4 TAC §19.133
The Texas Department of Agriculture (the department) proposes
amendments to §19.133, concerning the sweet potato weevil quarantine.
The amendments are proposed to prevent infestation of sweet potato weevil-free
areas, due to sweet potato weevil infestations detected in Van Zandt, Rains
and Wood counties. The amendments add specific treatment areas to §19.133
and restrictions on the production, handling and movement of quarantined articles.
These amendments, in a separate submission, have also been adopted by the
department on an emergency basis as published in the September 17, 1999 issue
of the
Texas Register
(24 TexReg 7333).
Treatment areas designated under §19.133(c), are based on the area's
distance from a point of weevil detection. In addition, the proposed amendments
prohibit the movement of quarantined articles from treatment areas into sweet
potato weevil-free areas and prohibit the production and handling of quarantined
articles in treatment areas, unless the grower or handler enters into a compliance
agreement with the department to implement prescribed treatment, crop production
and handling procedures. The amendments also place restrictions on the propagative
use of quarantined articles in the treatment areas and provide for destruction
of quarantined articles.
Dr. Awinash Bhatkar, coordinator for plant quality programs, has determined
that for the first five-year period the rule is in effect, there will be fiscal
implications for state government as a result of enforcing or administering
the rule. The department has received a state agency assistance grant for
the 1999-2001 biennium in the amount of $152,400 to provide cost-share funds
to sweet potato growers who have entered into compliance agreements to implement
a prescribed treatment program in infested areas, as required by the amendments.
There will be no fiscal implication for local government as a result of enforcing
or administering the rule.
Dr. Bhatkar also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to mitigate the risk of introduction of sweet potato weevil
from infested areas to sweet potato weevil-free counties of Texas. There will
be no anticipated costs to small or micro- businesses other than those sweet
potato operations owned and managed by individual sweet potato growers. The
costs to sweet potato growers in designated treatment areas, as a result of
enforcing or administering the rule as proposed, will be for the treatment
of infested acres and for costs of seed replacement. These costs will be offset
in part by the cost-share grant money for fiscal years 1999 and 2000, previously
referenced. The cost to growers for the remainder of the five-year period
will be an approximate cost of $11 per acre for treatment and $120 per acre
for seed replacement until the sweet potato weevil is eradicated.
Comments on the proposal may be submitted to Awinash Bhatkar, Coordinator
for Plant Quality Programs, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas, 78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the
Texas
Register
.
The amendments are proposed under the Texas Agriculture Code, §71.003,
which provides the Texas Department of Agriculture with the authority to establish
quarantines in areas surrounding pest free zones; § 71.007 which authorizes
the department to adopt rules as necessary to protect agricultural and horticultural
interests, including rules preventing the entry into a pest-free zone of any
plant, plant product, or substance found to be dangerous to the agricultural
and horticultural interests of the zone; and §12.020 which authorizes
the department to enforce administrative penalties.
The Texas Agriculture Code, Chapters 12 and 71 are affected by the proposal.
§19.133.Restrictions.
(a)
(No change.)
(b)
Exceptions.
(1)-(3)
(No change.)
(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)
[
(c)
] Bedding, Production, and Distribution
of Propogative 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 propogative 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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
December 14, 1999.
TRD-9908708
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: January 30, 2000
For further information, please call: (512) 463-4075