crop production and handling guidelines.

(d) Bedding, Production, and Distribution of Propagative Sweet Potatoes and Slips in Weevil Free Areas.

(1) Only state certified sweet potato plants may be sold or offered for sale in Texas.

(2) No sweet potato vines, plants, or parts thereof shall be planted within one mile of an infestation which has been found within 12 months; except the grower must agree in writing to follow an insecticide treatment program approved by the department.

(3) Location and condition of storage places on infested properties shall be approved by an authorized representative of the department.

(4) All sweet potatoes remaining in storage within one mile of an infestation after February 1 of the year following production must be treated.

(e) Treatment area. An area within one-half mile from the point of weevil detection at any locations or fields, including sweet potato fields, sweet potato packing, processing or storage facilities or urban areas is considered as a treatment area. Information on the treatment areas may be obtained from the Regulatory Programs Division, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.

(f) Bedding, production, and distribution of propagative sweet potatoes and slips in treatment areas.

(1) Propagative use of quarantined articles produced or handled in treatment areas is prohibited.

(2) Quarantined articles transported from free areas to treatment areas are subject to the treatment area restrictions.

(g) Destruction of quarantined articles.

(1) In addition to assessment of administrative penalties as provided in the Texas Agriculture Code, §12.020, violation of these rules may require destruction of quarantined articles.

(2) If the producer or handler of quarantined articles refuses to destroy the articles, the department shall destroy the quarantined articles and charge the costs of destruction to the producer or handler, in accordance with the Texas Agriculture Code, §71.009.

Source Note: The provisions of this §19.133 adopted to be effective September 2, 1996, 21 TexReg 7806; amended to be effective May 27, 1999, 24 TexReg 3845; amended to be effective February 27, 2000, 25 TexReg 1311; amended to be effective June 29, 2010, 35 TexReg 5523; amended to be effective November 14, 2010, 35 TexReg 9871