Section 21.42 - Violations and Penalties(a) Violations. In addition to any other violations that may arise under this chapter or subchapter, it is a violation for any person to: (1) Falsify, fail to maintain or fail to provide records, application information, or other documentation required by this subchapter.(2) Sell or offer to sell or to distribute citrus budwood falsely claiming that it is certified, or that it comes from a foundation block, or certified increase block.(3) Make false claims that citrus trees originated from certified budwood, designated foundation block, or certified increase block with the intention to sell, offer for sale, or distribute the citrus trees.(4) Use citrus budwood that is not certified to propagate certified citrus nursery trees.(5) Fail to maintain or provide records for inspection.(6) Fail to comply with any order issued or rule adopted by the department under this subchapter.(b) Penalties. (1) A stop-sale or seizure order may be issued to place a hold on a citrus tree when there is doubt as to the source of the tree until documentation is provided and verified, or if there are pests or diseases identified or suspected. If adequate documentation of source is not provided, the tree may be destroyed.(2) Any violation under this subchapter is subject to an administrative penalty as provided in the Texas Agriculture Code, § RSA 12.020. Penalty calculations shall be made using a penalty matrix developed by the department and published in the Texas Register.(3) Foundation block status, citrus increase block certification, budwood certification, citrus nursery stock certification, or nursery/floral certificate may be revoked by the department if it is determined that a violation of this subchapter has occurred or if procedures prescribed by the department are not implemented.(4) If the department proposes to revoke foundation block status, citrus budwood certification, or increase block certification under this subchapter, the owner is entitled to petition and hearing under the Texas Agriculture Code, § RSA 12.0202, and the proceedings shall be conducted as provided for contested cases by the Texas Administrative Procedures Act, Government Code, Chapter 2001, and Chapter 1 of this title (relating to General Procedures).4 Tex. Admin. Code § 21.42
Adopted by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9628, eff. 12/31/2015