Section 19.618 - Restrictions on Production, Movement or Distribution of Articles Subject to the Quarantine(a) In addition to other restrictions that may apply: (1) In a quarantined area, any regulated article intended for interstate movement, distribution or sale shall conform to: (A) the requirements of RSA 301.76; and(B) those requirements of § RSA 19.622 of this subchapter (relating to Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone) that apply to all regulated articles intended for interstate movement; or(2) In a quarantined area, any regulated article intended for intrastate movement, distribution or sale: (A) shall not be moved, except as specified in this subchapter; and(B) shall conform to the requirements of § RSA 19.622 of this subchapter that apply to any regulated article produced or under production in the citrus zone, that is intended either for intrastate sale or for commercial or noncommercial distribution or movement.(3) Regulated articles seized pursuant to any department order shall either be:(A) held without further movement within or outside the quarantined area and treated with a department approved systemic pesticide (soil drench) labeled for the control of Asian citrus psyllid and for use on those plants, in accordance with that label, for the duration of the quarantine maintaining the plants free of Asian citrus psyllid; or(B) moved within the quarantined area under the conditions of a special permit or compliance agreement issued by the department; or(b) Transitory movement of regulated articles through a quarantined area shall be done only in a sealed, insect-proof container that shall not remain in the quarantined area beyond the time required for simple transit.(c) Movement of regulated articles into a quarantined area shall be conducted as follows. (1) Except as covered by subsection (b) of this section, movement of regulated articles into a quarantined area must be performed under a compliance agreement with the department.(2) Retail purchasers who take regulated articles purchased outside of a quarantined area directly to their home or business inside the quarantined area and permanently plant the regulated article promptly at that address are exempt from paragraph (1) of this subsection.(d) Propagation, sale or distribution of regulated articles. (1) Any person who propagates regulated articles in a quarantined area, other than for personal noncommercial use on the same property, or who sells, distributes or moves regulated articles, shall do so only under a special permit or a compliance agreement with the department.(2) Under a special permit or compliance agreement from the department, regulated articles may be moved intrastate out of a quarantined area, if the regulated articles are compliant with all production, treatment, recordkeeping and shipment requirements that apply to regulated articles intended for interstate movement, as provided in RSA 301.76 and in the "Interstate Movement of Citrus and other Rutaceous Plants For Planting From Areas Quarantined for Citrus Canker, Citrus Greening, or Asian Citrus Psyllid" as published by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS), Plant Protection and Quarantine. A copy of the requirements may be obtained by contacting the department's Valley Regional Office, 900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866.(e) Detached citrus fruit originating within a quarantined area may be moved outside the quarantined area provided the fruit is treated, harvested, transported and packed under the conditions outlined in the August 9, 2012, Federal Order (DA-2012-30) issued by the USDA-APHIS, Plant Protection and Quarantine, entitled "Quarantine for 'Candidatus Liberibacter asiaticus' Causal Agent of Citrus Greening (CG)".(f) To request a special permit, a compliance agreement, or a copy of applicable departmental or federal requirements, contact the department's Valley Regional Office, 900-B East Expressway 82, San Juan, Texas 78598, (956) 787-8866.4 Tex. Admin. Code § 19.618
The provisions of this §19.618 adopted to be effective February 9, 2013, 38 TexReg 491