Section 21.40 - Importing Out-of-State BudwoodBudwood of citrus varieties not existing in, or not available as certified budwood in Texas may be shipped into Texas, including into the citrus zone, from any state or from outside the United States provided the following conditions are met before the citrus budwood is allowed to enter Texas:
(1) The budwood shall be tested no more than 60 days prior to shipping to Texas using methods and facilities approved by the department. Such tests must produce negative results for all pests and diseases listed under § RSA 21.2 of this title (relating to Quarantined Pests and Diseases). Documentation of negative results of these tests must be included with the shipment;(2) The budwood shall be assigned by the department to a federal or state agency approved by the department for the purpose of conducting confirmation tests to determine if the budwood is free from all known viruses and infectious diseases at the time before it is released to the buyer;(3) A permit from the department shall be issued for all budwood from other states or countries, and together with a copy of the certificate required by paragraphs (5) and (6) of this section, shall be attached to the shipment;(4) Before any citrus budwood will be allowed to enter Texas from an area under a federal quarantine related to citrus or from outside the continental United States, it must meet the requirements of the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine. Such clearance certificate shall be approved by the department before the entrance of the budwood shipment into Texas; and(5) In addition to the requirements outlined in paragraphs (1), (2), and (3) of this section, shipments originating in a state other than Texas must be accompanied by a certificate from the origin state's department of agriculture specifying that the budwood is free of pests and diseases listed in § RSA 21.2 of this title. A copy of the certificate shall be sent to the department for approval and subsequent issuance of a permit before the shipment will be allowed into Texas.(6) Budwood originating from the California Citrus Clonal Protection Program (CCCPP), the Florida Department of Agriculture and Consumer Services (FDACS) Bureau of Citrus Budwood Registration, or the USDA-ARS National Clonal Germplasm Repository for Citrus and Dates (USDA-ARS-NCGR) are exempt from the requirements in paragraphs (1) and (2) of this section, but must be accompanied by a certificate from the CCCPP, FDACS, or the USDA-ARS-NCGR specifying that the budwood is free of pests and diseases listed in § RSA 21.2 of this title.4 Tex. Admin. Code § 21.40
The provisions of this §21.40 adopted to be effective July 26, 2006, 31 TexReg 5800; amended to be effective June 3, 2007, 32 TexReg 2836; amended to be effective September 13, 2009, 34 TexReg 6103; Amended by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9628, eff. 12/31/2015