<num value="4">TITLE 4</num><heading>AGRICULTURE</heading><part identifier="/us/state/tx/tac/t4/p1"><num value="1">PART 1</num><heading>TEXAS DEPARTMENT OF AGRICULTURE</heading><chapter identifier="/us/state/tx/tac/t4/p1/c1"><num value="1">CHAPTER 1</num><heading>GENERAL PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL RULES OF PRACTICE</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.1"><num value="1.1">§1.1</num><heading>Definitions</heading><content>The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative law judge--The commissioner or the commissioner's designee assigned to conduct a hearing on a matter before the department, or for cases referred to SOAH for the conducting of hearings in accordance with the joint memorandum of understanding found at Subchapter G, §1.310 of this chapter (relating to Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted By SOAH for TDA), a person employed by and assigned by SOAH to conduct a hearing on a matter before the department.(2) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001.(3) Applicant--Any person who applies for or is granted a license.(4) Code--The Texas Agriculture Code.(5) Commissioner--The commissioner of agriculture of the State of Texas or the commissioner's designee.(6) Complainant--Any party who has filed a complaint with the department against any party whose activities are subject to the jurisdiction of the department.(7) Contested case--Unless otherwise provided herein, the meaning given contested case in the APA, §2001.003.(8) Department--The Texas Department of Agriculture.(9) Deputy commissioner--The deputy commissioner of agriculture of the State of Texas, who is appointed under and acts pursuant to the Code, §11.007.(10) Intervenor--Any party in interest or other person with a justiciable or administratively cognizable interest in a pending proceeding before the department who petitions the commissioner for permission to be received as a party to such proceeding.(11) License--Unless otherwise provided herein, the meaning given license in the APA, §2001.003.(12) Licensing--Unless otherwise provided herein, the meaning given licensing in the APA, §2001.003.(13) Party--Unless otherwise provided herein, the meaning given party in the APA, §2001.003.(14) Party in interest--Any person who, in the determination of the administrative law judge, is actually and substantially interested in the subject matter of a proceeding before the department as distinguished from one who has only a nominal, formal, or technical interest in or connection with such proceeding.(15) Person--Unless otherwise provided herein, the meaning given person in the APA, §2001.003.(16) Petitioner--Any person who has by written petition applied for or sought an available remedy from the department.(17) Pleading--Any written petition, complaint, request for discovery, response to a request for discovery, protest, answer, motion, or other written instrument filed with the department, or if appropriate, with the State Office of Administrative Hearings.(18) Respondent--A person against whom any complaint or proceeding has been filed before the department.(19) Rule--Unless otherwise provided herein, the meaning given rule in the APA, §2001.003.(20) SOAH--The State Office of Administrative Hearings.(21) Texas Register--The official publication of the secretary of state's office created by the Texas Government Code, Chapter 2002.</content><note type="source"><p>Source Note: The provisions of this §1.1 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 24, 2012, 37 TexReg 4409; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.2"><num value="1.2">§1.2</num><heading>Purpose</heading><content>The purpose of these rules is to provide for standards of practice and procedure for actions by and before the department, thereby encouraging public participation and notice of department actions. Department proceedings shall be conducted in accordance with the APA and this subchapter. This subchapter does not apply to Food and Nutrition appeals.</content><note type="source"><p>Source Note: The provisions of this §1.2 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.3"><num value="1.3">§1.3</num><heading>Scope and Construction of Rules</heading><content>(a) These rules shall govern the procedure for the institution, conduct, and determination of proceedings before the department including hearings referred to SOAH. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, authority, or the substantive rights of any person or the department.(b) When references are made to the APA, the words "agency," "an agency," or "the agency" used therein shall be taken to mean the department. When references are made to the Texas Rules of Civil Procedure, or the Texas Rules of Evidence, the word "court" used therein shall be taken to mean the department, or where appropriate, SOAH, and the word "clerk" shall mean the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or where appropriate, SOAH. Any reference to provisions of the APA or rules shall mean the provision cited as currently in force or as it shall be hereafter amended.(c) Where there is a conflict between these rules and the joint memorandum of understanding between the department and SOAH found at 1.310 of this title (relating to the Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA), the joint memorandum of understanding shall control.(d) In the case of the application of these rules to a hearing conducted by SOAH where there is a conflict between these rules and the SOAH procedural rules found at Title 1, Part 7, Chapter 155, the SOAH rules shall control.</content><note type="source"><p>Source Note: The provisions of this §1.3 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective August 30, 2000, 25 TexReg 8375; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.4"><num value="1.4">§1.4</num><heading>Procedure for Petition for Adoption of Rules</heading><content>(a) Any interested person may petition the department for the adoption of a proposed rule pursuant to the APA, §2001.021. A petition must:(1) be in writing and request that a rule be adopted;(2) give a brief explanation of the proposed rule;(3) set out the precise text of the proposed rule;(4) give the reasons or policy for the proposed rule;(5) give the statutory or other authority for the proposed rule;(6) give applicable fiscal information concerning the rule's impact upon state and local governments, if adopted, separately stated for the first five years of the rule's operation;(7) give the public benefit to be expected from the proposed rule in the first five years of its operation;(8) give the probable economic cost to persons required to comply with the rule during the first five years of its operation;(9) contain the interested person's name, email address and telephone number;(10) be mailed to Texas Department of Agriculture, Attn: Commissioner of Agriculture, P.O. Box 12847, Austin, TX 78711, or delivered to the department's headquarters at 1700 N. Congress Ave, 11th Floor, Austin, TX 78701; and(11) be signed by the interested person and dated.(b) Within 60 days after the receipt of a petition for the adoption of a rule, the department shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with the APA, Subchapter B.</content><note type="source"><p>Source Note: The provisions of this §1.4 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.5"><num value="1.5">§1.5</num><heading>Filing and Service of Documents</heading><content>(a) All pleadings filed by any party relating to any contested proceeding pending or to be instituted before the department shall be filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, and if appropriate, SOAH. A pleading shall be deemed filed only when actually received.(b) A copy of any pleading filed by any party in any proceeding, subsequent to the institution thereof, shall be mailed or otherwise delivered by the party filing the same to every other party, or such party's attorney of record not less than five days before the time specified for the hearing.(c) Service of a document is complete upon deposit of the document in the mail, or with a commercial delivery service, addressed to the party or the party's attorney and sent to the party's last known address, or the attorney's last known address. The date of deposit as hereinabove provided is the date of the act, after which any designated period of time begins to run as provided in §1.6 of this chapter (relating to Computation and Enlargement of Time).(d) Service may also be accomplished by fax. Service by fax is complete when sent to the recipient's fax number. Service completed after 5:00 p.m. local time of the recipient shall be deemed served on the following day.(e) Service may also be accomplished by email. Service by email is complete when sent to the recipient's last known email address. Service completed after 5:00 p.m. local time of the recipient shall be deemed served on the following day.(f) The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the administrative law judge, striking the protest, reply, answer, motion, or other pleading from the record.(g) A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection: "I hereby certify that a copy of this (state name of pleading) was sent by (state manner of service) to each addressee listed below on ________________________. Signature."(h) If a document was sent to a party by the department by regular mail, certified mail, or registered mail, the document is presumed to have been received no later than five days after mailing.</content><note type="source"><p>Source Note: The provisions of this §1.5 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective August 30, 2000, 25 TexReg 8375; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.6"><num value="1.6">§1.6</num><heading>Computation and Enlargement of Time</heading><content>Unless otherwise provided by statute, time periods provided for in these rules shall be computed and enlarged as provided in the Texas Rules of Civil Procedure, Rules 4 and 5.</content><note type="source"><p>Source Note: The provisions of this §1.6 adopted to be effective January 18, 1991, 16 TexReg 113.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.7"><num value="1.7">§1.7</num><heading>Agreements Between Parties</heading><content>No agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceedings before the department shall be enforced unless it be in writing, signed and filed with the hearings clerk as part of the record of the case, or it be read into the record of the hearing. This rule does not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by this chapter, unless precluded by law.</content><note type="source"><p>Source Note: The provisions of this §1.7 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.9"><num value="1.9">§1.9</num><heading>Effect of Signing of Pleadings, Sanctions</heading><content>The signatures of parties, representatives, or attorneys shall constitute a certificate as provided in the Texas Rules of Civil Procedure, Rule 13, and sanctions may be imposed for violations of that rule as provided therein.</content><note type="source"><p>Source Note: The provisions of this §1.9 adopted to be effective January 18, 1991, 16 TexReg 113.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.10"><num value="1.10">§1.10</num><heading>Parties</heading><content>(a) Parties to proceedings before the department shall be classified as applicants, petitioners, complainants, respondents, or intervenors. Parties to a proceeding shall have the right to present a direct case, cross-examine all witnesses, file requests for discovery, make legal arguments, and otherwise fully participate as a party to the proceeding.(b) Regardless of errors as to the designation of parties in their pleadings, the parties shall be accorded their true status in a department proceeding.(c) Any party in interest may appear in any proceeding before the department at the administrative law judge's discretion. All appearances shall be subject to a motion to strike upon a showing that the party has no justiciable or administratively cognizable interest in the proceeding. A petition to intervene in a proceeding before the department will be denied if the inclusion of the intervenor in the proceeding would cause unjustifiable delay or substantially change the nature of the proceeding.(d) Any party may appear pro se, by a licensed attorney, or by authorized representative.(e) Any notice, order, decision, or other communication required by statute or otherwise to be directed at a party to a proceeding before the department may be served upon that party's attorney of record or authorized representative with equal effect. A party represented by more than one attorney or representative in a matter before the department may be required by the administrative law judge to designate a lead counsel or representative who shall have control in the management of the matter, but all attorneys or representatives for the party may take part in the proceeding in an orderly manner.(f) A person appearing in a representative capacity may be required to prove his authority.(g) Withdrawals of attorneys and representatives shall be governed by the provisions of the Texas Rules of Civil Procedure, Rule 10. A motion to withdraw must be served on parties no less than five days prior to the designated date that the matter is to be heard.</content><note type="source"><p>Source Note: The provisions of this §1.10 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.11"><num value="1.11">§1.11</num><heading>Pleadings</heading><content>(a) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are clear and permanently legible.(b) Pleadings shall state their object and shall contain a concise statement of the facts in support of the same, and shall be signed by the party, the party's attorney, or the party's authorized representative.(c) The original of every pleading shall be signed by the party filing it, or by such party's attorney or authorized representative.(d) All official forms, if any, for use in certain department proceedings are available upon request from the department. Such forms shall be printed when appropriate, under the supervision of the commissioner. All pleadings which are the subject of an official form shall contain the information, allegations, and other matter designated in such official form and shall conform substantially to the form thereof.(e) All pleadings for which no official form is prescribed shall contain:(1) the name, mailing address, telephone number, fax number and email address, if any, of the party seeking to bring about or prevent action by the department;(2) the names of all other known parties in interest;(3) a concise statement of the facts relied upon by the pleader;(4) a prayer stating the type of relief, action, or order desired by the pleader;(5) any other matter required by statute or otherwise; and(6) a certificate of service, as required by §1.5 of this chapter (relating to Filing and Service of Documents).(f) Any pleading filed pursuant to a proceeding before the department may be amended up to seven days prior to the hearing thereon if such amendment does not operate to surprise or otherwise prejudice another party to such proceeding or broaden the scope thereof. Amendments filed after such time may be allowed at the discretion of the administrative law judge.(g) Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the department.(h) Upon the filing of any pleading, the administrative law judge may examine the same and determine its sufficiency under these rules. If he or she finds that the pleading does not comply in all material respects with these sections, he or she shall return it to the person who filed it, along with his or her statement of the reasons for rejecting the same. The person who filed such pleading shall thereafter have the right to file a corrected pleading, provided that the filing of such corrected pleading shall not be permitted to delay any hearing unless the administrative law judge determines that such delay is necessary in order to prevent injustice or to protect the public interest and welfare.</content><note type="source"><p>Source Note: The provisions of this §1.11 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.12"><num value="1.12">§1.12</num><heading>Motions</heading><content>(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, in accordance with §1.5 of this chapter (relating to Filing and Service of Documents). If the movant desires an oral argument on the motion, the motion shall so state.(b) A reply to such motion may be filed by any other party to the proceeding. If the party filing a response to a motion desires an oral argument on the motion, the reply shall so state. A reply to a written motion shall be filed on the earlier of five days after receipt of the motion or on the date of the hearing.(c) If based upon matters which do not appear of record, the motion or reply shall be supported by affidavit.(d) When necessary in the judgment of the commissioner or the administrative law judge, a hearing may be held to consider any motion.(e) The administrative law judge may issue a written decision on a motion, state the decision on the record, or reserve ruling until after the hearing of the case. If a ruling on a motion is reserved until after the hearing of the case, the ruling shall be in writing and may be included in the proposal for decision or final order.</content><note type="source"><p>Source Note: The provisions of this §1.12 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.13"><num value="1.13">§1.13</num><heading>Docketing and Numbering of Cases; Notice of Hearing; Location of Hearings</heading><content>(a) Upon receipt of a pleading which is intended to institute a proceeding before the department and complies with this chapter as to form and content, the hearings clerk shall docket the same as a pending proceeding, number it in accordance with any established docket numbering system of the department, and assign an administrative law judge to the action. If the action is to be referred to SOAH for hearing, the action shall be referred to SOAH in accordance with the joint memorandum of understanding between the department and SOAH.(b) Upon the receipt of a request for setting of a hearing on a docketed case, the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, shall, in coordination with the administrative law judge, set a hearing date and prepare the notice of hearing. If the case has been referred to SOAH for hearing, the setting of the hearing and preparation and mailing of the notice of hearing shall be done in accordance with the joint memorandum of understanding between the department and SOAH available at Subchapter G, §1.310 of this chapter.(c) Except as provided in subsection (b) of this section, the notice of hearing shall be issued by the administrative law judge and served on parties as provided at §1.5 of this chapter (relating to Filing and Service of Documents).(d) The notice of hearing shall comply with the provisions of the APA, §2001.052.(e) Except upon a showing of good cause, all contested case hearings in which the department is a party shall be held in Austin. A party may request a change of location by sending a written request stating the reasons compelling such a change to the administrative law judge. Any such request shall conform with the requirements of these rules and shall be served upon parties in accordance with §1.5 of this chapter (relating to Filing and Service of Documents).</content><note type="source"><p>Source Note: The provisions of this §1.13 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.15"><num value="1.15">§1.15</num><heading>Prehearing Conference</heading><content>(a) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may direct the parties, their attorneys, or representatives to appear before the administrative law judge for a conference to consider any matter which may be considered under the Texas Rules of Civil Procedure, Rule 166, using the procedures set out therein.(b) The administrative law judge may order that the conference provided for in these rules be conducted by videoconference or telephone conference call.(c) The administrative law judge may order all or part of the prehearing conference to be recorded.(d) The administrative law judge may issue a prehearing order reciting the actions taken or to be taken with regard to any matter addressed at the prehearing conference. Any such order shall be made a part of the case record.</content><note type="source"><p>Source Note: The provisions of this §1.15 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.16"><num value="1.16">§1.16</num><heading>Consolidation or Separation of Matters</heading><content>Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174.</content><note type="source"><p>Source Note: The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 113.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.17"><num value="1.17">§1.17</num><heading>Motions for Extension of Time</heading><content>Motions for extension of time shall be in writing, filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or SOAH, and served on all parties no less than five days prior to the date that the matter is to be heard. Such motions must state the specific grounds upon which the movant seeks such action and reference all prior motions for extension of time filed in the proceeding. The movant shall include a statement that the other party or parties have been contacted and whether they oppose or agree to the motion for extension of time. The movant must also provide a list of suggested future dates for consideration by the administrative law judge. Except for good cause, failure to comply with the provisions of this section may be construed as lack of diligence on the part of the movant and may result in the denial of the motion or other requested relief with prejudice to refiling.</content><note type="source"><p>Source Note: The provisions of this §1.17 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.18"><num value="1.18">§1.18</num><heading>Administrative Law Judges</heading><content>(a) Every contested case hearing on an action before the department shall be conducted by an administrative law judge.(b) The administrative law judge presiding shall have the authority to do the following:(1) set hearing dates, times, and locations;(2) convene the hearing at the date, time, and location specified in the notice for such hearing;(3) establish the jurisdiction of the department concerning the matter under consideration;(4) rule on motions and on the admissibility of evidence and amendments to pleadings;(5) designate parties and establish the order for presentation of evidence;(6) administer oaths to all persons presenting testimony;(7) examine witnesses;(8) issue subpoenas when required to compel the attendance of witnesses, or the production of papers and documents relating to the hearing, if the administrative law judge is employed by the department;(9) commission and require the taking of depositions, if the administrative law judge is employed by the department;(10) ensure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing any rights of parties to the proceeding;(11) conduct hearings in an orderly manner in accordance with the Administrative Procedure Act and this chapter;(12) recess any hearing from time to and from place to place; and(13) exercise any other appropriate powers necessary or convenient to carry out his or her responsibilities.(c) The administrative law judge shall have the authority to conduct all or part of a hearing by videoconference or telephone conference as follows.(1) Upon motion of any party filed no less than five days before any scheduled hearing, the administrative law judge may order that the appearance of any party and/or the testimony of any witness shall be taken by videoconference or telephone. If the motion is filed less than five days before any scheduled hearing, it may be granted by the administrative law judge upon a showing of good cause.(2) The party requesting witness testimony by videoconference or telephone must provide the name(s) and contact information of the person(s) from whom testimony is desired. The administrative law judge may allow for the substitution of contact information at the hearing, upon request and the showing of good cause by the party requesting such substitution. In advance of the hearing, that party shall also provide the witness(es) and other parties with true and correct copies of any exhibits to be offered by that party or that party's witness(es) or from which question(s) will be elicited.(3) The party requesting the videoconference or telephone conference shall bear the costs of the conference call incurred for presenting that party's witnesses and/or case.(d) In the case of a party's failure to comply with a subpoena or commission to take deposition issued by an administrative law judge employed by the department, the party requesting the subpoena or commission may seek enforcement thereof pursuant to the APA, §2001.201.(e) Upon finding that a party has failed to comply with an administrative law judge's order or that a party has abused orders compelling discovery entered pursuant to the APA or these rules, the administrative law judge may impose sanctions for such noncompliance or abuse in making, seeking, or resisting discovery. Sanctions may include, but are not limited to, the following:(1) recessing or continuing the hearing;(2) denying the noncompliant person the right to participate in the hearing for a period of time or prescribing conditions for the person's participation;(3) disallowing any further discovery of a particular kind or of any kind by the noncompliant party (except for discovery, if any, authorized by law over which the administrative law judge has no discretion);(4) disallowing, in part or whole, the noncompliant party's presentation of evidence or examination of witnesses on issues that were the subject of the discovery request;(5) ruling that particular facts shall be regarded as established for the purposes of the proceeding in accordance with the claim of the party that obtained the discovery ruling or other relevant order;(6) disallowing written or documentary evidence to be presented that was not exchanged by a deadline for exchange of such evidence pursuant to §1.15 of this chapter (relating to Prehearing Conference);(7) disallowing the testimony of witnesses who were not listed by a deadline established for listing potential witnesses pursuant to §1.15 of this chapter (relating to Prehearing Conference);(8) dismissing the case without prejudice; and(9) assessing costs against the noncompliant party as provided in the Texas Rules of Civil Procedure.(f) If an administrative law judge employed by the department fails to complete an assigned case before a proposal for decision or final order is rendered, the General Counsel may appoint a substitute administrative law judge to complete the assigned case without the necessity of duplicating any duty or function performed by the previous administrative law judge. The substitute administrative law judge shall review the existing record and need not repeat previous proceedings, but may conduct future proceedings as are necessary and proper to conclude the hearing and render a proposal for decision or final order.</content><note type="source"><p>Source Note: The provisions of this §1.18 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.19"><num value="1.19">§1.19</num><heading>Reporters and Transcript</heading><content>(a) All contested case hearings shall be recorded by electronic means. Upon request, and payment of the required fees, any person may be provided a copy of this recording.(b) Upon written request by any party, a transcript of the hearing shall be made. The cost of the preparation of such transcript shall be borne by the requesting party. The transcript shall be filed with the administrative law judge and made part of the record of the case. Parties may purchase copies of a transcript upon payment of applicable charges.(c) Errors claimed in any transcription shall be noted in writing and suggested corrections may be offered within 10 days after the transcript is filed with the administrative law judge. Such time for suggested corrections may be extended by the administrative law judge. Suggested corrections shall be served in writing upon each party of record and upon the administrative law judge. If not objected to within 10 days after being offered, the administrative law judge shall direct that such suggested corrections be made and shall stipulate the manner of making such corrections. In the event that parties disagree on suggested corrections, the administrative law judge, with the aid of argument and testimony from the parties, shall then determine the manner in which the record shall be changed.(d) In addition to preparation of a transcript upon the request of a party, transcripts shall be prepared when a final order is appealed to district court. The party appealing the final order to district court shall pay all or a part of the cost of preparation of the transcript of the hearing.(e) A party may elect to preserve the proceedings by stenographic or electronic means, or by use of a certified shorthand reporter. Such record may be designated as the official record by the chief administrative law judge upon notice to parties and opportunity to request a hearing. The cost of such record shall be borne by the party requesting the same.(f) Any party wishing to record a contested case hearing independently shall file a motion requesting permission no later than five days before the hearing. The administrative law judge shall grant, deny, or prescribe conditions governing such recordings as justice and hearings decorum may require.(g) Nothing in this section shall be construed so as to limit the authority of the administrative law judge to control the orderly conduct and decorum of the hearing.</content><note type="source"><p>Source Note: The provisions of this §1.19 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.20"><num value="1.20">§1.20</num><heading>Rules of Evidence</heading><content>In addition to any other rules of evidence provided for in the APA, Subchapter D, the following rules will apply to proceedings before the department.(1) General rules. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasonably susceptible to proof under those rules, evidence not admissible under them may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. The rules of privilege recognized by law shall be effective in department proceedings. Objections to evidentiary offers may be made and shall be noted in the record. No evidence shall be admissible in a proceeding if it is beyond the scope of the notice or amended pleadings of such proceeding.(2) Representative documents. When a large number of similar documents is offered, the administrative law judge may limit those admitted to a number which are typical and representative, and may require the abstracting of the relevant data from the documents and the presentation of the abstracts in the form of an exhibit; however, before making this requirement, the administrative law judge shall see that all parties of record or their representatives are given an opportunity to examine the documents from which the abstracts are made.(3) Prepared testimony. The prepared testimony of a witness upon direct examination may be incorporated in the record as if read or received as an exhibit, upon the witness' being sworn and identifying same. Copies of the testimony shall be given to all parties to the proceeding. The witness identifying the testimony shall be subject to cross-examination, and the testimony shall be subject to a motion to strike in whole or in part.(4) Offer of proof. When testimony is excluded by ruling of the administrative law judge, the party offering such testimony shall be permitted to make an offer of proof by dictating it into the record or submitting the substance of the proposed testimony in writing, prior to the conclusion of the hearing, and such offer of proof shall be sufficient to preserve the point. The administrative law judge may ask such questions of the witness as he or she deems necessary to satisfy himself or herself that the witness would testify as represented in the offer of proof. An alleged error in sustaining an objection to questions asked on cross-examination may be preserved without making an offer of proof.(5) Uncontested proceedings. In any uncontested proceeding, the administrative law judge shall receive, without regard to the rules of evidence, any evidence of a form and character which would ordinarily be relied upon by prudent people in the conduct of their affairs (unless precluded by statute), including, without limitation, affidavits, documents, and other forms of hearsay testimony determined by the administrative law judge to be relevant.(6) Official notice. The administrative law judge may take official notice of judicially cognizable facts and of generally recognized facts within an area of the department's specialized knowledge or expertise, and the special skills or knowledge of the department and its staff may be utilized in evaluating the evidence. Parties shall be notified of the material noticed, including any staff memoranda or data, and shall be afforded an opportunity to contest the material so noticed.(7) Exclusion of witnesses.(A) Upon request by any party, the administrative law judge shall exclude witnesses other than parties from the hearing room, except when testifying.(B) The administrative law judge may order the witnesses, parties, attorneys, and all other persons present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.(C) A party that is not a natural person may designate an individual to remain in the hearings room, even though the individual may be a witness.</content><note type="source"><p>Source Note: The provisions of this §1.20 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.21"><num value="1.21">§1.21</num><heading>Conduct and Decorum</heading><content>(a) Every party, witness, attorney, or other representative shall comport himself in all department proceedings with dignity, courtesy, and respect for the department, the administrative law judge, and all other parties and participants. Attorneys shall observe and practice the standards of ethical behavior prescribed for the profession by the Texas Disciplinary Rules of Professional Conduct.(b) Upon violation of subsection (a) of this section, any party, witness, attorney, or other representative may be excluded by the administrative law judge from any hearing for such period and upon such conditions as are just, or may be subject to such other just, reasonable, and lawful disciplinary action as the administrative law judge may prescribe.</content><note type="source"><p>Source Note: The provisions of this §1.21 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.23"><num value="1.23">§1.23</num><heading>Subpoenas, Depositions, and Orders To Produce</heading><content>(a) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner or an administrative law judge employed by the department as provided by the APA, §2001.089.(b) Depositions.(1) Issuance of commissions. Upon the request of a party to a contested case and the deposit of the appropriate fees, a commission to take a deposition shall be issued by the commissioner or an administrative law judge employed by the department, as provided by the APA, §2001.094. A commission may be issued for the taking of an oral deposition or a deposition by written questions.(2) Requesting a deposition by written questions. A copy of the written questions must be attached and filed with the request for taking of a deposition by written questions.(c) Order to produce. Upon the filing of a motion to produce in accordance with the APA, §2001.091, the commissioner, the general counsel, or the administrative law judge may issue an order requiring the production of the requested items.</content><note type="source"><p>Source Note: The provisions of this §1.23 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.24"><num value="1.24">§1.24</num><heading>Witness Fees</heading><content>(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation:(1) mileage in the same amount per mile as the mileage travel allowance for state employees traveling on state business. Mileage is to be reimbursed for travel to and returning from the place of the hearing or deposition, provided the place is more than 25 miles from the person's place of residence; and(2) a per day witness fee of not more $20 for each day or part of a day the person is necessarily present as a witness or a deponent.(b) Mileage and fees to which a witness is entitled under this section shall be paid by the party at whose request the witness appears or the deposition is taken, upon presentation of proper documents sworn by the witness and approved by the department.(c) Payment or reimbursement to witnesses under this section shall be made in accordance with the requirements of the APA, §2001.103.(d) The amount of compensation offered or accepted by a witness for their appearance at a hearing or proceeding covered by this subchapter must be disclosed if requested through discovery or during cross-examination.(e) Nothing in this section shall be construed as prohibiting payment of reasonable compensation to a witness who voluntarily appears at the request of a party.</content><note type="source"><p>Source Note: The provisions of this §1.24 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.25"><num value="1.25">§1.25</num><heading>Filing of Exceptions, Briefs, and Replies</heading><content>(a) After the record of a hearing has closed, the administrative law judge shall issue a proposal for decision, stating findings of fact, conclusions of law and making a recommendation to the commissioner on the case, or issue a final order, if authorized.(b) For cases heard by an administrative law judge employed by the department, the proposal shall be issued within 30 working days from the date that the record of the case is closed. If the administrative law judge is unable to submit the proposal within the 30 days, the administrative law judge shall request an extension from the lead deputy general counsel. Neither the administrative law judge's failure to request an extension, the lead deputy general counsel's failure to grant the requested extension, nor the administrative law judge's failure to submit the proposal within the 30-day extended period shall in any way affect the validity of the proposal for decision or the commissioner's jurisdiction, consideration, or action relative to the proposal for decision.(c) Any party may, within 15 days after the date of service of such proposal, file exceptions and briefs to the proposal with the hearings clerk. Replies to such exceptions and briefs may be filed with the hearings clerk within 15 days after the date for filing of such exceptions and briefs. Notwithstanding any provision of these rules to the contrary, for purposes of this section, the term "filed" means actually received by the hearings clerk. Any exceptions, briefs, or replies filed shall be served on parties in accordance with §1.5 of this chapter (relating to Filing and Service of Documents). A request for extension of time to file exceptions, briefs, or replies shall be filed with the hearings clerk and served on all other parties in accordance with §1.5 of this chapter (relating to Filing and Service of Documents). The administrative law judge shall promptly notify the parties of the ruling on any request for extension and shall allow additional time only in extraordinary circumstances where the interests of justice so require. A party may submit, and at the request of the administrative law judge shall submit, proposed findings of fact to be considered by the administrative law judge in the preparation of the proposal for decision.(d) The points involved in such exceptions, briefs, and replies shall be concisely stated. The evidence in support of each point shall be abstracted or summarized, and/or briefly stated in the form of proposed findings of fact. Complete citations to the page number of the record or exhibit referring to evidence shall be made. The specific purpose for which the evidence is relied upon shall be stated. The argument and authorities shall be organized and directed to each point properly proposed as a finding of fact in a concise and logical manner. Briefs shall contain a table of contents and authorities. Briefs, prior to the issuance of a proposal for decision, may be filed only when requested or permitted by the administrative law judge.(e) The administrative law judge may amend the proposal for decision pursuant to exceptions, replies, or briefs submitted by the parties without the proposal for decision again being served on the parties.(f) The failure of a party to properly serve copies of any exceptions and/or briefs filed in accordance with this section may result in withholding of consideration of the exceptions and/or briefs by the administrative law judge.(g) Upon the expiration of the time for filing exceptions or replies to exceptions, or after such exceptions and replies have been filed and considered, the administrative law judge's proposal for decision shall be considered by the commissioner, who shall render a decision and issue an order.(h) In cases where the administrative law judge is authorized to issue a final order, the order will become final upon the expiration of the time for filing exceptions or replies to exceptions, or after such exceptions and replies have been filed and considered.</content><note type="source"><p>Source Note: The provisions of this §1.25 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.26"><num value="1.26">§1.26</num><heading>Decisions and Orders</heading><content>(a) A final decision or order in a contested case shall comport with all of the requirements of the APA, §2001.141, and shall be served on parties in accordance with the APA, §2001.142.(b) A final decision or order issued in a contested case shall be issued within 60 days from the last date for filing of exceptions and replies to exceptions to the administrative law judge's proposal for decision unless the administrative law judge at the conclusion of the hearing specifies a longer period of time within which the order may be issued.(c) A final order in an uncontested matter shall include all information required by any applicable law and or rules, and shall be issued as soon as is practical after the receipt of all required documentation.</content><note type="source"><p>Source Note: The provisions of this §1.26 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.27"><num value="1.27">§1.27</num><heading>Rules of Civil Procedure</heading><content>Unless otherwise provided for in the APA or this chapter, the Texas Rules of Civil Procedure may be applied to govern procedural matters in proceedings before the department where, in the determination of the administrative law judge, such rules are practicable.</content><note type="source"><p>Source Note: The provisions of this §1.27 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.30"><num value="1.30">§1.30</num><heading>Default Provisions</heading><content>(a) If a respondent fails to appear in person or by legal representative on the day and at the time set for hearing, the administrative law judge must, upon motion by the department's representative supported by proof the requirements of subsection (b) of this section have been met, enter a default judgment adverse to the respondent in which the allegations in the notice of hearing are deemed admitted as true without any requirement for additional proof.(b) A default judgment granted under this section will be entered upon the proof of proper notice to the defaulting party. For the purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code, §§2001.051, 2001.052, and 2001.054, and this section; such notice also shall include the following language in capital letters in at least 12-point boldface type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU AS CONTAINED IN THIS NOTICE BEING ADMITTED AS TRUE, REGARDLESS WHETHER ADDITIONAL PROOF IS SUBMITTED.</content><note type="source"><p>Source Note: The provisions of this §1.30 adopted to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.41"><num value="1.41">§1.41</num><heading>Private Real Property Rights Affected by Governmental Action</heading><content>(a) Purpose. The purpose of this section is to establish procedures whereby the department determines if private real property rights are affected by governmental action taken by the department or the commissioner of agriculture.(b) Categorical Determination. Categorical determinations that no private real property interests are affected by the proposed governmental action obviates need for further compliance with the Private Real Property Preservation Act, Government Code, Chapter 2007 (Chapter 2007). The following activities and programs, and policies or regulations promulgated to implement them, do not affect private real property interests:(1) Activities related to personnel management;(2) Activities related to purchase of goods and services;(3) Activities related to the general administrative practice and procedures of the department;(4) Requirements or activities relating to the implementation of the department's promotional marketing or financial assistance programs;(5) Requirements related to hearings and appeals;(6) Activities related to the issuance of licenses as part of the department's farmers market certification program;(7) Activities related to the department's operation of its livestock export facilities;(8) Activities related to the implementation of the department's grant programs; and(9) Activities related to the implementation of the following department regulatory programs:(A) Agri-Systems Program, including organic certification, and plant quality programs;(B) Cooperative Inspection Program conducted jointly with United States Department of Agriculture for the inspection of fresh fruits, vegetables, nuts and peanuts;(C) Commodity Programs including the Agricultural Protective Act, Cooperative Marketing Association, Commodity Warehouse, Egg Quality, and Piece Rate programs;(D) Weights and Measures programs including the Public Weigher program;(E) Seed programs including the Seed Quality, Seed and Plant Certification and Seed Arbitration programs; and(F) Pesticide programs including the Pesticide Applicator Licensing and Pesticide Product Registration programs, Worker Protection program, Certification and Training program, and Risk Assessment, Toxicology and Endangered Species programs.(c) Guide for Evaluating Proposed Governmental Actions. The following governmental actions are covered under Chapter 2007:(1) actions involving adoption or issuance of an ordinance, rule, regulatory requirement, resolution, policy, guideline, or similar measure;(2) actions imposing a physical invasion or requiring a dedication or exaction of private real property;(3) action that involves the enforcement of an action listed in paragraphs (1) and (2) of this subsection, whether the enforcement of the action is accomplished through the use of permitting, citations, orders, judicial, or quasi-judicial proceedings, or other similar means.(d) Making a No Private Real Property Impact (No PRPI) Determination. If it is determined that there are no private real property interests impacted by a specific governmental action, the need for any further compliance with Chapter 2007 is obviated.(1) A No PRPI determination is determined by answering the following question: Does the covered governmental action result in a burden on private real property as that term is defined in Chapter 2007?(2) Whether the governmental action results in a burden on private real property is determined by the answers to the following questions.(A) Will the action involve a physical seizure or occupation of private real property?(B) Will the action involve a regulation of private real property or of activities occurring on private real property?(C) Will the action deny a fundamental right of ownership? That is, will it diminish or destroy the right of a private property owner to exclude others from the property, to possess it, or dispose of it?(D) Will the value of private real property that is the subject of the action be reduced by 25% or more as a result of the action?(E) Will the action deprive the owner of all economically viable uses of the property?(3) If the answer to each of the questions posed in subparagraphs (2)(A)-(E) of this subsection is NO, there is a No PRPI determination, and no further action pursuant to Chapter 2007 is needed for the action. If the answer to any of the questions posed is YES, a Taking Impact Assessment is required.(e) Taking Impact Assessment (TIA).(1) Prior to Completion of TIA. Before a TIA is completed, it should be determined by the procedure established by subsections (b)-(c) of this section that:(A) the contemplated governmental action does not fall within the categorical determinations for which no TIA is required;(B) the contemplated governmental action does not fall within the exceptions to Chapter 2007; and(C) there may be an impact on private real property interests.(2) Elements of the TIA. The specific elements that must be evaluated when proposing to undertake a governmental action that requires a TIA include the following:(A) the specific purpose of the proposed action and whether and how the proposed action substantially advances its stated purpose; and(B) the burdens imposed on private real property; and(C) the benefits to society resulting from the proposed use of private real property; and(D) reasonable alternative actions that could accomplish the specified purpose, including a comparison, evaluation, or explanation of the following:(i) how an alternative action would further the specified purpose; and(ii) whether an alternative action would constitute a taking; and(E) whether engaging in the proposed governmental action will constitute a "taking" as determined by answering the following questions.(i) Is there a "taking" under the United States Constitution?(ii) Is there a "taking" under the Texas Constitution?(iii) Is there a "taking" under Chapter 2007 (25% diminution in value or property subject of the governmental action)?(f) A TIA prepared under this section is public information.</content><note type="source"><p>Source Note: The provisions of this §1.41 adopted to be effective November 25, 1999, 24 TexReg 10317; amended to be effective December 8, 2022, 47 TexReg 8039.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.49"><num value="1.49">§1.49</num><heading>Suspension of Rules</heading><content>In any case in which a public emergency or imperative public necessity so requires, the department may suspend the operation of these rules.</content><note type="source"><p>Source Note: The provisions of this §1.49 adopted to be effective December 30, 1994, 19 TexReg 9993.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scA/s1.50"><num value="1.50">§1.50</num><heading>Effect of Invalidity of a Rule</heading><content>If any provision of any rule contained in this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this end the provisions of any rule are severable.</content><note type="source"><p>Source Note: The provisions of this §1.50 adopted to be effective December 30, 1994, 19 TexReg 9993.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scB"><num value="B">SUBCHAPTER B</num><heading>COLLECTION OF DEBTS</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scB/s1.51"><num value="1.51">§1.51</num><heading>Administrative Procedures</heading><content>The commissioner of agriculture (the commissioner) or any person designated by the commissioner shall develop procedures and guidelines for determining obligations owed to the department and the appropriate means of collecting such debts.</content><note type="source"><p>Source Note: The provisions of this §1.51 adopted to be effective August 3, 1993, 18 TexReg 4747.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scB/s1.52"><num value="1.52">§1.52</num><heading>Demand Letters</heading><content>(a) The division responsible for determining an obligation is owed the department shall cause a demand letter to be sent no later than 30 days after the obligation becomes delinquent. A notation shall be made that a copy is being sent to the attorney general who may file a lawsuit on the account.(b) Demand letters should be mailed in envelopes bearing the notation "address correction requested" and shall comply with applicable requirements for address verification in 39 Code of Federal Regulations §265(d). If an address correction is provided by the United States Postal Service, the demand letter should be sent to the corrected address prior to being referred to the attorney general for collection.(c) This section shall not apply to the collection of debts or overpayments arising out of the Child and Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service Program (SFSP), 7 CFR Part 225. CACFP collection procedures are set forth in 7 CFR §226.14. SFSP collection procedures are set forth in 7 CFR §225.12.</content><note type="source"><p>Source Note: The provisions of this §1.52 adopted to be effective August 3, 1993, 18 TexReg 4747; amended to be effective June 24, 2012, 37 TexReg 4409; amended to be effective December 21, 2015, 40 TexReg9114.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scB/s1.53"><num value="1.53">§1.53</num><heading>Referrals of Matters to the Office of the Attorney General for Collection</heading><content>(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply to the collection of debts or overpayments arising out of the Child and Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service Program (SFSP), 7 CFR Part 225.(b) Generally, the department will not refer collection matters in which the amount to be collected would be less than the total sum of expense to the department and the attorney general for travel, employee time, court costs, and other relevant expenses. The commissioner or the chief legal officer may from time to time establish a minimum dollar amount for obligations to be referred for collection.(c) The department may, for policy reasons or other good cause, determine that a matter should be referred to the attorney general even if the amount to be recovered does not exceed the minimum established pursuant to this rule.(d) In making a determination of whether to refer a matter to the attorney general, the department shall consider:(1) the expense of further collection procedures;(2) the size of the debt;(3) the existence of any security;(4) the possibility of collection or satisfaction of the debt through other means;(5) the likelihood of collection;(6) any obligation of the Department to attempt to recover a debt that is imposed by federal law, contract or other agreement; and(7) any other relevant factors established by the department's procedures for collection of debts.(e) Prior to referring a matter to the attorney general, the department shall:(1) verify the debtor's address and telephone number;(2) conclude that the obligation is not uncollectible; and(3) transmit no more than two demand letters to the debtor at the debtor's verified address, except as required for the collection of debts or overpayments arising out of the CACFP, 7 CFR Part 226, or the SFSP, 7 CFR Part 225.</content><note type="source"><p>Source Note: The provisions of this §1.53 adopted to be effective August 3, 1993, 18 TexReg 4747; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective June 24, 2012, 37 TexReg 4409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scB/s1.54"><num value="1.54">§1.54</num><heading>Records</heading><content>The department will maintain records identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's place of business and/or residence, if available. Such records should also contain collection histories on each debtor showing, where applicable, attempted contacts with the debtor, efforts to locate the debtor, efforts to locate assets of the debtor and the results of such efforts, state warrants that may be issued to the debtor, and any other information considered to be relevant by the department.</content><note type="source"><p>Source Note: The provisions of this §1.54 adopted to be effective August 3, 1993, 18 TexReg 4747.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scB/s1.55"><num value="1.55">§1.55</num><heading>Exceptions</heading><content>For good cause, the commissioner may make exceptions to the procedures in §§1.51-1.54 of this title (relating to Collection of Debts).</content><note type="source"><p>Source Note: The provisions of this §1.55 adopted to be effective August 3, 1993, 18 TexReg 4747.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scB/s1.56"><num value="1.56">§1.56</num><heading>Waiver of Fees</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Business day--Any day during which the United States Post Office or during which the department is open for business for any portion of the day, through the close of business on each such day.(2) Code--The Texas Agriculture Code.(3) Confirmed--Obtained from department records or from documented information acquired through oral or written communication between the department and the person owing the fee or that person's authorized agent or representative.(4) Good cause--any reason listed in subsection (c)(2) of this section or a credible written certification from an authorized agent or representative of an entity listed in subsection (c)(1) of this section stating that the entity did not know that it qualified for a waiver due to a change in personnel responsible for managing licensed activities or due to other circumstances demonstrating an innocent mistake.(5) Invoice period--From the invoice date printed on the invoice to the date the invoiced payment is due, inclusive.(6) License--The whole or a part of any department permit, certificate, approval, registration, or similar form of permission required by law.(7) Renewal period--From the date a renewal notice is sent to the date of expiration of the license to which the renewal notice refers, inclusive.(8) Responsible assistant commissioner--The assistant commissioner in charge of the Austin headquarters division that administers and establishes policy for the regulatory, marketing, licensing inspection, or other program for which waiver of a license, inspection, or other fee is requested.(9) Send--Place in a United States Postal Service mail receptacle, place into the control of an employee of the U.S. Postal Service, transmit by facsimile machine, or place in the department's electronic mail queue for transmittal.(b) Notice that fee is due.(1) Notice that a fee is due shall be in writing and may be made by facsimile, electronic mail, regular mail service by the United States Post Office, hand-delivery, or any other written means.(2) A mailed notice may be directed to the last known physical address, electronic mail address, or facsimile number of the person owing the fee, as shown on department records.(3) A hand-delivered or other written notice may be served on any employee or agent who exercises executive or managerial responsibilities on behalf of the person owing the fee.(c) Circumstances under which a fee may be waived.(1) Fees will be waived when required by a state or federal statute, the United States Constitution, the Texas Constitution, a state or federal court order from a court of competent jurisdiction, or in accordance with the provisions of this section. When waiver of a fee is not required by law, failure to collect the fee can have negative financial consequences for the state, this agency, and the people we serve. Accordingly, the provisions of this section shall be strictly construed and implemented to disfavor the waiver of fees.(2) As authorized by section 12.034 of the Texas Agriculture Code (the Code), the department may waive the following fees when the circumstances and documentation listed below are shown to exist in accordance with the provisions of this section:(A) License Fees. License fees are generally required for legislatively mandated cost recovery purposes and will not be waived except for the following entities which file their request for fee waiver by the deadline specified in subsection (e) of this section, or have good cause for failing to file their request by that deadline, and who would otherwise have timely met the requirements for the original license or renewal thereof. The responsible assistant commissioner shall make any necessary determination regarding the existence of good cause under this paragraph. Reference to an agency, school, organization, or other artificial entity below includes only the entity. Individual employees or agents of a listed entity are not eligible for a fee waiver, regardless whether the license is for personal use or use in service to the entity.(i) another state agency;(ii) local governmental entity;(iii) a private or public primary or secondary school that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the school;(iv) a state-funded college or university that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the college or university;(v) a student organization operated by, through, or under an entity described by clause (iii) or (iv) of this subparagraph that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the organization;(vi) a parent-teacher association operated by, through, or under an entity described by clause (iii) or (iv) of this subparagraph that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the association; or(vii) a department employee, if the employee's supervisor requires or recommends that the license be obtained.(B) Additional Fee for Late Payment of License Renewal Fees (Section 12.024 of the Code).(i) Incapacity from serious illness or injury. Person owing the fee was incapacitated (unable to address renewal or invoice matters) due to serious illness or injury during most or all of the renewal period or invoice period as evidenced by medical records or a letter from and signed by a treating physician. The responsible assistant commissioner shall determine whether a particular illness or injury qualifies as serious and whether such injury or illness rendered the person incapacitated.(ii) Fatal or life-threatening illness or injury. A member of the immediate family of the person owing the fee experienced a fatal or life-threatening illness or injury during the renewal period or invoice period, as evidenced by medical records or a letter from and signed by a treating physician. The responsible assistant commissioner shall evaluate any submitted medical records or treating-physician letter to determine whether a particular illness or injury qualifies as fatal or life-threatening, as well as whether a particular individual qualifies as a member of the immediate family of the person owing the fee;(iii) Catastrophic loss to business property. Person owing the fee suffered a catastrophic loss to a significant amount of property (either real property or inventory), used for the activities for which the fee is due, as the result of circumstances beyond the control of the person and the person's agent or representative during the twelve-month period preceding the date the renewal or other payment was due, as evidenced by official loss appraisals, pictures authenticated by affidavit, or other similar records. Weather related damages to property, such as from tornado, windstorm, hurricane, lightning, or flood are hereby deemed beyond the control of the person owing the fee. Any necessary determination regarding the factual evidence of loss, whether the circumstances were beyond the control of the person owing the fee and that person's agent or representative, unless otherwise deemed under this clause as beyond the person's control, and whether the financial hardship resulting from the loss warrants approving a waiver, shall be made by the responsible assistant commissioner.(iv) Alleged failure to timely receive renewal notice. Department records show that the renewal notice was not sent by the department to the last known address according to department records (unless those records contain an obvious significant typographical error by the department that could reasonably have resulted in misdelivery of the notice) of the person in whose name the license was issued, on or before the 30th day prior to expiration of the license that was the subject of the renewal notice.(I) The requester must attach to the request any documentation confirming the then-current (at the time of the request for waiver of the fee) mailing address of the person in whose name the license was issued.(II) Waiver of a late fee will not be granted under this clause if the licensee has failed to comply with a statute or department rule requiring the person to notify the department of a change of address and use of the previous address appears to be the primary cause for the failure to timely receive the notice.(III) Section 12.024(f) of the Code directs the department to send a renewal notice on or before the 30th day prior to expiration of a license. Section 12.024(f) does not require or direct that a renewal notice be received by the licensee on or before the 30th day prior to expiration of the license. The department considers the wording of Section 12.024(f) precatory in nature and nothing in that provision shall be construed to require waiver of a late fee solely because the renewal notice was not sent to or received by the requester on or before the 30th day prior to expiration of the license that was the subject of the renewal notice.(IV) The responsible assistant commissioner will decide on a case-by-case basis whether an alleged failure to send the renewal notice on or before the 30th day prior to expiration significantly impaired the licensee's ability to timely renew. The responsible assistant commissioner shall take into account the requirements for renewal for the particular license, the amount of time past the 30th day (prior to expiration) that the renewal notice was actually sent, if this can be determined, and any other circumstances relevant to the licensee's ability to comply by the renewal deadline in light of the alleged late mailing.(V) Absent a postmark or information within the department's records showing otherwise, for purposes of applying this clause a renewal notice is conclusively presumed to have been sent on or before the 30th day prior to expiration of the license that was the subject of the renewal notice.(v) Entities that ordinarily qualify for waiver of licensing fee. The entity is listed in subsection (c)(2)(A) of this subsection and is subject to a renewal fee due to the entity's failure to timely file for a waiver, show good cause for failing to timely file for a waiver, or timely meet the renewal requirements for their license.(vi) Other justifiable reasons. Any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The department may, by written notice published in the In Addition section of the Texas Register, prospectively or retroactively waive late fees for an entire class of licensees if, due to malfunctions in the renewal generation process, a class of license renewals are mailed less than 30 days prior to the normal expiration date for that class of licenses or under other circumstances as deemed necessary for the just and fair treatment of an entire class of licensees. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee.(C) Inspection Fees. Inspection fees are generally required for legislatively mandated cost recovery purposes and will not be waived except for extraordinary reasons. Unless another controlling law prohibits waiver, these fees may be waived for any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee.(D) Other Fees. Unless waiver is prohibited by another controlling law, other fees may be waived for any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee.(d) Procedure to request a waiver of a fee.(1) A separate request for waiver of a fee or fees must be filed for each period for which the fee or fees are due.(2) To qualify for a fee waiver, the person owing the fee or that person's authorized representative or agent must file with the department a written request, that the fee be waived, by the deadline specified in subsection (e) of this section.(A) The request must be signed by the person or the person's authorized representative or agent, which may be the person's supervisor, manager, responsible executive officer, or other legal representative.(B) A request from a governmental entity must be filed on the letterhead of the governmental entity.(C) The department recommends that the request be sent by certified mail, return receipt requested, or any other method that will provide proof of delivery.(3) Except as otherwise provided in this subsection regarding letterhead requirements, the request must be filed on a department Request to Waive Fee Form, or other written communication that contains all of the following information for each fee for which a waiver is requested:(A) the name, address, and phone number of the person owing the fee;(B) the client and account numbers of the person owing the fee, if any;(C) if requested by the authorized agent or representative of the person owing the fee, the agent's or representative's name, title, and phone number and a statement certifying that the agent or representative is authorized to act on behalf of the person owing the fee;(D) a description of the fee for which waiver is requested; (E) the amount of the fee for which waiver is requested;(F) a statement or list of the reason or reasons that the waiver is requested (the department recommends that the person requesting the fee waiver refer to the appropriate subsection and paragraph in subsection (c) of this section);(G) the dated signature of the person filing the request;(H) any documentation that proves, confirms, or supports the reason or reasons proffered in requesting that the fee be waived.(e) Deadline for filing a request to waive a fee.(1) Except as otherwise expressly provided by this section or when good cause exists under subsection (c)(2)(A) of this section, failure to file a request for fee waiver by the deadlines provided in this subsection shall without exception result in denial of the waiver request.(2) Except as specified in paragraph (4) of this subsection, a request for waiver of a fee or portion thereof must be filed (received by the department) on or before the 10th business day after the person who owes the fee or portion thereof, or that person's authorized agent or representative, is first notified by the department in writing that the fee or portion thereof is due.(3) For mailed notices, except as provided by paragraph (4) of this subsection, the date of first notification is conclusively presumed to be the 3rd business day after the date, according to department records, the notice was mailed to the person's last known address, also according to department records.(4) If a mailed notice or the department records pertaining thereto contains an obvious significant typographical error by the department that could reasonably have resulted in misdelivery of the notice, then the request for waiver must be filed on or before the 10th business day after a written notice is first sent by facsimile transmission to a confirmed facsimile number, sent by electronic mail to a confirmed electronic mail address, delivered by hand, or served on the person owing the fee, or that person's authorized agent or representative, by other written means for which a delivery date can be determined.(f) Approval of a request to waive a fee--determinations not requiring responsible assistant commissioner approval. When reviewing requests stating reasons which do not require responsible assistant commissioner approval, the department shall approve or disapprove waiver of the fee in writing within 15 business days after the date the department receives the request. If the department fails to act on such a request on or before the 15th business day after the date the department receives the request, the requested waiver shall be deemed approved.(g) Approval of a request to waive a fee--circumstances requiring responsible assistant commissioner approval. When reviewing requests stating reasons which require responsible assistant commissioner approval, the department shall approve or disapprove waiver of the fee in writing within 20 business days after the date the department receives the request. If the department fails to act on such a request on or before the 20th business day after the date the department receives the request, the requested waiver shall be deemed disapproved.(h) Circumstances for granting waivers. A list of the circumstances under which waivers been previously granted under this section will be made available to the public either on the department's website or by mail upon request. The department's assertion that it will publish or make available lists of reasons resulting in previously granted waiver requests is precatory in nature and the department's failure to publish or make available any such list shall not constitute grounds for waiver of a fee under this section and shall not excuse noncompliance with the procedural requirements or deadlines for requesting a waiver.(i) Delegation by assistant commissioner. The responsible assistant commissioner may delegate any duty or privilege established by this section and the employee to whom the duty or privilege is delegated shall have the same authority as the delegating responsible assistant commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.56 adopted to be effective January 28, 2004, 29 TexReg 625; amended to be effective November 12, 2007, 32 TexReg 8121.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scC"><num value="C">SUBCHAPTER C</num><heading>MINORITY PURCHASING</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.71"><num value="1.71">§1.71</num><heading>Statement of Purpose</heading><content>The purpose of this subchapter is to encourage historically underutilized businesses (HUBs) to bid for contract and open market purchases of the department and to maximize contracting opportunities for HUBs.</content><note type="source"><p>Source Note: The provisions of this §1.71 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective January 29, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.73"><num value="1.73">§1.73</num><heading>Identification of Historically Underutilized Businesses (HUBs)</heading><content>(a) The department will obtain the Texas Historically Underutilized Business Certification Directory from the Texas Comptroller of Public Accounts to identify minority and female-owned businesses certified as HUBs in the state.(b) The department will use the directory to solicit bids from such businesses on all contract and open market purchases for which it has jurisdiction to contract pursuant to the Texas Government Code, Chapter 2155.</content><note type="source"><p>Source Note: The provisions of this §1.73 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective January 29, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.74"><num value="1.74">§1.74</num><heading>Certification Requirements</heading><content>(a) All HUBs must be certified under the historically underutilized business program of the Texas Comptroller of Public Accounts to be eligible to participate in contract and open market purchases of the department.(b) The department will assist HUBs to become eligible for certification and participation in bidding on contracts to be awarded by the department.</content><note type="source"><p>Source Note: The provisions of this §1.74 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective January 29, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.75"><num value="1.75">§1.75</num><heading>Outreach</heading><content>(a) The department will attend forums sponsored by the Texas Comptroller of Public Accounts relating to HUBs to improve its efforts in soliciting these businesses for bidding on department contracts.(b) The department will actively pursue opportunities to distribute brochures, pamphlets, and other literature regarding the department's HUB recruitment program to the public.</content><note type="source"><p>Source Note: The provisions of this §1.75 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective January 29, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.76"><num value="1.76">§1.76</num><heading>In-House Training</heading><content>The department will provide in-house training for all its personnel involved in making purchases on behalf of the department which will focus on soliciting HUBs to participate in bidding on contract and open market purchases of the department.</content><note type="source"><p>Source Note: The provisions of this §1.76 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexReg 4866.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.77"><num value="1.77">§1.77</num><heading>Tracking of Progress</heading><content>The department will maintain a computerized program to keep track of all expenditures and purchases involving HUBs.</content><note type="source"><p>Source Note: The provisions of this §1.77 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexReg 4866.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scC/s1.78"><num value="1.78">§1.78</num><heading>Historically Underutilized Business Program</heading><content>The department adopts by reference the rules of the Texas Comptroller of Public Accounts in Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, (relating to Historically Underutilized Businesses) to administer and implement the department's HUB program in accordance with Texas Government Code, Chapter 2161, Subchapters B and C.</content><note type="source"><p>Source Note: The provisions of this §1.78 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective January 29, 2023, 48 TexReg 347.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scD"><num value="D">SUBCHAPTER D</num><heading>MISCELLANEOUS PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scD/s1.81"><num value="1.81">§1.81</num><heading>Private Organizations or Donors</heading><content>(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, §2255.001.(b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Donor--An individual or organization that gives or offers to give nonpublic gifts or donations, in whatever form, to the department.(2) Private organization--A private organization designed or operated to further the purposes and duties of the department.(c) Administration of donations.(1) Any funds received by the department as donations will be deposited in the state treasury.(2) Any funds received by a private organization as donations for the benefit of the department shall be administered by the private organization in a manner that best serves the interests of the department. Any income from the investment of such funds shall also accrue to the benefit of the department.(3) All donations, in whatever form, will be used for the purpose specified by the donor, or for general departmental programs if no purpose is specified.(d) Standards of conduct. Acceptance of donations by the department, its officers, and employees may not result in an officer or employee's monetary enrichment. Acceptance must comply with department policy and procedures, and statutory requirements, including Texas Government Code, Chapter 572, Subchapter C; Texas Government Code, Chapter 575; and Texas Government Code, §659.0201.(e) Service by officers and employees. An officer or employee of the department who also serves as an officer or director of a private organization or donor shall not vote on or otherwise participate in any measure, proposal, or decision pending before the private organization or donor if the department might reasonably be expected to have an interest in such measure, proposal, or decision.(f) Use of employees or property. The department, its officers, and employees shall not authorize a private organization or donor to use the employees or property of the department unless the use is in accordance with a contract between the department and the private organization or donor, or the department is otherwise compensated for the use.</content><note type="source"><p>Source Note: The provisions of this §1.81 adopted to be effective February 2, 1994, 19 TexReg 495; amended to be effective January 11, 2023, 48 TexReg 35.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scD/s1.82"><num value="1.82">§1.82</num><heading>Sick Leave Pool</heading><content>(a) A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state.(b) The Administrator for Human Resources, or his or her designee, will administer the sick leave pool.(c) The pool administrator will develop and maintain a policy, operating procedures, and forms for the administration of the sick leave pool, subject to approval by the Deputy Commissioner.(d) Operation of the pool shall be consistent with the Texas Government Code, Chapter 661, Subchapter A.</content><note type="source"><p>Source Note: The provisions of this §1.82 adopted to be effective January 11, 2023 48 TexReg 35.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scD/s1.83"><num value="1.83">§1.83</num><heading>Family Leave Pool</heading><content>(a) A family leave pool is established to provide eligible employees more flexibility in:(1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and(2) caring for a seriously ill family member or the employee themselves, including pandemic-related illnesses or complications caused by a pandemic.(b) The Administrator for Human Resources, or his or her designee, will administer the family leave pool.(c) The pool administrator will develop and maintain a policy, operating procedures, and forms for the administration of the family leave pool, subject to approval by the Deputy Commissioner.(d) Operation of the pool shall be consistent with the Texas Government Code, Chapter 661, Subchapter A-1.</content><note type="source"><p>Source Note: The provisions of this §1.83 adopted to be effective January 11, 2023 48 TexReg 35.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scD/s1.91"><num value="1.91">§1.91</num><heading>Vehicle Fleet Management</heading><content>Pursuant to Texas Government Code, §2171.1045, and consistent with the management plan developed by the office of vehicle fleet management, the department requires that:(1) Each state-owned vehicle under the department's control shall be assigned to the department's motor vehicle pool and made available for checkout as needed, except for a vehicle assigned to a field employee for regular use.(2) If the department assigns a vehicle to an administrative or executive employee for use on a regular basis, then the department's Chief of Operational Support, or his or her designee, must document in writing a finding that the assignment and use of the vehicle is critical to the needs and mission of the department. The written documentation must be maintained by the Agency Administration Division.</content><note type="source"><p>Source Note: The provisions of this §1.91 adopted to be effective July 4, 2001, 26 TexReg 4866; amended to be effective January 11, 2023 48 TexReg 35.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scE"><num value="E">SUBCHAPTER E</num><heading>ADVISORY COMMITTEES</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scE/s1.200"><num value="1.200">§1.200</num><heading>Scope and Purpose</heading><content>This subchapter identifies advisory committees created by or under statute to advise the Texas Department of Agriculture and, in accordance with the provisions of the Texas Government Code, Chapter 2110 (Vernon Supp. 2000), prescribes the purposes and duties of such committees, and the expiration date of each committee. Unless otherwise provided for a specific committee, the manner in which each continuing committee will report to the agency is by the preparation and submission of committee minutes to the department. In addition, the commissioner may request that a committee prepare and submit a report of committee activities.</content><note type="source"><p>Source Note: The provisions of this §1.200 adopted to be effective January 17, 1995, 20 TexReg 19; amended to be effective August 30, 2000, 25 TexReg 8375.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scE/s1.201"><num value="1.201">§1.201</num><heading>Wine Advisory Committee</heading><content>(a) The Committee. The Wine Advisory Committee (Committee) is established pursuant to Texas Agriculture Code §12.0204. The Committee serves in an advisory capacity and is subject to Texas Government Code, Chapter 2110.(b) Purpose.(1) The Committee shall assist the Commissioner by developing recommendations concerning a long-term vision and marketable identity for the wine industry in the state and assist the Commissioner in establishing and implementing the Texas Wine Marketing Assistance Program under Texas Alcoholic Beverage Code, Chapter 110.(2) The Committee may make recommendations related to wine marketing, research, or educational outreach activities for the department.(3) At the request of the Commissioner, the Committee may also offer recommendations associated with department rules and internal policies to accomplish the goals and objectives of the Texas Wine Marketing Assistance Program.(c) Composition. The Committee shall be composed of eleven members appointed by the Commissioner from the following groups:(1) three grape growers representing various regions of the state;(2) three wineries representing various sizes and regions of the state;(3) two researchers or educators specializing in viticulture or enology;(4) two consumer representatives; and(5) one employee of the Texas Alcoholic Beverage Commission.(d) Terms of Service for Committee Membership.(1) Each Committee member serves a four-year term, except for members initially appointed to two-year terms as provided by paragraph (2) of this subsection.(2) Members shall be appointed to staggered terms so that the terms of service for approximately half of the members will expire each odd year. Of the Committee members initially appointed, five will be appointed for an initial term of two years and six will be appointed for an initial term of four years.(3) Members shall continue to serve after expiration of their term of service until a replacement is appointed.(4) The Commissioner may reappoint a member to the Committee.(5) Any vacancy occurring in an appointed position on the Committee shall be filled by the Commissioner for the unexpired term.(6) Appointments to the Committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.(e) Officers.(1) The Committee shall elect a presiding officer and an assistant presiding officer at its first meeting.(2) The presiding officer shall preside at all committee meetings at which he or she is in attendance, call meetings in accordance with this section, and cause proper reports to be made to the Commissioner as applicable.(3) The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is elected to complete the unexpired portion of the term of the office of presiding officer.(4) A vacancy which occurs in the offices of presiding officer or assistant presiding officer may be filled at the next committee meeting.(5) The Committee may reference its officers by other terms such as chairperson and vice-chairperson.(f) Meetings.(1) The Committee shall meet only as necessary to conduct Committee business, but no less frequently than once each calendar year, to provide guidance to the Commissioner in establishing and implementing the program.(2) A meeting may be called by agreement of department staff and either the presiding officer or at least three members of the Committee.(3) Meeting arrangements shall be made by department staff. Department staff shall contact Committee members to determine availability for a meeting date and place.(4) The Committee is not a "governmental body" as defined in the Open Meetings Act, Texas Government Code, Chapter 551. Meetings of the Committee may be announced in advance on the department's website for a reasonable time when public participation is solicited by the Committee.(5) Each member of the Committee shall be informed of a committee meeting at least five business days before the meeting.(6) A simple majority of the members of the Committee shall constitute a quorum for the purpose of transacting business.(7) The Committee may only meet with a quorum present.(g) Attendance.(1) Members shall attend Committee meetings as scheduled.(2) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting.(3) It is grounds for removal from the Committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, or is absent from at least three consecutive Committee meetings.(4) The validity of an action of the Committee is not affected by the fact that it is taken when a ground for removal of a member exists.(h) Procedures.(1) Any action taken by the Committee must be approved by a majority vote of the members present once a quorum is established.(2) Each member shall have one vote.(3) A member may not authorize another individual to represent the member by proxy.(4) The Committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.(5) Minutes of each Committee meeting shall be taken by department staff.(i) Reporting. The manner in which the Committee will report to the department is by the preparation and submission of committee minutes. In addition, the Commissioner may request that the Committee prepare and submit a report of Committee activities.(j) Conduct By Members.(1) The Commissioner, the department, and the Committee shall not be bound in any way by any statement or action on the part of any Committee member except when a statement or action is specifically authorized by the Commissioner or department.(2) The Committee and its members may not participate in an official capacity in legislative activities in the name of the department or the Committee except with approval of the department. Committee members are not prohibited from representing themselves or other entities in the legislative process.(3) A Committee member should not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's duties.(4) A Committee member should not disclose confidential information acquired through his or her Committee membership.(5) A Committee member should not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's powers or duties in favor of another person.(6) A Committee member who has a personal or private interest in a matter pending before the Committee shall publicly disclose the fact in a Committee meeting and may not vote or otherwise participate in the matter. The phrase "personal or private interest" means the Committee member has a direct pecuniary interest in the matter but does not include the Committee member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation.(7) A person may not serve as a member of Committee if the person is required to register as a lobbyist under Chapter 305, Government Code because of the person's activities for compensation on a matter related to the Committee.(k) Committee Member Training.(1) Before a member of the Committee may assume the member's duties, the member must complete at least one course of the training program established under this subsection.(2) A training program established under this section shall provide information to the member regarding:(A) the role and functions of the Committee; and(B) the requirements of the conflict of interest laws and any applicable ethics policies adopted by the department or the Texas Ethics Commission.(l) Staff. Staff support for the Committee shall be provided by the department.(m) Evaluation and Duration.(1) In accordance with Texas Government Code, §2110.006, department staff responsible for the Texas Wine Marketing Assistance Program shall evaluate the Committee on an annual basis and report its findings to the Commissioner. The evaluation shall be reported to the Legislative Budget Board as required by law.(2) If the committee is not continued or consolidated with another committee by November 1, 2026, the committee shall be abolished on that date.</content><note type="source"><p>Source Note: The provisions of this §1.201 adopted to be effective January 26, 2023, 48 TexReg 211.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scE/s1.211"><num value="1.211">§1.211</num><heading>The Texas Organic Agriculture Industry Advisory Board</heading><content>(a) Purpose. The Texas Organic Agriculture Industry Advisory Board (Board) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, §50C.002 and is established within the Texas Department of Agriculture (the department) to assist the Commissioner in expanding, developing and promoting the Texas organic agricultural products industry.(b) Duties. The Board shall assist the Commissioner: with assessing the state of the Texas organic agricultural products industry, recommending how to promote and expand the Texas organic agricultural products industry in Texas, with obtaining grants and gifts to promote and expand the Texas organic agricultural products industry in Texas; with developing a statewide organic agricultural products education and awareness campaign; and with reviewing and providing guidance on rules on the Texas organic agricultural products industry.(c) Reporting. Reporting takes place through meetings held by the Board. Through these meetings, the Commissioner and/or department staff discusses matters related to the Board's business and the Board provides oral feedback and direction. The department staffs the Board. Department staff prepares and maintains the minutes of each advisory Board meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Board documents to Board members and the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.211 adopted to be effective March 13, 2008, 33 TexReg 2019.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scE/s1.221"><num value="1.221">§1.221</num><heading>Texas Food System Security and Resiliency Planning Council</heading><content>(a) Statutory authority. Texas Food System Security and Resiliency Planning Council (Council) is established pursuant to Texas Agriculture Code, §23.002.(b) Definitions. In additional to the general definitions contained within Title 4, Part 1, Chapter 1, §1.1, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) "Council" means the Texas food system security and resiliency planning council; and(2) "Office" means the food and nutrition division or other division within the department responsible for food assistance programs, established pursuant to Texas Agriculture Code, §23.001(2).(c) Purpose. The Council shall provide guidance to the Department in the administration of Texas Agriculture Code, Chapter 23 and the development of a state food system security plan.(d) Composition. The Council is composed of members in accordance with Texas Agriculture Code, §23.002(a).(e) A person appointed to the Council must have experience in an industry or economic sector involving food production or food sales or in a related industry or economic sector.(f) Terms of Service for Council Membership.(1) Each Council member serves at the pleasure of the appointing official.(2) Any vacancy occurring on the Council shall be filled by the appropriate appointing official as soon as practicable.(3) Appointments to the Council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.(g) Presiding officers, including a chair and vice-chair, shall be designated in accordance with Texas Agriculture Code, Section 23.002.(h) Meetings.(1) Meetings shall be held at regular intervals, as directed by Texas Agriculture Code, Section 23.002(2) A simple majority of the voting members of the Council shall constitute a quorum for the purpose of transacting business.(3) The Council may only meet with a quorum present.(i) Procedures.(1) Any action taken by the Council must be approved by a majority vote of the members present once a quorum is established.(2) Each voting member shall have one vote.(3) The Council shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.(4) Minutes of each Council meeting shall be taken by department staff.(j) Conduct By Members.(1) Members of the Council shall not be entitled to compensation or reimbursement from the Department or the Council for expenses incurred in performing Council duties unless otherwise required under Texas Agriculture Code, Chapter 23.(2) The Commissioner, the department, and the Council shall not be bound in any way by any statement or action on the part of any Council member except when a statement or action is specifically authorized by the Commissioner, department, or Council.(3) The Council and its members may not participate in an official capacity in legislative activities in the name of the department or the Council except with approval of the department. Council members are not prohibited from representing themselves or other entities in the legislative process.(4) A Council member should not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's duties.(5) A Council member should not disclose confidential information acquired through his or her Council membership.(6) A Council member should not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's powers or duties in favor of another person.(7) A Council member who has a personal or private interest in a matter pending before the Council shall publicly disclose the fact in a Council meeting and may not vote or otherwise participate in the matter. The phrase "personal or private interest" means the Council member has a direct pecuniary interest in the matter but does not include the Council member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation.(8) A person may not serve as a member of Council if the person is required to register as a lobbyist under Chapter 305, Government Code because of the person's activities for compensation on a matter related to the Council.(k) Council members must complete required Open Meetings Training in accordance with Texas Government Code, Chapter 551.(l) Staff. Staff support for the Council shall be provided by the department.</content><note type="source"><p>Source Note: The provisions of this §1.221 adopted to be effective October 25, 2023, 48 TexReg 6205.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scG"><num value="G">SUBCHAPTER G</num><heading>INTERAGENCY AGREEMENTS</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scG/s1.310"><num value="1.310">§1.310</num><heading>Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA</heading><content>(a) Statement of purpose. Texas Agriculture Code (the Code), §12.032, added by the 74th Legislature, provides that the Commissioner of Agriculture and the Chief Administrative Law Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under which SOAH conducts hearings for the department under the Code. This MOU is necessary to accomplish the efficient and expeditious hearing of matters under the jurisdiction of TDA by establishing the procedures to be used by each agency and clearly delineating each agency's responsibilities. Additionally, this MOU, when adopted by rule, shall inform the public of each agency's responsibilities and the procedures for the institution, conduct and determination of proceedings before SOAH on behalf of TDA.(b) General statement of duties to be performed by SOAH.(1) SOAH shall conduct for TDA all administrative hearings in contested cases under the Code, with the exception that this MOU shall not apply to hearings held under the Code, Chapter 103. Except as otherwise provided by the Code or this MOU, all hearings will be held in accordance with the Administrative Procedure Act, Government Code, §§2001.001 et seq.(2) SOAH shall handle all matters related thereto, including prehearing and post-hearing matters, the issuance of the proposal for decision, and if required, shall appear before the commissioner or his designee to present the proposal for decision. Unless specifically requested by the department, the final decision or order shall be rendered by the commissioner or his designee. At the request of TDA, SOAH shall include a proposed order with the proposal for decision, but shall not be responsible for the preparation of a final order which differs from the proposed order submitted by SOAH.(3) During the term of this MOU, SOAH shall act pursuant to Texas Government Code, §§2003.001 et seq, Texas Government Code, §§2001.001 et seq, and other applicable law.(c) Definitions. The following meanings apply to this section unless expressly stated otherwise.(1) ALJ--An administrative law judge assigned by the State Office of Administrative Hearings.(2) Code--Texas Agriculture Code.(3) Commissioner--Commissioner of agriculture or his designee.(4) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for administrative hearing as defined in the Government Code, §2001.003.(5) MOU--The Memorandum of Understanding executed by TDA and SOAH for the conducting of hearings on contested cases.(6) SOAH--The State Office of Administrative Hearings.(7) TDA--The Texas Department of Agriculture.(d) Referral of a contested case to SOAH.(1) Referral of a contested case to SOAH may be made only by TDA. The referral is initiated by filing with SOAH either a request for setting of hearing form or a request for assignment of ALJ form as provided in subparagraphs (A) and (B) of this paragraph.(A) The request for setting of hearing form shall be filed when TDA seeks to have the case set for hearing and no prehearing matters requiring resolution by an ALJ are anticipated. If prehearing matters arise after the request for setting of hearing form is filed, SOAH shall assign an ALJ to resolve the matter.(B) The request for assignment of ALJ form shall be filed when TDA anticipates the need for one or more prehearing conferences and/or the need for an ALJ's ruling on various matters prior to commencement of the hearing. If no request for setting of a hearing is included in the request for assignment of an ALJ, the date for the hearing shall be determined by the assigned ALJ.(2) At the time the referral is initiated, TDA shall also provide to SOAH:(A) all pleadings in the case, including, but not limited to, complaints, petitions, applications, motions, or such other documents describing agency action related to the contested case;(B) an accurate service list; and(C) notification of any statutory deadlines applicable to the contested case.(3) Following receipt of the request for assignment of ALJ form, SOAH shall assign the case a docket number, assign an ALJ, and notify all parties in writing of the ALJ assigned to the case. If TDA also requests a hearing date, the SOAH shall provide a date and a confirmation of the setting to TDA. Hearings shall be held at a location agreed upon by SOAH and TDA. Following receipt of the confirmation of the setting of the hearing, TDA shall send its notice of hearing.(4) In any case in which an expedited hearing is required by statute, TDA should file a request for setting of hearing within 24 hours of receipt of a request by any party. In such cases, SOAH should confirm with TDA a hearing date and docket number within 24 hours of such request.(e) Notice of hearing.(1) Upon receipt of the docket number and setting date from SOAH, TDA shall issue the initial notice of hearing as required by the Code and the Government Code, and will serve the notice of hearing by certified mail, return receipt requested, to all parties to the docketed matter.(2) Notice is governed by the Government Code, §2001.051 and §2001.052, unless alternative procedures are permitted by law. The notice shall include the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and any corresponding regulations to which the hearing relates; a short, plain, statement of the matters asserted; the docket number; and a certificate of service.(f) Filing requirements. Filing of documents shall be in accordance with the following.(1) Any party filing notices of hearing, staff memoranda, and pleadings (including discovery), motions, and such other filings, except motions for rehearing shall file the original with SOAH and a true and correct copy with the TDA docket clerk. Such documents shall be delivered to TDA and SOAH by the same method and on the same date.(2) All motions, except motions for rehearing, shall be addressed to SOAH.(3) All motions for rehearing shall be addressed to the commissioner and shall be filed with the TDA docket clerk, with a copy provided to SOAH.(g) Hearings.(1) Hearings, including prehearing proceedings on contested cases, shall be conducted in accordance with the Government Code, Chapter 2001, the Agriculture Code, the TDA rules of procedure, the SOAH rules of procedure, and any other applicable law and accompanying regulations.(2) In the event of any conflict between the SOAH rules of procedure and the TDA rules of procedure, the TDA rules of procedure control, unless otherwise specifically stated in the SOAH rules of procedure (see 1 TAC §155.5), or other controlling law; or the judge so orders, when necessary to ensure the fair and efficient handling of a case.(3) The ALJ shall establish reasonable deadlines and procedures for the filing of affidavits, the designation of witnesses, and such other matters as are necessary or appropriate.(4) If the commissioner informally disposes of a contested case by stipulation, agreed settlement, consent order, agreed order, or default as provided in the Code, the Government Code, §2001.056, and TDA rules, the TDA docket clerk shall file a request to withdraw the case from the SOAH docket and include a copy of the order. SOAH shall then issue an order withdrawing the case from the SOAH docket.(5) Hearings shall be recorded in the manner agreed to by SOAH and TDA.(h) Final orders.(1) The ALJ shall prepare and issue the proposal for decision and a proposed order. The proposal for decision shall include proposed findings of fact and conclusions of law. The commissioner may not attempt to influence the ALJ's findings of fact, conclusions of law, or the ALJ's application of the law to the facts in any proceedings. Unless otherwise provided by statute, the ALJ shall issue a proposal for decision and proposed order no later than the 60th day after the date the record is finally closed, unless the ALJ specifies at the conclusion of the hearing a longer period of time in which the proposal for decision and proposed order may be issued.(2) The ALJ shall submit the proposal for decision and the proposed order to the commissioner and shall serve true and correct copies of the proposal for decision and the proposed order by registered mail upon the parties.(3) The ALJ may amend the proposal for decision and proposed order pursuant to exceptions, briefs, and reply briefs without the proposal for decision and proposed order again being served on the parties. The ALJ shall promptly provide a copy of any amended proposal for decision and proposed orders to the commissioner and all parties. Upon request of the commissioner, the ALJ shall also provide an electronic copy of the proposed order to the commissioner.(4) The commissioner may consider the proposal for decision and proposed order prepared by the ALJ, the exceptions, briefs, reply briefs, and the arguments of the parties entirely upon written submission.(5) For actions brought under the Code, §12.020, the commissioner may change a finding of fact or conclusion of law made by the ALJ if the commissioner:(A) determines that the ALJ:(i) did not properly apply or interpret applicable law, department rules or policies, or prior administrative decisions; or(ii) issued a finding of fact that is not supported by a preponderance of the evidence; or(B) determines that a department policy or a prior administrative decision on which the ALJ relied is incorrect or should be changed.(6) The commissioner shall state in writing the specific reason and legal basis for a determination under paragraph (5) of this subsection.(7) If the commissioner seeks clarification or additional information relating to the proposed order, the commissioner may send written questions, including a request to reopen the hearing if necessary to the ALJ with copies to all parties of record. If the information necessary to respond to the commissioner's questions is not already in evidence, the commissioner may remand the case to the ALJ for further hearing and the ALJ shall notify all parties of record of the remand.(8) Upon the issuance of any order that may become final under the Government Code, §2001.142, TDA's docket clerk shall send a copy of the order by first class mail, pursuant to the Government Code, §2001.142, to the parties or their representatives, and to SOAH. TDA's docket clerk shall keep an appropriate record of the mailing.(i) Motions for rehearing. The commissioner may state in a written order the decision as to a motion for rehearing, or may take no action and allow the motion for rehearing to be overruled by operation of law. When a motion for rehearing is granted and if the commissioner remands for further proceedings, the ALJ, upon notice to all parties of record, shall convene the rehearing under the same docket as the original hearing.(j) Custody of the hearing record.(1) SOAH shall maintain the official record in a contested case from the time TDA refers the case to SOAH until:(A) the entry of an order by an ALJ to withdraw or dismiss a case from the SOAH docket either by the granting of a party's motion or on the ALJ's own motion; or(B) the ALJ's proposal for decision has been issued in the case, time for filing of exceptions and replies to the proposal has passed, and the ALJ has made any amendments to the proposal based on those exceptions or replies.(2) TDA shall also maintain a copy of the record at all times.(3) Prior to the conclusion of the administrative hearing process, any request for a copy or transcript of the record may be directed either to SOAH or TDA. Requests for official copies shall be directed to SOAH as the official custodian authorized to certify at to the completeness of the record before the conclusion of the administrative hearing process.(4) After the issuance of a proposal for decision and passage of appropriate timelines as stated in paragraph (1) of this subsection, the duty of official custodian of the record shall be transferred to TDA. Within ten days of the passage of appropriate timelines for filing of exceptions and replies to exceptions, SOAH shall deliver the official record to TDA along with a certified statement that the documents delivered constitute the complete record in the case. Any request for a copy or transcript of the record shall then be directed to TDA. TDA shall have the authority to certify as to the completeness of the record.</content><note type="source"><p>Source Note: The provisions of this §1.310 adopted to be effective March 12, 1996, 21 TexReg 1657.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scG/s1.320"><num value="1.320">§1.320</num><heading>Memorandum of Understanding Between the Texas Department of Agriculture and the Texas Department of Health, Bureau of Food and Drug Safety</heading><content>(a) Statement of Purpose. Senate Bill 372, Article 7, §7.03, 74th Legislative Session (1995) now codified at Texas Agriculture Code, Chapter 132, Subchapter A, requires the Texas Department of Agriculture (TDA) to enter into a memorandum of understanding (MOU) with the Texas Department of Health (TDH) to coordinate regulatory programs and eliminate conflicting regulatory requirements and inspection standards of shell eggs at the retail level.(b) Definitions. The following meanings apply to this section unless expressly stated otherwise:(1) TDA--The Texas Department of Agriculture.(2) TDH--The Texas Department of Health.(3) MOU--The Memorandum of Understanding executed by TDA and TDH as required by §132.008 of the Texas Agriculture Code, Chapter 132, Texas Egg Law, under the authority of the Texas Agriculture Code.(c) General Statement of Duties to be Performed by TDA and TDH. TDA and TDH have reached the following general understanding to provide for better management and coordination of the agencies' regulatory shell egg programs at the retail level to eliminate conflicting regulatory requirements and inspection standards and to prevent duplication of work effort with regard to the inspection of shell eggs at retail establishments. The TDA will continue to inspect egg quality at the producer, wholesale, and retail levels, while TDH will inspect sanitary conditions under which eggs are produced and stored at producer, wholesale, and retail levels.(d) TDA Duties.(1) Prescribe standards for the inspection and regulation of shell eggs, including quality, grade, and size of shell eggs. These standards shall be at least equal to those adopted by the United States Department of Agriculture and the U.S. Food and Drug Administration.(2) Prescribe methods for the labeling for shell egg containers relating to grade, classification and declaration of packing responsibility.(3) Conduct shell egg inspections at the retail level which include the grading, sizing, and container labeling of shell eggs.(4) Conduct shell egg inspections, including grading, sizing, temperature determination and container labeling of shell eggs at packing facilities, distributors, and dealer/wholesalers.(5) Carry out all other duties and responsibilities required by Chapter 132.(e) TDH Duties.(1) Enforce temperature standards for shell eggs at retail outlets.(2) Enforce minimum requirements for the safe and sanitary storage and handling of shell eggs as food products at producer, wholesale, and retail outlets.(3) Enforce standards for shell egg packaging that meets all applicable labeling required under Texas Health and Safety Code, Chapter 431.(4) Conduct inspections of retail facilities to ensure the safe and sanitary storage and handling of shell eggs as food products.(5) Carry out all other duties and responsibilities required by the Texas Health Code.(f) General Statement of Mutual Agreements.(1) TDA will not engage in any activity or responsibility assigned to TDH in this MOU, and TDH will not engage in any activity or responsibility assigned to TDA in this MOU.(2) The general guidelines in this MOU may be supplemented by specific written guidelines in accordance with local needs and may be modified in writing at any time by mutual agreement.(3) This MOU does not constitute financial obligation by either party nor does it serve as a basis for expenditures. Expenditures made by each party will be in accordance with its rules and regulations, contingent upon funds being available from which expenditures legally may be made.(g) Term. This MOU shall become effective upon date of signature and shall continue until terminated by mutual consent of parties herein or by either party on notice in writing to the other party 30 days in advance of such termination.(h) Execution. This MOU was executed on September 30, 1996.</content><note type="source"><p>Source Note: The provisions of this §1.320 adopted to be effective January 10, 1997, 22 TexReg 45.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scH"><num value="H">SUBCHAPTER H</num><heading>REQUESTS FOR PUBLIC INFORMATION</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scH/s1.402"><num value="1.402">§1.402</num><heading>Charges for Providing Copies of Public Information</heading><content>(a) The department will charge fees for copies of public information or access to public information in accordance with the Public Information Act, Texas Government Code, Chapter 552 and the cost rules promulgated by the Office of the Attorney General of Texas in Texas Administrative Code, Title 1, Part 3, Chapter 70 (relating to Cost of Copies of Public Information).(b) The cost rules promulgated by the Office of the Attorney General of Texas do not apply to requests for copies of publications compiled and printed by the department for public dissemination, and the department shall determine the charge to be made for such publications unless the charge is set by law.(c) Requests for public information for which the Public Information Act, Texas Government Code, Chapter 552 or the Office of the Attorney General of Texas have not established a charge will be charged the actual cost to the department to provide the item in accordance with Texas Administrative Code, Title 1, Part 3, Chapter 70, §70.10.</content><note type="source"><p>Source Note: The provisions of this §1.402 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective September 30, 2021, 46 TexReg 6403.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scH/s1.404"><num value="1.404">§1.404</num><heading>Prepayment and Waiver of Public Information Charges</heading><content>(a) The department requires prepayment of all charges prior to release of public information, unless the charges total $100 or less. The requestor will be contacted by a department representative once the cost of filling the request is determined. Each component of the total charge will be indicated on the department's billing form in order to provide full disclosure to the requestor. The prepayment requirement may be waived by the department in appropriate circumstances.(b) The department will waive the charge for a public information request that would result in a total charge of $40.00 or less, except any remote document retrieval costs will be charged to the requestor.(c) The department will furnish public information without charge or at a reduced charge if the department determines that a waiver or reduction in fees is in the public interest.</content><note type="source"><p>Source Note: The provisions of this §1.404 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective August 30, 2000, 25 TexReg 8376; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective September 30, 2021, 46 TexReg 6403.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scJ"><num value="J">SUBCHAPTER J</num><heading>AGRICULTURAL LIEN DISPUTES</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.601"><num value="1.601">§1.601</num><heading>Statement of Purpose; Applicability</heading><content>(a) The Texas Agriculture Code, Chapters 128 and 188 provide for the establishment of liens in favor of sellers of agricultural chemicals, agricultural seeds, or animal feed, or of a provider of labor in connection with the agricultural chemicals, agricultural seeds, or animal feed. Chapters 128 and 188 also provide for the department to establish procedures for settlement of disputes regarding the amount owed a lien claimant for agricultural chemicals or labor (§128.012) or animal feed (§188.012). A person may not file a notice of claim of lien if a settlement of a dispute between the lien claimant and the debtor has been submitted to the department under the Texas Agriculture Code, §128.012 and §188.012, and is pending.(b) This subchapter applies only to disputes regarding amounts due for the sale of agricultural chemicals, or animal feed or regarding costs of labor in connection with the sale of agricultural chemicals or feed where notice has been provided before purchase to the buyer (debtor) of such chemicals or animal feed or labor in accordance with the Texas Agriculture Code, §128.006 and §188.006.</content><note type="source"><p>Source Note: The provisions of this §1.601 adopted to be effective September 22, 1997, 22 TexReg 9242; amended to be effective February 7, 2023, 48 TexReg 505.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.602"><num value="1.602">§1.602</num><heading>Submitting a Dispute for Settlement</heading><content>(a) If there is a dispute as to the amounts owed a lien claimant for agricultural chemicals or feed or the costs of labor associated therewith as defined under the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the dispute may be submitted to the department prior to the filing of the notice of claim of lien with the Secretary of State's Office by the lien claimant.(b) A debtor (buyer) or lien claimant (seller) subject to this subchapter may request that the department resolve a dispute as to amounts owed a lien claimant by filing a request for setting of a settlement conference with the department's Office of General Counsel.(c) The request for setting must be filed with the department within ten days of the date that the debtor receives a notice of intent to file a claim of lien in accordance with the Texas Agriculture Code, §128.006 and §188.006, must be in writing and must include supporting documentation such as:(1) any written agreements regarding the debt in dispute;(2) invoices or other documents to establish delivery of the agricultural chemicals, agricultural feed, or provision of labor associated with the chemicals or feed; any correspondence between parties regarding the debt;(3) any notices provided the debtor regarding the debt; and(4) information to support agreed or reasonable charges for agricultural chemicals, agricultural seed or the provision of labor associated with the chemicals or feed.(d) The request for setting and supporting documentation shall be sent to: Office of General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.(e) Copies of a request for setting shall be sent to the opposing party, by certified mail, return receipt requested, or by fax, by the requester.</content><note type="source"><p>Source Note: The provisions of this §1.602 adopted to be effective September 22, 1997, 22 TexReg 9242; amended to be effective February 7, 2023, 48 TexReg 505.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.603"><num value="1.603">§1.603</num><heading>Notice of Dispute; Setting of Conference</heading><content>(a) Within seven days of receipt of a request for setting in accordance with §1.602 of this chapter (relating to Submitting a Dispute for Settlement), the department shall:(1) assign a docket number to the matter;(2) appoint a facilitator to conduct a settlement conference;(3) set a date for a settlement conference; and(4) send notice of the settlement conference to parties.(b) The notice to parties shall be sent by certified mail, return receipt requested, or by fax, and shall include:(1) a statement that there is a dispute as to charges owed to the lien claimant;(2) that a settlement conference has been requested and by whom;(3) the date, time and place of the settlement conference; and(4) who to contact for more information.(c) Parties must be notified of the settlement conference at least ten days before the date of the conference. Notification takes place upon the mailing of the notice by the department by certified mail, return receipt requested, to the party's last known mailing address or upon the transmission of the notice by fax to the party's last known fax number.</content><note type="source"><p>Source Note: The provisions of this §1.603 adopted to be effective September 22, 1997, 22 TexReg 9242; amended to be effective February 7, 2023, 48 TexReg 505.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.604"><num value="1.604">§1.604</num><heading>Attendance; Conduct; Authority To Settle</heading><content>(a) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement must attend the settlement conference in person or virtually through video conferencing.(b) Parties and their representatives attending the settlement conference shall attend in good faith and make a good faith effort to settle the dispute.(c) If a party declines to attend a settlement conference, the department shall notify the requesting party of that fact and issue a closing report on the matter.</content><note type="source"><p>Source Note: The provisions of this §1.604 adopted to be effective September 22, 1997, 22 TexReg 9242; amended to be effective February 7, 2023, 48 TexReg 505.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.605"><num value="1.605">§1.605</num><heading>Process for Evaluating the Dispute; Role of the Department</heading><content>(a) The dispute shall be evaluated using the definitions and standards provided in the Texas Agriculture Code, Chapters 128 and 188 and any documentation provided by parties in support of their positions.(b) The department facilitator shall act as an impartial third party in the settlement process with a goal of achieving settlement of the matter between parties. The facilitator may not impose his or her own judgment on the issues for that of the parties.(c) At the conclusion of the settlement conference, the facilitator shall issue a report on the matter, outlining what, if any, agreements were reached in the process and what, if any, issues still remain to be resolved.</content><note type="source"><p>Source Note: The provisions of this §1.605 adopted to be effective September 22, 1997, 22 TexReg 9242.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.606"><num value="1.606">§1.606</num><heading>Effect of Results</heading><content>(a) The results of the settlement conference are not binding unless the parties agree otherwise.(b) If the parties reach a settlement and choose to execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract.(c) If no settlement is reached, the lien claimant may proceed to file a notice of claim of lien in accordance with Texas Agriculture Code, Chapters 128 and 188.</content><note type="source"><p>Source Note: The provisions of this §1.606 adopted to be effective September 22, 1997, 22 TexReg 9242.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.607"><num value="1.607">§1.607</num><heading>Confidentiality</heading><content>(a) Any notes or record made of a settlement conference conducted under this subchapter are confidential, and may not be disclosed unless all parties to the dispute consent to the disclosure.(b) A facilitator conducting a settlement conference under this subchapter may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating or arising out of the matter in dispute.(c) An oral communication or written material used in or made a part of a settlement conference conducted under this subchapter is admissible or discoverable, if it is admissible or discoverable independent of the procedure, or required to be disclosed by law.</content><note type="source"><p>Source Note: The provisions of this §1.607 adopted to be effective September 22, 1997, 22 TexReg 9242.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scJ/s1.608"><num value="1.608">§1.608</num><heading>Fees</heading><content>(a) Fees for reasonable costs incurred by the department in conducting settlement conferences under this subchapter shall be apportioned equally among parties to the conference.(b) Fees may include:(1) the costs of securing a venue suitable to facilitate the resolution of the dispute;(2) administrative costs for supplies such as paper and copying charges. Costs of copies shall be in the same amount as charged by the department for copies of public information, as specified in §1.402 of this title (relating to Charges for Providing Copies of Public Information);(3) costs associated with the department facilitator's having to travel to the venue, including but not limited to, mileage, fuel, car rental, airline tickets, and a maximum per diem limited to the rates listed on the General Services Administration's (GSA) Domestic Maximum Per Diem Rates table for meals and lodging. Mileage shall be charged in the same amount as allowed for state employees traveling on state business; and(4) any other reasonable charge incurred by the department in resolving the dispute between the parties.</content><note type="source"><p>Source Note: The provisions of this §1.608 adopted to be effective September 22, 1997, 22 TexReg 9242; amended to be effective February 7, 2023, 48 TexReg 505.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scK"><num value="K">SUBCHAPTER K</num><heading>EMPLOYEE TRAINING AND EDUCATION</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scK/s1.700"><num value="1.700">§1.700</num><heading>General Provisions</heading><content>The department may use state funds to provide training and education for its employees in accordance with the provisions of the Texas Government Code, Chapter 656, Subchapters C and D.(1) Training to be duty related. The training or education must be related to the duties or prospective duties of the employee.(2) Training program purpose. The training and educational program of the department may include:(A) preparing for technological and legal developments;(B) increasing work capabilities; and(C) increasing the competence of state employees.</content><note type="source"><p>Source Note: The provisions of this §1.700 adopted to be effective June 24, 1998, 23 TexReg 6435; amended to be effective August 30, 2000, 25 TexReg 8376; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective October 26, 2022, 47 TexReg 6979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scK/s1.701"><num value="1.701">§1.701</num><heading>Employee Eligibility</heading><content>(a) Employee Training Eligibility. Employees are eligible to participate in training opportunities, subject to department policy, managerial discretion, and available funds. Eligibility for training is determined without regard to race, color, disability, religion, sex, gender, national origin, age, sexual orientation, veteran's status, genetic information, or protected activity.(b) Employee Tuition Reimbursement Eligibility. To be eligible for educational assistance tuition reimbursement, an employee must meet certain criteria detailed in department policy, including:(1) department tenure requirement;(2) active employment requirement;(3) minimum performance rating requirement;(4) conduct requirements; and(5) obtain written approval for reimbursement from the Deputy Commissioner.(c) Additional criteria. The department may include additional eligibility criteria in its training and educational assistance policies for employee participation.(d) Waiver of eligibility requirements. Eligibility criteria may be waived when the department requires an employee to attend, as all or part of the employee's duties, a training or education program.</content><note type="source"><p>Source Note: The provisions of this §1.701 adopted to be effective June 29, 2008, 33 TexReg 4866; amended to be effective October 26, 2022, 47 TexReg 6979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scK/s1.702"><num value="1.702">§1.702</num><heading>Employee Participation</heading><content>(a) Approval subject to available funds. Approval to participate in or receive reimbursement for a training and education program is not automatic and may be subject to the availability of funds within the department's budget.(b) Attendance may be required. A department employee may be required to attend, as all or part of the employee's duties, a training or education program related to the employee's duties or prospective duties.(c) Withdrawal of permission. The department may withdraw an employee's permission to participate in an education and training program if the department determines, in its sole discretion, that continued participation would negatively impact the employee's job duties or performance.</content><note type="source"><p>Source Note: The provisions of this §1.702 adopted to be effective June 24, 1998, 23 TexReg 6435; amended to be effective October 26, 2022, 47 TexReg 6979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scK/s1.703"><num value="1.703">§1.703</num><heading>Employee Obligations</heading><content>(a) General Employee Obligations. Employees participating in the department's training and education programs are obligated to comply with department policies and procedures.(b) Employee Reimbursement Obligations. Employees who qualify for and receive educational assistance tuition reimbursement are subject to additional obligations, including a term of continued employment or repayment of tuition reimbursement, as set forth in Texas Government Code, Chapter 656, Subchapter D and in department policy.</content><note type="source"><p>Source Note: The provisions of this §1.703 adopted to be effective October 26, 2022, 47 TexReg 6979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scK/s1.704"><num value="1.704">§1.704</num><heading>At-Will Employment Status</heading><content>Approval to participate in the department's training and education programs, including tuition reimbursement, shall not in any way affect an employee's at-will status. Participation in these programs does not constitute a guarantee or indication of continued or future employment in a current or prospective position.</content><note type="source"><p>Source Note: The provisions of this §1.704 adopted to be effective October 26, 2022, 47 TexReg 6979.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scL"><num value="L">SUBCHAPTER L</num><heading>URBAN SCHOOLS GRANTS PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scL/s1.800"><num value="1.800">§1.800</num><heading>Statement of Purpose</heading><content>The Urban Schools Grant Program is designed to establish demonstration agricultural projects or other projects designed to foster an understanding and awareness of agriculture in certain Texas urban public school districts by awarding grants to eligible elementary and middle schools.</content><note type="source"><p>Source Note: The provisions of this §1.800 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective August 5, 2001, 26 TexReg 5637; amended to be effective March 18, 2008, 33 TexReg 2287; amended to be effective September 1, 2011, 36 TexReg 5347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scL/s1.801"><num value="1.801">§1.801</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commissioner--The Commissioner of Agriculture, Texas Department of Agriculture.(2) Department--The Texas Department of Agriculture.(3) Urban Public School District--A Texas public school district with an enrollment of at least 49,000 students.(4) Nonprofit organization--A corporation no part of the income of which is distributable to members, directors, or officers.</content><note type="source"><p>Source Note: The provisions of this §1.801 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective September 1, 2011, 36 TexReg 5347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scL/s1.802"><num value="1.802">§1.802</num><heading>Eligibility</heading><content>Subject to available funds, a public elementary or middle school from an urban public school district in the state, or a nonprofit organization that partners with an eligible school, is eligible to receive a grant under this subchapter if the school or nonprofit organization submits to the department a proposal that includes:(1) a description of the proposed project;(2) a schedule of projected costs for the project;(3) a statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture; and(4) if a nonprofit organization is applying for the grant, a statement from the school that the nonprofit organization is partnering with the school.</content><note type="source"><p>Source Note: The provisions of this §1.802 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective August 5, 2001, 26 TexReg 5637; amended to be effective March 18, 2008, 33 TexReg 2287; amended to be effective September 1, 2011, 36 TexReg 5347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scL/s1.803"><num value="1.803">§1.803</num><heading>Selection</heading><content>(a) A review panel appointed by the commissioner shall review grant proposals and make a recommendation to the commissioner for awarding the grants.(b) The review panel shall be composed of the following:(1) one person having experience or expertise in developing elementary and/or middle school curriculum;(2) one representative of the department;(3) one representative of the livestock industry;(4) one representative of the specialty crop industry;(5) one representative of the row crop industry;(6) one representative of the horticulture industry; and(7) one representative of the Texas Agricultural Extension Service.(c) Final selection of grant recipients shall be made by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.803 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective August 5, 2001, 26 TexReg 5637; amended to be effective March 18, 2008, 33 TexReg 2287.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scL/s1.804"><num value="1.804">§1.804</num><heading>Reporting Requirement</heading><content>Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient.</content><note type="source"><p>Source Note: The provisions of this §1.804 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective September 1, 2011, 36 TexReg 5347.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scM"><num value="M">SUBCHAPTER M</num><heading>SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scM/s1.900"><num value="1.900">§1.900</num><heading>Statement of Purpose</heading><content>The Grant program for the distribution of surplus agricultural products is designed to provide funding to eligible nonprofit organizations for collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income individuals.</content><note type="source"><p>Source Note: The provisions of this §1.900 adopted to be effective November 19, 2001, 26 TexReg 9381.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scM/s1.901"><num value="1.901">§1.901</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise.(1) Nonprofit Organization. An organization with an IRS designation as a 501 (c) (3) organization which has been established and is operating for religious, charitable or educational purposes and does not distribute any of its income to its members, directors or officers.(2) Charitable organization. An organization organized for purely benevolent, charitable, educational or religious purpose and not for financial gain.(3) Department. The Texas Department of Agriculture</content><note type="source"><p>Source Note: The provisions of this §1.901 adopted to be effective November 19, 2001, 26 TexReg 9381.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scM/s1.903"><num value="1.903">§1.903</num><heading>Eligibility</heading><content>Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization:(1) has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state;(2) operates a program that coordinates the collection and transportation of surplus agricultural products to a statewide network of food banks that provide food to needy or low-income individuals; and(3) submits to the department in a manner and time prescribed by the Department, a proposal for the collection and distribution of surplus products to food banks or other charitable organizations for use in providing food to needy or low-income individuals.</content><note type="source"><p>Source Note: The provisions of this §1.903 adopted to be effective November 19, 2001, 26 TexReg 9381.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scM/s1.904"><num value="1.904">§1.904</num><heading>Contents of Proposal</heading><content>The proposal submitted to the department in accordance with §1.903 of this title (relating to Eligibility), shall include:(1) a description of how the collection and distribution of surplus products will be accomplished;(2) a schedule of projected costs for the proposal;(3) measurable goals for the proposal;(4) a plan for evaluating the success of the proposal; and(5) any other information requested by the department.</content><note type="source"><p>Source Note: The provisions of this §1.904 adopted to be effective November 19, 2001, 26 TexReg 9381.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scM/s1.905"><num value="1.905">§1.905</num><heading>Reporting Requirements</heading><content>A nonprofit organization that receives a grant under this subchapter must report the results of the project to the Department in a manner prescribed by the Department.</content><note type="source"><p>Source Note: The provisions of this §1.905 adopted to be effective November 19, 2001, 26 TexReg 9381.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scO"><num value="O">SUBCHAPTER O</num><heading>HOME-DELIVERED MEAL GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.950"><num value="1.950">§1.950</num><heading>Purpose</heading><content>This subchapter establishes the requirements for eligible organizations to apply for and obtain grant funds to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability, through the Home-Delivered Meal Grant Program; and establishes the requirements for related nutritional standards, recordkeeping and documentation related to the Program.</content><note type="source"><p>Source Note: The provisions of this §1.950 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.951"><num value="1.951">§1.951</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.(1) Approved Organization--An organization that submitted an application under this subchapter that was subsequently approved by the Department.(2) Department--The Texas Department of Agriculture.(3) Dietary Consultant--A registered dietitian who is licensed by the Texas State Board of Examiners of Dietitians; or a person with a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management, who is currently employed as a dietitian or dietary consultant in a hospital, nursing facility, or school, or home-delivered meal organization, or in private practice.(4) Disability--A physical, mental or developmental impairment, temporarily or permanently limiting an individual's capacity to adequately perform one or more essential activities of daily living, which include, but are not limited to, personal and health care, moving around, communicating, and housekeeping.(5) Elderly--An individual who is 60 years of age or older.(6) Fully Funded--A meal for which home-delivered meal organizations negotiate and sign a contract with the Department of Aging and Disability Services or an area agency on aging, and receive funds, whatever the amount may be, in accordance with applicable state and federal laws and regulations.(7) Grantee--An organization that has received grant funds under this subchapter.(8) Home-delivered meal--Individual sized portions of foods that, in the aggregate, meet 1/3 of the Recommended Dietary Allowance (RDA) of nutrition for adults and the Dietary Guidelines for Americans, or Dietary Reference Intakes (DRIs) as established by the Texas Department of Aging and Disability Services.(9) Homebound--A person who is unable to leave his or her residence without aid or assistance or whose ability to travel from his or her residence is substantially impaired.(10) Organization--A qualifying governmental agency or nonprofit private organization that is exempt from taxation under §501(a), Internal Revenue Code of 1986, as an organization described by §501(c)(3) of that code, which is a direct provider of home-delivered meals to homebound elderly persons or persons with disabilities in this state.(11) Program--The Home-Delivered Meal Grant Program.(12) State Fiscal Year--The period between September 1st of any year and August 31st of the subsequent year.</content><note type="source"><p>Source Note: The provisions of this §1.951 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.952"><num value="1.952">§1.952</num><heading>Administration of the Program</heading><content>(a) The Department annually shall determine:(1) the total amount of money available for grants under this subchapter;(2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and(3) the number of residents at least 60 years of age in each county in this state, according to the most recent federal decennial census.(b) Subject to §1.953 of this title (relating to County Grant Required) and subsection (d) of this section, the Department shall make grants in an amount equal to one dollar for each meal that each Approved Organization delivered to Homebound Elderly persons or persons with a Disability in the county in the preceding State Fiscal Year that was not Fully Funded.(c) The Department shall make grant award not later than February 1 of each calendar year to each Approved Organization. Fifty percent (50%) of such grant awarded shall be allocated and distributed to each Approved Organization on or before February 1 of each calendar year. The remaining fifty percent (50%) of such grant award shall be allocated and distributed to each Approved Organization on or before August 1 of each calendar year. Notwithstanding any other provision of this subchapter, the Department may deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement or section of this subchapter, including, without limitation, failure to:(1) have or utilize adequate intake processes and/or procedures, including intake forms, to qualify individuals as eligible for assistance in accordance with this subchapter;(2) keep and maintain adequate client records, by county, that identify the names, addresses, and telephone numbers of all individuals qualified as homebound or disabled individuals eligible under this subchapter;(3) keep and maintain adequate records that support the total number of home-delivered meals an Approved Organization claims it delivers to homebound or disabled individuals eligible for assistance under this subchapter;(4) keep and maintain adequate records that support the total number of home-delivered meals an Approved Organization claims it delivers in support of its application;(5) keep and maintain adequate records that document meals delivered under this subchapter with identifying information on the recipient of each meal;(6) keep and maintain an accounting system and records in accordance with Generally Accepted Accounting Principals;(7) obtain and comply with all health and other permits required under this subchapter, including failure to keep and maintain adequate records pertaining to such health and other permits;(8) obtain a county grant as required by this subchapter, including failure to keep and maintain adequate records pertaining to such county grant;(9) have a dietary consultant review the dietary content of all menus or meal plans for all meals delivered by an Approved Organization with grant funds awarded under this subchapter, to ensure that those meals meet the Registered Dietary Allowance or Dietary Reference Intakes as required by this subchapter, including failure to keep and maintain adequate records pertaining to such registered dietician, such as name, address, and telephone number;(10) keep and maintain a bank account in the name of the Approved Organization, including failure to keep and maintain adequate records pertaining to such bank account; or(11) keep and maintain adequate records of all expenses that an Approved Organization claims are allowable expenses under this subchapter.(d) Except as provided by §1.953 of this title, and subsections (b) and (f) of this section, grants from the Department to Approved Organizations in a county in a State Fiscal Year may not exceed an amount determined by the following formula: CR x (TD/SR), where "CR" is the number of residents at least 60 years of age in the county; "TD" is the total amount of money appropriated to the Department for that State Fiscal Year to make grants, less the Department's administrative expenses; and "SR" is the number of residents at least 60 years of age in this state.(e) If more than one "Approved Organization" delivers meals in a county, the Department shall reduce the grants proportionally to each qualifying organization in that county so that the total amount of the grants to the organizations does not exceed the amount described by subsection (d) of this section.(f) If the total amount of the grants made statewide by the Department under subsection (b) of this section is less than the amount appropriated to fund the program under this section in a State Fiscal Year, the Department shall use the unspent funds to proportionally increase the grants to each Approved Organization.(g) The Department may use up to five percent of the appropriated funds for administration of the program.</content><note type="source"><p>Source Note: The provisions of this §1.952 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.953"><num value="1.953">§1.953</num><heading>County Grant Required</heading><content>(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county.(b) A county may make a grant to more than one Organization in the county.(c) If the county makes a grant to one or more Organizations in an amount that is less than 25 cents for each person at least 60 years of age who resides in the county, according to the most recent federal decennial census, the maximum amount the Department may provide to Organizations in the county is reduced to an amount in proportion to the amount by which the county grant is less than 25 cents for each elderly resident.</content><note type="source"><p>Source Note: The provisions of this §1.953 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.954"><num value="1.954">§1.954</num><heading>Eligibility for Grant</heading><content>An Organization is eligible to receive a grant under this subchapter if it:(1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability;(2) (if a nonprofit private organization) has a volunteer board of directors;(3) practices nondiscrimination;(4) has an accounting system or fiscal agent approved by the county where it provides meals;(5) has a system to prevent the duplication of services to clients;(6) has received a grant from the county in which the Organization is delivering meals, in accordance with §1.953 of this title (relating to County Grant Required);(7) has submitted an application in accordance with §1.955 of this title (relating to Application); and(8) agrees to use funds received under this subchapter only to supplement or extend existing home-delivered meal services.</content><note type="source"><p>Source Note: The provisions of this §1.954 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.955"><num value="1.955">§1.955</num><heading>Application</heading><content>(a) The application shall be in a form prescribed by the Department, in accordance with this subchapter.(b) The application submitted to the Department in accordance with §1.954 of this title (relating to Eligibility for Grant), shall:(1) be notarized and signed by the Organization's executive director and board chair, if applicable;(2) be postmarked not later than November 1;(3) include the following information:(A) the Organization's name and address;(B) the names and titles of the Organization's executive director and board chair, if applicable;(C) the name of the county in relation to which the Organization is applying;(D) the number of residents at least 60 years of age who reside in that county, according to the most recent federal decennial census;(E) the amount of the grant awarded by that county, as required by §1.954 of this title;(F) the total number of meals the Organization delivered to Elderly persons or persons with a Disability in that county during the preceding State Fiscal Year including those that were not Fully Funded;(G) the Organization's most recent financial statement or audited financial report;(H) a list of the Organization's board and officers;(I) appropriate documentation demonstrating that the Organization:(i) is a qualifying governmental agency or nonprofit private organization;(ii) has been awarded a grant by the county for the provision of home-delivered meals to the homebound elderly and disabled in that county; and(iii) has delivered the number of meals reported under subsection (a)(3)(F) of this section; and(J) any other information the Department determines necessary.(c) An Organization that applies for a grant for meals delivered in more than one county must submit a separate application for each county in which the Organization delivers meals.</content><note type="source"><p>Source Note: The provisions of this §1.955 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.956"><num value="1.956">§1.956</num><heading>Nutritional Standards</heading><content>Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas Department of Aging and Disability Services, the Dietary Reference Intakes (DRI) as and when established by the Texas Department of Aging and Disability Services. The approval must occur and be documented prior to the date the meal is served.</content><note type="source"><p>Source Note: The provisions of this §1.956 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.957"><num value="1.957">§1.957</num><heading>Compliance with Laws and Regulations</heading><content>A Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall comply with applicable Texas Department of State Health Services rules.</content><note type="source"><p>Source Note: The provisions of this §1.957 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.958"><num value="1.958">§1.958</num><heading>Service Requirements</heading><content>Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must provide such meal in accordance with the service requirements outlined in Title 40 Texas Administrative Code, §55.27(a) and (c), or other applicable local, state or federal regulations relating to the delivery, transportation, packaging of home-delivered meals, or the handling of undelivered meals.</content><note type="source"><p>Source Note: The provisions of this §1.958 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.959"><num value="1.959">§1.959</num><heading>Eligibility of Persons Served</heading><content>Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must document that persons receiving a meal funded under this subchapter are Homebound Elderly persons or Homebound persons with a Disability as defined in §1.951 of this title (relating to Definitions).</content><note type="source"><p>Source Note: The provisions of this §1.959 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.960"><num value="1.960">§1.960</num><heading>Permitted Use of Grant Funds</heading><content>The expenditure of grant funds by a Grantee shall be documented and used only to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability. Permissible expenditures include, but are not limited to, food costs and related preparation and packaging expenses, gasoline, and other operational costs, but shall not be used for the purchase of capital assets.</content><note type="source"><p>Source Note: The provisions of this §1.960 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.961"><num value="1.961">§1.961</num><heading>Recordkeeping and Record Retention</heading><content>(a) Grantees shall maintain documentation as required by the Department to verify that individuals who receive meals paid for or delivered in part with grant funds received under this subchapter each qualify as a Homebound Elderly person or Homebound person with a Disability. Such documentation may be records already maintained by eligible organizations that receive federal or state funding, or other documentation maintained in accordance with Program guidelines as may be established by the Department.(b) Grantees shall submit reports and documentation as required by the Department to verify that expenditures made are directly related to supplementing and extending existing home-delivered meal services to Homebound Elderly persons and Homebound persons with a Disability, including documentation of the eligibility of persons receiving Home-delivered meals.(c) Grantee shall retain all financial records, supporting documents, statistical records, and all other records relating to any grant funds received pursuant to this subchapter and expenditures of funds in conformity with federal and state regulations and generally accepted accounting principles.(d) Records described in this section shall be maintained for the retention period in accordance with the records retention schedule established by the Department and approved by the Texas State Library and Archive Commission.(e) All of the records described in subsections (a) and (b) of this section shall be maintained indefinitely if audit findings or other disputes or litigation have not been resolved. Grantees with multiple locations may maintain all records at a designated central location (i.e., administrative headquarters) for purposes of this section.</content><note type="source"><p>Source Note: The provisions of this §1.961 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scO/s1.962"><num value="1.962">§1.962</num><heading>Access to Grantee Records</heading><content>Grantee shall permit the Department and any other authorized governmental entity, through any authorized representatives, the access to and right to examine all records, books, papers, contracts, or other documents, including permits, related to grant funds received pursuant to this subchapter.</content><note type="source"><p>Source Note: The provisions of this §1.962 adopted to be effective September 11, 2007, 32 TexReg 6127.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scQ"><num value="Q">SUBCHAPTER Q</num><heading>PURCHASING PROTEST PROCEDURES</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scQ/s1.1100"><num value="1.1100">§1.1100</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.(1) Deputy Commissioner--The Deputy Commissioner of the Texas Department of Agriculture.(2) Interested Parties--All vendors who have submitted bids or proposals for the provision of goods or services to the Texas Department of Agriculture.(3) Office of General Counsel--The Office of the General Counsel for the Texas Department of Agriculture.(4) Responsible Individual--The Procurement and Contract Director (Director) or equivalent person who is responsible for the supervision of procurement and purchasing staff, or, only in the event of an absence of the Director or equivalent person from work as a result of death, disability, incapacity or illness, the person designated by the Deputy Commissioner, in consultation with the Chief Financial Officer, to review and make a determination on the protest, as applicable.</content><note type="source"><p>Source Note: The provisions of this §1.1100 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scQ/s1.1101"><num value="1.1101">§1.1101</num><heading>Filing a Protest; Effect</heading><content>(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual.(b) A formal protest must be made in writing and received by the Responsible Individual within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested.(c) Formal protests must conform to the requirements of this subchapter, and will be resolved through use of the procedures that are described in this subchapter. The protesting party must mail or deliver copies of the protest to the Department and other interested parties. Protests may be mailed to Texas Department of Agriculture, Attn: Procurement & Contract Director, P.O. Box 12847, Austin, TX 78711, or delivered to the Department's headquarters at 1700 N. Congress Ave, 11th Floor, Austin, TX 78701.(d) In the event of a timely protest under this section, the Responsible Individual will notify the Chief Financial Officer, General Counsel, and Deputy Commissioner of receipt of a protest under this subchapter. The Department will suspend further processing of the solicitation or award of the contract that forms the basis of the protest unless the Commissioner or Deputy Commissioner, in consultation with the using division and Office of General Counsel, makes a written determination that the contract must be awarded without delay, to protect the best interests of the Department.(e) A formal protest must be sworn and contain:(1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated;(2) a specific description of each action by the Department that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified pursuant to paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) a statement of any issues of law or fact that the protesting party contends must be resolved;(5) a statement of the argument and authorities that the protesting party offers in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties.(f) Absent a written determination under subsection (d) of this section, the Department may not proceed with the solicitation or award of the contract until the protest is denied or resolved by mutual written agreement.</content><note type="source"><p>Source Note: The provisions of this §1.1101 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scQ/s1.1102"><num value="1.1102">§1.1102</num><heading>Disposition of Protests by the Responsible Individual</heading><content>(a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual will review the protest. The Responsible Individual may request written responses to the protest from any staff of the Department and may request from the Department staff any and all documents related to the protest. The Responsible Individual may solicit written responses to the protest from other interested parties.(b) The Responsible Individual has the authority, prior to appeal to the Commissioner or Deputy Commissioner, to settle and resolve the dispute over the solicitation or award of a contract.(c) If the protest is not resolved by mutual written agreement, the Responsible Individual shall issue a written determination regarding the protest within thirty (30) calendar days of receipt of a timely protest that conforms with this subchapter. The Responsible Individual shall consult with the Chief Financial Officer and the Office of General Counsel prior to issuing a written determination on the protest.(d) The Responsible Individual shall inform the protesting party, Deputy Commissioner, and other interested parties of the written determination, denying or sustaining the protest, in whole or in part, setting forth the reasons for the determination. The written determination may set forth any appropriate remedial action, including a decision that:(1) requires all or any portion of the solicitation or award of the contract to be rebid or repurchased;(2) limits or shortens the term of any existing contract and requires rebid or repurchase of the procurement; or(3) cancels or declares the contract void, and requires rebid or repurchase of the procurement.(e) A protest that is not timely filed with the Responsible Individual will not be considered unless good cause for delay is shown and the Commissioner or Deputy Commissioner, in consultation with the Office of General Counsel, determines that the protest raises issues that are significant to Department procurement practices or procedures in general.(f) Unless a protesting party or interested party timely files an appeal pursuant to §1.1103 of this subchapter (relating to Appeal), the written determination of the Responsible Individual is the final administrative action of the Department.</content><note type="source"><p>Source Note: The provisions of this §1.1102 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scQ/s1.1103"><num value="1.1103">§1.1103</num><heading>Appeal</heading><content>(a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal must be submitted in writing and received by the Commissioner's office no later than ten working days after the date of the Responsible Individual's determination. If an appeal is not timely submitted as provided under this subsection, the written determination of the Responsible Individual is the final administrative action of the Department.(b) Upon receipt of a timely appeal that conforms with the requirements of this subchapter, the Commissioner or Deputy Commissioner may designate an employee of the Department to review the protest, the determination made by the Responsible Individual, and the appeal of the Responsible Individual's determination. The designee will prepare and submit to the Commissioner or Deputy Commissioner a written recommendation regarding the appeal within five working days of the designation.(c) In making a final determination, the Commissioner or Deputy Commissioner will consider only the written determination of the Responsible Individual, those materials or pleadings submitted to the Responsible Individual, and, if applicable, the written recommendation made by a designated employee. No further arguments, authorities, documents, or pleadings shall be filed with the Commissioner or Deputy Commissioner.(d) The Commissioner or Deputy Commissioner will issue a final written determination of the appeal, denying or sustaining the protest, in whole or in part, which shall be the final administrative action of the Department.</content><note type="source"><p>Source Note: The provisions of this §1.1103 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scQ/s1.1104"><num value="1.1104">§1.1104</num><heading>Recordkeeping</heading><content>The Department will maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Department's records retention schedule.</content><note type="source"><p>Source Note: The provisions of this §1.1104 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scQ/s1.1105"><num value="1.1105">§1.1105</num><heading>Applicability of Subchapter</heading><content>This subchapter does not apply to grant awards made by the Department, or any grant programs administered by the Department.</content><note type="source"><p>Source Note: The provisions of this §1.1105 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c1/scR"><num value="R">SUBCHAPTER R</num><heading>ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1200"><num value="1.1200">§1.1200</num><heading>Statement of Purpose</heading><content>The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain area of the state before a pest or disease becomes established or an infestation of a pest or outbreak of a disease becomes too large and costly to eradicate or control.</content><note type="source"><p>Source Note: The provisions of this §1.1200 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1201"><num value="1.1201">§1.1201</num><heading>Administration</heading><content>(a) The department shall administer the ZAPD Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E, subject to the availability of funds.(b) The department shall approve a standard grant application for each grant cycle. The request for grant applications, standard application form, and related guidance materials for the ZAPD grant shall state, as appropriate, the purpose of the grant program, eligibility criteria, information identified by department as required for funding consideration, selection criteria, due date for submission of applications, and estimated award date.(c) The department, in consultation with the State Seed and Plant Board and other interested parties, as defined in Texas Agriculture Code, §71.201(3), shall review submitted applications according to the published selection criteria in the request for grant application and make funding recommendations to the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.1201 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1202"><num value="1.1202">§1.1202</num><heading>Eligibility</heading><content>An institution of higher education, as defined in Texas Education Code, Section 61.003, that agrees to conduct plant pest and disease detection and surveillance, is eligible to apply for a grant under this chapter if the department determines that:(1) the institution of higher education is in a region of this state that has a high risk of being affected by one or more plant pests or diseases based on:(A) the region's conduciveness to agricultural pest and disease establishment due to location, agricultural commodities produced, climate, crop diversity, or natural resources, or(B) the department's determination that an agricultural pest or disease in the region is a matter of state or federal concern; and(2) the proposed grant project will likely:(A) prevent the introduction, establishment, or widespread dissemination of plant pests and diseases; and(B) provide a comprehensive approach to complement federal and state plant pest and disease detection efforts.</content><note type="source"><p>Source Note: The provisions of this §1.1202 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1203"><num value="1.1203">§1.1203</num><heading>Use of Grant Funds</heading><content>The expenditure of grant funds by a grant recipient shall be documented and the funds used only for activities directly related to the purpose of the ZAPD Grant Program.</content><note type="source"><p>Source Note: The provisions of this §1.1203 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1204"><num value="1.1204">§1.1204</num><heading>Filing Requirements; Consideration of Project Requests; Grant Awards</heading><content>(a) Applications must be submitted in the manner specified in the request for grant applications and in accordance with this subchapter.(b) Eligible applicants shall submit a project request in the format prescribed by the department in the request for grant applications issued for the ZAPD Grant Program. Project requests must describe the project activities to be carried out, propose budget expenditures, reflect an estimated timeline for completion of activities, and include any other information required by the department.(c) Maximum grant amounts for project awards shall be published in the request for grant applications.</content><note type="source"><p>Source Note: The provisions of this §1.1204 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1205"><num value="1.1205">§1.1205</num><heading>Late or Ineligible Applications</heading><content>(a) The department shall not consider applications submitted after the published due date unless the deadline has been revised for all applicants.(b) The department will perform an administrative review to determine applicant eligibility and responsiveness to the request for grant applications.(c) Applications submitted by ineligible applicants will not receive funding consideration.(d) Applications that are not fully responsive to the request for grant applications will not be considered during the competitive review process.(e) Determinations of late or ineligible applications are final and not subject to an appeal process.</content><note type="source"><p>Source Note: The provisions of this §1.1205 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c1/scR/s1.1206"><num value="1.1206">§1.1206</num><heading>Reporting Requirements</heading><content>Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient.</content><note type="source"><p>Source Note: The provisions of this §1.1206 adopted to be effective September 19, 2023, 48 TexReg 5137.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c2"><num value="2">CHAPTER 2</num><heading>LICENSING</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c2/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c2/scA/s2.1"><num value="2.1">§2.1</num><heading>Application for a License</heading><content>(a) An application is not an agency request for information for any purpose under the Texas Government Code, the Texas Agriculture Code, or this chapter.(b) If information requested on an agency application form or other materials is not expressly identified as optional or in the alternative, the information is required.(c) An applicant for an initial license or renewal of a license shall submit to the department in a timely fashion all application forms, bonds, tests, data, fees, and other material required to precede the issuance of such initial license or renewal license.(d) Any application for a license that does not include all such required forms and materials, or which includes forms or other materials that contain deficient information or on which required information is missing, may be determined to be an incomplete application.(e) An incomplete application shall become void on the one-year anniversary of its submission. A void application will not be processed and any application fee associated with the void application shall not be refunded. This action is not a denial of a license for any purpose under the Texas Government Code, the Texas Agriculture Code, or this chapter.(f) The department shall within 15 days after receipt of the first application form:(1) if the application is complete and correct and the applicant is eligible and meets all the requirements for the license, issue a license;(2) if the application is complete and a determination regarding the issuance of a license will be delayed beyond 15 days, send the applicant a written notice stating that the application is complete and accepted and that a determination regarding issuance of the license will be delayed and the time period within which a determination will be made;(3) if the application is incomplete, send the applicant a written notice stating that the application is incomplete and specifying the information that is missing or deficient; or(4) if the applicant is ineligible or otherwise does not meet the requirements for licensing, send the applicant a written notice stating that the applicant is ineligible or does not meet the requirements for licensing and specifying the reasons why the applicant is ineligible or does not meet the requirements for licensing.(g) An applicant may contest the department's failure to comply with the time periods established in subsection (f) of this section by filing a notice of protest:(1) within 15 days after the date of a notice sent under subsection (f)(2) of this section; or(2) within 30 days after the date the application was submitted, if the applicant fails to receive a notice under subsection (f) of this section or a license.(h) If notice of protest is timely filed and the commissioner determines that the specified time periods for processing under subsection (f) of this section have been exceeded and that good cause does not exist for exceeding those time periods, the license or permit filing fee shall be reimbursed in full to the applicant. The term "good cause" as used in this subsection has the meaning specified in the Texas Government Code, §2005.004.(i) If timely and sufficient application for the renewal of a license is not made, the department may terminate the effectiveness of such license at the end of its stated term without notice or opportunity for a hearing.</content><note type="source"><p>Source Note: The provisions of this §2.1 adopted to be effective May 30, 2010, 35 TexReg 4146; amended to be effective December 29, 2024, 49 TexReg 10337.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c2/scA/s2.3"><num value="2.3">§2.3</num><heading>Payment of Required License Fees</heading><content>(a) All required fees must be paid in order to obtain a valid license, including a renewal license, from the department.(b) Any license issued by the department is void and of no effect if based upon a check that is later returned for insufficient funds, closed account, or other reason, regardless of whether the department notifies the applicant of the insufficiency of payment or the invalidity of the license.(c) It is the applicant's responsibility to ensure that all licensing fees are paid in valid U.S. funds.</content><note type="source"><p>Source Note: The provisions of this §2.3 adopted to be effective December 23, 1999, 24 TexReg 11257.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c2/scA/s2.4"><num value="2.4">§2.4</num><heading>Notification of Change of Address</heading><content>(a) All licensees are required to notify the department in writing within 10 days of any change of address.(b) It is the licensee's responsibility to maintain a valid, current address with the department.</content><note type="source"><p>Source Note: The provisions of this §2.4 adopted to be effective December 23, 1999, 24 TexReg 11257; amended to be effective August 10, 2005, 30 TexReg 4472.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c2/scB"><num value="B">SUBCHAPTER B</num><heading>CONSOLIDATED LICENSES</heading><section identifier="/us/state/tx/tac/t4/p1/c2/scB/s2.11"><num value="2.11">§2.11</num><heading>License Specifications</heading><content>(a) The department may issue a consolidated license to a person who holds multiple licenses, certifications, and/or registrations issued by the department on the submission of completed application forms for the component licenses and submission of the appropriate fee. The department shall not issue a consolidated license unless and until the applicant fulfills all of the prerequisites for each of the component licenses.(b) A consolidated license authorizes each of the activities of the component licenses.(c) Application/Renewal.(1) An applicant for an initial consolidated license shall pay the licensing fee prior to the issuance of the license. The department will prorate the fee for a new consolidated license to coincide with the expiration date of the license.(2) An applicant for the renewal of a consolidated license shall pay the license fee on or before the expiration date of the license. A person who fails to submit a renewal fee on or before the expiration date of the license shall pay, in addition to the renewal fee, the late fee provided by the Texas Agriculture Code, §12.024. If a person's license has been expired for one year or longer, the person may not renew the license but must comply with the requirements and procedure for obtaining an original license.(d) Expiration. A consolidated license will expire on the last day of the month corresponding to the license anniversary date.</content><note type="source"><p>Source Note: The provisions of this §2.11 adopted to be effective April 23, 1998, 23 TexReg 3821; amended to be effective December 21, 2005, 30 TexReg 8425.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c2/scB/s2.12"><num value="2.12">§2.12</num><heading>Fees</heading><content>(a) Except as provided by subsection (b) of this section, the fee for a consolidated license equals the sum of the fees for each component license encompassed by the consolidated license.(b) The department may adjust the fee for a consolidated license to reflect the economic efficiency gained by the department through the operation of a consolidated license program.</content><note type="source"><p>Source Note: The provisions of this §2.12 adopted to be effective April 23, 1998, 23 TexReg 3821.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c2/scB/s2.13"><num value="2.13">§2.13</num><heading>Inspections</heading><content>Where practicable, the department may combine all inspections required for each of the component licenses into a single inspection.</content><note type="source"><p>Source Note: The provisions of this §2.13 adopted to be effective April 23, 1998, 23 TexReg 3821.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c2/scB/s2.14"><num value="2.14">§2.14</num><heading>License Sanctions</heading><content>If the holder of a consolidated license violates a rule or statute authorizing any of the component licenses encompassed by the licensee's consolidated license, the department may seek license sanctions on the consolidated license as prescribed by the Texas Agriculture Code, §12.0201.</content><note type="source"><p>Source Note: The provisions of this §2.14 adopted to be effective April 23, 1998, 23 TexReg 3821.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c3"><num value="3">CHAPTER 3</num><heading>BOLL WEEVIL ERADICATION PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scA"><num value="A">SUBCHAPTER A</num><heading>ELECTION PROCEDURES</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.1"><num value="3.1">§3.1</num><heading>Voter Eligibility</heading><content>(a) A cotton grower is the person defined in the Texas Agriculture Code, §74.102(5). A cotton grower is eligible to vote if the grower grows cotton in a boll weevil eradication zone or area in which a referendum is being held and receive direct income from the sale of cotton in the crop year in which the referendum is being held. This eligibility requirement will be determined from the official list of the Texas office of the United States Department of Agriculture Farm Service Agency (FSA) of operators or crop-sharing landlords who planted cotton in the zone or area in which a referendum is being held in the crop year in effect at the time of the referendum. Each entity so identified by the FSA is entitled to vote the number of acres it farms in referenda where voting acreage is required to be considered. In referenda where acreage is not required to be considered, the same entities identified by the FSA are eligible to vote only once in each zone referendum and/or Texas Boll Weevil Eradication Foundation (foundation) board election. For example, if "Smith Farms" certifies cotton acreage with the FSA and receives income as "Smith Farms," then the entity "Smith Farms" is entitled to a vote. If John Smith is the president or agent for "Smith Farms," he would have the authority to vote for that entity. If John Smith also has a separate farming entity under his individual name and receives direct cotton income, he too would be eligible to vote his respective acreage separate from "Smith Farms." In the event a grower or entity meets all other eligibility requirements, but does not certify cotton acreage with FSA in the crop year in which the referendum is held, voter eligibility can be established by providing a copy of a gin receipt or foundation assessment bill for the crop year being voted in order to obtain a ballot.(b) A cotton grower eligible to vote in an eradication zone referendum is also entitled to elect board members to represent the eradication zone in which the grower's cotton production occurs.(c) If a cotton grower has production in more than one zone, the grower may vote in each zone in which the grower meets the eligibility requirements for voting provided at subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §3.1 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective December 31, 1993, 18 TexReg 9754; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.2"><num value="3.2">§3.2</num><heading>Board Candidates</heading><content>(a) A representative number of members to the foundation's board of directors shall be elected from each established eradication zone for a term not to exceed four years.(b) In order to be a candidate for board membership, a person must be eligible to vote in the referendum, must reside in the eradication zone that the person is seeking to represent and have at least seven years cotton growing experience.(c) In order to have a person's name put on the ballot, that person must file with the department, at least 30 days prior to the date of the election, a petition signed by ten eligible voters within the eradication zone to be represented. The form for the petition is to be provided by the department.(d) If only one candidate files the petition described by subsection (c) of this section, the election for that board position is not held, and the unopposed candidate, if otherwise eligible, shall be declared elected to the board at the time the ballots would have otherwise been canvassed.(e) An eligible voter may vote for a cotton grower whose name does not appear on the ballot by writing that person's name and county of residence on the ballot.(f) Board candidates are elected by plurality, by receiving the highest number of votes of all candidates for that board position.</content><note type="source"><p>Source Note: The provisions of this §3.2 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective November 24, 1997, 22 TexReg 11081; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.3"><num value="3.3">§3.3</num><heading>Conduct of Elections; Notice</heading><content>(a) The election of Texas Boll Weevil Eradication Foundation (foundation) board members from each proposed eradication zone shall be held concurrently with the eradication zone referendum or referenda.(b) The department may conduct an assessment referendum or referenda either in conjunction with a board election and eradication zone referendum or referenda or at a time subsequent to the initial board election and referendum or referenda.(c) A board election and referendum or referenda conducted under the Texas Agriculture Code, Chapter 74, Subchapter D and this chapter must be preceded by at least 45 days' notice published in one or more newspapers published and distributed throughout the proposed or established eradication zone or zones, or area proposed to be added or transferred. The notice shall be published not less than once a week for three consecutive weeks. In addition, direct written notice of the election shall be given to each county extension agent of the Texas A&M AgriLife Extension Service (Extension Service) in the eradication zone or zones or area proposed to be added or transferred at least 45 days before the date of the election, referendum, or referenda.(d) Notice provided in accordance with subsection (c) of this section shall include:(1) the date of the election;(2) the manner in which the election is to be conducted (i.e., by mail balloting);(3) the purpose of the election and/or referendum;(4) if appropriate, information regarding the election of board members, including how to get on the ballot;(5) if an assessment referendum is being conducted, the maximum assessment to be paid by cotton growers having production in the eradication zone and the time for which the assessment will be collected;(6) who to contact for more information; and(7) if a referendum includes a proposition for approval of a third party contractor to carry out an eradication program, in accordance with the Code, §74.124, the name of the proposed contracting party.(e) A referendum and/or board election conducted under the Code, Chapter 74, Subchapter D, and this chapter shall be conducted by mail ballot, with ballots returned by mail to the headquarters of the department.(f) No ballot will be valid if postmarked after midnight on the last day for voting in the board election, referendum, or referenda.(g) An eligible voter who has not received a ballot from the department, foundation or another source may request a ballot by mail by calling the department headquarters or by contacting the Extension Service office in a county within the eradication zone or proposed eradication zone, or other governmental office designated by the department.(h) Instructions for county extension agents and voters will be available in each election from the department.</content><note type="source"><p>Source Note: The provisions of this §3.3 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective November 24, 1997, 22 TexReg 11081; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.4"><num value="3.4">§3.4</num><heading>Ballots</heading><content>(a) To be considered valid, a ballot must bear a voter's signature and title.(b) Ballots shall be sent with prepaid return postage.</content><note type="source"><p>Source Note: The provisions of this §3.4 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective December 31, 1993, 18 TexReg 9754; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective November 24, 1997, 22 TexReg 11081; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.5"><num value="3.5">§3.5</num><heading>Canvassing of Ballots</heading><content>(a) Ballots in all board elections and referenda will be counted at the headquarters of the department by a canvassing committee appointed by the commissioner.(b) In all elections, results will be certified by the canvassing committee and submitted to the commissioner of agriculture for verification.(c) Votes will be tabulated and recorded by eradication zone, or if concerning an area being added to a zone, the area specified in the petition submitted to the department, with the following tabulations recorded for each zone or area:(1) total number of valid ballots;(2) total number of invalid ballots;(3) total votes for each proposition;(4) total votes against each proposition;(5) percentage voting for each proposition;(6) if applicable, total cotton acreage in the zone or area;(7) if applicable, total cotton acreage voting for each proposition;(8) if applicable, total cotton acreage voting against each proposition;(9) if applicable, percentage of cotton acreage voting for each proposition; and(10) if applicable, total votes for each board candidate including write-ins.(d) Upon completion of canvassing of the ballots, the ballots and other canvassing materials shall be stored at the department's offices located in Austin for a period of 30 days. Thereafter, the ballots and other canvassing materials shall be destroyed.</content><note type="source"><p>Source Note: The provisions of this §3.5 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective December 31, 1993, 18 TexReg 9754; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.6"><num value="3.6">§3.6</num><heading>Approval of Eradication Zones, Assessment Rates, Board Elections</heading><content>(a) A referendum to establish an eradication zone, to establish an eradication program in an existing eradication zone, to add a county or area to an existing eradication zone, to transfer an area or county from one statutory eradication zone to another, to discontinue the program in an eradication zone, or to set an assessment rate must pass by a favorable vote of at least two-thirds of those voting on the referendum or a favorable vote of growers who farm more than 50% of the total acreage of cotton in the relevant eradication zone or area. The total acreage of cotton in each zone or area shall be determined by use of the latest available figures from the Texas office of the United States Department of Agriculture Farm Service Agency.(b) A retention referendum conducted under the Texas Agriculture Code (Code), §74.114, and a referendum or proposition included in a referendum to approve use of a third-party contractor to carry out an eradication program, must pass by majority vote of growers voting.(c) If an eradication zone or program establishment, assessment, or retention referendum conducted under the Code, §74.114, is not approved, the department may not conduct another referendum in the same area on that same issue before one year after the date of the election on the failed referendum. In addition, if an eradication zone is not established or is discontinued, any concurrent board member election has no effect, and the commissioner shall appoint a board member to represent the eradication zone in which the election was held.(d) If a discontinuation referendum conducted under the Code, §74.112, is not approved, no such referendum may be held within two years of any other referendum in the eradication zone pertaining to establishing or discontinuing the eradication zone.(e) After the commissioner has certified the referendum and board election and issued certificates of election to any elected board members, those members may act in accordance with the powers provided to them by the Code, Chapter 74, Subchapter D.</content><note type="source"><p>Source Note: The provisions of this §3.6 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective December 31, 1993, 18 TexReg 9754; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective November 24, 1997, 22 TexReg 11081; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.7"><num value="3.7">§3.7</num><heading>Payment of Eradication Zone Debt upon Discontinuation</heading><content>If cotton growers voting in a retention referendum conducted under the Texas Agriculture Code (Code), §74.114, or a recall referendum conducted under the Code, §74.112, approve discontinuation of the eradication program in an eradication zone, all debts of the eradication zone shall be repaid. Assessments shall continue annually on any grower planting cotton in the eradication zone in subsequent years until all debts of the eradication zone are paid.</content><note type="source"><p>Source Note: The provisions of this §3.7 adopted to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.10"><num value="3.10">§3.10</num><heading>Petitions To Add an Area or County To an Existing Eradication Zone or To Transfer an Area or County in One Eradication Zone to Another Eradication Zone</heading><content>(a) Parties wishing to petition for addition or movement into an eradication zone shall notify the commissioner of their intent in writing. The notice shall include:(1) a geographic description of the proposed area to be added or moved;(2) information sufficient for the commissioner to determine whether or not cotton production has begun or could begin in the proposed area;(3) information sufficient for the commissioner to determine whether or not the proposed area is adjacent to an eradication zone or is in an area with biological characteristics similar to the eradication zone to which the area is requesting to be added or moved; and (4) any other pertinent information on the eradication zone to which the area would be moved or added.(b) The department shall develop and make available a petition form for the party conducting the petition drive. The completed form must include:(1) certification by the person signing the petition that the person is an eligible cotton grower or a representative with the authority to sign for the grower in the area proposed to be added or moved by having cotton production in the area proposed to be added or moved or sharing in the proceeds of cotton production in the current crop year;(2) the complete name and address of the eligible cotton grower; and(3) the date signed.(c) Only one signature or petition form per grower may be gathered.(d) Signatures that are dated before the date the petition process starts are invalid. (e) Grower eligibility to sign a petition shall be determined as follows.(1) If the petitioning process commences prior to or after traditional cotton production in the area, the immediately preceding cotton crop year information as maintained by the United States Department of Agriculture Farm Service Agency (FSA) determines eligibility for having a grower's name on the petition.(2) If a petition drive crosses crop years, the commissioner shall use the most current complete eligible list of growers in the area proposed to be added or moved as maintained by the FSA, and shall notify the petitioning party of the appropriate date when the eligibility list changes. Thus, if a grower farmed in a year other than the year determined to be the eligible year, that signature or petition form will not be valid.(f) Upon receipt of the notice of intent to petition, the department shall notify the petitioning party of the eligible voter/grower list that will be used to determine if the total number of grower signatures or petition forms gathered meets or exceeds 30% of growers in the petitioning area, as required by the Texas Agriculture Code (Code), §74.108(b).(g) Completed petitions may be filed with the department either by sending them to the department by certified mail, returned receipt requested, or by hand-delivery to the department's headquarters in Austin. The filing date of the petition shall be the date the petition is actually received by the department. Signatures may not be added to or withdrawn from a petition, once filed with the department.(h) The petitioning party must certify that the documents submitted to the department for review have been alphabetized, if on individual petition forms, and that they have been screened to eliminate possible duplicates. In addition, the petitioning party must attest in an affidavit that all signatures are valid according to the agreed upon eligibility list. If, upon review, greater than 10% of signatures or petition forms are not in compliance with this section, the petition will be deemed null and void and will be rejected. (i) Once a petition is received by the department, department staff shall review the petition for compliance with the 30% requirement. The commissioner, at the commissioner's discretion, may appoint a committee to review the petition.(j) Within 21 days of receipt of the petition, the department shall notify the petitioning party of a decision, and, if appropriate, file for publication in the Texas Register a proposed rule adding or moving the area, and set a hearing in the area to take public comment on the rule, if the commissioner deems appropriate. Once the required period for public comment on the proposed rule has passed, the commissioner may adopt a rule adding or moving an area, and may hold a grower referendum, if appropriate.(k) If a referendum of growers is held, the department shall conduct the referendum to add or move an area or county in the same manner as other referenda conducted under the Code, Chapter 74, Subchapter D and this subchapter.(l) If growers approve an area being added or moved to an existing eradication zone, all cotton growers in the proposed area will become part of the amended eradication zone and be subject to assessment and other participation requirements for that eradication zone.</content><note type="source"><p>Source Note: The provisions of this §3.10 adopted to be effective November 24, 1997, 22 TexReg 11082; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scA/s3.11"><num value="3.11">§3.11</num><heading>Petitions Requesting a Recall Referendum</heading><content>(a) Parties wishing to petition for a recall referendum in an eradication zone shall notify the commissioner of their intent in writing. No recall referendum may be held in an eradication zone in which a recall or establishment referendum has been held within the preceding two years. If the two-year prohibition period applies, a petition drive conducted under this section may begin no sooner than nine months before the expiration of the two-year period.(b) The department shall develop and make available a petition form for the party conducting the petition drive. The completed form must include:(1) certification by the person signing the petition that the person is an eligible cotton grower or a person with the authority to sign for the grower in the eradication zone by having cotton production or sharing in the proceeds of cotton production in the current crop year;(2) the complete name and address of the eligible cotton grower; and(3) the date signed.(c) Only one signature or petition form per grower may be gathered.(d) Signatures that are dated before the date the petition process starts or the date allowed for the petitioning process to begin, in accordance with subsection (a) of this section, are invalid.(e) Grower eligibility to sign a petition shall be determined as follows.(1) If the petitioning process commences prior to or after traditional cotton production in the eradication zone, the immediately preceding cotton crop year information as maintained by the United States Department of Agriculture Farm Service Agency (FSA) determines eligibility for having a grower's name on the petition.(2) If a petition drive crosses crop years, the commissioner shall use the most current eligible list of growers as maintained by the FSA, and shall notify the petitioning party of the appropriate date when the eligibility list changes. Thus, if a grower farmed in a year other than the year determined to be the eligible year, that signature or petition form will not be valid.(f) Upon receipt of the notice of intent to petition, the department shall notify the petitioning party of the eligible voter/grower list that will be used to determine if the total number of grower signatures or petition forms meets or exceeds 30% of growers in the zone, as required by the Texas Agriculture Code (Code), §74.112(f).(g) Completed petitions may be filed with the department either by sending to the department by certified mail, return receipt requested, or by hand-delivery to the department's headquarters in Austin. The filing date of the petition shall be the date the petition is actually received by the department. Signatures may not be added to or withdrawn from a petition, once filed with the department.(h) The petitioning party must certify that the documents submitted to the department for review have been alphabetized, if on individual petition forms, and that they have been screened to eliminate possible duplicates. In addition, the petitioning party must attest in an affidavit that all signatures are valid according to the agreed upon eligibility list. If, upon review, greater than 10% of the signatures or petition forms are not in compliance with this section, the petition will be deemed null and void and will be rejected.(i) Once a petition is received by the department, department staff shall review the petition for compliance with the 30% requirement. The commissioner, at the commissioner's discretion, may appoint a committee to review the petition.(j) Within 21 days of receipt of the petition, the department shall notify the petitioning party of a decision. Should the petition meet all the requirements of this section, the department shall set a referendum date within 90 days of the date the petition was received by the department.(k) If a referendum of growers is held, the department shall conduct the referendum in the same manner as other referenda conducted under the Code, Chapter 74, Subchapter D and this subchapter.</content><note type="source"><p>Source Note: The provisions of this §3.11 adopted to be effective November 24, 1997, 22 TexReg 11082; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scB"><num value="B">SUBCHAPTER B</num><heading>ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scB/s3.20"><num value="3.20">§3.20</num><heading>Statement of Purpose and Role of the Department</heading><content>(a) It has been declared by the Texas Legislature that the boll weevil presents a major economic threat to Texas' cotton crop and that it is necessary to create a Boll Weevil Eradication Foundation as a vehicle to provide for assessments of cotton producers, governing boards, and for establishing eradication zones in order to suppress and eradicate the boll weevil. It is also the intent of the Legislature that any program established for boll weevil eradication be carried out in a manner which incorporates the best available integrated pest management techniques, as well as other methods of eradication, and is implemented in a manner that poses the least possible risk to people, property, and the environment.(b) In accordance with the Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.120, the commissioner is specifically charged with adopting rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises located in an eradication zone on which cotton plants are being grown that have been or are being treated as part of the boll weevil eradication program.</content><note type="source"><p>Source Note: The provisions of this §3.20 adopted to be effective October 15, 1993, 18 TexReg 6735; amended to be effective July 30, 2008, 33 TexReg 5922.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scB/s3.22"><num value="3.22">§3.22</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Cultural controls--Manipulation of routine crop production practices to make the environment less favorable to the biological success of pests. Cultural controls for purposes of this subchapter include, but are not limited to, use of prescribed cotton stalk destruction methods and deadlines and use of prescribed uniform planting dates.(2) Foundation--The Texas Boll Weevil Eradication Foundation, Inc.(3) Long-term control plan--A zone-specific plan that is to be implemented against boll weevils during and until eradication is complete.(4) Secondary pests--Pests that generally occur as a result to natural enemy destruction through the use of pesticides directed at other pests.</content><note type="source"><p>Source Note: The provisions of this §3.22 adopted to be effective October 15, 1993, 18 TexReg 6735; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scB/s3.23"><num value="3.23">§3.23</num><heading>Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies</heading><content>(a) Any applicator retained by the foundation to apply or cause to be applied pesticides for the purpose of eradication in an established zone will make such applications in accordance with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Texas pesticide laws and regulations, the pesticide label requirements of the product(s) being used, and any other provisions provided for in this section.(b) The foundation shall establish procedures for each eradication zone that are consistent with the Texas pesticide regulations relating to prior notification and reentry into sprayed fields and found at §7.37 and §7.38 of this title (relating to Prior Notification Requirements and Forbidden Pesticide Practices) to ensure compliance with requirements regarding prior notification and reentry.(c) The foundation shall establish any eradication zone-specific rules needed in addition to the requirements of subsections (a) and (b) of this section after analyzing each zone for special identified risk to humans, livestock, wildlife, honeybee colonies, or the environment. Such analysis will allow for specific rules to be written by the foundation for each zone with special concerns.(d) Beekeepers must file the location of their hives and their addresses and phone numbers with the Chief Apiary Inspector, Apiary Inspection Service, Entomology Department, Texas A&M University, College Station, Texas 77843, so that a list of beekeepers may be prepared for each county and furnished to the foundation. In lieu of filing the location of hives and names and addresses with the chief apiary inspector, any beekeeper may file such information with the Texas A&M AgriLife Extension Service county extension agent for the county in which hives are located. The foundation shall notify or cause to be notified beekeepers located adjacent to any fields being sprayed prior to the application at the earliest time possible to allow the beekeeper to restrict the bees leaving the hive or to move the hives until danger to the bees has diminished. In addition, the foundation will make available the eradication zone plans to any beekeeper upon request.</content><note type="source"><p>Source Note: The provisions of this §3.23 adopted to be effective October 15, 1993, 18 TexReg 6735; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scB/s3.24"><num value="3.24">§3.24</num><heading>Guidelines for Establishment of Foundation Rules, Procedures, and Methods of Treatment</heading><content>(a) The foundation shall establish procedures for determining when boll weevil population levels have reached economic significance. The foundation will estimate boll weevil populations using generally accepted entomological methods, including, but not limited to, pheromone traps and, when necessary, estimate weevil damage by examining the fruiting forms of cotton; and establish thresholds to determine when treatments are necessary. This will be done for each eradication zone and will encompass both the eradication phase as well as post-eradication. The foundation shall establish criteria to declare when eradication is complete.(b) The foundation shall establish a treatment regimen that seeks to provide the least possible risk to human health and the environment. The treatment regimen must consider all cultural controls; and, when the treatment regime must consider the use of pesticides, such pesticides must be considered on the basis of low toxicity and the least potential for environmental hazards. To achieve these objectives, the treatment regimen shall require, include, or incorporate the following:(1) provisions mandating maximum compliance with stalk destruction requirements, and considering other appropriate cultural controls;(2) development of emergency response plans to minimize the health and environmental threat posed by accidental pesticide contamination;(3) selection of pesticides and other cultural controls or other methods based on the severity of boll weevil infestation, location of eradication zones, climatic conditions, and other factors that may contribute to the efficacy of the treatment;(4) specification of the duration, application rate and frequency, type of application, and total amount of the active ingredient used, taking into consideration cost per acre;(5) evaluation and selection of pesticides considering their acute and chronic toxicity, reproductive and developmental effects, acute and delayed neurotoxicological potential, and carcinogenic and other possible toxicological endpoints;(6) consideration of possible risks to workers, mixers, loaders, and applicators to ensure that occupational exposure to the pesticides does not cause adverse health effects;(7) assurance that adequate safety and protection are provided to workers consistent with state and federal worker protection standards by adhering to the precautionary statements and the reentry intervals, personal protective equipment, and other requirements of law, and where state and federal standards differ, by adhering to the more stringent requirement;(8) methods for informing the public of possible health risks that could result from exposure to the pesticides used;(9) working in cooperation with the United States Fish and Wildlife Service, the Texas Parks and Wildlife Department, and the department, consideration of the impact of pesticides' use on endangered, threatened, and nontarget organisms (plants, aquatic, and wildlife) and their habitats and assurance that precautionary and remedial measures are considered to mitigate the exposure; and(10) cooperation with all agencies concerned including the United States Environmental Protection Agency, the Texas Parks and Wildlife Department, the Texas Department of Agriculture, and the Texas Commission on Environmental Quality, to furnish collected data and assist in further study of the fate, mobility, and persistence of pesticides and their metabolites in soil, water, and air, and assistance in establishing the strategies for their safe use and disposal.(c) The foundation shall develop a long-term control plan that will describe the methods to be used in each eradication zone for the purpose of eradicating the cotton boll weevil. The plan must specify the procedures that will be used to minimize the effect of the use of pesticides. In developing the procedures to be used for minimizing the effects of the use of pesticides, the plan must consider the potential impact of each pesticide used in the boll weevil eradication program on the following parameters:(1) human health and safety;(2) soils;(3) vegetation;(4) water quality of both surface and groundwater;(5) air quality;(6) nontarget wildlife, domestic animals, and aquatic and insect species; and(7) other methods of control to be employed or considered for employment.(d) The foundation shall consider the acute and chronic toxicity of the particular pesticides used in the eradication program. In addition to the guidelines set forth in subsection (b)(5) of this section, the following parameters shall be considered by the foundation:(1) human exposure and risk analysis to:(A) the public; and(B) workers;(2) nontarget species analysis of:(A) terrestrial species; and(B) aquatic species; and(3) environmental fate.(e) In consideration of the analysis required by subsection (d) of this section, and notification requirements provided for in §3.23 of this chapter (relating to Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies), the foundation shall consider additional methods of notification, as appropriate for specific eradication zones.(f) Subject to procedures established by subsection (a) of this section, the foundation shall only treat or cause to be treated cotton fields which meet or exceed the approved treatment thresholds, and shall only treat with the appropriate amounts of approved pesticides.(g) The foundation shall establish trapping strategies for monitoring boll weevils, and will specify the type of trap(s) to be used, trapping density, concentration of the trap attractant, trap inspection interval, and trapping duration. In addition, the foundation will list the secondary pests that occur in each eradication zone and will establish procedures to monitor them. In establishing such procedures, the foundation may utilize information from persons and/or organizations using existing, established procedures to monitor secondary pests.(h) The foundation shall establish methods for verifying pesticide use reduction resulting from the boll weevil eradication program as conducted by the foundation. The foundation shall maintain an annual record of the total amount of each pesticide used in the eradication program in each eradication zone; conduct an evaluation of pesticide use in the boll weevil eradication program at the end of each year, and maintain the most recent date of use, when available. For other insecticides used, the foundation shall develop methods to assess insecticide use for other cotton pests.</content><note type="source"><p>Source Note: The provisions of this §3.24 adopted to be effective October 15, 1993, 18 TexReg 6735; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scC"><num value="C">SUBCHAPTER C</num><heading>PROHIBITION OF PLANTING OF COTTON</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scC/s3.50"><num value="3.50">§3.50</num><heading>Statement of Authority and Purpose</heading><content>The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, provides that it is a necessity to establish a cotton pest eradication program for Texas in order to suppress and eradicate the boll weevil and the pink bollworm. The Code, §74.1011, provides that the Texas Boll Weevil Eradication Foundation, Inc. (the foundation) shall be recognized by the Texas Department of Agriculture (the department) as the entity to plan, carry out, and operate eradication and diapause programs to eliminate the boll weevil and the pink bollworm from cotton in the state under the supervision of the department. The Code, §74.118, provides the department with the authority to prohibit the planting of cotton in an eradication zone. The department is authorized to destroy cotton that is not in compliance with the department's rules regarding areas where cotton may not be planted, in accordance with the Code, §§74.118 and 74.1119.</content><note type="source"><p>Source Note: The provisions of this §3.50 adopted to be effective February 14, 1994, 19 TexReg 715; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective May 19, 1998, 23 TexReg 4901.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scC/s3.51"><num value="3.51">§3.51</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Code--The Texas Agriculture Code.(2) Commercial cotton--Cotton grown for sale or barter.(3) Eradication zone--A geographic area established under the Code, §74.1021, or a geographic area designated by the commissioner in accordance with the Code, §74.105, in which cotton growers by referendum approve their participation in a boll weevil or pink bollworm eradication program.(4) Foundation--The Texas Boll Weevil Eradication Foundation, Inc.(5) Noncommercial cotton--Any cotton that is not commercial cotton.</content><note type="source"><p>Source Note: The provisions of this §3.51 adopted to be effective February 14, 1994, 19 TexReg 715; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective May 19, 1998, 23 TexReg 4901; amended to be effective September 1, 2009, 34 TexReg 5896; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scC/s3.52"><num value="3.52">§3.52</num><heading>Prohibition of Planting of Commercial and Noncommercial Cotton</heading><content>(a) Commercial cotton shall not be planted in any area within an eradication zone where, upon request of the foundation, the department has determined that the location of that cotton would jeopardize the success of the eradication program in that zone or present a hazard to public health and safety. Such an area shall be designated by the department as a prohibited planting area.(b) In making a determination as to whether or not planting of commercial cotton shall be prohibited in an area, the department may consider the factors listed in §3.23 of this chapter (relating to Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies) and §3.24 of this chapter (relating to Guidelines for Establishment of Foundation Rules, Procedures, and Methods of Treatment), and the recommendation of the foundation's board.(c) Noncommercial cotton shall not be planted in any eradication zone, except under a special permit issued by the department prior to planting.</content><note type="source"><p>Source Note: The provisions of this §3.52 adopted to be effective February 14, 1994, 19 TexReg 715; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scC/s3.53"><num value="3.53">§3.53</num><heading>Notice of Prohibition</heading><content>(a) Within 30 days of declaring an area within an eradication zone as a prohibited planting area, the department shall publish a notice designating the area in which cotton cannot be planted.(b) The notice of prohibition shall contain a description of the prohibited planting area, including the farm/tract number and amount of acreage, when available.(c) The department shall publish the notice of prohibition in a newspaper having general circulation in the affected zone for one day each week for three successive weeks.</content><note type="source"><p>Source Note: The provisions of this §3.53 adopted to be effective February 14, 1994, 19 TexReg 715; amended to be effective May 19, 1998, 23 TexReg 4901.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scC/s3.54"><num value="3.54">§3.54</num><heading>Failure To Comply with Prohibition</heading><content>(a) Upon notice by the foundation that a grower has failed to comply with a notice of prohibition provided in accordance with §3.53 of this chapter (relating to Notice of Prohibition), or has failed to obtain a permit for planting of noncommercial cotton in an eradication zone as required by §3.52 of this chapter (relating to Prohibition of Planting of Commercial and Noncommercial Cotton) the department shall take the following actions:(1) Immediately upon identification of a field that is out of compliance, the department shall give written notice to the farm owner, to the grower, and, if known, to any lender having an interest in the field or the cotton, that the field and any cotton growing in the field are in violation of these rules.(2) The notice shall further instruct the owner and grower to destroy any cotton located in the field within seven days after the date the written notice is received. Destruction shall be performed in a manner to prohibit the presence of live cotton plants.(3) If the owner or grower cannot be located after reasonably diligent effort has been made by the department to locate such persons, the department shall publish the notice in a newspaper of general circulation in the county in which the land is located and post for a period of three consecutive days a copy of the notice on or in the immediate vicinity of the field in violation.(4) If no response is received by the department from either the owner or grower within four days after the date of posting of the notice at the field, or if the department considers the response inadequate, the department shall have the cotton destroyed.(b) The department may take any other action necessary to complete destruction of cotton in order to prevent the spread of boll weevils from the infested area.(c) All costs incurred by the department in the destruction of cotton in accordance with subsection (a) of this section shall be reimbursed by the grower.</content><note type="source"><p>Source Note: The provisions of this §3.54 adopted to be effective May 19, 1998, 23 TexReg 4901; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scD"><num value="D">SUBCHAPTER D</num><heading>REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.70"><num value="3.70">§3.70</num><heading>Statement of Authority and Purpose</heading><content>The Code, §74.113, provides the foundation with the authority to collect assessments for each eradication zone as part of the foundation's duties. The Code, §74.121, provides that each person within an active eradication zone growing cotton shall furnish to the foundation, upon request, information concerning the size and location of all commercial and noncommercial cotton. The Code, §74.118, provides the department with the authority to require participation in an established eradication program. The Code, §74.115, provides the department with the authority to place a lien on cotton produced and harvested that year from acreage that is subject to an assessment that is due and unpaid. The Code, §74.115, also provides the department with the authority to assess administrative penalties for failure to pay an assessment when due, and the Code, §74.118, provides the department with the authority to assess administrative penalties for failure to comply with department rules regarding participation in cost sharing and acreage reporting. The Code, §74.116, provides the department with the authority to establish criteria for exemption from penalties assessed under the Code, §74.115.</content><note type="source"><p>Source Note: The provisions of this §3.70 adopted to be effective May 19, 1998, 23 TexReg 4902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.71"><num value="3.71">§3.71</num><heading>Definitions</heading><content>The definitions contained in §3.51 of this chapter (relating to Definitions) apply to this subchapter.</content><note type="source"><p>Source Note: The provisions of this §3.71 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.72"><num value="3.72">§3.72</num><heading>Requirements for Program Participation</heading><content>(a) All commercial cotton growers within an eradication zone are required to participate in the eradication program approved by grower referendum for that zone.(b) Participation in the eradication program includes:(1) timely reporting to the foundation, as specified in subsections (c) or (d) of this section, of all information regarding all commercial and noncommercial cotton and of all cotton grown for ornamental, research, or any other purposes as provided in the Code, §74.121; (2) payment of the assessment in the amount and manner established and approved for that eradication zone; and(3) compliance with any department rules, or procedures established by the department or the foundation, for implementation of the eradication program in that eradication zone.(c) Reporting deadlines.(1) All acreage planted with cotton and the location of such acreage in an active eradication zone, regardless of which zone, must be reported annually to the foundation by the grower no later than the reporting date established for each county by the United States Department of Agriculture Farm Service Agency, as specified in the map found at paragraph (3) of this subsection.(2) If there is a conflict between the dates shown in paragraph (3) of this subsection and the dates established by the Farm Service Agency, the dates established by the Farm Service Agency shall control, unless no such dates have been established, in which event the dates shown in paragraph (3) shall control.(3) The dates by which cotton acreage and location of such acreage in an active eradication zone must be reported are as follows:Attached Graphic(4) The cotton acreage and location of such acreage required to be reported by paragraph (1) of this subsection may instead be reported to the Farm Service Agency, rather than the foundation, provided that the Farm Service Agency office to which the cotton acreage and location of such acreage is reported is in a county within an active eradication zone.(d) The foundation may send a written inquiry directly to a grower who has previously failed to report cotton acreage or location planted within a then-active eradication zone or to a grower who the foundation has probable cause to believe has planted cotton in an active zone without reporting the acreage or location of such cotton to either the foundation or the Farm Service Agency. The written inquiry shall be sent by certified mail and shall require that the recipient grower certify in writing, on a form supplied by the foundation, either the number of acres and location of each tract of cotton the grower has planted within an active eradication zone for the current growing season or that no acres of cotton are planted in an active eradication zone for the current growing season. The form must be returned within 10 days of receipt by the grower. After delivery or refusal of delivery of the written inquiry, the grower's obligation to report cotton acreage and location may be satisfied only by return of the certification required by this subsection. Failure to return the required certification or refusal of delivery of the written inquiry may result in the assessment of an administrative penalty, which shall not relieve the grower of the requirement to submit the certification required by this subsection. The foundation may send out an additional written inquiry upon refusal of delivery of a previous written inquiry or if the foundation considers a response to a previous written inquiry inadequate. Each written inquiry mailed under this subsection may serve as the basis for a separate violation.(e) Falsely reporting the number of acres or location of cotton under any provision of this section may result in the assessment of an administrative penalty.</content><note type="source"><p>Source Note: The provisions of this §3.72 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective May 3, 2000, 25 TexReg 3739; amended to be effective July 7, 2002, 27 TexReg 5757; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.73"><num value="3.73">§3.73</num><heading>Notice of Requirement for Participation</heading><content>(a) After passage of a referendum establishing an eradication program and maximum assessment and/or upon adoption of any new requirements by the department and/or the foundation, a notice of the requirements to participate in the eradication program shall be published by the foundation in a newspaper having general circulation within the affected zone or zones for one day each week for three successive weeks.(b) The notice required by subsection (a) of this section shall include any requirements for timely reporting of acreage to the foundation, compliance with rules of the department, and payment of the assessment established and approved for that zone.</content><note type="source"><p>Source Note: The provisions of this §3.73 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective May 3, 2000, 25 TexReg 3739; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.74"><num value="3.74">§3.74</num><heading>Penalties for Non-Payment of Assessment and Failure To Timely Report Acreage</heading><content>(a) Upon receiving notice from the foundation that a grower has failed to timely pay an assessment in the amount and manner established for that eradication zone, the department may assess an administrative penalty against the grower.(b) Upon receiving notice from the foundation that a grower has failed to timely report to the foundation information regarding acreage and location of all commercial cotton fields and of noncommercial patches of cotton grown for ornamental, research, or other purposes as provided by §3.72(b)(1) of this chapter (relating to Requirements for Program Participation), the department may assess an administrative penalty against the grower. A penalty assessed for failure to timely report acreage shall not exceed $50 per acre.</content><note type="source"><p>Source Note: The provisions of this §3.74 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.75"><num value="3.75">§3.75</num><heading>Appeal of Penalty Assessment</heading><content>(a) The department shall issue a Notice of Violation to each person against whom the department has proposed to assess a penalty under §3.74 of this chapter (relating to Penalties for Non-Payment of Assessment and Failure To Timely Report Acreage). The Notice of Violation with attachments shall include a brief statement of the matters alleged, the amount of the recommended penalty, the date on which the penalty will be assessed, the dates and amounts of any penalty increases, in accordance with the department's penalty matrix, and the right of the person charged to request a hearing.(b) A person against whom a penalty has been assessed may accept the determination of the department, including the recommended penalty, or may protest the determination and request a hearing. A notice of protest and request for hearing may be emailed to the department or mailed to Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.(c) If the person accepts the determination of the department or fails to timely protest the determination as provided by subsection (d) of this section, the commissioner shall issue an order approving the determination and ordering payment of the penalty.(d) If the person protests the determination of the department and requests a hearing, a hearing on the matter shall be provided and conducted in accordance with the procedures provided for contested cases in the Texas Administrative Procedure Act, Government Code, Chapter 2001, Chapter 1 of this title (relating to General Procedures), and the State Office of Administrative Hearing's rules of procedures in Title 1, Chapter 155 of the Texas Administrative Code (relating to Rules of Procedure). The request for a hearing must be made to the department not later than 20 days after the date of receipt of the Notice of Violation.</content><note type="source"><p>Source Note: The provisions of this §3.75 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.76"><num value="3.76">§3.76</num><heading>Application for Exemption from Assessment Penalty</heading><content>(a) If an administrative penalty is assessed by the department under the Code, §74.115, for failure to timely pay an assessment, the cotton grower may apply for an exemption from that administrative penalty in writing on a form prescribed by the commissioner within 20 days from receipt of the notice of violation, stating the conditions justifying such request. The conditions must be such that payment of the penalty would impose an undue financial burden upon the grower.(b) A grower who applies for an exemption from the penalty under this section must use a form prescribed by the commissioner. Forms may be obtained by emailing the department or mailing the department at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Exemptions apply only to the particular crop year for which they are sought. A cotton grower must file a new application for an exemption with the department for each new crop and associated crop year for which an exemption is sought.(c) A request for exemption from the penalty will be considered only upon submission of a completed application form and the following documentation:(1) an income tax statement showing taxable net income for the previous year; and(2) an assignment of deficiency payments for cotton or any other crop to cover the amount due for assessments and assessment penalties and a general crop lien for all crops and products of such crops if deficiency payments are insufficient; or(3) a financial statement from a bank or other lending institution financing the farming operation indicating inability to pay.(d) Additional information may be submitted by the cotton grower for consideration by the department.(e) The department shall promptly notify the applicant of its determination regarding the applicant's request for exemption by mail at the address provided by the applicant in the application for exemption.(f) If the request for exemption from assessment penalties under this section is denied, assessments and penalties for the year for which the application is made are due on the later of:(1) the date on which they would be due in the absence of an application for exemption; or(2) 30 days after the date the applicant receives notice of the denial.(g) If warranted, the department may grant a full or partial exemption.</content><note type="source"><p>Source Note: The provisions of this §3.76 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.77"><num value="3.77">§3.77</num><heading>Criteria for Exemption from Penalty for Failure To Pay Assessment</heading><content>(a) The department's determination regarding a request for exemption will be based upon whether the completed application and other satisfactory documentation establish that payment of the assessment penalty would impose an undue financial burden upon the grower.(b) In addition to the general financial condition of the grower, factors which may be considered by the department in determining whether the assessment penalty would impose an undue financial burden include:(1) adverse health conditions supported by a physician;(2) a natural or physical disaster resulting in at least 30% crop loss not covered by insurance;(3) a biological disaster such as severe insect or disease infestation not controllable by currently available pesticides or pest management strategies;(4) a financial disaster such as theft or fire; or(5) any other extraordinary circumstances.(c) Any factors which the grower wishes the department to consider must be supported by satisfactory documentation. The department may request additional information or documentation as necessary prior to making a determination.</content><note type="source"><p>Source Note: The provisions of this §3.77 adopted to be effective May 19, 1998, 23 TexReg 4902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scD/s3.78"><num value="3.78">§3.78</num><heading>Application for Payment Plan for Assessment Penalty</heading><content>A cotton grower, who applies for an exemption from assessment penalties under §3.76 of this chapter (relating to Application for Exemption from Assessment Penalty), may apply with the department, using a form prescribed by the commissioner, for permission to establish a payment plan for the assessment penalty. Forms may be obtained by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. A separate application must be made for each year in which a payment plan is requested.</content><note type="source"><p>Source Note: The provisions of this §3.78 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scE"><num value="E">SUBCHAPTER E</num><heading>CREATION OF ERADICATION ZONES</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.100"><num value="3.100">§3.100</num><heading>Authority and Purpose</heading><content>The Texas Agriculture Code, §74.1042, provides the commissioner of agriculture with the authority, by rule, to designate an area of the state as a proposed eradication zone as long as the area is not within a statutory eradication zone that has approved an eradication program by referendum. Senate Bill 1814, 75th R.S. ch. 463, §1.27(d) (SB 1814, §1.27(d)), provides the commissioner with the authority, by rule, to divide a statutory eradication zone, after solicitation and consideration of public opinion and to fairly apportion any debt to each portion of an eradication zone divided by rule in accordance with SB 1814, §1.27(d).</content><note type="source"><p>Source Note: The provisions of this §3.100 adopted to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.101"><num value="3.101">§3.101</num><heading>Public Hearing</heading><content>The commissioner may conduct a public hearing within a proposed nonstatutory or statutory eradication zone to take public comment on the establishment of a nonstatutory zone or division of a statutory zone, as appropriate.</content><note type="source"><p>Source Note: The provisions of this §3.101 adopted to be effective January 8, 1998, 23 TexReg 128.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.102"><num value="3.102">§3.102</num><heading>Eradication Zone Activation; Grower Approval</heading><content>(a) Once an eradication zone has been designated by adoption of a rule under the Texas Agriculture Code (Code), §74.1042, the eradication zone is not established until approved by a referendum of cotton growers in the new eradication zone held in accordance with the Code, §74.105.(b) If the commissioner divides a statutory eradication zone by adoption of a rule under SB 1814, §1.27, the commissioner may hold a referendum in the new zone.(c) Once an eradication zone has been designated by rule and established by approval of cotton growers in the eradication zone, as provided in subsections (a) and (b) of this section, the eradication zone shall operate in accordance with the provisions of the Code, Chapter 74, Subchapter D, and rules adopted thereunder.</content><note type="source"><p>Source Note: The provisions of this §3.102 adopted to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.103"><num value="3.103">§3.103</num><heading>Apportioning of Debt</heading><content>Once a statutory zone has been divided by rule of the commissioner, in accordance with SB 1814, §1.27(d), and approved by growers as provided in §3.102(b) of this chapter (relating to Eradication Zone Activation, Grower Approval), the commissioner may fairly apportion any debt to each portion of the divided eradication zone.</content><note type="source"><p>Source Note: The provisions of this §3.103 adopted to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.110"><num value="3.110">§3.110</num><heading>Western High Plains Boll Weevil Eradication Zone</heading><content>The Western High Plains Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, §74.1021(e): all of Andrews, Gaines and Yoakum Counties; all of Terry County except for all land north of a line 1.25 miles south of the Hockley County line from FM 303 east to Highway 385 and all land north and east of a line with boundaries of County Road 230, County Road 525 also known as Cemetery Road, and County Road 280 to the Lynn County line; and all of Lynn County except for all land north and east of a line 5 miles north of Highway 380 following County Road 18 that extends from the Terry County line east for 10 miles, then turns south to Highway 380, and runs east to the intersection of FM 212 before turning south to the Borden County line.</content><note type="source"><p>Source Note: The provisions of this §3.110 adopted to be effective January 8, 1998, 23 TexReg 128; amended to be effective April 13, 1998, 23 TexReg 3677.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.111"><num value="3.111">§3.111</num><heading>Permian Basin Boll Weevil Eradication Zone</heading><content>The Permian Basin Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, §74.1021(e): all of Dawson, Ector, Howard and Martin Counties; all of Borden County except all land east of a line 7 miles west of the Scurry County line that runs from the Garza County line to the Howard County line; and all of Midland County except for the southern region located south of a line 15 miles south of Interstate 20 running from the Ector County line east to the Glassock County line.</content><note type="source"><p>Source Note: The provisions of this §3.111 adopted to be effective January 28, 1998, 23 TexReg 543.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.112"><num value="3.112">§3.112</num><heading>Northern Rolling Plains Boll Weevil Eradication Zone</heading><content>The Northern Rolling Plains Boll Weevil Eradication Zone shall consist of the following area: all of Gray, Wheeler, Donley, Collingsworth, Hall, Childress, Cottle, King, Hardeman, Wilbarger, Wichita, Clay, and Foard Counties, and all of Archer County lying north of a line following FM 422 commencing at the Baylor County line running east to the intersection of FM 210, continuing east to the intersection of State Highway 25, and continuing east to the Clay County line.</content><note type="source"><p>Source Note: The provisions of this §3.112 adopted to be effective June 2, 1998, 23 TexReg 5652.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.113"><num value="3.113">§3.113</num><heading>Northwest Plains Boll Weevil Eradication Zone</heading><content>The Northwest Plains Boll Weevil Eradication Zone shall consist of the following area originally included as part of the Northern High Plains Eradication Zone described at the Texas Agriculture Code, §74.1021(a): all of Bailey, Castro, Deaf Smith, Lamb and Parmer counties.</content><note type="source"><p>Source Note: The provisions of this §3.113 adopted to be effective May 17, 1998, 23 TexReg 4562.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.114"><num value="3.114">§3.114</num><heading>Southern Blacklands Boll Weevil Eradication Zone</heading><content>The Southern Blacklands Boll Weevil Eradication Zone shall consist of the following area: all of Anderson, Brazos, Burleson, Freestone, Grimes, Harris, Houston, Leon, Liberty, Madison, Robertson, Walker, Camp, Wood, Upshur, Marion, Harrison, Gregg, Smith, Cherokee, Rusk, Panola, Shelby, Nacogdoches, San Augustine, Sabine, Angelina, Trinity, San Jacinto, Polk, Tyler, Jasper, Newton, Hardin, Orange, Jefferson, Chambers, Galveston, Washington, Montgomery, Coryell, Mills, Lampasas, San Saba, Llano, Gillespie, Kendall, Blanco, Burnet, Bell, Williamson, Travis, Hays, Comal, Guadalupe, Gonzales, Fayette, Caldwell, Bastrop, Lee, Milam, and Falls Counties; that part of Limestone County south of Highway 84 from the McLennan County line east to the Freestone County line; that part of Waller County north of Highway 159 from the Austin County line north and east to Hempstead, then east on Highway 6/290 to the Harris County line; and that part of McLennan County south of Highway 84.</content><note type="source"><p>Source Note: The provisions of this §3.114 adopted to be effective July 29, 1998, 23 TexReg 7550.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.115"><num value="3.115">§3.115</num><heading>El Paso/Trans-Pecos Boll Weevil Eradication Zone</heading><content>The El Paso/Trans Pecos Boll Weevil Eradication Zone shall consist of the following area: all of El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, Pecos, Reeves, Ward, Loving, Winkler, Crane, Terrell, Crockett and Val Verde Counties.</content><note type="source"><p>Source Note: The provisions of this §3.115 adopted to be effective August 26, 1998, 23 TexReg 8666.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.116"><num value="3.116">§3.116</num><heading>Northern Blacklands Boll Weevil Eradication Zone</heading><content>The Northern Blacklands Boll Weevil Eradication Zone shall consist of the following area: all of Montague, Cooke, Grayson, Fannin, Lamar, Red River, Bowie, Cass, Morris, Titus, Franklin, Hopkins, Delta, Hunt, Rockwall, Collin, Denton, Wise, Jack, Parker, Tarrant, Dallas, Kaufman, Rains, Van Zandt, Henderson, Navarro, Ellis, Johnson, Hood, Somervell, Bosque, Hamilton, and Hill counties; and those parts of McLennan and Limestone counties north of State Highway 84.</content><note type="source"><p>Source Note: The provisions of this §3.116 adopted to be effective January 10, 1999, 24 TexReg 255.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.117"><num value="3.117">§3.117</num><heading>Upper Coastal Bend Boll Weevil Eradication Zone</heading><content>The Upper Coastal Bend Boll Weevil Eradication Zone shall consist of the following area: all of Austin, Brazoria, Colorado, Fort Bend, Jackson, Matagorda, and Wharton counties, and that part of Waller County lying south of State Highway 159 from the Austin County line north and east to Hempstead, then east on State Highway 6/290 to the Harris County line.</content><note type="source"><p>Source Note: The provisions of this §3.117 adopted to be effective September 9, 2001, 26 TexReg 6660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.118"><num value="3.118">§3.118</num><heading>Panhandle Boll Weevil Eradication Zone</heading><content>The Panhandle Boll Weevil Eradication Zone shall consist of the following area: all of Carson, Dallam, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Roberts and Sherman counties.</content><note type="source"><p>Source Note: The provisions of this §3.118 adopted to be effective January 26, 2004, 29 TexReg 625.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scE/s3.119"><num value="3.119">§3.119</num><heading>Lower Rio Grande Valley Boll Weevil Eradication Zone</heading><content>The Lower Rio Grande Valley Boll Weevil Eradication Zone shall consist of the following area: all of Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Maverick, Starr, Webb, Willacy, and Zapata counties.</content><note type="source"><p>Source Note: The provisions of this §3.119 adopted to be effective August 11, 2004, 29 TexReg 7668.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scF"><num value="F">SUBCHAPTER F</num><heading>GENERAL PROCEDURES</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scF/s3.201"><num value="3.201">§3.201</num><heading>Approval by the Commissioner of Agriculture</heading><content>The Texas Boll Weevil Eradication Foundation (foundation) is required to obtain approval from the commissioner of agriculture as follows.(1) Approval must be obtained in writing from the commissioner for the borrowing of money to fund operations of the foundation.(A) An approval request for the borrowing of money must first be approved by the foundation's board in open meeting.(B) Once approved by the board, the request for approval to borrow money must be submitted to the commissioner in writing at least 30 days before the date of the actual borrowing transaction and include:(i) name and address of lender;(ii) amount to be borrowed;(iii) copy of terms of agreement for borrowing and supporting documentation;(iv) a statement of justification for choosing the lender including other options considered; and(v) any other information requested by the commissioner.(2) The commissioner must approve in writing the foundation's policy for the procurement of goods or services.(A) A general policy must be approved by the commissioner initially and reviewed annually thereafter.(B) The general procurement policy of the foundation shall include:(i) a requirement in regards to purchases of goods or services:(I) that agreements over the amount of $50,000 entered into for providing aerial application services, purchases of chemicals, pheromone traps, pheromone, stakes, bar code devices, and purchases or leases of vehicles or other heavy equipment be approved by the commissioner; and(II) that the requirement does not include agreements for routine or day-to-day operating expenditures such as office supplies, payroll or utilities.(ii) provisions for obtaining of competitive bids, including a requirement that bid announcements for purchases or leases, or financing of such purchases or leases, over the amount of $50,000 be approved by the commissioner prior to distribution of the announcement to prospective bidders; and(iii) a requirement that a statement of justification of the need for the goods or services being purchased or leases be provided for each purchase or lease.(3) The commissioner must review and approve the foundation's operating budget, which includes individual zone budgets as well as the foundation's operating budget for its main administrative offices, in writing, and no funds may be used to fund programs not approved by the commissioner. The budget must:(A) be approved on an annual basis to correspond with the foundation's fiscal year;(B) be submitted at least 30 days prior to be the end of the foundation's fiscal year;(C) be approved by the foundation board in an open meeting prior to submission to the commissioner;(D) include the following:(i) a breakdown of expenses to show the budget as projected by eradication zone;(ii) total projected budget including expenses for goods and services to be approved by the commissioner; and(iii) a description of programs to be implemented using budgeted funds; and(E) Budget revisions are permitted between the approved budget line items. Prior written approval from the commissioner is required on all cumulative transfers, for the fiscal year covered by the proposed budget, of funds among budget line items when the amount transferred exceeds 5% of the total annual budget.(4) The commissioner must approve in writing the use of a bank depository prior to the deposit of funds by the foundation.(5) The commissioner must approve in writing or by signing cooperative agreements entered into by the foundation for carrying out the purposes of approved eradication activities:(A) with other states;(B) with individuals, or a group of persons involved in similar programs to carry out the purposes of the Texas Agriculture Code, Chapter 74, Subchapter D; and(C) with other governmental entities.</content><note type="source"><p>Source Note: The provisions of this §3.201 adopted to be effective February 27, 2000, 25 TexReg 1308; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scF/s3.202"><num value="3.202">§3.202</num><heading>Reporting Requirements</heading><content>(a) The Texas Boll Weevil Eradication Foundation (foundation) shall provide the department with a copy of its annual audit within 30 days of the audit's completion. Included with the audit shall be any accompanying letters to management from the auditor.(b) The foundation shall file with the department an annual report within 45 days of the end of its preceding fiscal year. The annual report shall include, at a minimum:(1) a balance sheet of assets, liabilities, and fund equity;(2) an itemization of income/expenditures;(3) a statement of eradication activities carried out in the year covered by the report, by eradication zone;(4) information regarding the name and quantity of pesticides used in the program by eradication zone; and(5) copies of any resolutions adopted by the foundation's board regarding the eradication program.</content><note type="source"><p>Source Note: The provisions of this §3.202 adopted to be effective February 27, 2000, 25 TexReg 1308; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scF/s3.203"><num value="3.203">§3.203</num><heading>Cost-sharing Program</heading><content>(a) Statement of Purpose and Authority. In accordance with the Texas Agriculture Code (Code), Chapter 74, Subchapter E, the department is authorized to contract with the Texas Boll Weevil Eradication Foundation (foundation) to carry out boll weevil eradication to obtain boll weevil eradication services for the state of Texas as part of a cost-sharing program. This section sets forth requirements and procedures for the implementation of the cost-sharing program.(b) Eradication zone eligibility.(1) The department may spend money under the cost-sharing program only in a boll weevil eradication zone in which:(A) a boll weevil eradication project authorized under the Code, Chapter 74, Subchapter D is active; or(B) boll weevil eradication has been declared complete by the United States Department of Agriculture or its designee.(2) An eradication zone meets the requirement set forth in subparagraph (1)(A) of this section if a referendum of cotton growers has been held in the zone in accordance with the Code, Chapter 74, Subchapter D, and both the establishment of an eradication program and a maximum assessment have been approved by growers for that zone.(c) Request for funding.(1) The foundation may request funding under this section by submission to the department of a proposal to provide boll weevil eradication services which meets the requirements specified by the department.(2) A proposal to provide boll weevil eradication services shall include:(A) a statement that the foundation meets eligibility requirements;(B) a statement verifying that the foundation will comply with the Texas Grant Management Standards promulgated by the Texas Comptroller of Public Accounts, under the Texas Government Code, Chapter 783;(C) verification that funds provided will be used for boll weevil eradication services in eligible zones; and(D) the specific amount of funding requested and how the funds will be used, broken down by zone, period of time covered, specific category of expenditure, and nature of activity.(3) Additional information may be requested, if needed.(d) Disbursement of funds.(1) Disbursement of funds will be made after review and acceptance of the foundation's proposal by the department and execution of a written contract for services between the department and the foundation.(2) Disbursement shall be made only in accordance with the contract.(3) Disbursement of funds may be made in a lump sum or installments, as set forth in the contract.(e) Reporting/Accounting Requirements.(1) After funds have been disbursed, the foundation shall provide a written report of expenditures on a quarterly basis according to the State of Texas fiscal year, or more often, as requested by the department.(2) Quarterly reports shall be submitted to the department within 30 days after the end of each quarter.(3) The foundation shall establish an accounting system which identifies source of funds for cost-sharing programs, with separate accounting, in a manner that will enable the department and others to audit funds and verify source of funds and how they are used, for:(A) grower assessments;(B) state funds; and(C) federal funds.(4) The foundation shall comply with all applicable state requirements regarding use of state funds.(5) The department may suspend disbursement of funds to the foundation, if:(A) the department determines, or has reason to believe, that appropriated funds are not being used for purposes stated in the contract or the foundation is not complying with the terms of the contract, including reporting requirements, or these rules;(B) the department determines, or has reason to believe, that the use of the appropriated funds by the foundation is not consistent with state law; or(C) the department determines or has reason to believe that the foundation's use of the appropriated funds is not in the best interest of the state, cotton growers, or the eradication program.</content><note type="source"><p>Source Note: The provisions of this §3.203 adopted to be effective February 27, 2000, 25 TexReg 1308; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scF/s3.205"><num value="3.205">§3.205</num><heading>Administrative Review</heading><content>(a) Filing of request.(1) Any person who believes they have been aggrieved in connection with an action of the Texas Boll Weevil Eradication Foundation (the foundation) may file a request for administrative review by the department under the Texas Agriculture Code, §74.1095.(2) A request must be in writing and received by the department within 90 days after the action that forms the basis of the complaint. Formal requests must comply with the following requirements, and shall be resolved in accordance with the procedure set forth below. Copies of the request and any supporting documentation must be mailed or delivered by the requesting party to the department and the foundation.(b) Contents of request. A request filed under this section must be sworn and contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection, including an identification of the issue or issues to be resolved;(3) a precise statement of the relevant facts;(4) argument and authorities in support of the allegations made;(5) any supporting documentation available; and(6) a statement that a copy of the request has been mailed or delivered to the foundation.(c) Informal Review.(1) Once a request is received by the department, it shall be forwarded to the Office of General Counsel for review.(2) The General Counsel, or General Counsel's designee, shall have the authority, prior to appeal to the commissioner or commissioner's designee, to settle and resolve the complaint that is the subject of the request, and may solicit additional information regarding the matters alleged in the request for review from the requester, the foundation, or any other relevant party. Copies of any additional information received shall be provided to both the requester and the foundation.(3) If the issues raised in the request are not resolved by mutual agreement, the General Counsel will issue a written determination on the request for review as follows.(A) If the General Counsel determines that no violation of rules or statutes has occurred, the General Counsel shall so inform the requesting party and the foundation by letter, setting forth the reasons for the determination.(B) If the General Counsel determines that a violation of the rules or statutes has occurred, the General Counsel shall so inform the requesting party and the foundation by letter, setting forth the reasons for the determination and the appropriate remedial action.(4) If the General Counsel's determination is not appealed, that determination shall serve as the final agency determination on the complaint.(d) Appeal to Commissioner.(1) The General Counsel's determination on a complaint may be appealed to the commissioner by the requester, or the commissioner's designee, or the foundation. An appeal of the General Counsel's determination must be in writing and must be received by the department no later than 15 days after the date of the General Counsel's determination. The appeal shall include specific reasons why the requester or the foundation disagrees with the General Counsel's determination. Copies of the appeal must be mailed or delivered by the party appealing to the other party.(2) The commissioner, or the commissioner's designee, shall review the request, any supporting documentation, the General Counsel's determination, and the appeal and issue a determination on the request. The appeal shall be limited to review of the General Counsel's determination and documentation presented by parties in support of their positions.(3) The commissioner's determination of the appeal shall be the final administrative action of the agency and is subject to judicial review under Chapter 2001 of the Texas Government Code.(e) Actions Subject to Review.(1) A request for review filed under the Code, §74.1095, shall be based on actions taken by the foundation under the Code, Chapter 74, Subchapter D.(2) Actions subject to review under the Code, §74.1095, do not include:(A) alleged violations that may be prosecuted administratively by the department under the Code, §12.020;(B) bid protests and other disputes arising from a bid made or a contract entered into with the foundation under its procurement manual, and covered by the foundation's procurement dispute resolution procedure; or(C) disputes that have been resolved through a civil or criminal action brought in a court of law.(f) Appropriate remedial actions. If the department, or the commissioner on appeal, determines that the foundation acted in a manner that warrants action by the department, the department may prescribe corrective action to be carried out by the foundation, or refer its determination to the appropriate entity in accordance with the Code, §74.126. The department is not authorized to award monetary damages to a person filing a request under this section.</content><note type="source"><p>Source Note: The provisions of this §3.205 adopted to be effective May 1, 2006, 31 TexReg 3528; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scG"><num value="G">SUBCHAPTER G</num><heading>TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scG/s3.301"><num value="3.301">§3.301</num><heading>Mason County</heading><content>(a) All of the following area located in Mason County shall be added to the statutorily designated Southern Rolling Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, §74.1021(f).(b) The addition of all of Mason County to the Southern Rolling Plains Zone shall be effective upon the passage of a grower referendum in Mason County approving the addition.</content><note type="source"><p>Source Note: The provisions of this §3.301 adopted to be effective May 23, 1999, 24 TexReg 3843.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scG/s3.302"><num value="3.302">§3.302</num><heading>Armstrong County</heading><content>All of the following area located in Armstrong County shall be transferred from the statutorily designated Northern High Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, §74.1021(a) to the Northern Rolling Plains Boll Weevil Eradication Zone designated at §3.112 of this title (relating to Northern Rolling Plains Boll Weevil Eradication Zone): that part of Armstrong County that lies east and north of a line running along FM 294 from the Carson County line to State Highway 287; then running due south to Mulberry Creek; then running east along Mulberry Creek to the Donley County line.</content><note type="source"><p>Source Note: The provisions of this §3.302 adopted to be effective April 2, 2000, 25 TexReg 2563.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scG/s3.303"><num value="3.303">§3.303</num><heading>Randall County</heading><content>(a) All of the following area located in Randall County shall be transferred from the statutorily designated Northern High Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, §74.1021(a) to the Northwest Plains Boll Weevil Eradication Zone designated at §3.113 of this title (relating to Northwest Plains Boll Weevil Eradication Zone): that part of Randall County that lies north and west of a line running along Highway 60 from the Deaf Smith County line east to Interstate 37; then running north along Interstate Highway 27 to the Potter County line.(b) The transfer of the area of Randall County described in subsection (a) of this section from the Northern High Plains Zone to the Northwest Plains Zone shall be effective upon the passage of a grower referendum in that area approving the transfer.</content><note type="source"><p>Source Note: The provisions of this §3.303 adopted to be effective April 2, 2000, 25 TexReg 2563.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scG/s3.304"><num value="3.304">§3.304</num><heading>Kent County and Portions of Motley, Dickens, Garza, Floyd, and Crosby Counties</heading><content>(a) All of the following area located in Kent, Motley, Dickens, Garza, Floyd, and Crosby Counties shall be transferred from the statutorily designated Northern High Plains and Southern High Plains/Caprock Boll Weevil Eradication Zones described at the Texas Agriculture Code, §74.1021(a) to the Northern Rolling Plains Boll Weevil Eradication Zone designated at §3.112 of this title (relating to Northern Rolling Plains Boll Weevil Eradication Zone): all of Kent County, that part of Garza County that lies below of the Caprock escarpment, that part of Crosby County that lies below the Caprock escarpment, that part of Dickens County that lies below the Caprock escarpment, that part of Floyd County that lies north and east of a line running along FM 97 beginning at the Motley County line; continuing west to the Caprock escarpment; and continuing north along the Caprock escarpment to the Briscoe County line; and that part of Motley County that lies south of a line running along the North Pease River beginning at the intersection of the North Pease River and the Hall County line; continuing southwest to Quitaque Creek; and continuing northwest along Quitaque Creek to the Floyd County line.(b) The transfer of the area described in subsection (a) of this section from the Northern High Plains and Southern High Plains/Caprock Zones to the Northwest Plains Zone shall be effective upon the passage of a grower referendum in that area approving the transfer.</content><note type="source"><p>Source Note: The provisions of this §3.304 adopted to be effective April 30, 2000, 25 TexReg 3739.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scG/s3.305"><num value="3.305">§3.305</num><heading>Portions of Motley and Briscoe Counties</heading><content>(a) All of the following area located in Motley and Briscoe Counties shall be transferred from the statutorily designated Northern High Plains and Southern High Plains/Caprock Boll Weevil Eradication Zones described at the Texas Agriculture Code, §74.1021(a) to the Northern Rolling Plains Boll Weevil Eradication Zone designated at §3.112 of this title (relating to Northern Rolling Plains Boll Weevil Eradication Zone): that part of Motley County that lies north of a line running along the North Pease River beginning at the intersection of the North Pease River and the Hall County line; continuing southwest to Quitaque Creek; and continuing northwest along Quitaque Creek to the Floyd County line and that part of Briscoe County that lies east of a line running along Hackberry Creek from its intersection with the Armstrong County line to its intersection with the Prairie Dog Town Fork of the Red River; continuing south along Cherokee Creek from its intersection with the Prairie Dog Town Fork of the Red River to County Road 27; continuing south along County Road 27 to Hwy 256; continuing west along Hwy 256 to the Caprock escarpment; and continuing south along the Caprock escarpment to the Floyd County line.(b) The transfer of the area described in subsection (a) of this section from the Northern High Plains and Southern High Plains/Caprock Zones to the Northwest Plains Zone shall be effective upon the passage of a grower referendum in that area approving the transfer.</content><note type="source"><p>Source Note: The provisions of this §3.305 adopted to be effective April 30, 2000, 25 TexReg 3739.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scG/s3.306"><num value="3.306">§3.306</num><heading>Menard County</heading><content>(a) All of Menard County shall be added to the statutorily designated Southern Rolling Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, §74.1021(f).(b) The addition of all of Menard County to the Southern Rolling Plains Zone shall be effective upon the passage of a grower referendum in Menard County approving the addition.</content><note type="source"><p>Source Note: The provisions of this §3.306 adopted to be effective August 7, 2006, 31 TexReg 6203.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scH"><num value="H">SUBCHAPTER H</num><heading>USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scH/s3.400"><num value="3.400">§3.400</num><heading>Definitions</heading><content>The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Bio-intensive control--The use of biologically based pest control tactics, rather than traditional chemical control methods. Biologically based pest control tactics include biological controls, resistant host plants, cultural controls, botanical insecticides, or sterile insect techniques that cause little or no detrimental effect on non-target organisms.(2) Foundation--Texas Boll Weevil Eradication Foundation, Inc.(3) Work unit--That area of cotton within a boll weevil eradication zone overseen by a Foundation Field Unit Supervisor.</content><note type="source"><p>Source Note: The provisions of this §3.400 adopted to be effective September 7, 1998, 23 TexReg 9015; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scH/s3.401"><num value="3.401">§3.401</num><heading>Request for Approval To Use Bio-intensive Control Method(s)</heading><content>(a) Any cotton producer who wishes to use a bio-intensive control method in an active boll weevil eradication zone shall request approval in writing from the foundation at least 90 days prior to traditional cotton planting dates in the area in which the grower farms. Exceptions are:(1) for the use of traditional cultural practices like delayed uniform planting or early stalk destruction; and(2) for fields on which a grower has certified organic production.(b) The request shall be considered by the foundation and shall be granted or denied in writing at least 30 days prior to traditional planting time, and if approved, certification issued designating the time period for which the approval is valid.(c) In the request for use of bio-intensive controls, the grower must state:(1) the specific locations of the cotton fields;(2) the alternative control(s) to be used and its source and availability;(3) the expected date of crop planting;(4) the duration and timing expected in using the control method(s);(5) any scientific or field study trials relevant to the request;(6) the expected cost for using the alternative method;(7) the plan for coordinating the monitoring methods between the foundation and the grower;(8) the grower's name, address and phone numbers; and(9) other pertinent information the grower wishes to be used in determining approval for the use of bio-intensive controls.(d) In making its decision to grant approval for bio-intensive control methods in an active boll weevil eradication program, the foundation shall consider:(1) any and all scientific or field study trials relevant to the requested alternative method, giving special attention to studies conducted in similar growing regions;(2) whether the grower has the fiscal means to pay for the alternative control method and pay any assessment;(3) the overall progress of the boll weevil eradication program in the area and the location of the cotton on which alternative methods are proposed to be used;(4) how the use of alternative methods would impact cotton in the eradication zone in question; and(5) the recommendation from the foundation's technical committee.(e) If a bio-intensive control method is approved by the foundation in accordance with subsection (b) of this section, the grower shall document treatment dates and outcomes, and make the records available to the foundation at a pre-determined time, and stay in weekly contact with the foundation's Field Unit Supervisor for the grower's area to provide updates on boll weevil numbers trapped and area boll weevil infestation counts.(f) If the foundation disapproves the request to use bio-intensive control methods in accordance with subsection (b) of this section, the grower may appeal the decision in writing, within 10 days of receipt of the notification of disapproval, to the department and furnish any additional information the grower wants considered. The department shall determine whether the foundation complied with this subchapter in making its decision and rule on the appeal within 15 days of the receipt of the grower's filing of an appeal. This process must be completed prior to traditional planting dates.</content><note type="source"><p>Source Note: The provisions of this §3.401 adopted to be effective September 7, 1998, 23 TexReg 9015; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scH/s3.402"><num value="3.402">§3.402</num><heading>Treatment of Fields Approved for Use of Alternate Control Methods</heading><content>The foundation shall not treat with its regular regimen of chemical applications fields for which a grower has been approved to use alternative control methods.</content><note type="source"><p>Source Note: The provisions of this §3.402 adopted to be effective September 7, 1998, 23 TexReg 9015; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scH/s3.403"><num value="3.403">§3.403</num><heading>Withdrawal of Approval To Use Bio-intensive Control Methods</heading><content>(a) Fields meeting foundation pest thresholds, and approved for bio-intensive control methods, must be treated within 48 hours of the foundation's notification to the grower or the grower's designee, or the foundation will withdraw approval in writing.(b) If boll weevil numbers in traps or field infestations monitored by the foundation in the field(s) approved for bio-intensive control methods exceed those in a majority of fields within the foundation's work unit by 25% for any period of time during mid-season spraying, the foundation shall notify the grower of this event.(c) If, after discussion between the grower and the foundation, no other alternative bio-intensive control method is available, the grower's approval to use a bio-intensive control method shall be withdrawn by the foundation and notice of withdrawal provided to the grower in writing.(d) A grower may appeal the withdrawal of the certification to the department within five days of receipt of the notice of withdrawal. The grower shall provide a notice of the appeal to the foundation. The foundation shall not treat the grower's field while the department reviews the appeal. In making its decision on the appeal, the department shall consider the impact the decision will have on the overall success of the eradication program in the zone.</content><note type="source"><p>Source Note: The provisions of this §3.403 adopted to be effective September 7, 1998, 23 TexReg 9015; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scH/s3.404"><num value="3.404">§3.404</num><heading>Payment of Costs of Bio-intensive Controls</heading><content>Under all circumstances, any grower who uses alternative methods for treating boll weevils shall pay any additional cost of bio-intensive controls in addition to any assessment required to be paid by growers in the zone in accordance with the Texas Agriculture Code, Chapter 74, Subchapter D.</content><note type="source"><p>Source Note: The provisions of this §3.404 adopted to be effective September 7, 1998, 23 TexReg 9015.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scH/s3.405"><num value="3.405">§3.405</num><heading>Annual Approval</heading><content>A grower must apply for approval annually.</content><note type="source"><p>Source Note: The provisions of this §3.405 adopted to be effective September 7, 1998, 23 TexReg 9015.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scI"><num value="I">SUBCHAPTER I</num><heading>COMPLIANCE CERTIFICATE PROGRAM RULES</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.500"><num value="3.500">§3.500</num><heading>Statement of Purpose/Authority</heading><content>The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, 74.115, as amended by Senate Bill 631, enacted by the 76th Legislature, 1999 (Senate Bill 631), provides that the Texas Boll Weevil Eradication Foundation, Inc. (the foundation) may develop a compliance certificate program to manage the payment and collection of an assessment levied under the Code, Chapter 74, Subchapter D, and, subject to rules adopted by the Texas Department of Agriculture ( the department) and the Commissioner of Agriculture (the commissioner), may issue a compliance certificate for cotton for which an assessment has been paid. In addition, 74.115(d), as amended, provides for an assessment lien in favor of the foundation in the amount of an assessment that is due and unpaid. A cotton buyer takes free of the assessment lien if the buyer receives a compliance certificate issued by the foundation that certifies that the assessment has been paid to the foundation or if the buyer pays for the cotton by a check on which the department is named as a joint payee.</content><note type="source"><p>Source Note: The provisions of this §3.500 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.501"><num value="3.501">§3.501</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 74, Subchapter D, the following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Active eradication zone - A boll weevil eradication zone established under the Texas Agriculture Code, Chapter 74, Subchapter D, in which cotton growers by referendum have approved their participation in a boll weevil or pink bollworm eradication or suppression program and have approved an assessment to fund costs of implementing the program, and in which the Foundation has begun operations.(2) First buyer of cotton - A buyer who buys cotton from a cotton grower and disburses funds to the grower for the purchase of cotton.(3) Department - Texas Department of Agriculture(4) Due and unpaid- An assessment is due and unpaid if it has not been paid after the due date set by the commissioner for payment, and no written agreement has been made with the foundation to pay the assessment.(5) FSA - The Farm Service Agency of the United States Department of Agriculture</content><note type="source"><p>Source Note: The provisions of this §3.501 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.502"><num value="3.502">§3.502</num><heading>Approval of Assessment Rates and Collection Dates</heading><content>(a) Each year, the foundation shall recommend assessment rates, the date a notice of assessment will be sent, and assessment due dates for each active eradication zone to the department for consideration by the commissioner.(b) The Commissioner will review these proposals and determine the assessment rates and due dates for each zone.</content><note type="source"><p>Source Note: The provisions of this §3.502 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.503"><num value="3.503">§3.503</num><heading>Notice of Assessment to Grower</heading><content>(a) The Foundation shall send notice of assessments to each cotton grower in each active zone who has certified cotton acreage with the FSA or has reported cotton acreage to the foundation. Notice shall be sent at least 30 days before the date set by the commissioner as the due date for assessments in that zone.(b) If special circumstances prevent the Foundation from meeting this deadline, the foundation must receive a written waiver from the Commissioner.(c) The notice of assessment shall include the grower's farm number(s) or the foundation's field identification number if the acreage has not been certified with the FSA, counties in which farms are located and identification number (such as social security number or taxpayer identification number) and shall inform the grower of the following:(1) the date the assessment is due;(2) the full amount of their assessment;(3) information relating to an early payment discount;(4) information relating to payment after the due date; and(5) that an automatic lien will attach to the cotton grown on the acreage which is the subject of the assessment and perfect 60 days after the date of the notice of assessment unless the assessment is paid by that date, or written arrangements are made with the foundation by that date to pay the assessments.</content><note type="source"><p>Source Note: The provisions of this §3.503 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.504"><num value="3.504">§3.504</num><heading>Payment of Assessments, Incentives for Early Payment; Penalties for Late Payment; Website</heading><content>(a) All assessments are due in full, postmarked to the foundation on or before the due date set by the commissioner each year.(b) Any grower who pays the full amount of the assessment 15 or more days before the due date will be entitled to a reduction in the total amount of their assessment of not less than 2.0%.(c) Any grower who has not paid the amount of the assessment by the due date will be charged a late fee not to exceed 1.5% per month of the total amount due to the foundation.(d) Assessments not paid 30 days or more after the due date may be referred to the department for assessment of administrative penalties in accordance with the Texas Agriculture Code§74.115, as amended by Senate Bill 631 and §3.74 of this title (relating to Penalties for Non-payment of Assessment and Failure to Timely Report Acreage).(e) The foundation shall maintain a limited-access website that is Y2K compliant. This website shall list by zone growers whose assessments are due and unpaid beginning the date that the assessment lien established by the Code, §74.115 attaches and is perfected. Any grower whose name does not appear on this listing on the date the first buyer of cotton disburses funds to the grower, shall be considered as having paid the assessment in full. The specific information on this website shall include all of the information required to be included on a compliance certificate as described in §3.505 of this title (relating to Compliance Certificates) and any other information deemed necessary by the department. The website shall be updated as information is received by the Foundation, but at least daily during normal business hours. Access to the website shall be provided to known first buyers of cotton including cotton merchants, cotton marketing cooperatives, cotton gins and lenders. Access to the website may also be provided to others, as appropriate..</content><note type="source"><p>Source Note: The provisions of this §3.504 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.505"><num value="3.505">§3.505</num><heading>Compliance Certificates</heading><content>(a) When a grower has paid all assessments for a farm or for all farms for which an assessment is due from the grower, in full for the current crop year, the foundation shall issue a compliance certificate to that grower for that farm and/or for all farms on which an assessment is due from that grower and has been paid in full.(b) This compliance certificate shall include the following information:(1) The name of the grower;(2) The grower's identification number. This shall be either a social security number or tax identification number;(3) All farm numbers on which the grower has an interest in cotton and the full assessment has been paid. This shall include a listing of the county and the farm number as certified by the FSA, or the foundation's identification number for that farm in the event that the farm is not certified with FSA.(c) A compliance certificate shall be issued and mailed by the foundation within 5 working days of the date the full amount of assessment is received by the foundation.(d) In addition to the document described in subsection (b) of this section, the following shall also serve the same purpose as a compliance certificate and shall be accepted by first buyers of cotton as proof of payment of an assessment, in the same manner as a compliance certificate:(1) payment information obtained from the foundation's limited access website including a download or printout of payment information relating to individual growers;(2) a receipt issued by the foundation evidencing payment of the assessment on the acreage on which the cotton was grown as long as the receipt contains the same information required to be included on the compliance certificate; or(3) a faxed copy of the compliance records of the foundation.</content><note type="source"><p>Source Note: The provisions of this §3.505 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.506"><num value="3.506">§3.506</num><heading>Attachment of Lien on Harvested Cotton</heading><content>(a) An assessment lien established under the Texas Agriculture Code, §74.115, as amended by Senate Bill 631 (assessment lien) attaches and is perfected 60 days after the date the foundation mails notice of an assessment due and owing by a cotton grower certifying or reporting cotton production within an active eradication zone.(b) The assessment lien attaches to cotton produced and harvested from acreage subject to the assessment that assessment year for the amount of the assessment which is due and unpaid, as defined by §3.501 of this title (relating to Definitions), for that assessment year.(c) The assessment lien attaches only as to the first buyer of cotton and subsequent buyers take the cotton free of the assessment lien.(d) A first buyer of cotton takes free of the assessment lien if the buyer receives a compliance certificate or other acceptable documentation as described in §3.505 of this title (relating to Compliance Certificates).(e) A first buyer of cotton also takes free of the assessment lien if the buyer pays for the cotton with a check naming the department as a joint payee, or writes a separate check for the full amount of the unpaid assessment naming the department as the sole payee.(f) In the event a check is issued naming the department as a joint payee:(1) The grower should contact the department or the foundation for instructions on how to proceed to obtain an endorsement of the check and a release of lien.(2) If a check is issued to a lender or other entity as well as the department and the grower, and the lender or other entity is entitled to all or a portion of the proceeds from the sale resulting in only a partial or no payment of the assessment, the grower must provide documentation adequate to establish the amount of the lien owed to the lender or other entity, prior to endorsement of the check by the department and release of the assessment lien by the Foundation.(3) In addition to paying the assessment owed in full or providing documentation that a superior lien holder has claim to all or a portion of the proceeds from sale of the cotton, before the department will release an endorsed check to the grower and the foundation issues a release of lien, the grower shall verify that no other liens exist as to the cotton which is the subject of the assessment lien by executing an affidavit to that effect.</content><note type="source"><p>Source Note: The provisions of this §3.506 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.507"><num value="3.507">§3.507</num><heading>Notice to Buyers</heading><content>Notwithstanding any other provisions of this subchapter:(1) Once a lien is perfected and attaches in accordance with the Texas Agriculture Code, §74.115, as amended by Senate Bill 631, the lien established will be solely against cotton growers and first buyers of cotton, as defined by §3.501 of this title (relating to Definitions), and will be subject to and pre-empted by the Food Security Act of 1985 (7 USCA 1631), and the lien notice provisions thereof to first buyers of cotton, to be given by the foundation.(2) The lien established by § 74.115 is not effective or enforceable against a first buyer of cotton until the written notice described in paragraph (1) of this section is received by the buyer.</content><note type="source"><p>Source Note: The provisions of this §3.507 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.508"><num value="3.508">§3.508</num><heading>Lien Priority</heading><content>An assessment lien placed in accordance with this section is not a priority lien, and does not have superior status to prior liens on the harvested cotton to which the lien is attached under this subchapter and the Texas Agriculture Code, §74.115, as amended by Senate Bill 631.</content><note type="source"><p>Source Note: The provisions of this §3.508 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scI/s3.509"><num value="3.509">§3.509</num><heading>Release of Lien</heading><content>The foundation will issue a release of lien to the grower:(1) once the assessment has been paid in full or adequate documentation has been provided to establish that a prior lienholder is entitled to all or a portion of proceeds of the sale of cotton that would be paid towards the assessment; and(2) the grower has executed an affidavit verifying that no other lienholders are entitled to the proceeds of the cotton, which is subject to the assessment lien.</content><note type="source"><p>Source Note: The provisions of this §3.509 adopted to be effective October 1, 1999, 24 TexReg 7398.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scJ"><num value="J">SUBCHAPTER J</num><heading>ORGANIC COTTON RULES</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.600"><num value="3.600">§3.600</num><heading>Statement of Purpose and Authority</heading><content>The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.1011 designates the Texas Boll Weevil Eradication Foundation, Inc. (the foundation) as the entity to carry out boll weevil and pink bollworm eradication in Texas. The Code, §74.120, provides the Commissioner of Agriculture with the authority to adopt reasonable rules to carry out the purposes of Chapter 74, Subchapter D. The Code, §74.125 provides that the Commissioner shall adopt rules and procedures to protect the eligibility of certified organic and transitional cotton production in active eradication zones and ensure that organic and transitional certification by the commissioner continue to meet national certification standards in order for organic cotton to maintain international marketability, while ensuring the ultimate success of the boll weevil eradication program in Texas. Section 74.125 further provides that rules adopted under that section may provide indemnity for the organic cotton growers for reasonable losses that result from a prohibition of production of organic cotton or destruction of organic cotton. Mitigation of losses with production of an alternative crop may be required by the foundation board of directors. The foundation board may not treat or require treatment of organic cotton with chemicals that are not allowed for use on certified organic cotton except as provided in Chapter 18 of this title (relating to Organic Standards and Certification). Plow-up of an organic cotton field may be required as an alternative to treatment with chemicals.</content><note type="source"><p>Source Note: The provisions of this §3.600 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.601"><num value="3.601">§3.601</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active eradication zone--A boll weevil eradication zone established in accordance with the Texas Agriculture Code, Chapter 74, Subchapter D, in which a referendum of cotton growers has been held and both the establishment of an eradication program and a maximum assessment have been approved by growers for that zone and eradication activities are in progress or the zone has been declared eradicated by the commissioner.(2) Certified organic crop--A crop which has undergone independent third-party verification by the department or a registered private certifying agent that the crop has been produced in compliance with the Texas Organic Standards, Chapter 18 of this title (relating to Organic Standards and Certification), and qualified for full organic status, including the requirement that the land on which the crop is grown has had no prohibited substances applied for at least 36 months prior to harvest.(3) Foundation--The Texas Boll Weevil Eradication Foundation, Inc.(4) Plow-up--To shred or plow in a manner which destroys all hostable plants.(5) Transitional crop--A crop which has undergone independent third-party verification by the department or a registered private certifying agent that the crop has been produced on land in compliance with the transitional certification requirements in §18.300 of this title (relating to Transitional Certification Requirements).(6) Trap count--The number of boll weevils recorded as captured in a pheromone trap as inspected on a routine basis by an employee of the foundation.(7) Trigger levels--Standards established by the foundation for the number of weevils recorded in a trap or for the number of boll weevils trapped per acre that would initiate further action by the foundation.</content><note type="source"><p>Source Note: The provisions of this §3.601 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.602"><num value="3.602">§3.602</num><heading>Planting of Certified Organic or Transitional Cotton in Active Eradication Zones</heading><content>The decision on whether to plant certified organic or transitional cotton in any field located in an active eradication zone will be made solely by the grower producing the crop, subject to any designations of prohibited growing areas under the Code, §74.118, and rules adopted thereunder. Neither the foundation nor the department will urge or persuade, in any way, a grower to plant or not to plant certified organic or transitional cotton. This provision shall not affect the rights of the parties to negotiate in good faith pursuant to §3.607 of this chapter (relating to Eligibility for Indemnification).</content><note type="source"><p>Source Note: The provisions of this §3.602 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.603"><num value="3.603">§3.603</num><heading>Communication with Organic Producers; Notification of Organic Production</heading><content>(a) Growers applying for or holding certified organic or transitional organic certification with the department or a registered private certifying agent and who intend to devote acres to organic or transitional crops must submit all appropriate documentation to the department's Organic Certification Program, in accordance with Chapter 18 of this title (relating to Organic Standards and Certification), in order to be recognized by the foundation as a certified organic or transitional grower for purposes of this section.(b) The department will contact all producers with certified organic or transitional acreage in an active boll weevil eradication zone before January 15 of each year by sending notice to the address on file with the department's Organic Certification Program for the grower. These producers will be informed that they should notify the foundation of their planting intentions no later than the date of planting the crop. It is the responsibility of the grower to inform the foundation of the location of all certified organic or transitional production within an active boll weevil eradication zone.(c) The foundation will communicate with all growers of certified organic or transitional crops in active eradication zones to discuss eradication activities in and around the production of such crops and to plan measures to minimize problems such as drift.</content><note type="source"><p>Source Note: The provisions of this §3.603 adopted to be effective May 15, 2000, 25 TexReg 2992.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.604"><num value="3.604">§3.604</num><heading>Protection of Organic Certification</heading><content>(a) The foundation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal eradication activities.(b) In the event the foundation or an employee or independent contractor of the foundation inadvertently treats a certified organic or transitional field or portion of a crop, either directly or through drift, with prohibited materials, the foundation will, to the extent appropriate, assist the grower in obtaining just and reasonable compensation.(c) For purposes of this section, a determination of whether or not a direct treatment or drift occurred will be made by the department in accordance with established procedures.(d) In the event of a confirmed case of direct treatment or drift of chemical applied for or by the foundation, and where appropriate, the department will investigate and seek such penalties as warranted under the Texas Agriculture Code, Chapter 76, and Chapter 7 of this title (relating to Pesticides).</content><note type="source"><p>Source Note: The provisions of this §3.604 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.605"><num value="3.605">§3.605</num><heading>Trigger Levels</heading><content>(a) During the first season of treatment in an active boll weevil eradication zone, the "diapause" phase of the program, all organic producers may plant certified organic or transitional cotton consistent with §3.602 of this chapter (relating to Planting of Certified Organic or Transitional Cotton in Active Eradication Zones), without regard to boll weevil trap captures. Producers will be required to communicate with the foundation as prescribed in §3.603 of this chapter (relating to Communication with Organic Producers; Notification of Organic Production).(b) Certified organic or transitional cotton fields in active boll weevil eradication zones will adhere to the same trap count trigger levels that are set by the foundation and pursuant to subsection (c) of this section for conventional cotton fields in that zone beginning in the first season-long phase of the program and continuing each season thereafter.(c) Trap count triggers will be set under the following conditions.(1) The foundation will inform organic growers of the trigger levels at the beginning of each season.(2) The trap count trigger level may change during the season, and when these changes are made, the foundation will inform organic growers at least 48 hours prior to implementing a new trap count trigger level.(3) Traps around organic cotton fields will be checked at the same interval as traps around conventional fields in the same zone.(4) The establishment of the trap count trigger level and placing of traps will be based on sound scientific and entomological considerations and shall be implemented in a fair and equitable manner.(d) If an organic or transitional field surpasses the set trap count trigger level, a technical review committee will determine if destruction of that field or other alternative action should be required using the following procedures.(1) This committee will consist of the foundation program director or designee, a member of the foundation's technical advisory committee appointed by the commissioner, and a department representative designated by the Commissioner.(2) No less than two committee members will meet at the field in question within 48 hours after the field surpasses the trap count trigger level.(3) The committee will consider factors established by the foundation's technical advisory committee and approved by the foundation's board and the commissioner including, but not limited to, crop damage, trap captures in nearby traps, and cost to the eradication program.(4) The technical review committee shall make a written recommendation to the commissioner on the organic cotton field in question specifying the recommended actions and justification for those actions. This recommendation shall be made within 48 hours after the field surpasses the trap count trigger level.(5) The commissioner shall review the technical review committee's recommendation and make a final determination on the action required within one business day of receiving the committee's recommendation.(6) Should the commissioner determine that some type of eradication activity should occur, the grower may elect to either destroy the crop as prescribed in §3.606 of this chapter (relating to Crop Destruction; Extensions).(e) Destruction of an organic cotton crop under this section will not be required, regardless of trap captures, once the crop in that field has reached cut-out stage for that season. This stage will be determined through the following process.(1) For purposes of this section, "cut-out stage" is defined as at least 50% of cotton plants in a field having four or fewer nodes above white flower.(2) The grower will contact the foundation when they believe their crop has reached cut-out stage.(3) A foundation representative will inspect the field within 48 hours after being contacted by the grower to confirm that it has reached cut-out stage.(4) If there is a dispute relating to the stage of the crop, a department representative designated by the commissioner will inspect the crop and determine if cut-out stage has been reached.(5) The foundation will notify the department when it is determined that a field has reached cut-out stage.</content><note type="source"><p>Source Note: The provisions of this §3.605 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.606"><num value="3.606">§3.606</num><heading>Crop Destruction; Extensions</heading><content>(a) Crop destruction. A grower who has been notified that destruction of the grower's organic cotton crop is necessary will have no more than seven calendar days from the date of receipt of notification to destroy that crop by plow-up.(b) Extension requests. A request for a deadline extension will be handled as follows.(1) The department may, on written request by a grower, grant an extension of the destruction deadline. Request for extensions may be granted for the following reasons:(A) weather factors;(B) illness;(C) mechanical failure; or(D) other good cause, as determined by the department.(2) A written request for an extension of the destruction deadline must be submitted on a form prescribed by the department.(3) Request forms may be obtained from either the department or the foundation.(4) Failure to complete the form in its entirety may result in denial of the request.(5) All requests for extensions shall be postmarked on or prior to the destruction deadline.(c) Penalties for not destroying a crop by the deadline.(1) If the crop is not destroyed within seven calendar days of the date of notification or expiration of an approved extension, the compensation the grower is entitled to under §3.608 of this chapter (relating to Calculation of Indemnity or Compensation), for that acreage will be decreased by 50%.(2) If the crop is not destroyed within 14 calendar days of the date of notification or expiration of an approved extension, the grower will no longer be entitled to compensation under §3.608 of this chapter, for that acreage.(3) The department may assess an administrative penalty of not more than $5,000 per day if the crop is not destroyed within 15 calendar days after the date of notification or expiration of an approved extension.(4) If the crop is not destroyed by the 15th day after the date of notification or expiration of an approved extension, the department or its designee may destroy the crop.</content><note type="source"><p>Source Note: The provisions of this §3.606 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.607"><num value="3.607">§3.607</num><heading>Eligibility for Indemnification</heading><content>(a) Certified organic and/or transitional cotton growers in active eradication zones may negotiate and enter into voluntary indemnification agreements with the foundation provided that those agreements are negotiated and made in good faith by both parties and are approved by the commissioner.(b) Until each respective zone is declared eradicated by the commissioner, certified organic and/or transitional cotton growers in eradication zones that are active at the time this rule becomes effective will be eligible for compensation under the following conditions.(1) The grower must have planted certified organic or transitional cotton during or prior to the 1999 crop year.(2) The grower's base acreage will be based on the grower's choice of one of the following:(A) row acres planted to certified organic and transitional cotton in 1999; or(B) an average of row acres planted to certified organic and transitional cotton in the 1997, 1998, and 1999 crop years.(3) Until each respective zone is declared eradicated by the commissioner, certified organic and/or transitional cotton growers in the Southern Rolling Plains, South Texas/Winter Garden, and Rolling Plains Central Boll Weevil Eradication Zones will be assigned a base acreage by the commissioner based upon historical production of organic and/or transitional cotton by that grower.(c) Certified organic and/or transitional cotton growers in boll weevil eradication zones which become active after the effective date of this subchapter will be eligible for compensation under the following conditions.(1) The grower must have an application for transitional or organic cotton approved by the department's Organic Certification Program at least one year before the date a referendum is held establishing a boll weevil eradication program and assessment and approving a budget for that zone.(2) The grower's base acreage will be based on the grower's choice of one of the following:(A) the grower's row acreage planted to certified organic and/or transitional cotton in the year preceding the crop year on which the referendum is based; or(B) an average of the grower's row acreage planted to certified organic and/or transitional cotton in the year preceding the crop year on which the referendum is based and the two previous years.(d) Any grower eligible for indemnification under subsections (b) or (c) of this section may, upon approval of the commissioner, transfer eligible base acreage to another grower and thereby transfer to the new grower eligibility for indemnification for cotton grown on that acreage for the purposes of this chapter, provided that organic certification requirements found at Chapter 18 of this title (relating to Organic Standards and Certification) are met by the new grower.</content><note type="source"><p>Source Note: The provisions of this §3.607 adopted to be effective June 14, 2000, 25 TexReg 5621; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective July 6, 2003, 28 TexReg 5134; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.608"><num value="3.608">§3.608</num><heading>Calculation of Indemnity or Compensation</heading><content>(a) To be eligible for indemnification if a crop must be destroyed under §3.606 of this chapter (relating to Crop Destruction; Extensions), a grower must report the United States Department of Agriculture (USDA) Farm Service Agency farm numbers, physical locations, and row acreage on each farm that the grower will use as the base acreage calculated in §3.607 of this chapter (relating to Eligibility for Indemnification) to the foundation before planting each year on a form provided by the foundation.(b) If certified organic or transitional cotton on the grower's base acreage is destroyed through the requirements of this subchapter, any indemnification will be made within 30 days of verification of actual destruction.(c) If the commissioner determines that the foundation is delinquent in a payment owed to a grower, the foundation will be responsible for an additional payment to the grower of 1.5% of the amount owed per month of delinquency.(d) The following factors will be considered when calculating indemnity payments for organic cotton growers whose cotton is required to be destroyed in accordance with §3.605 of this chapter (relating to Trigger Levels) and §3.606 of this chapter (relating to Crop Destruction; Extensions):(1) eligible acreage - the base acreage, in row acres planted to certified organic or transitional cotton, determined as provided in §3.607 of this chapter (relating to Eligibility for Indemnification), and identified for that field as described in this section. Organic or transitional cotton must be planted on this acreage by the final planting date set by the USDA Risk Management Agency in the county in which the crop is planted.(2) yield - the yield per acre will be determined by using the Actual Production History (APH) per row acre planted to cotton for that farm, as determined by the USDA Risk Management Agency; and(3) conventional cotton price - the conventional cotton price will be determined by the upland cotton price election for an APH policy in the county in which the organic or transitional cotton in question lies for the current crop year. This price for the coming crop year is published by the USDA Risk Management Agency before December 31 of each year.(e) When a grower is entitled to indemnification as a result of crop destruction, the foundation will indemnify the grower in accordance with the following formulas:(1) If the notice is received by the grower less than 30 days after the final planting date in that county that destruction of a crop is required, the indemnity will be: eligible acreage x yield x (conventional cotton price + $0.39) x 50%, with no mitigation required; or(2) If the notice is received by the grower 30 days or more after the final planting date in that county that destruction of a crop is required, the indemnity will be: eligible acreage x yield x (conventional cotton price + $0.39) x 65%, with no mitigation required.(3) For purposes of this subsection, notice is deemed received by the grower:(A) upon hand-delivery of the notice to the grower or an authorized representative by a department employee;(B) if mailed by certified mail, return receipt requested, upon the date of delivery as shown on the receipt; if no delivery date is shown, three days after the date the department deposits the notice in the mail as shown by department records or other competent evidence; or(C) if mailed by regular mail, and upon showing of proof by the department that the notice was deposited in the mail and sent to grower's last known mailing address, three days after date of mailing.(f) After a zone has been declared eradicated by the commissioner:(1) any grower who plants certified organic or transitional cotton will be eligible for indemnification on an acre per acre basis only, if all or part of a crop is required to be destroyed;(2) indemnification will only be available for certified organic and/or transitional cotton acreage that is required to be destroyed; and(3) indemnification will be acreage x yield x (conventional cotton price + $0.39) x 75%, with no mitigation required.(g) The commissioner will resolve any dispute between the grower and the foundation regarding the amount of indemnification.</content><note type="source"><p>Source Note: The provisions of this §3.608 adopted to be effective June 14, 2000, 25 TexReg 5621; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective August 6, 2001, 26 TexReg 5785; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scJ/s3.609"><num value="3.609">§3.609</num><heading>Payment of Assessment</heading><content>(a) Organic growers who plant certified organic or transitional cotton will be required to pay an assessment in accordance with the Code, Chapter 74, Subchapter D, and rules adopted thereunder. This assessment will be in the amount set for the entire zone and will be billed in the same manner as all cotton grown in the zone.(b) Agreements negotiated under §3.607 of this chapter (relating to Eligibility for Indemnification) may include provisions for payment of an assessment or reduction of payment to an organic grower in the amount of an assessment for that acreage.</content><note type="source"><p>Source Note: The provisions of this §3.609 adopted to be effective June 14, 2000, 25 TexReg 5621; amended to be effective June 26, 2023, 48 TexReg 3405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c3/scK"><num value="K">SUBCHAPTER K</num><heading>MAINTENANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.700"><num value="3.700">§3.700</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--The board of directors of the Texas Boll Weevil Eradication Foundation, Inc.(2) Boll weevil--The meaning assigned by Texas Agriculture Code, §74.002.(3) Central collection point--All cotton warehouses, cotton compresses, and other venues collecting harvested and ginned cotton that was produced within a maintenance area, as described and defined in these rules. "Central collection point" shall include a cotton gin only when:(A) the cotton in question ships directly from the gin to a user or exporter of cotton, and is not stored at a domestic warehouse or compress, and then only for those bales that ship directly; or(B) when a cotton gin agrees to serve as a central collection point.(4) Commissioner--The Commissioner of agriculture.(5) Foundation--The Texas Boll Weevil Eradication Foundation, Inc., a Texas nonprofit corporation.(6) Department--The Texas Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §3.700 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.701"><num value="3.701">§3.701</num><heading>Authority and Purpose</heading><content>The Texas Agriculture Code, §74.202 provides the commissioner of agriculture with the authority, by rule, to designate boll weevil and pink bollworm eradication maintenance areas for the continued protection of the cotton industry.</content><note type="source"><p>Source Note: The provisions of this §3.701 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.702"><num value="3.702">§3.702</num><heading>West Texas Maintenance Area</heading><content>(a) The West Texas Maintenance Area shall consist of the following eleven (11) existing contiguous eradication zones: El Paso/Trans Pecos, Northern Rolling Plains, Northwest Plains, Panhandle, Permian Basin, Rolling Plains Central, Southern High Plains/Caprock, Southern Rolling Plains, Northern High Plains, St. Lawrence, and Western High Plains.(b) In each of the eleven (11) existing contiguous eradication zones listed in subsection (a) of this section, the commissioner has determined that:(1) the boll weevil has been eradicated;(2) the zone has satisfied any debt owed to the Foundation;(3) the cotton grower steering committee for each zone was consulted by the Foundation regarding the inclusion of the zone in the West Texas maintenance area; and(4) the Foundation board has requested that each zone be included in the West Texas maintenance area.(c) In order to support eradication efforts and to prevent re-infestation in the eleven (11) eradication zones listed in subsection (a) of this section, the following seven (7) additional counties, contiguous to the existing eradication zones within the West Texas Maintenance Area, but not previously included in an eradication zone, are included in the West Texas Maintenance Area: Sterling, Sutton, Edwards, Bandera, Real, Kimble, and Kerr.</content><note type="source"><p>Source Note: The provisions of this §3.702 adopted to be effective January 20, 2015, 40 TexReg 326; amended to be effective January 8, 2017, 42 TexReg 11; amended to be effective September 26, 2023, 48 TexReg 5538.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.703"><num value="3.703">§3.703</num><heading>West Texas Maintenance Area - Maintenance Fees</heading><content>(a) A maximum per-bale maintenance fee shall be assessed on all cotton grown in the West Texas Maintenance Area. The fee shall be set by the Commissioner on an annual basis and shall be in an amount up to a maximum of $1.50 per bale.(b) The Board shall submit an annual recommendation to the Commissioner by March 15 regarding the maintenance fee to be used each crop year. Each year, prior to submitting its recommendation to the Commissioner, the Board shall consult with the cotton grower steering committees within the West Texas Maintenance Area to develop a maintenance fee recommendation to submit to the Commissioner.(c) The Board shall consider the following factors, as applied to the West Texas Maintenance Area, when determining the annual maintenance fee recommendation:(1) number of cotton acres;(2) potential for reinfestation;(3) the length of the growing season;(4) epidemiology;(5) historical weather conditions;(6) expected costs of maintenance program; and(7) need for an adequate reserve to respond to potential re-infestations in a rapid, effective manner.(d) The Commissioner shall consider the Board's recommendation, and may accept, reject or modify the Board's recommendation.(e) The Commissioner shall set the annual per-bale maintenance fee by April 1 each year.(f) The Board shall provide the information regarding the current crop year's fee to the central collection points described in §3.704 of this subchapter (relating to West Texas Maintenance Area - Collection of Maintenance Fees) by certified mail including the duty to collect the maintenance fee, the amount of the annual fee, and instructions regarding the remittance of the fee to the Foundation.</content><note type="source"><p>Source Note: The provisions of this §3.703 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.704"><num value="3.704">§3.704</num><heading>West Texas Maintenance Area - Collection of Maintenance Fees</heading><content>(a) The first central collection points receiving and shipping cotton produced in the West Texas Maintenance Area shall collect the per-bale maintenance fee on all cotton produced in the area, beginning upon receipt of the notifications from the Commissioner and the Foundation, and continuing until such time as the Commissioner gives notice otherwise.(b) Beginning on the effective date of this subchapter and continuing for each year thereafter, until such time as the Commissioner gives notice otherwise, the first central collection points shall forward all West Texas Maintenance Area maintenance fees to the Foundation, for cotton grown in the year 2015 or later, on the following schedule:(1) for all cotton that is sold, paid and shipped by February 15, and not previously submitted and reported, submit to the Foundation by March 1;(2) for all cotton that is sold, paid and shipped by May 15, and not previously submitted and reported, submit to the Foundation by June 1; and(3) for all cotton that is sold, paid and shipped by September 15, and not previously submitted and reported, submit to the Foundation by October 1.(c) The first central collection point shall submit a report with each maintenance fee submission listing all West Texas Maintenance Area cotton received and shipped and the maintenance fees and remitted from such cotton proceeds, on a form promulgated by the Foundation.(d) In the event a central collection point collects and remits a maintenance fee on cotton that was produced outside of the West Texas Maintenance Area, and the cotton producer from whom the fee was collected submits a refund request, along with documentation demonstrating that the cotton was not produced in the West Texas Maintenance Area, to the Foundation, the Foundation shall issue a maintenance fee refund to such cotton producer.(e) Maintenance fees collected and received by the Foundation are not state funds.</content><note type="source"><p>Source Note: The provisions of this §3.704 adopted to be effective January 20, 2015, 40 TexReg 326; amended to be effective February 1, 2016, 41 TexReg 775.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.705"><num value="3.705">§3.705</num><heading>East Texas Maintenance Area</heading><content>(a) The East Texas Maintenance Area shall consist of the following four (4) existing contiguous eradication zones: Northern Blacklands, Southern Blacklands, South Texas/Wintergarden, and Upper Coastal Bend.(b) In each of the four (4) existing contiguous eradication zones listed in subsection (a) of this section, the Commissioner has determined that:(1) the boll weevil has been eradicated;(2) the zone has satisfied any debt owed to the Foundation;(3) the cotton grower steering committee for each zone was consulted by the Foundation regarding the inclusion of the zone in the East Texas maintenance area; and(4) the Foundation board has requested that each zone be included in the East Texas Maintenance Area.</content><note type="source"><p>Source Note: The provisions of this §3.705 adopted to be effective November 13, 2016, 41 TexReg 9011; amended to be effective September 26, 2023, 48 TexReg 5538.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.706"><num value="3.706">§3.706</num><heading>East Texas Maintenance Area - Maintenance Fees</heading><content>(a) A maximum per-bale maintenance fee shall be assessed on all cotton grown in the East Texas Maintenance Area. The fee shall be set by the Commissioner on an annual basis and shall be in an amount up to a maximum of $5 per bale.(b) The Board shall submit an annual recommendation to the Commissioner by March 15 regarding the maintenance fee to be used each crop year. Each year, prior to submitting its recommendation to the Commissioner, the Board shall consult with the cotton grower steering committees within the East Texas Maintenance Area to develop a maintenance fee recommendation to submit to the Commissioner.(c) The Board shall consider the following factors, as applied to the East Texas Maintenance Area, when determining the annual maintenance fee recommendation:(1) number of cotton acres;(2) potential for reinfestation;(3) the length of the growing season;(4) epidemiology;(5) historical weather conditions;(6) expected costs of maintenance program; and(7) need for an adequate reserve to respond to potential re-infestations in a rapid, effective manner.(d) The Commissioner shall consider the Board's recommendation, and may accept, reject or modify the Board's recommendation.(e) The Commissioner shall set the annual per-bale maintenance fee by April 1 each year.(f) The Board, on annual basis, shall provide the following information by certified mail to the central collection points described in §3.707 of this subchapter (relating to East Texas Maintenance Area - Collection of Maintenance Fees): the duty to collect the maintenance fee, the amount of the annual fee, and instructions on remittance of the fee to the Foundation.</content><note type="source"><p>Source Note: The provisions of this §3.706 adopted to be effective November 13, 2016, 41 TexReg 9011.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.707"><num value="3.707">§3.707</num><heading>East Texas Maintenance Area - Collection of Maintenance Fees</heading><content>(a) The first central collection points receiving and shipping cotton produced in the East Texas Maintenance Area shall collect the per-bale maintenance fee on all cotton produced in the area, beginning upon receipt of notifications from the Commissioner and the Foundation, and continuing until such time as the Commissioner gives notice otherwise.(b) Beginning on the effective date of this subchapter and continuing for each year thereafter, until such time as the Commissioner gives notice otherwise, the first central collection points shall forward all East Texas Maintenance Area maintenance fees to the Foundation, for cotton grown in the year 2017 or later, on the following schedule:(1) for all cotton that is sold, paid and shipped by February 15, and not previously submitted and reported, submit to the Foundation by March 1;(2) for all cotton that is sold, paid and shipped by May 15, and not previously submitted and reported, submit to the Foundation by June 1; and(3) for all cotton that is sold, paid and shipped by September 15, and not previously submitted and reported, submit to the Foundation by October 1.(c) The first central collection point shall submit a report with each maintenance fee submission listing all East Texas Maintenance Area cotton received and shipped and the maintenance fees and remitted from such cotton proceeds, on a form promulgated by the Foundation.(d) In the event a central collection point collects and remits a maintenance fee on cotton that was produced outside of the East Texas Maintenance Area, and the cotton producer from whom the fee was collected submits a refund request to the Foundation, along with documentation demonstrating that the cotton was not produced in the East Texas Maintenance Area, the Foundation shall issue a maintenance fee refund to such cotton producer.(e) Maintenance fees collected and received by the Foundation are not state funds.</content><note type="source"><p>Source Note: The provisions of this §3.707 adopted to be effective November 13, 2016, 41 TexReg 9011.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c3/scK/s3.711"><num value="3.711">§3.711</num><heading>Penalty and Remedies</heading><content>A violation of this subchapter is subject to an administrative penalty not to exceed $5,000 per violation, as prescribed in §12.020 of the Texas Agriculture Code. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment.</content><note type="source"><p>Source Note: The provisions of this §3.711 adopted to be effective November 13, 2016, 41 TexReg 9011.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c6"><num value="6">CHAPTER 6</num><heading>SEED ARBITRATION</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c6/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p1/c6/sc/s6.1"><num value="6.1">§6.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--The State Seed and Plant Board as established under the Texas Agriculture Code, §62.002 which is the board of arbitration for complaints filed under this chapter. As a board of arbitration, the State Seed and Plant Board, also referred to as the Seed Arbitration Board in that capacity, shall conduct arbitration as provided by the Texas Agriculture Code, Chapter 64.(2) Chairman--The chairman of the State Seed and Plant Board.(3) Commissioner--The commissioner of the Texas Department of Agriculture or his designee.(4) Complaint--Unless otherwise noted, a sworn statement filed under the Texas Agriculture Code, Chapter 64, alleging loss or damages incurred as a result of the failure of the seed to produce or perform as represented by warranty or by the label required to be attached to the seed under the Texas Agriculture Code, Chapter 64 or as a result of negligence.(5) Department--The Texas Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §6.1 adopted to be effective November 4, 1997, 22 TexReg 10638.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c6/sc/s6.2"><num value="6.2">§6.2</num><heading>Field Inspection</heading><content>Except in the case of seed that has not been planted, the complaint must be filed within the time necessary to permit effective inspection of the plants which are the subject of the arbitration complaint under field conditions. The Board, in its discretion, may allow an inspection conducted of the plants which are the subject of the arbitration complaint as part of a department investigation on a seed complaint filed under the Texas Agriculture Code, Chapter 61, to be used to meet this requirement.</content><note type="source"><p>Source Note: The provisions of this §6.2 adopted to be effective November 4, 1997, 22 TexReg 10638.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c6/sc/s6.3"><num value="6.3">§6.3</num><heading>Notification Requirements</heading><content>The purchaser must file the sworn complaint with the commissioner, as required in the Texas Agriculture Code, §64.006(a), and at the same time a copy shall be sent to the seller by certified mail.</content><note type="source"><p>Source Note: The provisions of this §6.3 adopted to be effective November 4, 1997, 22 TexReg 10638.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c6/sc/s6.4"><num value="6.4">§6.4</num><heading>Cost of Arbitration</heading><content>(a) Arbitration filing fee. A nonrefundable filing fee of $500 shall accompany the sworn complaint and must be sent to the Texas Department of Agriculture, P.O. Box 629, Giddings, Texas 78942. If the board recommends to award damages to the complainant, the filing fee may be included in the arbitration costs assessed to the responsible party.(b) Arbitration expenses. Upon recommendation of the board, all costs of arbitration shall be assessed by the commissioner against any party found responsible by the board. This includes costs incurred from:(1) the hiring of an outside investigator;(2) any investigation expenses (i.e., telephone costs, mail costs, copy costs, costs for weather reports, costs involved in growing out a representative sample of the seed involved, and any other relevant costs);(3) travel expenses incurred by the board, any outside investigator and department employees involved in the investigation and/or arbitration proceedings;(4) the hiring of an outside arbitrator; and(5) any arbitration proceeding expenses (i.e., meeting room costs, telephone costs, mail costs, copy costs, rental of additional equipment requested by the board or parties involved, and any other relevant costs).</content><note type="source"><p>Source Note: The provisions of this §6.4 adopted to be effective November 4, 1997, 22 TexReg 10638; amended to be effective September 1, 2003, 28 TexReg 7343; amended to be effective January 1, 2016, 40 TexReg 9614.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c7"><num value="7">CHAPTER 7</num><heading>PESTICIDES</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scA/s7.1"><num value="7.1">§7.1</num><heading>Definitions</heading><content>In addition to the definitions set out in the Code, §76.001, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Agriculture Code, Chapter 76.(2) Adjoining--Directly contiguous to a field on which pesticides may be applied or which is separated from a field only by a road, railway, or utility right-of-way, or by a government-owned land corridor or waterway having a width of not more than 100 feet.(3) Agricultural commodity--A plant or animal grown for sale, lease, barter, feed, or human consumption and animals raised for farm or ranch work.(4) Application--The placing of a pesticide on a plant, animal, building, or soil; or its release into the air or water to prevent or destroy pests.(5) Code--The Texas Agriculture Code.(6) Commissioner--The commissioner of agriculture of the State of Texas, or the commissioner's designee.(7) CEU--Continuing Education Unit.(8) Dealer--Any person who distributes within or into this state any restricted-use or state-limited-use pesticides or regulated herbicides.(9) EPA--United States Environmental Protection Agency.(10) Extension--Texas A&M AgriLife Extension Service.(11) Farm labor camp--Housing used by one or more seasonal, temporary, permanent, or migrant workers and accompanying dependents which are owned, operated, or managed by the farm operator or licensed by the State of Texas.(12) Farm operator--The person responsible for the overall control and management of the crop.(13) Formulation--A mixture of active and inert ingredients prepared for use as a pesticide for practical use.(14) Livestock--Cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise defined.(15) Person--Includes any individual, partnership, association, corporation, company, joint stock association, governmental subdivision, public or private organization of any character, body politic or any organized group of persons, whether incorporated or not, including any trustee, receiver, assignee, or similar representative thereof.(16) Purchase--A transaction entailing payment for a pesticide, and delivery and/or physical possession of the pesticide to or by a licensed person or a person under the direct supervision of a licensed person.(17) Regulated herbicide--A herbicide product containing an active ingredient classified as a regulated herbicide by §7.30 of this chapter (relating to Classification of Pesticides).(18) State-limited-use pesticide--Any pesticide product containing an active ingredient classified as a state-limited-use pesticide by §7.30 of this chapter (relating to Classification of Pesticides).(19) Trained trainer--Anyone who has completed an EPA-approved WPS train-the-trainer program or a WPS-trained handler who may train workers only.(20) Volatility--The tendency of a substance to change from a liquid or solid to a gaseous state. It is the movement of a pesticide in a gaseous state in the air from surface water, soil, or vegetation.(21) Worker Protection Standard (WPS)--The federal worker protection standard as found in the Code of Federal Regulations, 40 C.F.R. Part 170.</content><note type="source"><p>Source Note: The provisions of this §7.1 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scA/s7.2"><num value="7.2">§7.2</num><heading>Resident Agents</heading><content>(a) Any person designated by an out-of-state applicant as a resident agent for service of process in this state pursuant to Subchapters C, D, or E of the Act shall:(1) be a citizen of this state; and(2) maintain a permanent address within this state where documents dealing with the administration and enforcement of the Act may be served.(b) Any person required to designate a resident agent shall notify the commissioner in writing within 10 days of any change of a resident agent. Failure to give such notice shall be grounds for suspension of a registration, license or permit.(c) Failure by an out-of-state applicant to designate a resident agent may be grounds for denial of an application for registration, license or permit.</content><note type="source"><p>Source Note: The provisions of this §7.2 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scB"><num value="B">SUBCHAPTER B</num><heading>REGISTRATION</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scB/s7.10"><num value="7.10">§7.10</num><heading>Registration of Pesticides</heading><content>(a) In addition to the requirements contained in the Act, Subchapter C (concerning Registration), the application for registration shall include:(1) a material safety data sheet (MSDS) which complies with the provisions set forth in 29 Code of Federal Regulations §1910.1200(g);(2) an EPA-stamped accepted label and any applicable comments for a pesticide that must be federally registered under FIFRA;(3) the EPA product code for each active ingredient; and(4) A fee of $600 per product registered for a two-year period. This fee may be prorated in accordance with subsection (f) of this section.(b) Product registration may be denied or revoked and the registration fee forfeited if the application is incomplete or inaccurate.(c) If the registrant distributes a pesticide under more than one brand name or more than one formulation, each brand or formulation must be registered as a separate product.(d) It shall be a violation to continue to distribute a pesticide for which a renewal application, including the required fee, has not been received on or before the last day of the current registration. It is the responsibility of the registrant to obtain and submit an application for registration of a pesticide before the renewal date as prescribed in subsection (f) of this section.(e) Late fees will be assessed on renewal applications postmarked after the renewal date as prescribed in subsection (f) of this section, as provided by the Code, §12.024.(f) All registered pesticide products must be renewed by the scheduled renewal date included in the registration package as provided by the department. Any newly registered product will be prorated by quarter so that the registration will expire at the same time as all other pesticide products of the registrant.(g) Any written recommendations allowed by FIFRA 2(ee) must be approved by the department prior to being released into the channels of trade.(h) Registration is not required for a chemical composition being used only to develop plot data on a total of 10 acres or less in the state.(i) After a product is registered with the department, the registrant shall provide the department the most current pesticide product label any time the product label is amended. Before distributing the revised product label, the registrant must have written department approval and have met any additional federal requirements.</content><note type="source"><p>Source Note: The provisions of this §7.10 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective September 1, 2003, 28 TexReg 7344; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scB/s7.11"><num value="7.11">§7.11</num><heading>Label Requirements</heading><content>Each pesticide distributed in this state shall bear a label containing the following information related to the pesticide:(1) the label information required by FIFRA, if the pesticide is subject to registration under that law; or(2) the following information, if the pesticide is not subject to registration under FIFRA:(A) the accepted common name and/or chemical name of all active ingredients;(B) the percentage by weight of each active ingredient and the percentage by weight of all inert ingredients;(C) the name for each ingredient using the accepted common name, if there is one, followed by the chemical name; and(D) a statement of percentages except that a sliding scale method of expressing percentages shall not be used (example: active ingredient name--6.0% to 8.0%);(3) the directions for use including, but not limited to the following:(A) that it is a violation of federal and state law to use this product in a manner inconsistent with its labeling;(B) to keep out of reach of children;(C) application rates of product to be applied;(D) proper mixing procedures;(E) application methods;(F) application limitations;(G) restricted entry and preharvest intervals; and(H) clean-up, storage, and disposal instructions;(4) the net weight or measure of contents, exclusive of wrappers, or other materials:(A) the net weight or measure of contents shall be the average contents unless explicitly stated as a minimum quantity;(B) if the pesticide is a liquid, the net content statement shall be in terms of liquid measure at 68 degrees Fahrenheit (20 degrees Celsius) and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons;(C) if the pesticide is a solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces;(D) in all cases, net content shall be stated in terms of the largest suitable units (for example: "one pound, 10 ounces," not "26 ounces");(E) in addition to the required units, specific net content may be expressed in metric units; and(F) variation above or below minimum content or around an average is permissible only to the extent that it represents deviation unavoidable in good and workman like manufacturing practice; and(5) numbers or other symbols to identify the manufacturer's lot and batch. These shall be stamped on the pesticide container any place where they can be readily seen; provided, however, it shall be unlawful to have more than one lot or batch number in a single package.</content><note type="source"><p>Source Note: The provisions of this §7.11 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scB/s7.12"><num value="7.12">§7.12</num><heading>Custom Blends</heading><content>(a) A custom blend is a pesticide-fertilizer, pesticide-pesticide, or a pesticide-animal feed mixture that is produced on special request for a specific customer. Custom blends shall only be distributed or prepared according to the following criteria:(1) the custom blend is prepared to the order of the customer and is not held in inventory by the blender;(2) the custom blend is to be used on the customer's property (including leased or rented property);(3) the pesticide(s) used in the custom blend bears end-use labeling directions which do not prohibit use of the product in such a custom blend;(4) the custom blend is prepared with registered pesticides;(5) the custom blend is delivered or distributed to the customer along with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of the mixture; and(6) no other pesticide production activity is performed at the establishment.(b) If a restricted-use or state-limited-use pesticide or regulated herbicide is used in the custom blend, the establishment must be licensed as a pesticide dealer in accordance with the Act, Chapter 76, Subchapter D (relating to Licensing of Dealers), and §7.20 of this chapter (relating to Application).(c) Any pesticide containers used in preparing a custom blend, in which a partial amount(s) is still contained within the container, must be prominently identified as a pesticide to be used by that establishment only in a custom blend or in a commercial application made by that establishment.</content><note type="source"><p>Source Note: The provisions of this §7.12 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scB/s7.13"><num value="7.13">§7.13</num><heading>Special Local Needs</heading><content>Before approving the registration of a pesticide under the Act, §76.045, the department shall determine:(1) that a local need exists;(2) that the applicant meets all federal requirements for registration of a pesticide;(3) that the particular use of the pesticide has not been denied, suspended, or canceled by the EPA; and(4) that the product's efficacy data support the claims made for it in Texas prior to approval of the application by the department.</content><note type="source"><p>Source Note: The provisions of this §7.13 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scB/s7.14"><num value="7.14">§7.14</num><heading>Experimental Use Permits</heading><content>(a) All experimental use permits (EUP) shall be issued and approved by the EPA prior to submission to the department for approval.(b) Application for department approval of the EUP shall contain the following information:(1) the name and address of the applicant;(2) the name of the manufacturer of the product;(3) the name and address of the person responsible for the experimental program, if different from the applicant;(4) the name of the pesticide approved EUP permit number of the product;(5) an ingredient statement;(6) the use(s) requested for the EUP;(7) the estimated amount of the product to be used;(8) the name and address of all cooperators and location of the proposed EUP application site(s); and(9) the proposed method of storage and disposition of any unused experimental use pesticide and its container.(c) The holder of an EUP shall, as soon as available, submit to the department the results of the experimentation for which the permit was issued.(d) A person who distributes, sells, offers for sale, holds for sale, ships, delivers for shipment, or receives, and having so received, delivers or offers to deliver any pesticide may not place or sponsor advertisements in this state which recommend or suggest the purchase or use of a pesticide for a use authorized under an EUP, whether the EUP has been approved by the department or not.</content><note type="source"><p>Source Note: The provisions of this §7.14 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scC"><num value="C">SUBCHAPTER C</num><heading>LICENSING</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.20"><num value="7.20">§7.20</num><heading>Application</heading><content>(a) An application for a commercial, noncommercial, or private applicator license will be deemed complete when the applicator has met the applicable licensing requirements.(b) Application for pesticide dealer or applicator license shall be made on a form prescribed by the department.(c) Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the license shall expire on the last day of the month corresponding to the license anniversary date. Renewals made after the expiration date are subject to applicable late fees.(d) Except as provided by Chapter 2, Subchapter B of this title, licensing time periods and corresponding licensing and renewal fees are:(1) Dealers: $250 for two years; and(2) Applicators:(A) Commercial: $200 for one year;(B) Noncommercial: $140 for one year;(C) Noncommercial applicators employed by a political subdivision of the State of Texas or of a federal agency operating in Texas who utilize the license solely in the course of their employment: $75 for one year;(D) Private: $100 for five years; and(E) Certified Private: fee exempt. This certificate is no longer issued and was only available to individuals certified prior to January 10, 1989. Existing certificates may be renewed and are fee exempt.(e) A pesticide applicator or dealer's license is not transferable. Change of ownership of an outlet or facility shall require a new application and applicable fees to be submitted.(f) The licensee shall notify the department within 30 days of any change in the information provided as part of the application for a license. Failure to provide such information may be grounds for denial, suspension, or revocation of the license.(g) A commercial or noncommercial applicator in good standing may convert the license between these two categories by making application to the department and meeting the requirements for that license, including fees.</content><note type="source"><p>Source Note: The provisions of this §7.20 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective September 1, 2003, 28 TexReg 7344; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.21"><num value="7.21">§7.21</num><heading>Applicator Certification</heading><content>(a) Certification of Applicators. The department may certify pesticide applicator licensees and applicants for a license in the following license use categories and subcategories. An individual who is certified in a particular category is authorized to purchase, apply, or supervise the use of restricted-use pesticides, state-limited-use pesticides, or regulated herbicides described by that category subject to department orders, the Act, and federal law.(1) Agricultural pest control: pesticide applications made to agricultural land as specified in the following subcategories:(A) field crop: to control insects, diseases, weeds, or other pests of field crops, or the use of harvest aid pesticides in the production of field crops such as cotton, grains, oilseed crops, crops grown for seed, or crops harvested for animal feed (hay) or forage. This category does not include pesticide applications covered in category 1D (vertebrate pest) or category 11 (soil fumigation);(B) fruit, nut, and vegetable: to control insects, diseases, weeds, or other pests, or the use of harvest aid pesticides, in the production of non-citrus fruit (category 1G Citrus Pest Control), nut and vegetable crops. This category does not include pesticide applications covered in category 1D (vertebrate pest) or category 11 (soil fumigation);(C) pasture and rangeland: to control insects, diseases, weeds, or other pests of field crops, agricultural pastures, rangeland, or adjacent riparian or natural areas, and may include applications to pasture or rangeland vegetation that is harvested for animal feed (hay). This category does not include pesticide applications covered in category 1D (vertebrate pest) or category 11 (soil fumigation);(D) vertebrate pest: to control vertebrate pests affecting agricultural production of field, fruit, nut or vegetable crops, in turf, pastures, rangeland, riparian or natural areas, rights of ways, parks, or crops/vegetation to be harvested for animal feed. This category does not include pesticide applications covered in category 1H (livestock protection collar) or category 1I (M-44 device). Certification in this category requires prequalification as determined by the department;(E) farm commodity pest control: to apply pesticides (including commodity fumigants) to stored raw agricultural commodities on the farm, in a public or private confined storage facility or container, in an open storage platform or vehicle, or to agricultural equipment used to transport raw agricultural commodities to control pests of a stored agricultural product or a pest subject to a state or federal quarantine requirement;(F) animal health: to control external parasites or pests of agricultural animals including applications of pesticides to, in, or on any area, facility, or vehicle used for the housing, maintenance, or transportation of an agricultural animal;(G) citrus: to control insects, diseases, weeds, or other pests in the production of citrus plants or citrus fruit. This category does not include pesticide applications covered in category 1D (vertebrate pest) or category 11 (soil fumigation);(H) livestock protection collar: for the use of a livestock protection collar containing sodium fluoroacetate (Compound 1080) for predator control in the protection of livestock. Specialized training provided by the department is a prerequisite for this category;(I) M-44 device: for the use of a M-44 device for the control of wild or feral canids in the protection of livestock. Specialized training provided by the department is a prerequisite for this category;(2) Forest pest control: to apply pesticides in forests, forest nurseries, and forest seed production;(3) Lawn and ornamental plant pest control; and(A) landscape maintenance: to control pests in the establishment or maintenance of lawns or ornamental plants grown for function or aesthetic purposes in landscapes, such as athletic fields, residential properties, industrial sites, golf courses, parks, and cemeteries. This category does not include the pesticide applications covered in category 1D (vertebrate pest) or category 11 (soil fumigation); and(B) nursery plant production: to control pests in the production of ornamental plants or other nursery stock and commercial turf. This category includes plants in field production, greenhouses, shade houses, or similar structures. This category does not include pesticide applications covered in category 1D (vertebrate pest) or category 11 (soil fumigation);(4) Seed treatment: to control pests by treating seed prior to distribution or planting. This category is not required for planter box applications if the applicator is certified in the appropriate agricultural category or is a private applicator;(5) Vegetation management: to control unwanted plant growth in rights-of-way, in the maintenance of roads, parking lots, utility lines, wind generator sites, pipelines, railways, airports, public surface drainways and ditches, industrial sites including oil field sites, and adjacent riparian or natural areas and includes public sewer root control;(6) Aquatic: to control aquatic weeds or other aquatic pests including aquatic animals, microbes, or other pests and may include pesticide applications to adjacent riparian or natural areas when water is present. The category does not include applications covered in category 12 (public health pest control (vector control));(7) Demonstration and research: for demonstration or research purposes when using restricted-use pesticides, numbered compounds, any pesticide not registered by the EPA (unless exempt from registration under FIFRA Section 25(b)), or any pesticide used in a manner inconsistent with the label directions;(8) Regulatory pest control: for applications of pesticides when implementing a regulatory program such as a plant pest quarantine, invasive weed control, or other regulated activity conducted by a state, federal or other political subdivision. This category does not include pesticide applications covered in category 12 (public health pest control (vector control));(9) Aerial application: The use of a pesticide applied by aircraft to any crop or site. In addition to certification in this category, certification in one or more of the appropriate use categories is required;(10) Category unassigned;(11) Soil fumigation: to apply fumigant pesticides to soil environments. This category is available for all pesticide license types and meets the pesticide product label requirement for EPA approved soil fumigant training. Private applicators may apply soil fumigant pesticides without adding this category, however additional EPA-approved training stipulated on the use directions of a soil fumigant pesticide label must be met;(12) Public health pest control (vector control): for pesticide applications made for the purpose of treating, repelling, mitigating, or otherwise controlling any non-human organism that is, or may be, a vector of human disease by a pesticide applicator who is an employee of, or an independent contractor for, a federal, state, county, city, mosquito or vector control district, or other political subdivision, or a person working under the direct supervision of a pesticide applicator who is an employee of, or an independent contractor for, a federal, state, county, city, mosquito or vector control district, or other political subdivision; and(13) Border mosquito control: for pesticide applications made for the limited purpose of vector mosquito control only in a county located along the international border with Mexico by an applicator who is an employee of a federal, state, county, city, mosquito or vector control district, or other political subdivision, or a person working under the direct supervision of a pesticide applicator who is an employee of a federal, state, county, city, mosquito or vector control district, or other political subdivision. An applicator who is licensed in this category shall have the license expire immediately upon separation of employment if a passing score in another category is not achieved prior to the date of separation of employment from the political subdivision. This excludes employees transferring from one political subdivision to another in a county along the international border with Mexico.(b) Private Applicators.(1) Producers of agricultural commodities who complete an Extension or other department-approved training program for private applicators and obtain a passing score on the private applicator test may be certified in each of the categories and subcategories listed in subsection (a)(1)(A) - (G), (2), (3), (4), and (6) of this section. A private applicator may be certified as an aerial applicator by obtaining a passing score on the aerial applicator category test. Private applicators will be charged an exam administration fee of $64 for initial testing or retesting. The fee will not be in excess of expenses directly related to recovery of costs for administration of examinations.(2) The department may allow an entity other than Extension to conduct private applicator certification training if the training program:(A) has significant educational or practical content to maintain appropriate levels of competency;(B) consists of at least three hours of net instruction time;(C) complies with all applicable federal and state laws including the Americans with Disabilities Act (ADA) requirements for access to training programs; and(D) is submitted to the department for review and prior approval.(3) An approved training program may include lectures, panel discussions, organized video or film with live instruction, or other forms of instruction approved by the department.(4) Private applicator certification training program content must include, but is not limited to:(A) recognition of common pests to be controlled and the damage caused by them;(B) reading and understanding laws and regulations and label and labeling information, including the common name of the pesticide to be applied, pest to be controlled, application timing and methods, safety precautions, pre-harvest or reentry provisions, and any specific disposal procedures;(C) application of pesticides in accordance with label instructions and warnings, including the ability to prepare the proper pesticide concentration to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period;(D) recognition of local environmental situations that must be considered during application to avoid contamination;(E) recognition of poisoning symptoms and procedures to be followed in case of a pesticide related accident; and(F) recognition and identification of Integrated Pest Management (IPM) strategies applicable to the agricultural operation.(5) The department may deny, revoke, or refuse to renew approval for any private applicator training program or sponsor if the sponsor fails to:(A) provide to the department records of training on request;(B) provide the quality of approved training; or(C) comply with any other requirements that are a basis for approval.(6) The department may request prior notification of any scheduled training programs to be offered by the sponsor.(7) Each training program must be approved by the department. No unapproved activity may be claimed to be approved or described in a way that would lead a person to believe that it has been approved.(8) Each training program shall be approved for one calendar year.(9) Department personnel may monitor all approved private applicator training programs. All fees charged to trainees shall be waived for them.(10) Upon completion of private applicator training, the sponsor shall direct trainees to the department for testing.(11) To receive approval for a private applicator training course, the sponsor must:(A) submit an application on a form prescribed by the department ;(B) provide any additional information related to the proposed course requested by the department; and(C) submit the application and all requested and required information at least 30 days prior to the date the proposed course is intended to be initially held. The department may waive this requirement if the sponsor meets all other requirements. Within ten days of receipt of the application, the department will notify the sponsor if the proposed course has been accepted or rejected or will request additional information.(12) A sponsor who wishes to continue a course's approval beyond a calendar year must file for renewal as provided by paragraph (11) of this subsection.</content><note type="source"><p>Source Note: The provisions of this §7.21 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective September 7, 2021, 46 TexReg 5545; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.22"><num value="7.22">§7.22</num><heading>Licensing of Applicators</heading><content>(a) All pesticide examinations administered by the department under the authority of the Act, Subchapter E, shall be designed to cover the information necessary for an applicant to demonstrate competency to use and supervise the use of restricted-use and state-limited-use pesticides or regulated herbicides in a safe and effective manner.(b) The department may enter into a memorandum of agreement with another state or a federal agency for reciprocity in licensing pesticide applicators.(c) Doctors of veterinary medicine are exempted from licensing when:(1) applying restricted-use or state-limited-use pesticides or regulated herbicides as drugs or medication during the course of normal practice; or(2) when applying any pesticides not classified as restricted-use by EPA to property owned, rented or under the veterinarian's general control.(d) Commercial and noncommercial applicators must meet the following requirements:(1) Anyone who makes a passing score on the General Standards pesticide applicator examination, including laws and regulations, and on one or more category exams will be eligible to be certified in those categories or subcategories for which a passing score was received and shall be licensed as soon as all other licensing requirements are met.(2) An exam administration fee of $64 shall be required for administering each pesticide certification exam including the General Standards exam and each license use category and subcategory, and must be paid at the time the exam or exams are given. Fees for retakes of the General Standards exam or any pesticide certification category examination or subcategory examination may be charged to recover costs of exam administration.(3) Individual exam scores are valid for only 12 months.(e) Employees of state universities or state agencies may convert to a commercial or noncommercial license upon termination of employment by paying the required fee provided that all licensing requirements have been satisfied. Employees of state universities or state agencies who obtained their license through specialized training, testing and a Memorandum of Agreement with the department shall be prohibited from converting a license.(f) Private applicators must meet the following requirements:(1) A private applicator certification or license may be revoked by the department if the applicator is not engaged in the production of an agricultural commodity.(2) An employee who qualifies as a private applicator under the Act, §76.112(c), is not considered to be providing equipment or pesticide when the employer is identified on the private applicator's certification license application or amendment thereof, and either:(A) the pesticide or equipment is purchased by the private applicator using a check, cash, or account of the employer; or(B) the private applicator is reimbursed by the employer for the equipment or pesticide.(3) Upon completion of the private applicator training, the trainee has one year to pass the private applicator examination without having to retrain. Retraining and retesting shall be required of anyone who does not complete requirements for licensing within five years of passing the private applicator exam.(4) Military service members and military veterans, as defined in Texas Occupations Code, Chapter 55, will be credited with experience equivalent to the training required by §7.21(b)(4)(A) - (F) of this chapter (relating to Applicator Certification).</content><note type="source"><p>Source Note: The provisions of this §7.22 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 14, 1998, 23 TexReg 7221; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective September 1, 2003, 28 TexReg 7344; amended to be effective January 29, 2014, 39 TexReg 396; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.23"><num value="7.23">§7.23</num><heading>Applicator Business Proof of Financial Responsibility</heading><content>Each applicator business, as defined in the Act, §76.111, shall register with the department prior to making any applications of restricted-use or state-limited-use pesticides or regulated herbicides. This requirement shall be satisfied in the following manner.(1) If the applicator business is a commercial applicator, the applicator shall, on application for the commercial applicator license, attest to the existence of adequate financial responsibility in the amounts and under the terms stated in the Act, §76.111, on a form provided by the department.(2) An applicator business that is not a licensed commercial applicator, but instead employs one or more licensed commercial applicators, shall attest to the existence of adequate financial responsibility in the amounts and under the terms stated in the Act, §76.111, on a form provided by the department.(3) Commercial applicators who are employees or agents of an applicator business shall be required to state, on application for their commercial applicator license, the name of the applicator business by whom they are employed. Employees or agents of an applicator business are prohibited from making any applications of restricted-use or state-limited-use pesticides or regulated herbicides until such time as the applicator business has complied with paragraph (2) of this section.(4) The applicator business shall notify the department within 30 days of any change in the information provided as part of the registration application.(5) For purposes of this section, financial responsibility means a liability insurance policy in the name of the applicator business meeting the requirements of the Act, §76.111, pertaining to such insurance policies. The department has determined that no other form of financial responsibility is acceptable.</content><note type="source"><p>Source Note: The provisions of this §7.23 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective May 4, 2008, 33 TexReg 3569; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.24"><num value="7.24">§7.24</num><heading>Applicator Recertification</heading><content>(a) All applicators must meet recertification requirements through completion of approved continuing education activities.(b) Approved activities may include lectures, panel discussions, organized video or film with live instruction, field demonstrations, or other activities approved by the department.(c) Each activity must be approved by the department. No activity may claim to be approved or accepted by the department or use any other such term that would lead an applicator to believe that it has been approved by the department for recertification unless it is so approved.(d) The department shall assign one continuing education unit (CEU) for each 50 minutes of net actual instruction time presented at an approved activity. Accreditation will consist of no less than one CEU for any given course or session. Accreditation in one-half CEUs may be allowed as determined by the department.(e) To be eligible for approval, the department will require:(1) that the activity have significant educational or practical content to maintain appropriate levels of competency;(2) that the activity be conducted by a university, a governmental agency, an association, or a private independent nonapplicator business;(3) that each activity has a recordkeeping procedure for verifying applicator attendance using department forms or approved formats;(4) that activities cover one or more of the following topics pertaining to pesticides:(A) label and labeling comprehension;(B) safety factors;(C) environmental consequences;(D) pest features;(E) integrated pest management strategies/pest management practices;(F) pesticide factors;(G) equipment characteristics;(H) application techniques/drift minimization;(I) laws and regulations;(J) biotechnology/transgenic crops; or(K) business ethics; and(5) the activity is able to comply with all applicable federal and state laws, including the Americans With Disabilities Act (ADA) requirements for access to activities.(f) The department may consider for approval "correspondence activities" such as videos, interactive internet, and/or other activities approved by the department. To be eligible for approval the department will require:(1) that the course sponsor complies with the specifications and requirements listed under subsections (a) - (e) of this section; and(2) that the activity include an open book measure of competency approved by the department.(g) For commercial and noncommercial applicators only, the department may consider for approval, an intensive specialized training, equivalent to a maximum of a three-year recertification credit. Correspondence activities will not be allowed for this method of acquiring CEUs.(h) Prior approval shall not be required for applicator recertification courses of up to three CEUs conducted by Extension faculty or department personnel for any pesticide applicator, provided that all other requirements for course content and records are met. The department may enter into a memorandum of agreement with Extension regarding the specific requirements for applicator recertification. Correspondence activities are excluded from this provision.(i) Department personnel may monitor all approved activities, and all fees charged by the sponsor shall be waived for department personnel who monitor the recertification activity.(j) The department may deny, revoke, or refuse to renew approval for any or all courses of a sponsor if the sponsor fails to file a timely activity report, fails to provide the quality of activity approved by the department, or fails to comply with any other requirements that are a basis for approval or that are a part of these rules.(k) The department may enter into a memorandum of agreement with another state or non-profit professional society or association to recognize the state's pesticide applicator recertification or the society's professional recertification for satisfaction of the requirements of this section for commercial, noncommercial, and private applicator recertification only if:(1) the standards for recertification meet or exceed the standards for the one-year or five-year recertification periods as set out in this section; and(2) the agreement reduces duplication of effort and does not increase the recordkeeping burden of the department.(l) Each continuing education activity shall be approved for one calendar year only.(m) In order for a recertification activity to be approved by the department, the sponsor must:(1) submit a completed department-prepared application form;(2) provide any additional material relevant to the activity which is requested by the department; and(3) submit the application and information required by the department at least 30 days in advance of the first date of the activity. The department may waive the 30-day provision providing all other requirements are met. The department will respond to the sponsor within ten days of receipt of the application and approve, reject, or request additional information.(n) Sponsors who wish to continue approval must file for renewal annually on a form prepared by the department.(o) Sponsors of approved activities shall:(1) prepare a roster of applicators who complete the activity which contains, at a minimum, the date, course number, number and type of accredited CEU(s), the pesticide applicator's name and current license or certificate number, the name and contact information of the course provider, and the location of the training;(2) distribute a completion certificate at the time of the activity to applicators who successfully complete an activity, which shall indicate the name of the sponsor, the date, county and name of the activity, the amount and type of credit earned, and the assigned course number;(3) provide the activity rosters to the department within 14 days after the end of an activity. The rosters must be on department forms or department approved format;(4) ensure that CEUs awarded correspond proportionately to the net instruction time; and(5) maintain activity rosters for a period of two years from the date of activity. Rosters are to be made available to the department upon request.(p) Sponsors of approved correspondence activities shall:(1) prepare a roster of applicators who complete the activity which contains, at a minimum, the date, course number, number and type of accredited CEU(s), the pesticide applicator's name and current license or certificate number, the name and contact information of the course provider, and the location of the training;(2) distribute a completion certificate in a timely manner to applicators who successfully complete an activity, which shall indicate the name of the sponsor, the date, county and name of the activity, the amount and type of credit earned, and the assigned course number;(3) provide the activity rosters to the department within 14 days after the end of an activity. The rosters must be on department forms or in a department-approved format;(4) ensure that CEUs awarded correspond proportionately to the net instruction time;(5) ensure the establishment of procedures to prohibit an individual from repeating the sponsor's course in two consecutive recertification periods; and(6) maintain activity rosters for a period of two years from the date of activity. Rosters are to be made available to the department upon request.(q) Governmental agencies may enter into an agreement with the department for annual submission of recertification records of agency employees attending a recertification program approved for the agency by the department.(r) No credit will be given for time used to promote the sponsor or other activities of the sponsor or for time used for organizational, political, procedural, or other nonrelevant activities.(s) Applicators will recertify through a self-certification program. Each applicator will be required to maintain proof of the number of CEUs necessary to renew a license or certificate. Certificates of completion verifying attendance at approved activities during the previous licensing period must be maintained by the applicator for a period of 12 months after the most recent renewal of their license or certificate. The department may audit the CEUs an applicator has obtained during an onsite inspection or by letter requesting that copies of certificates of completion be mailed to the department. Certificates of completion will be compared with course attendance rosters on file with the department. Credits obtained at a single course cannot be split or divided between licensing periods.(t) Except as provided in paragraph (1) of this subsection, each commercial or noncommercial applicator must obtain at least five CEUs prior to the expiration of the license. A minimum of one hour each must be obtained from two of the following categories: integrated pest management, laws and regulations or drift minimization.(1) For commercial or noncommercial applicators certified in the aerial application category, three of the required five CEUs must be associated with aerial application operations to include one CEU each in:(A) laws and regulations;(B) drift minimization; and(C) pesticide safety activities addressing human factors. "Human factors" in aerial application is the portion of the aerial application mission which is guided or influenced by human characteristics. This includes pre-flight, post-flight, and cockpit decision-making that affects the safe operation of the aircraft, the pilot, farm workers, bystanders, or those that may be affected by the aircraft during its pesticide application mission.(2) A commercial or noncommercial applicator may not recertify using department-approved correspondence activities for two consecutive years.(u) An applicator who becomes unlicensed in any licensing year may not be relicensed for 12 months unless all CEUs required for the last year of licensing are completed. Until the 12-month period has elapsed, applicators are prohibited from retesting under §7.22 of this chapter (relating to Licensing of Applicators).(v) Private applicators must recertify as follows:(1) Each licensed private applicator must obtain 15 CEUs within a five-year period including at least two CEUs in laws and regulations and two CEUs in integrated pest management.(2) Each licensed private applicator must obtain 15 CEUs prior to their license expiration date.(3) Private applicators issued a certificate prior to January 10, 1989, may fulfill their recertification requirement on a one-time only basis by completing the Extension private applicator training program, attaining a passing score on the private applicator test, and obtaining a private applicator license. Certified private applicators who choose not to license but wish to maintain certification under a certificate issued prior to January 10, 1989, will be required to recertify as specified for licensed private applicators in this subsection.(4) Private applicators have the option of forgoing continuing education requirements for a recertification period by following these procedures:(A) Take and pass a comprehensive examination administered by the department which will contain questions relevant to those topics which would be covered at various continuing education activities. A certificate of completion worth 15 CEUs will be issued by the department upon a passing score being attained by the applicator.(B) If the applicator fails the examination, subsequent attempts will be allowed until a passing score is attained. If a passing score is not attained, the applicator may obtain the required CEUs pursuant to this subsection.(C) Pay a required fee of $64 for the administration of each recertification examination.(5) A private applicator may not obtain more than 10 CEUs through correspondence activities in any five-year recertification cycle.(w) Failure to comply with the continuing education requirements for commercial, noncommercial and private applicators will:(1) result in nonrenewal of an applicator's license or certification until the necessary credits for continuing education are attained;(2) prohibit the applicator from retesting for a new license in lieu of meeting recertification requirements until one year after the expiration of the license;(3) require the applicator to take and pass comprehensive department examinations for general knowledge and for each category in which the applicator seeks to be licensed if the applicator does not recertify and renew in one year following the expiration of the license;(4) require retraining of a commercial, noncommercial, or private applicator for categories or subcategories requiring special training if the applicator does not recertify and renew in one year following the expiration of the license; and(5) subject a noncompliant applicator to administrative, civil, or criminal penalties and/or license or certificate revocation, suspension, modification, or probation for failure to comply with continuing education requirements if the applicator operates under a license that has not been renewed.(x) An applicator may seek credit for a continuing education activity that has not been submitted by the sponsor to the department, and the department will evaluate the supporting documentation of the course and assign the appropriate number of credits for the activity. To be eligible for accreditation, the following conditions must be met:(1) the activity must contain course content of the highest standards;(2) the activity must be sponsored by an in-state or out-of-state institution of higher education, or an out-of-state regional or national association, or the state or federal government;(3) the activity must be in an area directly related to the activities of a commercial, noncommercial, or private applicator;(4) the applicator shall provide the department with sufficient information describing activity content including the time allotted to each aspect of the activity, identification of the sponsor, the instructor's name and address, proof of attendance, and date, time, and place of the activity; and(5) the information for the desired credit must be submitted within 60 days after completion of the activity.(y) An applicator may file a written request for an extension of time for compliance with any deadline in these rules. Such request for extension may be granted by the department if the applicator files appropriate documentation to show good cause for failure to comply timely with the requirements of this subsection. Good cause means illness, extended medical disability, military deployment, or other extraordinary hardship which is beyond the control of the person seeking the extension.(z) Applicators licensed as both private and commercial or noncommercial may satisfy requirements for private applicator recertification by meeting the recertification requirements for commercial and noncommercial applicators.</content><note type="source"><p>Source Note: The provisions of this §7.24 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective May 4, 2008, 33 TexReg 3569; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.25"><num value="7.25">§7.25</num><heading>Expiration and Renewal of Licenses</heading><content>(a) A licensee who fails to file a complete application for renewal on or before the license expiration date must pay a late fee as prescribed by the Code, Chapter 12.(b) The license of a person who fails to timely file a complete application for renewal is invalid until a completed application and any required late fee has been received by the department. A person who applies a restricted-use or state-limited-use pesticide or regulated herbicide during a period when the person's license is invalid may be assessed administrative penalties in addition to any required late fee.(c) If a complete application for renewal of a commercial, noncommercial, or private applicator's license is not submitted within one year after the expiration of the license, the license will be deemed to be terminated voluntarily and a renewal application will not be accepted. Before being licensed again, the applicator must meet the requirements for a new license.(d) Pursuant to the Act, §76.113, the head of the licensing agency in determining whether additional training shall be required of current licensees before renewal of their applicator license may consider changes in technology, pesticide related problems, or the performance of individual applicators. If general retraining and/or retesting is required for all applicators in a category or subcategory, the licensing agency will publish notice at least six months in advance of the license renewal date. If individual retraining and/or retesting is required as a result of the applicator's performance, the agency may give notification and set a time and place of retraining that would be in the best interest of public health and environmental protection.(e) Military service members or military veterans as defined in Texas Occupations Code, Chapter 55, will be credited with experience equivalent to the pre-license requirements of §7.21(b)(4)(A) - (F) of this chapter (relating to Applicator Certification).(f) License applications of military spouses, as defined in Texas Occupations Code, Chapter 55, shall be processed on an expedited basis.(g) If a qualified military spouse applicant holds a current license issued by another jurisdiction and licensing requirements of that jurisdiction are substantially equivalent to the licensing requirements of the department, the department shall issue the applicant a license. For purposes of this subsection, substantially equivalent means:(1) the requirements of the other jurisdiction require written, proctored examinations for initial certification for the same type of pesticide applicator license being requested;(2) the other jurisdiction has a state pesticide plan approved by the EPA; and(3) the department has a current reciprocal agreement with the issuing jurisdiction for pesticide licensing.</content><note type="source"><p>Source Note: The provisions of this §7.25 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective January 29, 2014, 39 TexReg 396; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.26"><num value="7.26">§7.26</num><heading>State Plan for Certification of Applicators</heading><content>The department hereby adopts by reference the State of Texas Plan for Certification of Pesticide Applicators with appendices submitted by the department to the administrator of the EPA pursuant to the requirements of 7 United States Code §136i. A copy of the plan may be obtained upon request from the department.</content><note type="source"><p>Source Note: The provisions of this §7.26 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scC/s7.27"><num value="7.27">§7.27</num><heading>Applicator Business Registration and Vehicle Identification for Applicator Businesses</heading><content>(a) Each applicator business shall register with, and obtain a registration number from the department.(b) An applicator business vehicle identification decal, issued and provided by the department, shall be prominently affixed to each motor vehicle used by any applicator business that makes applications in the subcategory landscape maintenance of the lawn and ornamental pest control license use category, category 3(A) in §7.21 of this subchapter (relating to Applicator Certification).(c) The term "prominently affix" as used in this section means permanently affixed to the rear window, front fender, or front door panel of the vehicle in a location readily accessible to and viewable by members of the public and department personnel.(d) The term "motor vehicle" as used in this section means any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer, but not aircraft, propelled or drawn by mechanical power and used to transport a person or thing.(e) A motor vehicle is not required to have the decal specified by subsection (b) of this section affixed to it if the vehicle is attached to, pulled by, or transported by another motor vehicle with a required decal affixed.(f) A motor vehicle is required to have the decal specified by subsection (b) of this section affixed to it only when the activities in subsection (b) of this section are related to a category 3A application.(g) The decal required by subsection (b) of this section may be obtained by submitting a request to the department on a form prescribed by the department.</content><note type="source"><p>Source Note: The provisions of this §7.27 adopted to be effective February 9, 2005, 30 TexReg 544; amended to be effective February 17, 2015, 40 TexReg 687.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scD"><num value="D">SUBCHAPTER D</num><heading>USE AND APPLICATION</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.30"><num value="7.30">§7.30</num><heading>Classification of Pesticides</heading><content>(a) State-Limited-Use Pesticides Defined by Active Ingredient.(1) Except as provided by paragraphs (3) - (4) of this subsection and because of their high potential to cause adverse effects to non-target sites, a pesticide product containing an active ingredient in the following list is classified as a state-limited-use pesticide and subject to the restrictions listed in paragraph (5) of this subsection, as well as all other provisions of law generally applicable to state-limited-use pesticides.(A) 2,4-Dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester, and salt formulations;(B) 2,4-Dichlorophenoxy butyric acid (2,4-DB);(C) 2,4-Dichlorophenoxy propionic acid (2,4-DP);(D) 2-Methyl-4-Chlorophenoxyacetic acid (MCPA);(E) 3,6-Dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt;(F) 3,4-Dichloropropionanilide (propanil);(G) 5-bromo-3-sec-butyl-6-methyluracil (bromacil);(H) 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon);(I) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac);(J) Sodium flouoroacetate (Compound 1080); and(K) Sodium cyanide (M44).(2) Regulated Herbicides.(A) 2,4-dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester, and salt formulations;(B) 2-methyl-4-chlorophenoxyacetic acid (MCPA);(C) 3,6-dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt; and(D) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac).(3) Exceptions from Regulated Herbicide Classification.(A) 2,4-dichlorophenoxyacetic acid (2,4-D) or 3,6-Dichloro-o-anisic acid dicamba when used in accordance with the approved product label for transgenic auxin herbicide tolerant crops; and(B) applied by ground application equipment only; and(C) applied when winds do not exceed 10 miles per hour.(4) A pesticide product containing an active ingredient listed in this subsection is exempt from classification as a state-limited-use pesticide or a regulated herbicide under this subsection if the product:(A) is distributed in a container with a capacity less than or equal to one quart for liquid products or less than or equal to two pounds for dry or solid products;(B) is a specialty fertilizer mixture labeled for ornamental use and registered as a commercial fertilizer under Chapter 63 of the Code; or(C) is ready for use, requires no further mixing or dilution before use, and is packaged in a container of one gallon or less for liquid products or four pounds or less for dry or solid products.(5) The following are restrictions on use and distribution of state-limited-use pesticides and regulated herbicides:(A) A person may not purchase or use a pesticide classified as a state-limited-use pesticide or as a regulated herbicide under this subsection unless the person is licensed as a pesticide applicator under either the Act or working under the direct supervision of a person so licensed, or Chapter 1951 of the Texas Occupations Code.(B) A person may not distribute a pesticide classified as state-limited-use or as a regulated herbicide under this subsection to a person not authorized by this section to purchase state-limited-use pesticide or a regulated herbicide.(C) A person may not apply 2,4-dichlorophenoxyacetic acid (2,4-D) on a transgenic auxin herbicide tolerant crop unless the person has attended an auxin training course approved by the department prior to application.(i) One (1) 2,4-D continuing education unit (CEU) shall be required annually and is valid for one year from the date of course attendance.(ii) Courses shall be approved by the department and may not be less than 50 minutes in length for each active ingredient. No more than one (1) CEU will be assigned for any 50 minutes of actual instruction time in Laws and Regulations as described in §7.24 of this chapter (relating to Applicator Recertification).(iii) Each course shall include topics on: application timing, nozzle requirements/selection, wind speed, ground speed, boom height, tank cleanout, sensitive crops, buffer zone requirements, weather conditions, drift, volatility, and inversion.(D) A person may not apply 3,6-Dichloro-o-anisic acid (dicamba) on a transgenic auxin herbicide tolerant crop unless the person has attended an auxin training course approved by the department prior to application.(i) One (1) dicamba continuing education unit (CEU) shall be required annually and is valid for one year from the date of course attendance.(ii) Courses shall be approved by the department and may not be less than 50 minutes in length for each active ingredient. No more than one (1) CEU will be assigned for any 50 minutes of actual instruction time in Laws and Regulations as described in §7.24 of this chapter.(iii) Each course shall include topics on: application timing, nozzle requirements/selection, wind speed, ground speed, boom height, tank cleanout, sensitive crops, buffer zone requirements, weather conditions, drift, volatility, and inversion.(b) State-Limited-Use Pesticides Defined by Use.(1) Due to the high potential for adverse effects to humans, animals, or the environment and as the result of wide area public health pest control, a pesticide product otherwise classified as general use is classified as a state-limited-use pesticide when, and only when, applications are made by aerial application or with power-driven fogging equipment for the purpose of public health pest control.(2) A person may not use a pesticide for public health pest control in methods identified in paragraph (1) of this subsection unless the person is licensed as a pesticide applicator under the Act and certified in the public health pest control category as described in §7.21 of this chapter (relating to Applicator Certification) or is working under the direct supervision of a person so licensed and is employed either by a state, county, city, or other local governmental body or is a person authorized to perform public health pest control under a contract between a state, county, city, or other local governmental body and the person or the person's employer.(c) Prohibited Pesticides.(1) Because of their persistence in the environment and bioaccumulative toxic effects, any product or substance in the following list or containing as an active ingredient a product or substance in the following list is a prohibited pesticide and subject to the prohibitions, restrictions, and requirements of paragraphs (2) and (3) of this subsection:(A) Aldrin;(B) Chlordane;(C) DDT (dichlorodiphenyltrichloroethane);(D) DDD (dichlorodiphenyldichloroethylene);(E) Dieldrin;(F) Hexachlorobenzene;(G) All mercury-based pesticides;(H) Mirex;(I) Toxaphene;(J) Heptachlor;(K) 2,4,5-trichlorophenoxyacetic acid (2,4,5-T); and(L) 2,4,5-trichlorophenoxypropionic acid (2,4,5-TP (Silvex)).(2) No person shall use a prohibited pesticide for any purpose.(3) A person in possession of a prohibited pesticide shall by proper storage, care, handling, and transport prevent the release of the prohibited pesticide into the environment, prevent exposure of human beings or other susceptible species to the prohibited pesticide, and dispose of the prohibited pesticide in accordance with all provisions of state and federal law.(d) State-Limited-Use Pesticides Defined by Active Ingredient and Use.(1) A pesticide product containing the active ingredient warfarin when used only as a feral hog (Sus scrofa) toxicant is classified as a state-limited-use pesticide and subject to the restrictions listed in paragraph (2) of this subsection, as well as all other provisions of law generally applicable to state-limited-use pesticides.(2) Restrictions.(A) A person may not purchase a pesticide classified as state-limited-use under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Texas Agriculture Code or Chapter 1951 of the Texas Occupations Code or working under the direct supervision of a person so licensed.(B) A person may not use a pesticide classified as state-limited-use under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Texas Agriculture Code or Chapter 1951 of the Texas Occupations Code or working under the direct supervision of a person so licensed.(C) A person may not distribute a pesticide classified as state-limited-use under this subsection to a person not authorized by this section to purchase state-limited-use pesticide.</content><note type="source"><p>Source Note: The provisions of this §7.30 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective December 21, 2015, 40 TexReg 9115; amended to be effective March 24, 2019, 44 TexReg 1437; amended to be effective March 9, 2023, 48 TexReg 1286; amended to be effective January 31, 2024, 49 TexReg 419.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.31"><num value="7.31">§7.31</num><heading>Supervision</heading><content>(a) If there is a discrepancy between supervision requirements contained in federal laws or regulations, state laws or regulations, or the pesticide label, the supervision requirement that requires the greatest degree of direct supervision by the licensed applicator shall apply. Licensed applicators may only supervise application of pesticides for categories or subcategories in which they are certified.(b) A person may not supervise the use of a restricted-use or state-limited-use pesticide or regulated herbicide unless the person is licensed as a commercial, non-commercial, or private applicator with the department. A certified private applicator may not supervise the use of restricted-use or state-limited-use pesticides or regulated herbicides. A licensed applicator may not supervise an applicator whose license or certificate is under revocation or suspension.(c) A business that applies a restricted-use or state-limited-use pesticide or regulated herbicide to the land of another for hire must be operated by or employ a licensed commercial applicator. An application of a restricted-use or state-limited-use pesticide or regulated herbicide can only be made by the licensed applicator or by persons under the licensee's direct supervision.(d) A licensed applicator is not required to be physically present at the time and place of the application of a restricted-use or state-limited-use pesticide or regulated herbicide to exercise direct supervision unless the label of the applied pesticide states that the presence of the licensed applicator is required. The licensed applicator must always be available when and if needed and is responsible for any actions of a person working under the licensee's direct supervision.(e) Except as provided in subsection (f) of this section, each licensed applicator is responsible for assuring that any person working under the licensee's direct supervision is knowledgeable of the label requirements and rules and regulations governing the use of the particular pesticide being used by the individual. Working includes transporting a restricted-use or state-limited-use pesticide or regulated herbicide in any type of distributing or transporting equipment ready for application; mixing, storing, and handling in packages or containers that have been opened; and applying and disposing of restricted-use or state-limited-use pesticides or regulated herbicides and cleaning equipment used to apply the pesticide. At a minimum, instructions shall include a review of appropriate sections of the Act and related regulations, and reading of complete labeling information for the particular use of the pesticide product being applied. To ensure that appropriate instructions have been given to a nonlicensed person, the licensed applicator must verify or provide handler training to the nonlicensed applicator in accordance with the requirements of WPS. Licensed applicators supervising individuals applying products not under the scope of WPS must review the label with them and have them sign and date the label or complete a form prescribed by the department.(f) Licensed applicators employed by political subdivisions or cemeteries who supervise nonlicensed employees that make any pesticide application are responsible for assuring that the following requirements are met:(1) On an annual basis and prior to the nonlicensed employee making a first application, the nonlicensed employee must be trained in the specific use of the pesticide applied. The training requirement may be satisfied by either:(A) the nonlicensed employee obtaining five CEUs in accordance with the continuing education required for licensed commercial and noncommercial applicators pursuant to §7.24 of this chapter (relating to Applicator Recertification); or(B) the nonlicensed employee receiving training on the appropriate laws and regulations pertaining to pesticide use, the label information for the use of all pesticides applied, and pesticide safety training.(2) A record of training received or CEUs obtained by the nonlicensed employee must be maintained for a period of two years and shall be made available to the department for inspection upon request. The record may be either a certificate of completion of training or CEUs obtained or on a form prescribed by the department.(g) Both the supervising licensed commercial or noncommercial applicator and the person under the direct supervision of the licensed commercial or noncommercial applicator must perform applications from the same local office, unless the supervising licensed commercial or noncommercial applicator is physically present during the application.(h) A licensed private applicator may supervise the use of a restricted-use or state-limited-use pesticide or a regulated herbicide by a nonlicensed person on the property owned or controlled by the nonlicensed person, in accordance with the provisions of the Act, §76.112(a)(2), and subsection (e) of this section, and provided the licensed private applicator maintains a record of the application and also provides a record of the application to the nonlicensed person.(i) A veterinarian licensed by the State Board of Veterinary Medical Examiners may supervise a nonlicensed person's use of a restricted-use or state-limited-use pesticide or regulated herbicide in the course of the veterinarian's normal practice, provided the veterinarian affords the nonlicensed person training in accordance with subsection (e) of this section.</content><note type="source"><p>Source Note: The provisions of this §7.31 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.32"><num value="7.32">§7.32</num><heading>Records of Distribution</heading><content>(a) A person required to be licensed as a pesticide dealer by the Act, §76.071, shall maintain a record of each distribution of a restricted-use pesticide, state-limited-use pesticide, or regulated herbicide for a period of two years.(b) The record of each distribution required to be kept by this section shall be kept separate from the person's other business records and shall contain:(1) the name, address, applicator license or certificate number, dealer license number, or veterinary license number of the person to whom the pesticide is distributed;(2) the date of the distribution;(3) the brand name and the EPA registration number of the pesticide distributed;(4) the quantity of the pesticide distributed;(5) the name and address of any person who took delivery of the pesticide on behalf of, and acting under the authorization of the responsible licensed or certified applicator, including distributions to any entity on behalf of a Texas-licensed pesticide dealer.(6) if a pesticide that has been classified as a state-limited-use pesticide or a regulated herbicide but not a restricted-use pesticide under FIFRA is made available to an unlicensed person that resides out-of-state, and the person does not intend to use the pesticide in this state, the name and out-of-state address of the person. If the person holds a valid applicator license issued by another state or federal agency, the dealer must record that license number and the state or federal agency that issued the license.(c) Records of distribution shall be kept current and maintained at the place of business where distribution occurs as designated on the pesticide dealer's license.(d) Records of distribution shall be made available for inspection by the department immediately upon request at any time during normal business hours.(e) Copies of records of distribution must be submitted to the department within the time period specified in a written request by the department.(f) Out-of-state licensed dealers who do not operate a physical distribution location in the state will be required to submit to the department on a quarterly reporting period (January-March, April-June, July-September, October-December), a complete record of all restricted-use or state-limited-use pesticides or regulated herbicides distributed into the state during the prior quarterly reporting period. Reports must be submitted to the department no later than 15 days after each reporting period. If no such distributions were made in a quarterly reporting period, the dealer shall submit a letter to the department no later than 15 days after the ending day of that reporting period stating that no such distributions were made. Forms for submitting distribution records under this subsection may be obtained from the department. If the department form is not used, the form submitted must contain all the information required by this section.(g) All licensed pesticide dealers shall maintain a list of poison control centers in the state or other sources of contact designed to provide medical assistance in emergencies involving pesticide poisoning.</content><note type="source"><p>Source Note: The provisions of this §7.32 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.33"><num value="7.33">§7.33</num><heading>Records of Application</heading><content>(a) The following records of pesticide use shall be maintained for a period of two years:(1) A person required by the Act to be licensed as a commercial applicator or a noncommercial applicator shall maintain records of each pesticide application regardless of the use classification of the pesticide applied.(2) A person licensed or certified as a private applicator or licensed as a veterinarian shall maintain records of each application of a restricted-use pesticide, state-limited-use pesticide, or regulated herbicide.(b) The record of each pesticide use required by this section shall contain:(1) the date of the application;(2) the beginning time for the application;(3) the name of the person for whom the application was made;(4) the location of the land where the application was made stated in a manner that would permit inspection by an authorized party;(5) for each pesticide applied:(A) the product name;(B) the product EPA registration number;(C) the rate of product per unit;(D) the total volume of spray mix, dust, granules, or other materials applied per unit; and(E) the name of the pest for which the product was used;(6) the site treated (e.g., name of crop, kind of animal, etc.);(7) total acres or volume of area treated (e.g., acre, square feet, number of head, etc.);(8) wind direction and velocity except for those applications made indoors or otherwise within a structure;(9) air temperature;(10) application method or type of equipment used to make the application;(11) the FAA "N" number for aerial application equipment;(12) the name and department pesticide license number of the applicator responsible for the application and, if different, the name of the person actually making the application;(13) the spray permit number for regulated herbicides applied in a regulated county; and(14) Documentation to verify training of persons working under the supervision of a licensed pesticide applicator as required by §7.31 of this chapter (relating to Supervision).(c) If several applications are made from a single load of pesticide to sites in close proximity, a single beginning time may be given for all the applications, but the sequence of applications must be specified by appropriately ordering the applications by person for whom the application was made and by the location of the land where the application was made.(d) The record of each pesticide application shall be kept current and maintained at the applicator's principal place of business as designated on the applicator's application/renewal for a pesticide applicator's license.(e) The record of each pesticide application shall be legible and in a format that clearly identifies and sets forth each specific item of information required by this section.(f) The department may exempt specific record items, which may not be applicable to a type of application upon written request and written approval. The person responsible for keeping records under this section shall maintain a copy of the department's written approval for a record exemption as part of the application recordkeeping requirements of this section.(g) Records of application shall be made available for inspection to the department immediately upon request at any time during normal business hours and shall contain all the information required by this section except as exempted in writing under subsection (f) of this section. The department's written approval for any record exemption shall be made available to the department representative conducting the records inspection at the time of the inspection.(h) Copies of records of application must be submitted to the department within the time period specified in a written request by the department and must contain all of the information required by this section except as exempted in writing under subsection (f) of this section. A copy of the department's written approval for any record exemption shall accompany the copies of records submitted under this subsection.</content><note type="source"><p>Source Note: The provisions of this §7.33 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.34"><num value="7.34">§7.34</num><heading>Storage and Disposal of Pesticides</heading><content>(a) No person may dispose of, discard, or store any pesticide or pesticide container in a manner that may cause or result in injury to humans, vegetation, crops, livestock, wildlife, pollinating insects, or pollution of any water supply or waterway.(b) Pesticides intended for distribution or sale must be displayed or stored within an enclosed building or fenced area, and may not be displayed on sidewalks, parking lots, or similar open areas without surveillance.(c) Bulk storage tanks, when not enclosed in a secured fenced area or a building, must have a lock on the dispensing device.(d) Pesticides in leaking, broken, corroded, or otherwise unsafe containers, or with illegible labels shall not be displayed or offered for sale. Such containers shall be removed from display areas and segregated from other pesticides for distribution to prevent environmental contamination or health and safety hazards prior to proper disposal or return to manufacturer.(e) Pesticide containers, concentrates, spray mixes, container rinsates, and/or spray system rinsates that are to be discarded shall be disposed of in accordance with pesticide label directions and in accordance with the provisions of the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361.(f) The applicator, the owner of the pesticide, and/or the person in control of the mixing site shall be jointly and severally liable for proper storage and disposal of pesticide containers and contents.</content><note type="source"><p>Source Note: The provisions of this §7.34 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.35"><num value="7.35">§7.35</num><heading>Inspection of Equipment</heading><content>All application equipment used for pesticide applications is subject to inspection by the department at any reasonable time. Such equipment must be maintained in a condition that will provide safe and proper application of the pesticide. If the inspector finds that it is not, the department shall require the needed repairs or adjustments before allowing the use of such equipment.</content><note type="source"><p>Source Note: The provisions of this §7.35 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective February 17, 2015, 40 TexReg 687.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.36"><num value="7.36">§7.36</num><heading>Application of Worker Protection Standard</heading><content>(a) Workers and handlers must be trained in accordance with WPS.(b) All certified and licensed applicators or trained trainers who conduct WPS pesticide safety training must:(1) maintain records of each trainee for five years. These records must include a copy of each dated class roster signed by the trainer and each trainee;(2) issue a copy of an EPA training roster only to a trainee who has been trained in accordance with WPS requirements;(3) record trainee information on the training roster in ink or other indelible form;(4) on request, issue copies of training rosters that match EPA specifications or that comply with state variations from such specifications that have prior approval from EPA; and(5) promptly respond to requests from EPA, state, or tribal agencies or agricultural employers for information concerning issued EPA training rosters.(c) The EPA WPS warning flag/sign referred to in WPS and §7.37 of this chapter (relating to Notification Requirements) must look like the one pictured as follows. Additional information may be included on the warning sign, such as the name of the pesticide or the date of application, if it does not lessen the impact of the flag/sign or change the meaning of the required information. If the required information is added in other languages, the words must be translated correctly. The flag/sign must be at least 14 inches by 16 inches, and the letters must be at least one inch high. For nursery and greenhouse operations, the warning sign/flag may meet the minimum requirements as approved by the EPA.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §7.36 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.37"><num value="7.37">§7.37</num><heading>Prior Notification Requirements</heading><content>(a) Except as provided in subsection (n) of this section, the farm operator shall be responsible for meeting prior notification requirements. Responsibility may be transferred by contract to a second party. However, if the effective date of the transfer is unclear, both the farm operator and the second party may be held liable for any violation of these regulations.(b) All applications of pesticides by ground application equipment, except airblast or mistblowing equipment, are exempted from this section.(c) The following persons may request prior notification of a pesticide application:(1) any person who works or resides in a building, house, or other structure located on land adjoining and within 1/4 mile of a field on which pesticides may be applied;(2) persons in charge of licensed day-care centers, primary and secondary schools, hospitals, inpatient clinics, or nursing homes within 1/4 mile of the field on which pesticides are to be applied. The parent of a primary or secondary school student may for good cause request notification from the department if the person in charge of the school has refused to request notification. If the department determines that notification should be given, the department shall notify the farm operator to give notification to the person in charge of the school; and(3) any person with chemical hypersensitivities, allergies, or other medical conditions which may be aggravated by pesticide exposure and whose residence or place of employment is within 1/4 mile of the field on which pesticides are to be applied.(d) Except as provided in subsection (n) of this section, requests for prior notification under this section shall be made in writing to the farm operator, and should include:(1) the name and address of the person making the request;(2) one home and business telephone number at which the person making the request can be reached and the hours that such person is normally at each number;(3) the date of the request;(4) the location of the field for which the request for notification is being made;(5) a request to be notified prior to the application of any pesticides to the area described in paragraph (4) of this subsection or the trade name and/or common chemical name of specific pesticides for which prior notification is requested; and(6) a request to be notified because of a medical condition that may be aggravated by pesticide exposure. Such requests must contain a licensed physician's signed confirmation of the medical condition.(e) Requests for prior notification should be sent by certified mail. It shall be the responsibility of the person making the request to retain copies of the request and the return receipts of certified letters.(f) A request for prior notification shall be effective through December 31 of the year that the request is received. A farm operator shall commence notifying a requesting party of scheduled pesticide applications within ten days of receipt of a request for notification. The department may extend the time to begin notifying a requesting party upon a showing of sufficient cause by the farm operator. The department shall notify the requesting party of any such extension.(g) The following methods may be used for giving notification of a scheduled pesticide application:(1) Except as provided by subsection (n) of this section if the request for notification is made pursuant to this section, the notification may be made by:(A) raising a flag/sign;(i) The EPA WPS warning flag/sign as shown in §7.36 of this chapter (relating to Application of Worker Protection Standard) shall be raised to a height of at least approximately five feet, with the bottom of such flag/sign always at least two feet above the top of the crop, in or about the field to which pesticides are scheduled to be applied so that the flag/sign is located no farther than 650 yards from the nearest property line of any person requesting notification.(ii) In the event of unusually tall crops, such as citrus, corn, or sugar cane, or limited access fields, the farm operator may raise a flag/sign at a distance greater than 650 yards from the nearest property line of the party requesting notification on a permanent pole to a height visible from the property line of the requesting party.(iii) The telephone number of the farm operator shall be on or near the flag/sign, and the flag/sign shall be raised on the border of the field at a location to which the public has access for the purpose of reading the telephone number. The farm operator shall provide the name of the pesticide and the intended date and approximate time of the scheduled application when requested by the requesting party;(B) giving notification in writing, in person, or by telephone in English or, when appropriate, Spanish; or(C) other means mutually agreed upon by both parties. This agreement must be in writing and a copy filed with the department.(2) If the request for notification is made pursuant to a medical condition, notification must be given in person or by telephone in English or, when appropriate, Spanish.(A) If the farm operator is unable to reach a person entitled to notification under this paragraph after making reasonable efforts, the farm operator may immediately notify the department by telephone of the following information:(i) the name and telephone number(s) of the farm operator;(ii) the name and telephone number(s) of the requesting party;(iii) the location of the field scheduled to be treated;(iv) the intended date and approximate time of the pesticide application; and(v) the trade and common chemical name of the pesticide.(B) The department shall maintain a record of the information provided by the farm operator for the duration of the notification request.(C) If the farm operator telephones the department between 8:00 a.m. and 5:00 p.m., Monday through Friday, the department shall immediately attempt to telephone the requesting party and give notification of the scheduled application. A record showing the date and time of all such attempts shall be maintained by the department for the duration of the notification request.(3) If the request for notification is made pursuant to subsection (c)(2) of this section, notification may be given in person or by telephone in English or, when appropriate, Spanish. Alternatively, if mutually agreed by the farm operator and the person in charge of any such facility, notification may be given by posting a flag/sign at a designated location.(4) No request is necessary for prior notification of camps owned, managed, or controlled by the farm operator and located on the field or licensed farm labor camps located on the field or within 1/4 mile of the field on which pesticides are to be applied. Notification shall be provided by telephone or in person to the head of each household. Alternatively, the farm operator may provide notification in writing by placing a written notice on a bulletin board to which the camp has access.(5) A farm operator may notify the department that the farm operator has given or been unable to give a notification by telephone or in person to establish a record of such notice. The department shall maintain a record of such notifications. It is a violation of this section to provide false information to the department about efforts to reach a requesting party or about failure to receive such notification.(h) Notice given in writing, in person, or by telephone shall include:(1) the intended date and approximate time of application;(2) the trade and common chemical name, if requested, of the pesticide to be applied; and(3) the location of the field on which the application is to be made.(i) Notice shall be given not later than 24 hours prior to a scheduled pesticide application.(1) Notice shall be deemed given pursuant to subsection (g)(1) and (3) of this section:(A) at the time of delivery of notification to the requesting person or at the time of delivery of notification to the address provided in the request for prior notification;(B) when the required flag/sign is raised; or(C) as mutually agreed upon pursuant to an agreement authorized by subsection (g)(1)(C) of this section.(2) Notice shall be deemed given pursuant to subsection (g)(4) of this section:(A) at the time of delivery of notification in person or by telephone; or(B) after the farm operator has made reasonable efforts to notify the requesting party by telephoning the requesting party at the number(s) provided during the time(s) specified in the written request.(j) In the event an immediate application is required and notice cannot be given as required by subsection (i) of this section, such notice need not be given. Notice of an emergency application shall be given:(1) by the method selected pursuant to subsections (g)(1), (3) and (4) of this section as soon as reasonably possible before the application; or(2) by telephone or in person to medically affected persons as soon as reasonably possible before the application. In no event shall notice of an emergency application to medically affected persons be given less than one hour before the scheduled application. However, an emergency application need not be postponed if after reasonable efforts by the farm operator actual notice cannot be given.(k) Flags/signs raised under this section should be removed or lowered within 24 hours after the reentry interval expires. However, in no event shall such flags/signs be left posted for more than 72 hours after the reentry interval has expired. In the event that a pesticide application is not made when scheduled, the flag/sign may be left posted until after the reentry interval has expired.(l) A person who has requested notice of a pesticide application under this section shall notify the farm operator promptly and in writing of any change of address or telephone number. Notice need not be given at any vacant structure or premises, or at any structure or premises which is not the place of residence or business of a person entitled to notice under this section.(m) All complaints filed under this section shall be reviewed and investigated by the department in the same manner as any other complaints filed under this chapter.(n) The Texas Boll Weevil Eradication Foundation (foundation) or other areawide pest control programs sponsored by a governmental entity must adhere to the following:(1) For applications made by the foundation as part of its boll weevil eradication program or other areawide pest control program sponsored by a governmental entity, the entity making the application or causing the application to be made is responsible for meeting prior notification requirements of this subsection. The farm operator is responsible for accepting requests for and providing prior notification in accordance with this section for applications made by the farm operator.(2) A request for notification of an application made by an entity covered by this subsection may be made by those persons listed in subsection (c) of this section. No request is necessary for prior notification of farm labor camps owned, managed, or controlled by a farm operator and located on or within 1/4 mile of a field on which pesticides are to be applied by the foundation or other entity; provided that the farm operator is responsible for notifying the foundation or other entity of the presence of such labor camps.(3) Requests made under this section shall be in writing to the foundation or other entity or the farm operator and shall include the information required by subsection (d) of this section.(4) The farm operator is responsible for notifying the foundation or other entity covered by this subsection of any requests for prior notification received by the farm operator relating to an application that will be made or caused to be made by the foundation or other entity. The information must be provided to the foundation or other entity within 24 hours of its receipt by the farm operator. The information may be provided:(A) by telephone at a telephone number obtained from the department;(B) by mailing the written request to the foundation or other entity at an address obtained from the department; or(C) by any other reasonable means, so long as the information is forwarded within 24 hours of its receipt.(5) Prior to making the first application in each calendar year, the foundation or other entity shall request that the farm operator notify it of any requests for prior notification already in effect for property on which the foundation or other entity will be making applications and of any future requests for prior notification on that property.(6) A request for prior notification under this subsection shall be in effect through December 31 of the year that the request is received. The foundation or other entity shall begin notifying the requesting party of scheduled pesticide applications within 10 days of receipt of a request for notification.(A) Notification shall be provided as follows:(i) Notification may be given in writing, by raising a flag/sign in the manner provided in subsection (g)(1)(A) of this section, in person, by telephone in English or, when appropriate, Spanish, or by other means mutually agreed upon by the requesting party and the foundation or other entity. This agreement must be in writing and a copy filed with the department. For purposes of providing notice to medically affected persons or to licensed day care centers, primary and secondary schools, hospitals, inpatient clinics and nursing homes, "notification in writing" means other than by mail such as by posting a written notice on the requester's front door or at the requester's place of business.(ii) If the foundation or other entity is unable to reach a person entitled to notification under this section after making reasonable efforts, it may immediately notify the department by telephone of the following information:(I) the name and telephone number(s) of the foundation or other entity;(II) the name and telephone number(s) of the requesting party;(III) the location of the field scheduled to be treated;(IV) the intended date and approximate time of the pesticide application; and(V) the trade and common chemical name of the pesticide.(iii) The department shall maintain a record of the information provided by the foundation or other entity for the duration of the notification request.(iv) If the foundation or other entity telephones the department between 8:00 a.m. and 5:00 p.m., Monday through Friday, the department shall immediately attempt to telephone the requesting party and give notification of the scheduled application. A record showing the date and time of all such attempts shall be maintained by the department for the duration of the notification request.(v) In addition to the methods of notification provided at this subparagraph, notification to farm labor camps may be provided in writing by placing a written notice on an on-site bulletin board or other central, on-site posting place which is readily accessible to labor camp residents.(B) The notice shall include:(i) the location of the field on which the application is to be made;(ii) the intended date and approximate time of application;(iii) the trade and common chemical name of the pesticide to be applied; and(iv) who to contact for additional information.(7) Notice shall be given no later than 24 hours prior to a scheduled pesticide application.(8) Notice need not be given in accordance with paragraph (7) of this subsection when an immediate application is required and time does not reasonably allow the giving of such notice. In this event, notice of an immediate emergency application shall be given:(A) by the method selected in accordance with paragraph (6)(A) of this subsection as soon as reasonably possible before the application; or(B) by telephone or in person to a medically-affected person as soon as reasonably possible, but not less than one hour before the application. However, an immediate emergency application need not be postponed if, after reasonable efforts by the foundation or other entity, actual notice cannot be given.(9) A person who has requested notice of a pesticide application under this section shall notify the foundation or other entity promptly and in writing of any change of address or telephone number.</content><note type="source"><p>Source Note: The provisions of this §7.37 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.38"><num value="7.38">§7.38</num><heading>Forbidden Pesticide Practices</heading><content>(a) The pesticide applicator shall be responsible for complying with the following standards:(1) Pesticides may not be applied if persons not involved with the application of the pesticide are lawfully present in the area to be treated.(2) The applicator shall stop the application of a pesticide if any person not wearing appropriate protective clothing lawfully enters the area to be treated.(b) It is a violation of these regulations for any person employed by a farm operator to knowingly enter an area to which pesticides have been applied and the restricted-entry interval has not expired or to which pesticides are being applied, except as permitted by the label or federal WPS.</content><note type="source"><p>Source Note: The provisions of this §7.38 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.39"><num value="7.39">§7.39</num><heading>Sodium Fluoroacetate (Compound 1080) Livestock Protection Collar (LPC)--State-Limited-Use Requirements</heading><content>(a) Any and all pesticides and devices using the active ingredient sodium fluoroacetate for livestock predation control shall be classified as state-limited-use, pursuant to the Act, §76.003.(b) In addition to the definitions set out in the Act, §76.001, and §7.1 of this chapter (relating to Definitions), the following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) LPC applicator--A person who has obtained a license from the department as a private, commercial, or noncommercial applicator or who has obtained a private applicator certificate and has fulfilled the requirements for livestock protection collar certification as set forth in this section. Private applicators may certify to use the livestock protection collar on property owned, leased, or rented by the person or the person's employer or under the person's general control. Employees of government agencies who apply collars in administration of official duties or persons that apply collars on their own or employer's property may obtain a livestock protection collar certification under a noncommercial license. Persons operating a business or employed by a business to apply livestock protection collars on the property of another for hire must obtain livestock protection collar certification under a commercial applicator license.(2) Livestock protection collar (LPC)--A collar-like device which has been filled with the active ingredient sodium fluoroacetate (Compound 1080) to control predation.(3) Registrant agent--A representative of a registrant. Each registrant agent must be a licensed pesticide dealer or a licensed private, commercial, or noncommercial applicator certified in the livestock protection collar subcategory, and approved by the department to distribute livestock protection collars to approved LPC applicators.(4) Collar pool agent--A person designated by the department to operate a livestock protection collar pool. Each collar pool agent must be a licensed pesticide dealer or county extension agent, a certified private applicator certified in the livestock protection collar subcategory, or a licensed private, commercial, or noncommercial applicator certified in the livestock protection collar subcategory and approved by the department to distribute livestock protection collars to approved LPC applicators.(c) Distribution requirements. Registrants, registrant agents, and collar pool agents distributing livestock protection collars must meet the following requirements.(1) Each registrant must obtain a license under the Act, §76.071, and comply with the provisions of §7.20 of this chapter (relating to Application).(2) Each registrant and registrant agent who distributes livestock protection collars must obtain a license as a private, commercial, or noncommercial applicator with certification in the livestock protection collar subcategory and a pesticide dealer license. Each collar pool agent who distributes livestock protection collars must possess a private applicator certification and obtain certification in the livestock protection collar subcategory or obtain a license as a private, commercial, or noncommercial applicator with certification in the livestock protection collar subcategory and, except for county extension agents, a pesticide dealer license. Collars shall be distributed only by registrants or agents and only to certified livestock protection collar applicators.(3) Livestock protection collars may not be distributed by registrants or agents to persons other than registrants or agents for the purpose of resale.(4) Each registrant may designate registrant agents and shall file with the department written notice of the name, home address, address of distribution site, and telephone number of each agent. The registrant shall notify the department of any change in this information within ten days. The department shall notify the registrant in writing if the agent is approved or disapproved.(5) Each livestock protection collar shall have a unique serial number clearly and firmly affixed to it.(6) Registrants and agents shall dispose of livestock protection collars strictly in accordance with label directions.(7) Registrants and agents shall distribute the forms prescribed by the department for use by LPC applicators with each distribution of livestock protection collars.(8) Registrants and agents shall report to the department any incident or complaints of misuse involving a livestock protection collar.(d) In order to be certified as an LPC applicator, the following criteria must be met.(1) A person seeking certification as a licensed commercial LPC applicator shall comply with the licensing requirements of §7.22 and §7.23 of this chapter (relating to Licensing of Applicators and Applicator Business Proof of Financial Responsibility), complete livestock protection collar training, pass a test prescribed by the department, and pay the license fee prescribed by §7.20 of this chapter (relating to Application).(2) A person seeking certification as a licensed noncommercial LPC applicator shall comply with the licensing requirements of §7.22 of this chapter (relating to Licensing of Applicators), complete livestock protection collar training, pass a test prescribed by the department and pay the license fee prescribed by §7.20 of this chapter.(3) A person seeking certification as a private LPC applicator must possess a valid private applicator certificate or a private applicator license in accordance with §7.22 of this chapter (relating to Licensing of Applicators), complete livestock protection collar training, and pass a test prescribed by the department. No testing fee will be collected from private applicators.(4) All LPC applicators must recertify as required by §7.24 of this chapter (relating to Applicator Recertification). Each LPC applicator is responsible for giving written notice to the department of any change of address. The department may require retraining and retesting of any LPC applicator who fails to comply with the use, recordkeeping or other requirements of the department.(5) The licensing requirements of §7.25 of this chapter (relating to Expiration and Renewal of Licenses) apply to all LPC applicators.(e) LPC applicators must undergo training, including training in the following areas:(1) the proper use of the livestock protection collar;(2) the proper method of disposing of collars and contaminated materials;(3) health and safety hazards, safe handling techniques, and emergency treatment in cases of accidental exposure;(4) recordkeeping and reporting requirements;(5) proper methods of identifying causes of predation; and(6) approved methods of predator management.(f) All LPC applicators shall comply with the label, including the use restrictions, when using the livestock protection collar. Copies of the label and applicator record forms shall be obtained with the purchase or transfer of any collar from a registrant or agent. Additional copies of the label and forms may be obtained from the department.(g) Each registrant shall maintain records for the registrant and all registrant agents on forms prescribed by the department for at least two years which include:(1) an inventory of Compound 1080 and an inventory of livestock protection collars including the serial number, size, type of straps, number of straps, and configuration for each collar. An annual production report shall be filed on forms prescribed by the department by each registrant by January 31 for the previous calendar year reporting on the number and type of livestock protection collars produced and distributed and on the quantity of Compound 1080 purchased and used;(2) information on all distributions to applicators or agents, including:(A) the date of distribution;(B) the name, telephone number, address, and applicator license number of each LPC applicator who purchased or received a collar;(C) the number of livestock protection collars distributed; and(D) the serial number of each collar.(3) A record of all distributions of collars by a registrant or agent shall be submitted to the department monthly. A report is not required for months in which a distribution does not occur.(4) Each collar pool agent shall notify the department monthly of all distributions of collars and shall maintain records for at least two years, including:(A) the date of distribution or receipt of collars;(B) the name, telephone number, address, and applicator license number of each LPC applicator who purchased, transferred, or received a collar;(C) the number of livestock protection collars distributed;(D) the serial number of each collar; and(E) the names and addresses of collar pool members.(5) Each LPC applicator shall maintain records on the use of the collar on forms prescribed by the department. The records shall include:(A) the serial number of the collar attached to livestock;(B) the pasture(s) where collared livestock were placed;(C) the dates of each attachment, inspection, and removal;(D) the number and locations of livestock found with ruptured or punctured collars and the apparent cause of the damage;(E) the number, dates, and approximate location of collars lost;(F) the species, locations, and dates of all animals suspected to have been killed by collars;(G) all suspected poisonings of humans, domestic animals, or nontarget wild animals resulting from collar use and all other accidents involving the release of Compound 1080; and(H) number of collars in storage.(6) Each LPC applicator shall maintain a copy of collar use records for at least two years.(7) Each registrant, agent, or LPC applicator shall report accidents involving any suspected or actual poisoning of threatened or endangered species, humans, domestic animals, or nontarget wild animals to the department within one working day by telephone.(h) Instructions to noncertified applicators working under the supervision of a licensed LPC applicator. The licensed LPC applicator shall give appropriate verifiable instructions on the use of the collar to a noncertified person as required by §7.31 of this chapter (relating to Supervision) before the noncertified person may handle the collar. Licensed commercial LPC applicators must be physically present to supervise use of collars by noncertified applicators. Certified private applicators authorized to apply collars may not supervise any person using collars.</content><note type="source"><p>Source Note: The provisions of this §7.39 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.40"><num value="7.40">§7.40</num><heading>M-44 Sodium Cyanide--State-Limited-Use Requirements</heading><content>(a) Any and all pesticides and devices using sodium cyanide as the active ingredient, including the M-44 device for livestock predation control, shall be classified as state-limited-use pesticides, pursuant to the Act, §76.003. However, this section shall not apply to the use of M-44 sodium cyanide by employees of the Texas Animal Damage Control Service when performing official duties and using M-44 cyanide capsules under the federal government registration.(b) In addition to the definitions set out in the Act, §76.001 and §7.1 of this chapter (relating to Definitions), the following words and terms, when used in this section shall have the following meanings unless the context clearly indicates otherwise:(1) Authorized dealer--A dealer licensed under the Act, §76.071, and specifically approved by the department to distribute M-44 sodium cyanide.(2) M-44 applicator--A person who has obtained authorization from the department for the use of M-44 sodium cyanide.(3) M-44 sodium cyanide--Includes the active ingredient sodium cyanide, sodium cyanide capsules, and any device loaded with sodium cyanide for use in livestock predation control.(c) Dealers distributing M-44 sodium cyanide must meet the following requirements:(1) All dealers who wish to distribute M-44 sodium cyanide must obtain written approval by the department. In order to obtain approval, a person must obtain from the department a pesticide dealer's license to handle restricted-use and state-limited-use pesticides and regulated herbicides and complete special agreement forms to become an authorized dealer for the purpose of distributing M-44 sodium cyanide. An authorized dealer must meet the dealer requirements of the Act, Subchapter D, the requirements of §7.20 of this chapter (relating to Application), and any additional requirements related to the use restriction bulletin and label for M-44 sodium cyanide (EPA Registration Number 33858-2).(2) An authorized dealer may distribute M-44 sodium cyanide only to M-44 applicators or registrants of M-44 sodium cyanide. M-44 sodium cyanide may not be distributed or transferred by an authorized dealer to any person for the purpose of resale or transfer with the exception of registrants.(3) The department will keep a list of authorized dealers and make it available to all certified applicators. Only dealers whose names appear on the list are authorized to receive or distribute M-44 sodium cyanide.(4) Each authorized dealer must be or employ a person certified under this section.(5) Each authorized dealer must maintain complete records of all transactions involving M-44 sodium cyanide for a period of two years, including:(A) the amount of materials purchased by the authorized dealer and the date of purchase; and(B) the following information for each distribution:(i) the date of distribution;(ii) the name, address, applicator number, county, and telephone number of any M-44 applicator to whom M-44 sodium cyanide was distributed; and(iii) the amount distributed to the approved applicator.(6) Authorized dealers must ensure that any distribution of M-44 sodium cyanide is accompanied by a complete label. Authorized dealers must also provide to M-44 applicators recordkeeping forms prescribed by the department. Authorized dealers may distribute sodium cyanide capsules only in boxes of ten, 25, or 50 each.(7) Authorized dealers must obtain the department's approval prior to purchasing any M-44 sodium cyanide.(8) An authorized dealer must report to the department any incident or complaint of misuse involving M-44 sodium cyanide.(d) Any person not previously certified as an M-44 sodium cyanide applicator may become certified by meeting the following criteria:(1) A person seeking certification as a licensed commercial M-44 sodium cyanide applicator shall comply with the licensing requirements of §7.22(d) and §7.23 of this chapter (relating to Licensing of Applicators and Applicator Business Proof of Financial Responsibility), complete M-44 sodium cyanide training, pass a test prescribed by the department, and pay the license fee prescribed by §7.20 of this chapter (relating to Application).(2) A person seeking certification as a licensed noncommercial M-44 sodium cyanide applicator shall comply with the licensing requirements of §7.22(d) of this chapter (relating to Licensing of Applicators), complete M-44 sodium cyanide training, pass a test prescribed by the department, and pay the license fee prescribed by §7.20 of this chapter (relating to Application).(3) A person seeking certification as a private M-44 sodium cyanide applicator must possess a valid private applicator certificate or a private applicator license in accordance with §7.22(f) of this chapter (relating to Licensing of Applicators), complete M-44 sodium cyanide training, and pass a test prescribed by the department. No testing fee will be collected from private applicators.(4) All M-44 sodium cyanide applicators must recertify as required by §7.24 of this chapter (relating to Applicator Recertification). Each M-44 sodium cyanide applicator is responsible for giving written notice to the department of any change of address. The department may require retraining and retesting of any M-44 sodium cyanide applicator who fails to comply with use, recordkeeping, or other requirements of the department.(5) The licensing requirements of §7.25 of this chapter (relating to Expiration and Renewal of Licenses) apply to all M-44 sodium cyanide applicators.(e) Instructions to noncertified applicators working under the supervision of licensed M-44 sodium cyanide applicators. The licensed M-44 sodium cyanide applicator shall give appropriate verifiable instructions on the use of M-44 sodium cyanide to a noncertified person as required by §7.31 of this chapter (relating to Supervision) before the noncertified person may handle M-44 sodium cyanide. Licensed commercial and noncommercial M-44 sodium cyanide applicators must be physically present to supervise the use of M-44 sodium cyanide by noncertified applicators. Certified private applicators may not supervise any person using M-44 sodium cyanide.(f) Training for M-44 applicators shall include the following:(1) the proper use and treatment of M-44 sodium cyanide;(2) the proper method of disposing of M-44 sodium cyanide and related contaminated materials;(3) safe handling techniques designed to reduce health and injury risks;(4) recordkeeping requirements;(5) proper methods of identifying causes of predation; and,(6) approved methods of predator control.(g) All M-44 applicators must comply with the M-44 sodium cyanide label and use restriction bulletin issued by the department. A copy of the use restriction bulletin must be obtained with the purchase of each box of M-44 sodium cyanide. Additional copies of the bulletin and recordkeeping forms may be obtained from the department.(h) Each applicator shall maintain records on forms prescribed by the department dealing with the placement of the device and the results of each placement. Such records shall include, but may not be limited to:(1) the number of M-44 sodium cyanide devices in place;(2) the location of each M-44 sodium cyanide device;(3) the dates of each placement, inspection, and removal;(4) the number and location of M-44 sodium cyanide devices which have been discharged and the apparent reason;(5) species of animals taken; and(6) all accidents or injuries involving humans, domestic animals, wildlife, or bodies of water.</content><note type="source"><p>Source Note: The provisions of this §7.40 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scD/s7.41"><num value="7.41">§7.41</num><heading>Application of Coumaphos (Active Ingredient 42%)</heading><content>Products containing coumaphos, with an active ingredient of 42% by weight, which is approved for use on beef or non-lactating dairy cattle or horses, to control horn flies, lice, ticks and screwworms, must be applied in a ventilated area.</content><note type="source"><p>Source Note: The provisions of this §7.41 adopted to be effective April 10, 2019, 44 TexReg 1713.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scE"><num value="E">SUBCHAPTER E</num><heading>REGULATED HERBICIDES</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scE/s7.50"><num value="7.50">§7.50</num><heading>General Requirements for Regulated Herbicide Applicators</heading><content>(a) The following requirements are applicable to persons applying regulated herbicides in regulated counties. No person shall apply regulated herbicides as defined in §7.30 of this chapter (relating to Classification of Pesticides), without first obtaining a spray permit for such application. A blanket permit may be issued to a licensed or certified applicator. The department may require a licensed or certified applicator who has obtained a blanket permit to submit a supplemental report of any regulated herbicide applied under the terms of the permit.(1) All permits expire when the acreage for which the permit was granted has been sprayed, or 180 days after issuance, whichever occurs first.(2) Applications of regulated herbicides by brush, mop, wick, basal treatment, or injection method are hereby exempt from the requirements of obtaining a permit.(3) Applications by an applicator licensed by the Texas Structural Pest Control Service in the Weed Control category as defined in §7.124 of this chapter (relating to Structural License Categories) are exempt from the permit requirements of this section.(4) All persons applying regulated herbicides to lawns are exempt from the permit requirements of this section.(b) All spraying of regulated herbicides must conform to these requirements in a regulated county regardless of whether or not a permit is required.(1) Spraying high volatile herbicides is prohibited when there are susceptible crops within a four-mile radius from any point of the land to be sprayed. Highly volatile herbicides include methyl, ethyl, butyl, isopropyl, octylamyl, and pentyl esters containing various concentrations expressed in pounds of acid equivalent per gallon.(2) No person shall spray regulated herbicides when the wind velocity exceeds 10 miles per hour or as specified on the product label, if the label is more restrictive.(3) The use of any turbine or blower-type ground application equipment to apply regulated herbicides is prohibited.</content><note type="source"><p>Source Note: The provisions of this §7.50 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scE/s7.51"><num value="7.51">§7.51</num><heading>Requirements for Special County Provisions</heading><content>(a) The department shall not accept for adoption any request for special county provisions which will, except as provided by and consistent with the Act, Subchapter G, and regulations adopted thereunder, either directly or indirectly:(1) exempt applicators from obtaining spray permits, except during periods when susceptible vegetation is at a minimum;(2) exempt applicators from recordkeeping requirements;(3) exempt commercial applicators from requirements for proof of financial responsibility;(4) prohibit the distribution of any herbicide; and/or(5) require the department to inspect land prior to issuance of spray permits.(b) The department may consider for adoption a request by a county to:(1) regulate or prohibit methods of application;(2) prohibit application of any regulated herbicide during any period of the year; and/or(3) exempt from the provisions of the Act, Subchapter G, any portion of a county which can be identified by easily recognizable physical boundaries.</content><note type="source"><p>Source Note: The provisions of this §7.51 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scE/s7.52"><num value="7.52">§7.52</num><heading>Counties Regulated</heading><content>The following counties shall be subject to the provisions of the Act, Subchapter G, unless specifically excepted by provisions of §7.53 of this chapter (relating to County Special Provisions): Aransas, Austin, Bailey, Baylor, Brazoria, Brazos, Briscoe, Burleson, Childress, Cochran, Collin, Collingsworth, Culberson, Dallas, Dawson, Deaf Smith, Delta, Dickens, Donley, El Paso, Falls, Foard, Fort Bend, Gaines, Galveston, Hall, Harris, Hardeman, Haskell, Hudspeth, Hunt, Jackson, King, Knox, Lamar, Lamb, Loving, McLennan, Martin, Matagorda, Midland, Milam, Moore, Motley, Parmer, Refugio, Robertson, Rockwall, Runnels, San Patricio, Waller, Ward, Wharton, and Wilbarger.</content><note type="source"><p>Source Note: The provisions of this §7.52 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective April 22, 2004, 29 TexReg 3789; amended to be effective July 25, 2005, 30 TexReg 4211; amended to be effective July 22, 2007, 32 TexReg 4383; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scE/s7.53"><num value="7.53">§7.53</num><heading>County Special Provisions</heading><content>(a) Aransas. No permit is required for spraying regulated herbicides during the months of January and February.(b) Austin.(1) Only that portion of Austin County lying east and south of the line beginning at the point where State Highway 36 crosses the north county line, thence southerly along Highway 36 to FM 949; thence westwardly along FM 949 to the San Bernard River is regulated by the Act, Subchapter G and regulations adopted thereunder.(2) Between March 15th and July 31st, in that portion of Austin County lying south of Interstate Highway 10, the following restrictions on the use of 2,4-D formulations shall apply:(A) the application by aircraft is prohibited;(B) the use of all ester formulations by any method is prohibited.(c) Bailey.(1) For the period beginning on October 1 of one calendar year through May 1 of the following calendar year, no permit will be required for the use of the regulated herbicides in that part of Bailey County defined by the following landmarks: south of Highway 746 from Texas/New Mexico state line extending east to Highway 214; then south on Highway 214 to the intersection of Highway 214 and Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County Line.(2) Aerial application of regulated herbicides is prohibited in the area described in this subsection during the regulated period.(3) For the period beginning on October 1 of one calendar year through April 15 of the following calendar year, no permit will be required for the use of regulated herbicides in that part of Bailey County defined by the following landmarks: north of 746 from Texas/New Mexico state line extending east to Highway 214, then south on Highway 214 to the intersection of Highway 214 and Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County line.(4) Except as provided in these subsections, the aerial application of regulated herbicides is prohibited except that the aerial application of dicamba is allowed in the area described in this subsection during the regulated period.(d) Baylor.(1) No permit is required for the application of a regulated herbicide during the period of September 16 to May 14 of the following year.(2) The application of the following regulated herbicides are prohibited during the regulated period beginning May 15 and ending September 15 of each year:(A) the ester formulations of 2,4-dichlorophenoxyacetic acid (2,4-D); and(B) 2-methyl-4-chlorophenoxyacetic acid (MCPA).(e) Brazoria.(1) For that portion of Brazoria County east of the Brazos River all formulations of 2,4-D may be aerially applied throughout the year.(2) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(3) For that portion of Brazoria County not included in paragraph (1) of this subsection, the aerial application of regulated herbicides is prohibited between March 25th and August 1st of each year.(4) The use of high volatile herbicides is prohibited.(f) Brazos. That portion of Brazos County lying east of the Brazos River and west of the following described line shall be regulated by the Act, Subchapter G and regulations adopted thereunder. The eastern boundary of the regulated area is as follows:(1) beginning at the intersection of State Highway No. 6 and Old San Antonio Road (OSR), which point is on the north boundary line of Brazos County; thence in a southerly direction along OSR to its intersection with Texas Highway 21; thence in a westerly direction along Texas Highway 21 to the Little Brazos River; thence in a southerly direction along the east bank of the Little Brazos River to its intersection with the Brazos River; thence in a southerly direction along the east bank of the Brazos River to Koppe Bridge Road; commencing again on FM 159 in Allen Farm at the railroad intersection along FM 159 to its intersection with State Highway 105.(2) that portion of Brazos County lying east of the line described in paragraph (1) of this subsection shall be exempt from the Act, Subchapter G and regulations adopted thereunder.(g) Briscoe.(1) The aerial application of regulated herbicides shall be prohibited from May 1 through September 1 of each year in that portion of Briscoe County that lies above the Caprock Escarpment, such area to be designated as Zone 1.(2) The aerial application of regulated herbicides will be allowed in Zone 1 between September 2 and October 1 of each year with the requirement of a permit.(3) The aerial application of regulated herbicides shall be prohibited from May 1 through October 1 of each year in that portion of Briscoe County that lies below the Caprock Escarpment, such area to be designated as Zone 2.(4) Only 2,4-D amine and dicamba may be applied by ground applications with the requirement of a permit.(5) No permit is required for the application of regulated herbicides from October 2 through April 30 of the following year.(h) Burleson.(1) The application of regulated herbicides by aircraft is allowed during the period of October 1 through February 28 of the following year, as long as there are no susceptible crops located within two miles of the application area.(2) Between March 1 and September 30 of each year, the following restrictions on the use of 2,4-D formulations shall apply.(A) Only amine formulations may be used with a boom-type sprayer for ground applications in that area beginning at Milam County line; thence south along FM Road 1362 to FM Road 166; thence east to FM Road 2039; thence south to FM 60; thence west on FM 60 to Davidson Creek; thence south along Davidson Creek to Washington County line to Brazos River; thence north along Brazos County line to Milam County line, the place of the beginning.(B) Cluster nozzles are prohibited in the area designated in subparagraph (A) of this paragraph.(i) Childress.(1) No permit is required for the application of regulated herbicides during the period of September 16 to May 15 of the following calendar year.(2) The application of the following regulated herbicides is prohibited during the regulated period beginning May 16 and ending September 15 of each year:(A) Ester formulation of 2,4-Dichlorophenoxyacetic acid (2,4-D);(B) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA);(3) The application of Dicamba and 2,4-D amine is prohibited during the regulated period except during the period of May 10 and ending June 5 of each year with the requirement to obtain a permit.(j) Cochran.(1) The use of 2,4-D ester is prohibited for the period beginning April 25 and ending October 15 of each year.(2) The aerial application of all regulated herbicides is prohibited for the period beginning April 25 and ending October 15 of each year.(3) A permit for application of all regulated herbicides is required for the period beginning January 1 and ending on December 31 of each year.(k) Collingsworth.(1) The aerial application of regulated herbicides is allowed with the requirement of a permit between the dates of November 1 of one calendar year and April 25 of the following calendar year.(2) Ground and aerial applications of regulated herbicides will be allowed with the requirement of a permit throughout the year in the northeast part of the county, identified with physical boundaries north of the Salt Fork of the Red River and east of U.S. Highway 83.(3) Ground applications of 2,4-D amine will be allowed with the requirement for a permit throughout the county between the dates of April 16 and October 30 of each year.(l) Dawson.(1) No permit is required for the application of the regulated herbicides during the period from October 1 to April 15 of the following year.(2) All ester formulations and/or other high volatile formulations of 2,4-D shall be prohibited.(3) A permit is required for the ground application of 2,4-D amine and dicamba during the regulated period from April 16 through September 30 of each year.(4) The aerial application of dicamba only is allowed with the requirement of a permit during the regulated period from April 16 through September 30 of each year.(m) Deaf Smith.(1) The use of all ester formulations of regulated herbicides is prohibited from May 1 through September 30 of each year;(2) A permit is required for the application of all other formulations of regulated herbicides from May 1 through September 30 of each year; and(3) A permit is not required for the application of regulated herbicides between the dates of October 1 through April 30 of each year.(n) Delta. The aerial application of regulated herbicides is prohibited between April 15 and September 1 of each year.(o) Dickens.(1) The application of all ester formulations of regulated herbicides is prohibited between May 15 and September 15.(2) The application of regulated herbicides by aerial application is prohibited between May 15 and September 15.(3) The application of regulated herbicides by cluster nozzle applications is prohibited between May 15 and September 15.(4) Only 2,4-D amine formulation and dicamba may be applied by ground applications between May 15 and September 15, with the requirement of a permit.(5) No permit is required for the application of regulated herbicides between September 16 and May 14.(p) Falls.(1) The use of all ester formulations of regulated herbicides is prohibited from April 1 through August 31 of each year.(2) A permit is required for the application of the other formulations of regulated herbicides from April 1 through August 31 of each year.(3) A permit is not required for the application of regulated herbicides between the dates of September 1 to March 31 of each year.(q) Foard. That portion of Foard County within the area described as follows is regulated by the provisions of the Act, Subchapter G and regulations adopted thereunder, for the period beginning May 25 and ending October 10 of each year: all of that portion of Foard County lying east of a line which has its origin beginning at a point where the Pease River intersects the east boundary line of Section 509, Block A, H&T.C.RR.C., survey, thence continuing southerly along the adjoining section lines ending at a point of intersection with the 345 KV transmission electric power lines, then, all of the portion of Foard County lying north of a line along the 345 KV transmission electric power lines extending easterly to the Wilbarger County line.(r) Fort Bend.(1) The aerial application of all formulations of 2,4-D is prohibited between March 10 and September 15 of each year.(2) The application of high volatile herbicides is prohibited.(3) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(s) Gaines.(1) The application of all regulated herbicides is allowed without the requirement of a permit between the dates of October 1 and March 31 of the following year.(2) A permit is required for the application of the regulated herbicides between the dates of April 1 to September 30 of each year.(t) Hall. The application of regulated herbicides is prohibited between May 10 and October 15 of each year, with the exception of the application of dicamba by ground equipment provided the user obtains a permit from the department prior to the use during the regulated period. The application of regulated herbicides is allowed without the requirement of a permit for the period beginning October 16 and ending May 9 of the following year.(u) Hardeman.(1) No permit is required for the application of regulated herbicides during the period of September 16 to May 15 of the following calendar year.(2) A permit is required for the application of the following regulated herbicides during the regulated period beginning May 16 and ending September 15 of each year:(A) Any formulation of 2,4-Dichlorophenoxy acetic acid (2,4-D);(B) 2-Methyl-4-chlorophenoxy acetic acid (MCPA);(C) Dicamba.(v) Harris.(1) The use of high volatile herbicides is prohibited.(2) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(w) Haskell.(1) No permit is required between November 1 and May 20 of the following calendar year.(2) Aerial application of regulated herbicides is prohibited between June 2 and November 1 of each year.(x) Hudspeth.(1) The use of all ester formulations of regulated herbicides is prohibited between the dates of April 1 and October 15 of each year.(2) A permit is required for the application of the other formulations of regulated herbicides between the dates of April 1 and October 15 of each year.(3) A permit is not required for the application of the regulated herbicides between the dates of October 16 to March 31 of the following year.(y) Hunt.(1) The aerial application of regulated herbicides shall be prohibited from April 15 through September 1 of each year.(2) No permit is required for the application of regulated herbicides from September 1 of one calendar year through April 15 of the following calendar year.(z) Jackson. No permit is required for the application of regulated herbicides during the months of January and February of each year.(aa) King. Aerial application of regulated herbicides is prohibited between June 10 and October 15 of each year.(bb) Knox. That portion of the county lying north of the Brazos River to its intersection with longitude 99 degrees 35'; thence north to latitude 33 degrees 42' going west to State Highway 6, then north to the Foard County line, west to King County line; thence south to the Brazos River, is exempt from the Act, Subchapter G and regulations adopted thereunder. All other portions of Knox County are required to comply with provisions of the Act, Subchapter G and regulations adopted thereunder, except that during the period between October 1 through March 31 of the following calendar year no permit will be required.(cc) Lamar.(1) That portion of Lamar County beginning at the Red River County line on State Highway 271N, which point is the east boundary line of Lamar County; thence on a northwesterly direction along 271 North to the town of Pattonville; thence in a westerly direction from Pattonville along Jefferson Road for a distance of two miles; thence south on unnamed oil top county road 0.9 mile to community of Shady Grove; thence in a westerly direction on unnamed oil top county road for one mile to the intersection of FM 905; thence south one mile on FM 905 to first unnamed oil top county road in community of Plainview; thence in a westerly direction on county road four miles to the town of Biardstown to intersection of FM 1497; thence northwesterly on FM 1497 0.3 mile to Hickory Creek; thence southeasterly on Hickory Creek to North Sulphur River, which is the south boundary line of Lamar County; thence easterly along the south county line to the southeast corner of the county; thence northerly along the east county line to its intersection with Highway 271 North, to the point of beginning is regulated by the Act, Subchapter G and regulations adopted thereunder.(2) Aerial application of regulated herbicides is prohibited in the regulated portion of Lamar County between April 15 and September 1 each year.(dd) Lamb. During the period between September 15 of one calendar year through April of the following year, no permit will be required for the following regulated herbicides:(1) 2-methyl-4 chlorophenoxyacetic acid (MCPA);(2) polychlorinated benzoic acids; and(3) either alone or in mixtures any of the herbicides listed in paragraph (1) and (2) of this subsection.(ee) Matagorda.(1) The aerial application of all formulations of 2,4-D is prohibited between March 10 and September 15 of each year.(2) The application of high volatile herbicides is prohibited.(3) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(ff) Milam.(1) The use of all ester formulations of regulated herbicides will be prohibited between the dates of April 1 and August 31 of each year.(2) A permit will be required for the application of the other formulations of regulated herbicides between the dates of April 1 and August 31 of each year.(3) A permit will not be required for the application of the regulated herbicides between the dates of September 1 to March 31 of the following year.(gg) McLennan.(1) The use of all ester formulations of regulated herbicides will be prohibited between the dates of April 1 and August 31 of each year.(2) A permit will be required for the application of the other formulations of regulated herbicides between the dates of April 1 and August 31 of each year.(3) A permit will not be required for the application of the regulated herbicides between the dates of September 1 to March 31 of the following year.(hh) Moore.(1) The use of all ester formulations of regulated herbicides is prohibited from May 1 through September 30 each year.(2) A permit is required for the application of all other formulations of regulated herbicides from May 1 through September 30 of each year.(3) No permit is required for the application of regulated herbicides during the period beginning October 1 and ending April 30 of the following year.(ii) Motley. No permit is required for the period of November 1 to May 14 of the following year.(jj) Parmer. No permit is required in Parmer County for applications of regulated herbicides between November 1 and March 31 of the following year. However, the application of all ester formulations of 2,4-D is prohibited between the dates of April 15 and October 1 of each year.(kk) Refugio.(1) The application of the ester formulations of 2,4-D by any means is prohibited between the period of March 1 and September 15 of each year. The application of the amine formulations of 2,4-D is prohibited between the period of March 10 and September 15 of each year except by permit.(2) No permit is required for the application of regulated herbicides during the period of September 16 and ending the last day of February of the following year.(ll) Robertson.(1) Persons in that portion of Robertson County, east of State Highway 6, are exempted from requirements of the Act, Subchapter G and regulations adopted thereunder.(2) A permit is required for the application of regulated herbicides in that portion of Robertson County, west of State Highway 6 between the dates of April 1 and September 15 each year.(mm) Runnels. That portion of Runnels County beginning on the west county line at the point of intersection with the Colorado River, east-southeasterly along the Colorado River to its intersection with U.S. Highway 83, thence north along U.S. Highway 83 to its intersection with the north county line, thence westerly along the north Runnels County line to the northwest corner of the county, thence southerly along the west county line to the Colorado River, the point of beginning, is regulated by the Act, Subchapter G and regulations adopted thereunder. In regulated areas, no permit is required from October 1 through May 25 of the following year. The application of ester formulations of regulated herbicides is prohibited from May 26 through September 30 of each year. The application of other regulated herbicides will be allowed beginning May 26 through September 30 of each year provided that a spray permit is obtained prior to each application.(nn) San Patricio. No permit is required during the period beginning August 15 and ending March 1 of the following year. Application of regulated herbicides during the period of March 2 through August 14 must be in compliance with the Act, Subchapter G and regulations adopted thereunder. Only boom-type equipment can be used, for ground applications with nozzle height not to exceed 24 inches and maximum pressure not to exceed 20 pounds per square inch. The use of 2,4-D amine herbicides must meet the following requirements for both ground and aerial applications:(1) wind velocity of 0-5 mph downwind within 16 rows and upwind 8 rows;(2) wind velocity of 6-10 mph downwind 1/8 mile and upwind 8 rows.(oo) Wharton.(1) The aerial application of all formulations of 2,4-D is prohibited in that portion of Wharton County east of the Colorado River between March 10 and September 15 of each year.(2) The application of all formulations of 2,4-D by any method is prohibited during the period beginning March 10 and ending October 1 of each year, in that portion of Wharton County lying west of the Colorado River.(3) The use of high volatile herbicides is prohibited.(4) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(pp) Wilbarger.(1) No permit is required for the application of regulated herbicides during the period of September 16 to May 9 of the following calendar year.(2) The application of the following regulated herbicides is prohibited during the regulated period beginning May 10 and ending September 15 of each year:(A) Ester formulations of 2,4-Dichlorophenoxyacetic Acid (2,4-D);(B) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA).(3) The aerial application of polychlorinated benzoic acids and 2,4-D amine is prohibited during the regulated period except during the period of May 10 and ending May 20 of each year. Ground applications of polychlorinated benzoic acids and 2,4-D Amine may be made during the regulated period with the requirement of a permit.(4) Research conducted by the Texas A&M University System under the auspices of brush and weed control, using all regulated herbicides, will be allowed during the regulated period. Aerial applications must provide a buffer zone of at least five statute miles from any susceptible crops, and wind velocity must not exceed 10 mph during application. Research will be allowed during the period beginning May 15 and ending September 15 of each year. The department shall be notified before the commencement of such research projects.</content><note type="source"><p>Source Note: The provisions of this §7.53 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective February 24, 1999, 24 TexReg 1154; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective April 22, 2004, 29 TexReg 3789; amended to be effective July 25, 2005, 30 TexReg 4211; amended to be effective July 22, 2007, 32 TexReg 4383; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scF"><num value="F">SUBCHAPTER F</num><heading>ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scF/s7.60"><num value="7.60">§7.60</num><heading>Enforcement</heading><content>In addition to the enforcement powers of the commissioner found in the Act, Subchapter H, the department may enter the premises of a person who engages in any activity regulated under the Act and this chapter during normal business hours to:(1) examine records;(2) inspect any apparatus subject to the Act; or(3) inspect pesticide packaging, labels, and labeling information for compliance with the Act.</content><note type="source"><p>Source Note: The provisions of this §7.60 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scF/s7.61"><num value="7.61">§7.61</num><heading>Stop Use, Stop Distribution or Removal Order</heading><content>(a) A written or printed order may be issued to any person in possession of a pesticide that has been determined to be in violation of the Act or these regulations.(b) Upon receipt of an order under this section, a person may not use or distribute a pesticide for which the order was issued without approval of the department.(c) Reasons for which a Stop Distribution, Stop Use or Removal Order may be issued include, but are not limited to, the following:(1) a pesticide not currently registered with EPA and/or the department;(2) a pesticide that does not bear a legible label;(3) a pesticide that bears an adulterated or incomplete label;(4) a pesticide in a broken, leaking or otherwise unsafe container;(5) a pesticide that has been classified as a restricted-use or state-limited-use pesticide or a regulated herbicide that is being distributed without a current pesticide dealer license;(6) a pesticide that has been classified as a restricted-use or state-limited-use pesticide or a regulated herbicide that is being used by a person that is not an appropriately licensed or certified applicator or working under the direct supervision of an appropriately licensed applicator;(7) a pesticide whose use has been prohibited or cancelled; or(8) a pesticide found to be in violation with any provision of the Act or these regulations.(d) The custodian or owner of the pesticide shall maintain documentation on the disposition of a pesticide to which an order has been issued under this section.(e) The department may require the person that has the responsibility for bringing the pesticide in compliance with the Act and these regulations to take any corrective action necessary to resolve the area of noncompliance.</content><note type="source"><p>Source Note: The provisions of this §7.61 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scF/s7.62"><num value="7.62">§7.62</num><heading>Complaint Investigation</heading><content>(a) Any person with cause to believe that any provision of the Act or this chapter has been violated may file a complaint with the department. The department will accept either written or oral notification, but may require that a complaint form be signed in order to conduct an investigation.(b) Any person who has experienced or is alleging adverse effects from a pesticide application may file a complaint with the department. Such complaint shall be subscribed by the complaining party and set forth in detail the facts of the alleged violation.(c) The department will investigate the complaint and make a full written report.(d) This report will be made available to the parties concerned upon written request to the extent provided under the Texas Government Code, Chapter 552.(e) The department shall, as soon as possible, notify the applicator(s) believed to be responsible for the complaint and the owner or lessee of the land where the application occurred.(f) The department will not estimate monetary losses sustained.(g) No finding of violation by the department will be premised solely on the uncorroborated statements of an anonymous or unidentified complainant, but all such complaints will be investigated routinely. For each such complaint, the department will determine the extent of investigation which is appropriate to address the complaint.</content><note type="source"><p>Source Note: The provisions of this §7.62 adopted to be effective December 4, 1997, 22 TexReg 11652.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scG"><num value="G">SUBCHAPTER G</num><heading>PENALTIES</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scG/s7.70"><num value="7.70">§7.70</num><heading>Penalties</heading><content>(a) The Code, §12.020, which provides for the assessment of administrative penalties, applies to a person who violates the Act or these regulations. Failure to pay an administrative penalty assessed by a final order of the department is a violation of these regulations. Failure to pay a final civil penalty judgment in which express findings of a violation are made and which was entered pursuant to the Act shall also constitute a violation of these regulations.(b) It shall be a violation for a person to distribute restricted-use or state-limited-use pesticides or regulated herbicides without a current pesticide dealer license in accordance with the Act, Subchapter D (relating to Licensing of Dealers).</content><note type="source"><p>Source Note: The provisions of this §7.70 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scG/s7.71"><num value="7.71">§7.71</num><heading>Use Inconsistent with Label Directions</heading><content>(a) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with its label or labeling. Use inconsistent with the label includes, but is not limited to:(1) applications at sites, rates, concentrations, intervals, or under conditions not specified in the labeled directions, except:(A) applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency;(B) applying a pesticide against any target pest not specified on the label or labeling if the application is to the crop, animal, or site specified on the labeling, unless the department or EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling after the department or EPA has determined that the use of the pesticide against other pests would cause an unreasonable, adverse effect on the environment;(C) employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling or unless prohibited by law or regulation;(D) mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling;(E) when a pesticide is applied in conformance with an approved experimental use permit (EUP);(F) when a pesticide is applied in conformance with an approved emergency exemption granted by EPA to a federal or state agency;(G) when a pesticide is applied in conformance with an approved special local need registration; and(H) when a pesticide is applied in any situation receiving prior written approval from EPA;(2) tank mixing of pesticides, or using application techniques, or equipment prohibited by the label;(3) failure to observe reentry intervals, preharvest intervals, grazing restrictions, or worker protection requirements:(A) it is the responsibility of the person in control of the commodity or site treated to be knowledgeable of and comply with the requirements of this paragraph; and(B) if a commercial applicator furnishes the pesticide, it is the commercial applicator's responsibility to notify the person in control of the commodity or site treated of the requirements of this section that pertain to restricted-entry intervals, preharvest intervals, grazing restrictions, or worker protection requirements, prior to, or at the time of treatment; and(4) improper storage or disposal of the pesticide or its container.(b) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with any permit, emergency exemption or special local needs registration issued by the department or EPA.</content><note type="source"><p>Source Note: The provisions of this §7.71 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c7/scH"><num value="H">SUBCHAPTER H</num><heading>STRUCTURAL PEST CONTROL SERVICE</heading><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.114"><num value="7.114">§7.114</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Structural Pest Control Act, Chapter 1951, Texas Occupations Code, the following words, names, and terms shall have the below meanings for this subchapter, unless the context clearly indicates otherwise.(1) Adjacent--An area having a common wall, ceiling, or floor.(2) Apprentice registration--A registration by a commercial or noncommercial business entity of an individual who is training and/or performing structural pest control services for the business.(3) Area of common access--An area that an individual is likely to be present in or at on a regular basis, such as a building entranceway, mailboxes, laundry rooms, beverage machines, building bulletin boards, hallways, etc.(4) Calendar year--January 1 to December 31.(5) Category--A type of structural pest control that an individual licensee or business licensee is authorized to perform.(6) CEU--Continuing education unit.(7) Chairman--An individual elected by members of the Structural Pest Control Advisory Committee to preside over meetings.(8) Committee--The Structural Pest Control Advisory Committee. An eleven-member committee appointed by the Commissioner, whose responsibility is to gather information and advise the Commissioner and the department on the business of structural pest control.(9) Course provider--The person, company, or organization that compiles, organizes, writes and/or produces category specific training or continuing education courses.(10) Effective Date--Beginning date an employee (e.g. Apprentice) is registered to a business licensee.(11) Inactive license--A license for which certification requirements have been maintained, but technicians and certified applicators are prohibited from legally engaging in structural pest control services, advertising, or solicitation.(12) Infest--To exist in, on, around or invade a structure in a manner that may limit the use or enjoyment of, or cause harm or damage to: households, railroad cars, ships, docks, trucks, airplanes, or other structures, or its contents, or its inhabitants, including any humans or pets; and pests, unwanted plants, or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building, or street.(13) Integrated Pest Management (IPM)--A pest management strategy that relies on multiple pest control tactics, including the judicious use of pesticides, informed by accurate identification and scientific knowledge of pests, reliable monitoring methods to assess pest presence, preventative measures to avoid pest infestations, and thresholds to determine when corrective control measures are needed.(14) Other noncommercial entity--Any workplace with three (3) or more full-time employees.(15) Physically present--Face-to-face contact at a work location where supervisor and supervisee are physically in the same space. Face-to-face does not include video or audio calls using electronic devices.(16) Self-study course--A self-study, online or electronic course taken for the purpose of continuing education or training.(17) SPCA--Texas Structural Pest Control Act, Texas Occupations Code, Chapter 1951.(18) TPCL--Texas Pest Control License.(19) Vice-Chairman--An individual elected by members of the Structural Pest Control Advisory Committee to preside over meetings in the absence of the Chairman.(20) WDIR--Texas Official Wood Destroying Insect Report.(21) Wood Destroying Insect (WDI)--insects that consume wood for food or use wood to propagate offspring. Examples of wood destroying insects include termites, wood-boring beetles, and carpenter bees.(22) Workplace--Any non-residence structure with three (3) or more full-time paid employees that is treated by a licensed business or a certified noncommercial applicator.</content><note type="source"><p>Source Note: The provisions of this §7.114 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.115"><num value="7.115">§7.115</num><heading>Structural Pest Control Enforcement</heading><content>The department has established the following schedule of disciplinary sanctions for violations of this subchapter:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §7.115 adopted to be effective September 27, 2016, 41 TexReg 7478; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.121"><num value="7.121">§7.121</num><heading>Types and Requirements of Licenses</heading><content>(a) Business Licensee- Any person engaged in structural pest control for compensation must secure a business license in the business's operating name from the department for each business location, including branch offices. Each business licensee must designate a responsible certified commercial applicator for each business location who is not also serving as a responsible certified commercial applicator for any other business licensee or any other business location. The business license may reflect only those categories in which at least one (1) certified applicator is actively licensed. A business licensee may not operate at any time without a designated responsible certified commercial applicator and current general pest control liability insurance.(b) Responsible Certified Commercial Applicator- A certified commercial applicator who has been designated and notified by the business licensee to be responsible for training and supervision of all pest control operations of the business. The person may be employed by other business location(s) as a certified commercial applicator, but may only be the designated responsible certified commercial applicator for one (1) business license location.(c) Certified Commercial Applicator- A person licensed in at least one (1) category as a certified commercial applicator who can perform pest control services, identifications, and control measures without direct supervision but under general supervision of the responsible certified commercial applicator. A certified commercial applicator must hold a separate license for every business for which the certified commercial applicator is employed but is not required to hold a separate license for branch offices of an employer. A certified commercial applicator may only provide services in categories in which the certified commercial applicator is certified.(d) Certified Noncommercial Applicator- An employee of a governmental entity, apartment building, day care center, hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, and other noncommercial entity. A person licensed in at least one (1) category as a certified noncommercial applicator may perform pest control services, identifications, and control measures without direct supervision. A certified noncommercial applicator must be licensed for every business entity for which the certified noncommercial applicator is employed but is not required to hold a separate license for branch offices of an employer.(e) Responsible Certified Noncommercial Applicator- A certified noncommercial applicator who has been designated and notified by the noncommercial entity to be responsible for training, supervision, and records of all noncommercial apprentices and technicians of the noncommercial entity.(f) Technician- A person licensed in at least one (1) category who performs pest control services under the direct supervision of a certified commercial or noncommercial applicator. A technician must be licensed for every business or noncommercial entity for which the technician is employed, but is not required to hold a separate license for branch offices of the technician's employer. A technician may only provide services in categories in which the technician is certified.(g) Apprentice- A sales or service employee who is registered by a structural pest control business or noncommercial entity to complete the required training for a technician license and has not yet passed a technician exam. An apprentice may work only for the business or noncommercial entity for which the apprentice is registered.</content><note type="source"><p>Source Note: The provisions of this §7.121 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.122"><num value="7.122">§7.122</num><heading>Applications for Licensing, Registration, Certification, and Approval</heading><content>(a) The application for a business license, a certified applicator license, technician license, or for registration as an apprentice under this chapter must be complete and submitted on a form prescribed by the department. Failure to provide complete and accurate information may result in a change of effective date of employment as documented by the department.(b) A license application may be denied if a same or similar license issued to the applicant by this or another state or federal government has been revoked, suspended, probated or denied during the preceding five (5)-year period for any reason. For the purpose of this section, a license is similar if the license was issued for the practice of an occupation in which professional services are normally provided in-person.(c) Licensees and applicants residing outside of Texas must designate in writing a resident agent for service of process in actions taken in the administration and enforcement of the SPCA. Each resident agent must be a citizen of Texas and maintain a permanent address within the state.</content><note type="source"><p>Source Note: The provisions of this §7.122 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.123"><num value="7.123">§7.123</num><heading>Insurance Requirements</heading><content>(a) Each business license applicant and certified noncommercial applicator license applicant must submit a certificate of insurance with proof of coverage on the form provided by the department in an amount not less than $500,000 for bodily injury and property damage coverage, with a minimum total annual aggregate of $1,000,000 for all occurrences. The insurance policy must insure applicant for damage to persons and/or property occurring as a result of operations performed in the course of the business of structural pest control to premises or any other property under applicant's care, custody, or control. No new business license or certified noncommercial applicator license will be issued until insurance requirements are met. Policies must contain a cancellation provision for notification to the department not less than thirty (30) days prior to cancellation.(b) A licensee who operates as a wood treater who treats wood on commercial property owned by the licensee must submit a general liability insurance policy or certificate of coverage in an amount not less than $500,000 for bodily injury and property damage coverage, with a minimum total annual aggregate of $1,000,000 for all occurrences. No license will be issued until this insurance requirement is met. Policies must contain a cancellation provision for notification to the department not less than thirty (30) days prior to cancellation.(c) If payment of claims results in reducing the total aggregate of coverage below $1,000,000, the insurance carrier must notify the department and the licensee within ten (10) business days. The licensee must obtain additional coverage to meet the minimum requirements.(d) Inactive certified applicators and technicians that do not perform structural pest control work for compensation or as a part of the duties of their employment are exempt from insurance requirements.(e) Certified noncommercial applicators employed by governmental entities are exempt from insurance requirements.(f) Only those insurance policies issued by insurers authorized by or registered with the Texas Department of Insurance will be considered to meet the requirements of this section.(g) A structural pest control commercial business or noncommercial certified applicator must maintain general liability insurance with the required minimum coverage during the duration of the licensure period.</content><note type="source"><p>Source Note: The provisions of this §7.123 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.124"><num value="7.124">§7.124</num><heading>Structural License Categories</heading><content>Pest control licenses may be issued in one or more of the following categories.(1) Pest Control--The inspection or control of pests in and around structures or pest animals which may invade homes, restaurants, stores, and other buildings, attacking their contents or furnishings or being a general nuisance, but do not normally attack the building itself. Examples of such pests are cockroaches, silverfish, ants, fleas, ticks, flies, mosquitoes, rats, mice, skunks, raccoons, and opossums.(2) Termite and Wood Destroying Insect Control--The inspection or control of termites, beetles, or other wood destroying insects and wood preservation by means other than fumigation in buildings, including homes, warehouses, stores, docks, or any other structures. This category includes the treatment of termites in trees in and around structures.(3) Lawn and Ornamental--The inspection or control of pests or diseases of trees, shrubs, or other plantings in a park or in and around structures, business establishments, industrial parks, institutional buildings, or streets.(4) Weed Control--The inspection or control of weeds in right-of-ways, around homes, in a park or in and around structures, business establishments, industrial parks, institutional buildings, streets, and industrial environs.(5) Structural Fumigation--The inspection or control of pests through fumigation of structures not primarily intended to contain food, feed, or grains.(6) Commodity Fumigation--The inspection or control of pests through fumigation of processed commodities, raw agricultural commodities, or structures normally used to contain commodities. This category does not include the fumigation of agricultural equipment or any agricultural commodity located on the farm.(7) Wood Preservation--Pest control that involves the addition of preservatives to wood products to extend the life of the wood products by protecting them from damage caused by insects, fungi, and marine borers. Examples of wood products may include crossties, poles, and posts. This includes the re-treatment of power-line poles with wood preservative pesticide including fumigants.</content><note type="source"><p>Source Note: The provisions of this §7.124 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.125"><num value="7.125">§7.125</num><heading>Examinations</heading><content>(a) Examination required. Each individual not previously qualified by examination in the category or categories for which the license is requested must pass an appropriate examination. An application must be submitted to the department specifying the examination category desired and pay the fee for each exam requested prior to the scheduled examination session.(b) Examination categories. Examinations will be administered, maintained, and evaluated on a routine basis as determined by department examination policy in the following categories:(1) Pest control;(2) Termite and Wood Destroying Insect Control;(3) Lawn and Ornamental;(4) Weed Control;(5) Structural Fumigation;(6) Commodity Fumigation; and(7) Wood Preservation.(c) Military requests to expedite examinations. Military members, military veterans, and military spouses, as defined in Texas Occupations Code, Chapter 55, may request their application for examination to be expedited by noting on their application to the department. To qualify, all other licensing requirements must also be met.(d) Examinations standards and requirements.(1) A fee shall be charged for each examination.(2) All examination fees are to be paid as prescribed by the department.(3) Applicants must present photo identification issued by the Texas Department of Public Safety, or an equivalent from another state prior to taking an examination.(4) All examinations shall be maintained and administered by the department or its designee.(5) The examination will be administered in written or electronic form and in general, cover the subject of the categories designated on the application.(6) Examinations shall only be administered in English.(7) No written materials, scratch paper, or electronic devices, other than calculators, may be brought into the examination room or used during the examination.(8) Scratch paper will be provided, as necessary, and must be returned to the examination proctor at the end of each examination.(9) Applicants who do not take a scheduled examination shall not receive a refund of the examination fee.(10) Persons who make a minimum grade of 70% shall be issued a certified applicator license upon issuance of the grades.(11) Individual exam scores are valid for only 12 months.(e) Cheating is Prohibited.(1) Cheating consists of giving or receiving unauthorized assistance to answer examination questions; bringing unauthorized materials into the exam room or using unauthorized materials to answer examination questions; using answers from another examinee; copying questions or answers to examination questions to take from the examination room; removing an examination booklet, answer sheet, or scratch paper from the examination room; or any other action which may undermine the integrity of the examination process.(2) 'Unauthorized assistance' means any verbal, written, or electronic communication during the examination made for the purpose of receiving or providing answers to examination questions.(3) Upon a final determination that an examinee has cheated, any current license issued by the department is subject to suspension or revocation.</content><note type="source"><p>Source Note: The provisions of this §7.125 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective September 10, 2018, 43 TexReg 5773; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.126"><num value="7.126">§7.126</num><heading>Licensing Qualification Requirements</heading><content>(a) Certified commercial applicator. In addition to passing the appropriate category examination, in order to be eligible to obtain a certified commercial applicator license, each applicant must pass the general standards examination administered by the department. To be eligible to be licensed in any of the categories in §7.125(b) of this chapter (related to Examinations), the applicant must also meet one of the following requirements:(1) Have verifiable employment in the pest control industry under the supervision of a licensed certified applicator for at least twelve (12) months out of the past twenty-four (24) months and must have possessed a technician's license for at least six (6) months during that time period;(2) Furnish proof of previous verifiable employment experience in the pest control industry, including out-of-state experience in pest control, for at least twelve (12) months out of the past twenty-four (24) months. The proof of experience must be provided by the applicant in the form of a letter from the appropriate licensing entity stating the type of license held and how long the applicant has held the license;(3) Have a degree or certificate in an area of the biological sciences related to pest control from an accredited two (2) or four (4)-year college or university;(4) Have previously held a certified applicator license issued by the department that can be verified by the department; or(5) Qualify under the hardship clause outlined in §7.129 of this chapter (relating to Loss of Responsible Certified Applicator or Business License Holder).(b) Certified non-commercial applicator. In addition to passing the appropriate category examination and the general standards examination, in order to be eligible to obtain a certified noncommercial applicator's license, the applicant must meet one of the following requirements:(1) Have verifiable employment in the pest control industry under the supervision of a licensed certified applicator for at least twelve (12) months out of the past twenty-four (24) months and must have possessed a technician license for at least six (6) months during that time period;(2) Furnish proof of previous verifiable employment experience in the pest control industry, including out-of-state experience in pest control, for at least twelve (12) months out of the past twenty-four (24) months. The proof of experience must be provided by the applicant in the form of a letter from the appropriate licensing entity stating the type of license held and how long the applicant has held the license;(3) Have a degree or certificate in an area of the biological sciences, related to pest control, from an accredited two (2) or four (4)-year college or university;(4) Complete a department-approved minimum six (6) hour certified noncommercial/technician training course; or(5) Have previously held a certified applicator license issued by the department that can be verified by the department.(c) Commercial or noncommercial technician. In addition to passing the appropriate category examination, in order to be eligible to obtain a commercial or noncommercial technician license, the applicant must be registered with the department, complete all required apprentice training specified in §7.132 of this chapter (relating to Requirements for Apprentice Registration), and attend a technician training course at least one (1) time prior to taking the examination. The examination may be taken as many times as necessary in the twelve (12) month period the employee holds a current apprentice registration card.</content><note type="source"><p>Source Note: The provisions of this §7.126 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.127"><num value="7.127">§7.127</num><heading>License Expiration and Renewal</heading><content>(a) Each commercial business license expires on the last day of the month, twelve (12) months from the date issued.(b) Commercial technician and certified commercial applicator licenses registered with a commercial business, expire annually on the same date the commercial business license expires.(c) Commercial and noncommercial apprentice licenses expire on the last day of the month, twelve (12) months from the date issued.(d) Noncommercial technician and certified noncommercial applicator licenses registered with a noncommercial entity expire annually on the same date the noncommercial business license expires.(e) Inactive licenses, regardless of classification, expire annually on December 31.(f) Certified applicators and technicians who change employers may pay additional license fees to adjust the expiration date to that of the business or other entity under which they are operating.(g) Licenses must be renewed by submitting a renewal application to the department, paying the required fee, and meeting any additional requirements under §7.123 of this chapter (relating to Insurance Requirements) and subsection (k) of this section, prior to the license expiration date.(h) Military members, military veterans, and military spouses, as defined in Texas Occupations Code, Chapter 55, may request their application for renewal to be expedited by noting on their application to the department. To qualify, all other licensing requirements must also be met.(i) A renewal application submitted after the license expiration date is subject to late fees. A renewal application is not considered to be submitted unless it is complete and correct, submitted with the correct fees, and satisfies all additional requirements determined by the department. Applicants who apply for a renewal license more than 365 days after the license expiration date will be required to be re-examined to obtain a license.(j) Licenses issued by the department may not be transferred, borrowed, rented, leased, or loaned.(k) Whenever a licensee changes their mailing address, business location address, or telephone number, the licensee must notify the department in a written or electronic manner within ten (10) business days of the effective date of the change. A license may be reprinted upon request and shall be issued to the licensee only.(l) In determining whether additional testing or training must be required of a current licensee before renewal, the department may consider changes in regulations, technology, pesticide related issues, and the performance or competency of the individual licensee. If general re-training or re-testing is required for all applicators in a category or subcategory, the department will publish notice at least six (6) months in advance of the license renewal date. If individual re-training or re-testing is required as a result of the licensee's performance or inability to perform, the department shall give notification and set a time and place of re-training.(m) All certified applicators must meet their continuing education requirements in each category for which they hold a license during the prior calendar year, pursuant to §7.134 of this chapter (relating to Continuing Education Requirements for Certified Applicators). Failure to do so shall prevent the renewal of the license.(n) All technicians must meet their verifiable training requirements during the prior calendar year, pursuant to §7.133 of this chapter (relating to Technician License Requirements). Failure to do so shall prevent the renewal of the license.</content><note type="source"><p>Source Note: The provisions of this §7.127 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.128"><num value="7.128">§7.128</num><heading>Fees</heading><content>(a) Applicants and licensees will be charged the following fees:(1) $300 for a business license;(2) $125 for a certified applicators license;(3) $125 for a technician license;(4) $64 per exam in each category;(5) a renewal fee equal to one-and-a-half (1-1/2) times the normally required renewal fee for applications received ninety (90) days or less after expiration date; and(6) a renewal fee equal to two (2) times the normally required renewal fee for applications received greater than ninety (90) days but less than one year after expiration date.(b) No refunds will be provided for applications submitted to the department.</content><note type="source"><p>Source Note: The provisions of this §7.128 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.129"><num value="7.129">§7.129</num><heading>Loss of Responsible Certified Applicator or Business License Holder</heading><content>(a) In the event of disability, incapacity, or death of the owner of a licensed business, and upon application of an heir electing to continue the business or noncommercial operation, the Commissioner may allow the operation to continue for a period not to exceed six (6) months. The department must be notified in writing within twenty (20) business days of the disability, incapacity, or death of the business license holder.(b) Upon the disability, incapacity, death, or loss of a responsible certified commercial applicator or certified noncommercial applicator, the business license holder or the noncommercial operation may request that the Commissioner allow the operation to continue until the next examination date or a reasonable time period as determined by the Commissioner. The department must be notified in writing within twenty (20) business days of the date of the disability, incapacity, loss or death of the certified applicator.(c) Upon written request, the Commissioner may grant a hardship extension due to extenuating circumstances. The length of the extension is at the discretion of the Commissioner. All requests are subject to review and may require additional documentation.(d) In the event the Commissioner grants the request for a business or facility to operate for a period of time without the presence of a responsible certified commercial applicator or certified noncommercial applicator, the operation may only apply general use pesticides and may not add any other employees other than a certified applicator during the granted period or until a responsible certified commercial applicator or certified noncommercial applicator, as appropriate, is employed and designated.</content><note type="source"><p>Source Note: The provisions of this §7.129 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.130"><num value="7.130">§7.130</num><heading>Licensing of Persons with Criminal Backgrounds</heading><content>(a) The department performs criminal background checks on each applicant for examination or a license. Applications to examine for or receive a license, including a renewal, may be delayed as the result of evaluating any criminal activity revealed by this criminal background check.(b) No currently incarcerated person is eligible to obtain or renew a pest control license.(c) The department may revoke, suspend, annul, or amend an existing license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or a misdemeanor, if the crime directly relates to the performance of the occupation or activity for which the license is issued and the prior criminal conviction directly affects such person's present fitness to perform such occupation or activity.(d) In determining whether a criminal conviction directly relates to the performance of a licensed occupation or activity, the department shall consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.(e) In making a determination in a particular case, the crimes which the department considers as likely to be directly related to the performance of the licensed occupation or activity include, but are not limited to:(1) any felony or misdemeanor of which fraud, dishonesty, or deceit is an essential element;(2) any criminal violation of the SPCA;(3) any criminal violation of statutes regulating the particular occupation or activity for which licensing is sought;(4) any crime involving moral turpitude;(5) murder;(6) burglary;(7) robbery;(8) sexual assault;(9) theft;(10) sexual assault of a child;(11) possession of controlled substances;(12) assault;(13) larceny;(14) multiple convictions for the same crime; and(15) falsification of a government document.(f) In determining whether a criminal conviction directly affects a person's present fitness to hold a license under the SPCA, the department shall consider the following factors:(1) the extent and nature of the person's past criminal activity;(2) the age of the person at the time of the commission of the crime;(3) the amount of time that has elapsed since the person's last criminal activity, or release from a penal institution or court supervision;(4) the conduct and work activity of the person prior to and following the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and(6) other evidence of the person's present fitness, including letters or recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person, the sheriff and chief of police in the community where the person resides, and any other persons in contact with the convicted person.(g) It is the responsibility of the applicant to the extent possible to secure and provide to the department the recommendations of the prosecution, law enforcement, and correctional authorities. The applicant must also furnish proof in such form as may be required by the department that the applicant has maintained a record of steady employment, supported dependents, maintained a record of good conduct, and paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which convicted.</content><note type="source"><p>Source Note: The provisions of this §7.130 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.131"><num value="7.131">§7.131</num><heading>Certified Noncommercial Applicator Restrictions</heading><content>(a) A certified noncommercial applicator may not perform commercial pest control services or perform any structural pest control services for a person other than the employer for whom the applicator is certified. A certified noncommercial applicator must not be associated with a licensed structural pest control business unless the applicator is also a certified commercial applicator or technician.(b) Certified noncommercial applicators that have been licensed for a minimum of two (2) years may become certified commercial applicators by requesting an additional license or change of license and paying the required license fee.(c) Certified commercial applicators may become certified noncommercial applicators by requesting an additional license or change of license and paying the required license fee.</content><note type="source"><p>Source Note: The provisions of this §7.131 adopted to be effective January 9, 2018, 43 TexReg 42.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.132"><num value="7.132">§7.132</num><heading>Requirements for Apprentice Registration</heading><content>(a) An apprentice is a beginning employee, whose training program is the responsibility of the responsible certified commercial applicator or certified noncommercial applicator and who may be trained by and work under the direct supervision of licensed certified applicators and technicians.(b) An apprentice must be at least 16 years of age.(c) An apprentice must be able to demonstrate proficiency in reading EPA approved pesticide labels and warnings.(d) An apprentice registration application for technician license must be submitted within ten (10) days of beginning employment and training. Any training completed prior to the date of hire will not count towards required training needed to test and work without physically present supervision.(e) The application must be submitted on the form prescribed by the department.(f) A fee shall be charged for each application.(g) An apprentice card will be issued by the department and valid until the end of the month one (1) year from the month the date employment began when all of the above requirements are met and processed. Failure to provide complete and accurate information may result in a change of the effective date of employment.(h) Apprentices must not perform any pest control work without the physical presence of a licensed technician or a certified applicator. Upon completion of and documentation of the required study and on-the-job training and demonstrating competency in each area, the apprentice may work alone so long as a certified applicator is physically present for personal instruction three (3) days a week and the apprentice carries their registration card at all times.(i) The studies and job training required for an apprentice are as follows:(1) complete at least two (2) hours of classroom training in each of the following general standards training subjects:(A) federal and state laws regulating structural pest control and pesticide application;(B) recognition of pests and pest damage;(C) pesticide labels and label comprehension;(D) pesticide safety;(E) environmental protection;(F) application equipment and techniques;(G) pesticide formulations and actions;(H) emergency procedures, pesticide cleanup, and procedures for immediate reporting of spills and misapplication;(I) basic principles of mathematics, chemistry, toxicology, and entomology; and(J) non-chemical pest control techniques, including biological, mechanical and integrated pest management techniques.(2) Complete forty (40) hours of verifiable on-the-job training and eight (8) hours of classroom training in each license category in which the apprentice is to provide pest control services. The responsible certified commercial applicator or certified noncommercial applicator must certify in the training records of each apprentice that the apprentice has completed the required training and has demonstrated competency in each category in which the apprentice is to provide service.(3) The twenty (20) classroom hours of general standards training, forty (40) hours of verifiable on-the-job training, and eight (8) hours of classroom training in each license category must be completed and documented on the verifiable training record prior to the apprentice taking the category exam and a license being issued.(4) A student currently enrolled in or who has attended or graduated within the past twelve (12) months from an accredited school or university studying relevant materials may be credited with those courses toward classroom training hours for apprenticeship, if those hours have been provided by the school or university and documentation is provided which shows the student passed the class(es) submitted.(5) An apprentice may maintain an apprentice card for a maximum of twelve (12) months. If an apprentice has not met the requirements to become a licensed technician in the twelve (12) month period, the apprentice must be re-registered as an apprentice and must repeat all training requirements for an apprentice. Previous training credit from previous apprentice registrations may not be applied to this requirement.(j) A responsible certified commercial applicator or certified noncommercial applicator must maintain the verifiable training records and certification for each apprentice in the business files for two (2) calendar years after the calendar year in which the training or certification was completed. The verifiable training records form shall be prescribed by the department and must include, but is not limited to, the following:(1) date training received;(2) number of hours of training;(3) subject of training;(4) printed name, signature, and license number of trainer;(5) designation of on-the-job training or classroom training;(6) competency evaluation by the responsible certified applicator;(7) printed name, signature, and license number of the trainer if the training was provided by a registered licensee of the business; or if a training event is completed outside of the business by a third-party trainer, proof of completion of the training must be maintained with the verifiable training records and referenced therein; and(8) printed name, signature, and license number of the responsible certified applicator.(k) When an apprentice changes employers due to a business acquisition or sale, or a change in the current employer's tax identification number, the employer who maintains the verifiable training records must make the verifiable training records available to the apprentice or the new employer within twenty (20) days of written request.(l) It is a violation of this section for a business licensee or certified noncommercial applicator to allow an apprentice to perform work in a category in which the apprentice has not been properly trained. A certified applicator registered with the business must be physically present to give verbal instructions to an apprentice at least three (3) days a week and available during operating hours for questions and instructions as needed.(m) An apprentice becomes a licensed technician by:(1) completing a minimum six (6) hour technician training course approved by the department in general training at least one (1) time prior to taking the examination;(2) completing all training listed under subsection (i) of this section; and(3) making a minimum passing grade of at least 70% on the technician examination.(A) The examination may be taken as many times as necessary in the twelve (12) month period the employee holds an apprentice registration card.(B) There shall be a fee charged per examination.(C) The Technician Training Manual may be obtained from the Texas A&M AgriLife Extension Service.(D) An individual must pass each category examination in which the apprentice applies to become licensed. Re-examination is not necessary if the license is renewed annually.(E) Persons making a passing grade and who qualify for a technician license will be issued a license upon issuance of the grades.(n) All testing procedures shall be governed by §7.125 of this chapter (relating to Examinations).</content><note type="source"><p>Source Note: The provisions of this §7.132 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.133"><num value="7.133">§7.133</num><heading>Technician License Requirements</heading><content>(a) A technician is a person who has qualified for and been issued a technician's license pursuant to the provisions of §7.132 of this chapter (relating to Requirements for Apprentice Registration) and whose training and supervision is the responsibility of the responsible certified applicator, and who works under the direct supervision of licensed certified applicators.(b) A certified applicator registered with the business must be physically present to give verbal instructions to a technician at least one (1) day a week and available during operating hours for questions and instructions as needed.(c) To add a category to a technician's license, a technician must complete eight (8) hours of classroom hours training and forty (40) hours of on-the-job training prior to taking that category's exam. The training must be recorded on the verifiable training record form prescribed by the department.(d) The department shall require as a condition of the renewal of each commercial or noncommercial technician's license that the responsible certified applicator must certify on the verifiable training records form that the technician has completed eight (8) hours of verifiable training in the calendar year preceding the calendar year in which the renewal is to take place. No additional training will be required in the first calendar year in which a technician is first licensed. Changing employers or moving to an inactive status does not eliminate, defer or extend the verifiable training requirement.(1) The eight (8) hours of verifiable training must be selected from the following general standard subject areas:(A) Federal and state laws regulating structural pest control and pesticide application;(B) Recognition of pest and pest damage;(C) Pesticide labels and label comprehension;(D) Pesticide safety;(E) Environmental protection;(F) Application equipment and techniques;(G) Pesticide formulations and actions;(H) Emergency procedures and pesticide cleanup, and procedures for the immediate reporting of spills and misapplications;(I) Basic principles of mathematics, chemistry, toxicology, and entomology; or(J) Non-chemical pest control techniques including biological, mechanical, and integrated pest management techniques.(2) Two (2) hours of the eight (8) hours of training may be on-the-job training or hands-on-training verified by the responsible certified applicator.(3) Self-study training may be used if the responsible certified applicator certifies that the training is the appropriate training. Inactive technicians may only use self-study training every other year to satisfy their annual training requirement.(4) A technician will receive one (1) hour of credit for each department-approved CEU course completed.(5) No courses may be repeated for credit within the same re-certification year.(e) All verifiable training records and certification for each technician must be maintained in the business files for two (2) calendar years after the calendar year in which the training or certification was completed.(f) The verifiable training records forms must be made available to the licensee within twenty (20) days of written request to a current or former employer.(g) The business licensee, responsible certified commercial applicator, or certified noncommercial applicator shall be responsible for the proper certification and maintenance of employee training records in accordance with this subchapter.(h) Technicians unable to certify their required training at renewal or during inspection will have twenty (20) days to submit the verifiable training records for training previously obtained prior to the initiation of enforcement proceedings.(i) Upon written request, the Commissioner may grant a hardship extension for completion of training requirements due to extenuating circumstances. The length of the extension is at the discretion of the Commissioner. All requests are subject to review and may require additional documentation.</content><note type="source"><p>Source Note: The provisions of this §7.133 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.134"><num value="7.134">§7.134</num><heading>Continuing Education Requirements for Certified Applicators</heading><content>(a) Except as provided in subsections (f) and (j) of this section, as a requirement of annual license renewal, each certified applicator must certify that they have completed department-approved CEUs that cover the applicator's category(ies) of certification for the preceding calendar year. This certification must be completed each calendar year for renewal of the certified applicator's license. Certified applicators who do not meet the re-certification requirements shall not be eligible to renew their licenses and will be subject to enforcement action. Licensees must obtain the appropriate number of CEUs in each calendar year as specified in this section. Changing employers or moving to an inactive status does not eliminate, defer or extend the CEU requirement.(b) Each certified applicator is required to obtain two (2) CEUs in general training and one (1) unit in each category in which the applicator is certified. General training is defined to include the topics in §1951.351(c) of the SPCA. At least one (1) of the two (2) general training units required for recertification, must be in either federal and state laws, pesticide safety, environmental protection, or integrated pest management. The other may be in any general topic.(c) No approved course may be repeated for credit within the same calendar year.(d) No certified applicator who is also a presenter can satisfy their CEU requirements through a course the certified applicator presents.(e) CEUs may only be obtained through an approved self-study course every other year. Self-study courses will not be accepted two (2) years in a row and will result in deficiency upon review.(f) Applicators will not be required to obtain CEUs during the first calendar year in which their license is issued. Applicators that become certified in additional categories during any calendar year will not be required to obtain units in those categories for that period.(g) Each certified applicator must keep a certificate of completion for each course attended for a period of two (2) calendar years after the calendar year in which it was obtained, and submit such records to the department upon request. These records are subject to inspection by the department at any time. Continuing education certificates must be made available to the licensee within twenty (20) days of the written request to a training provider. A copy of a current or former employee's continuing education certificates shall be made available to a licensee within twenty (20) days upon written request to the employer.(h) The business licensee, responsible certified commercial applicator, and certified noncommercial applicator shall be responsible for the proper certification and maintenance of employee continuing education records in accordance with this subchapter.(i) Certified applicators who are unable to certify their required continuing education requirements at renewal or during inspection will have twenty (20) days to submit the verifiable training records for training previously obtained prior to the initiation of enforcement proceedings. Certified applicators who do not meet the recertification requirements may have their licenses suspended in all deficient categories.(j) Upon written request, the Commissioner may grant a hardship extension for completion of training requirements due to extenuating circumstances. The length of the extension is at the discretion of the Commissioner. All requests are subject to review and may require additional documentation.</content><note type="source"><p>Source Note: The provisions of this §7.134 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.135"><num value="7.135">§7.135</num><heading>Criteria and Evaluation of Continuing Education Training</heading><content>(a) The department shall evaluate continuing education programs and assign the number of qualified category units. No more than one (1) unit will be assigned for any fifty (50) minutes of actual instruction time. Each course must be approved annually by the department. A course's content may be approved for a maximum of two (2) years. After two years, any previously approved course content must be updated to reflect changes in current laws, data and/or scientific research in order to requalify for approval for continuing education credit. The department will consider the learning objectives, technical information given, the accuracy of the information, the relevance of the information to structural pest control, the qualifications of the instructor as determined by the provider, and the amount of actual training or self-study time devoted to each program in the process of evaluation. Each continuing education program, including self-study courses submitted for approval, must contain the following:(1) a copy of handout materials, if any, which will be available to participants;(2) inclusive length of time of the course stated in hours and minutes;(3) date, time, physical address, and city of presentation; or if unknown, agreement to provide two (2) weeks' notice of each date of presentation;(4) the number of CEUs to be awarded;(5) the category(ies) of CEU eligibility;(6) a detailed course outline which will indicate the scope of the course and learning objectives;(7) videotapes, slides, compact discs, DVDs, download links, or other media presentations, if applicable;(8) examination for electronic, online, or self-study courses, if applicable;(9) the course provider's name, physical address, telephone number, e-mail (if available), and company, organization, or institution of higher learning affiliation; and(10) additional information, as requested.(b) Parts of courses which focus on promotion of products and/or policies or procedures of a company will not be considered as part of approved instruction time.(c) Courses provided via webinar with a speaker presenting live and able to answer questions from attendees will be consider an in-person course. Applicants must mark their CEU applications to indicate the course will be given via webinar. Applicants must provide a link to join the webinar along with the course number to the department at least 72 hours prior to the webinar.(d) A self-study course is limited to one (1) CEU in the general training or a specific category. A course may be approved as a self-study if it meets the following additional criteria:(1) the course taker must take an examination designed to verify the course taker's knowledge of the material provided in the course. The course provider must grade the examination and keep records for a minimum of two (2) calendar years after the calendar year in which the course was given; and(2) the course taker's grade on the examination must be at least 70% correct to obtain credit for the course.(e) The minimum requirements to qualify as a speaker, course presenter, self-study course provider (collectively referred to as 'speaker') are:(1) a degree from a recognized institution of higher learning which pertains to the course being taught;(2) five (5) years' experience as an applicator certified by the department with a current license in the category to be taught;(3) verifiable proof of training and teaching experience within the preceding three (3) years; or(4) a combination of education, work related training, and teaching experience which would be equivalent to two (2) of the three (3) speaker qualification requirements, as determined by the department.(f) Any person seeking approval of a continuing education course must submit the required information at least thirty (30) days prior to the first day of presentation or first offering of a self-study course. Any changes to approved courses must be submitted to the department thirty (30) days prior to the date of presentation. The department may waive this requirement due to extenuating circumstances.(g) The department shall evaluate and recommend credits within thirty (30) days from the date received.(h) At its discretion, the department may re-evaluate its approval of a course or speaker under the provisions this section.(i) A certified applicator may request CEU credit by submitting the information required in subsections (a)(2), (a)(4) - (6), and (a)(9) of this section, and verification of attendance for any course attended by the certified applicator which was not previously approved by the department. The department will evaluate the request and notify the certified applicator of any CEUs awarded.(j) The course provider is responsible for establishing procedures for:(1) verification of completion, including accurately recording participant attendance throughout the stated class length;(2) awarding course completion certificates;(3) testing to verify a participant's comprehension of the subject matter presented;(4) the qualifications, competence, and performance of the authors, speakers, presenters, or instructors who produce or present its courses; and(5) preparation and administration of a self-study course examination.(k) If the course provided is required to make an unexpected change to an approved CEU course to include but not limited to the approved speaker, location, time, or date of course, the course provider must notify the department by email within 24 hours of the change.(l) If an approved CEU course needs to be cancelled for any reason, the course provider must notify the department by email within seven (7) days of cancellation.(m) The course provider must issue a certificate of completion within twenty-one (21) days of the course to each applicator completing the course. This document must include at a minimum the following information:(1) participant's name and license number;(2) name of course provider or sponsoring agency, company or organization;(3) course number;(4) number of CEUs awarded;(5) CEU category; and(6) date and location of training or date of completion for self-study course.(n) The course provider must maintain course completion records for two (2) calendar years after the calendar year in which the course(s) were given and a list of participants must be forwarded to the department within twenty-one (21) days of completion of the training course on the electronic form prescribed by the department. The list must include the name of the course provider, course title and course number, number of CEUs awarded, speaker name, name and license number of participants.(o) For purposes of this section, a continuing education course is defined as specific instruction in a category presented by any one (1) course provider, company, or organization.(p) The department may monitor course providers, speakers, or course presentations, and is exempt from any fee charged for attending a CEU if department employees are monitoring the program as a part of the duties of their employment.(q) Course providers who falsify information on course certificates provided to participants are subject to penalties, including and up to denial of department approval for future courses.</content><note type="source"><p>Source Note: The provisions of this §7.135 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.136"><num value="7.136">§7.136</num><heading>Criteria and Evaluation of Technician/Noncommercial Certified Applicator Training</heading><content>(a) The department must evaluate and approve Technician/Noncommercial Certified Applicator Training course programs. The course must be a minimum of six (6) hours and separate from other required apprentice or continuing education training. Each Technician/Noncommercial Certified Applicator Training Course submitted for approval must contain the following:(1) a copy of handout materials, if any, which will be distributed to participants during the course;(2) inclusive length of time of the course stated in hours and minutes;(3) date, time, and physical address of presentation; or if unknown, agreement to provide two (2) weeks' notice of each date of presentation;(4) a detailed course outline indicating the scope of the course and learning objectives (the course outline should follow the topics covered in the most recent Texas Pesticide Applicator General manual developed by Texas A&M AgriLife Extension);(5) the course provider's name, physical address, telephone number, email (if available), and company, organization or institution of higher learning affiliation; and(6) additional information as requested.(b) Parts of courses which focus on promotion of products, policies, or procedures of a company, will not be considered as part of approved instruction time.(c) Any person seeking approval of Technician/Noncommercial Certified Applicator Training course must submit the required information at least thirty (30) days prior to the first day of presentation. The department may waive this requirement due to extenuating circumstances.(d) The department shall evaluate and recommend approval or denial within thirty (30) days from the date received.(e) The course provider is responsible for establishing procedures for:(1) verification of completion, including accurately recording participant attendance throughout the stated class length;(2) awarding course completion certificates;(3) testing to verify a participant's comprehension of the subject matter presented;(4) the qualifications, competence, and performance of the authors, speakers, presenters, or instructors who produce or present its courses, and(5) preparation and administration of a self-study course examination.(f) The minimum requirements to qualify as a speaker, course presenter, self-study course provider are:(1) a degree from a recognized institution of higher learning which pertains to the course being taught;(2) five (5) years' experience as an applicator certified by the department with a current license in the category to be taught;(3) verifiable proof of training and teaching experience within the preceding three (3) years; or(4) a combination of education, work related training, and teaching experience which would be equivalent to two (2) of the three (3) speaker qualification requirements, as determined by the department.(g) If the course provider is required to make an unexpected change to an approved Technician/Noncommercial Certified Applicator Training course to include but not limited to the approved speaker, location, time, or date of course, the course provider must notify the department via email within 24 hours.(h) If an approved Technician/Noncommercial Certified Applicator Training course needs to be cancelled for any reason, the course provider must notify the department by email within seven (7) days of cancellation.(i) The Technician/Noncommercial Certified Applicator Training course provider must issue a certificate within twenty-one (21) days of the course to each participant completing the course. This document must include at least the following information:(1) participant's name;(2) apprentice registration number, if applicable, or driver's license number or state issued ID number;(3) name of course provider, company, or organization;(4) course title (Technician Training Course/Noncommercial Certified Applicator Training Course) and number; and(5) date and location of training.(j) The course provider must maintain course completion records for two (2) calendar years after the calendar year in which the course was given and a list of participants must be forwarded to the department within twenty-one (21) days of completion of the training course. The list must include the name of the course provider, the course title, course number, name of participant, and apprentice registration number, if applicable.(k) The course will be approved for a maximum of two (2) years.(l) The department may re-evaluate or cancel a currently approved training course during the calendar year for failure to comply with the elements of the requirements of this section.(m) Course providers who falsify information on course certificates provided to participants are subject to penalties, including and up to denial of department approval for future courses.</content><note type="source"><p>Source Note: The provisions of this §7.136 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.141"><num value="7.141">§7.141</num><heading>Identification of Licensees and Apprentices</heading><content>(a) Each individual licensee and apprentice shall carry his or her license or registration card at all times when performing structural pest control activities.(b) Upon request, each individual licensee and apprentice shall present his or her license or registration card to:(1) a customer;(2) an employee of the department;(3) an employee of the Department of State Health Services;(4) an employee of the U.S. Environmental Protection Agency; or(5) a state or federal law enforcement officer.(c) Upon request, each individual licensee and apprentice shall present a state driver's license, state identification card, or other government issued photo identification to a customer to verify the licensee's or apprentice's identity.(d) Upon request, a business licensee shall present or provide access to its business license at its place of business to:(1) a customer;(2) an employee of the department;(3) an employee of the Department of State Health Services;(4) an employee of the U.S. Environmental Protection Agency; or(5) a state or federal law enforcement officer.(e) Each business and individual licensee and apprentice shall maintain the license or registration card so that all information on the license or card is legible and shall apply with the department for a replacement license or card within ten (10) calendar days of any information on the license or card becoming illegible.(f) A business or individual licensee or apprentice shall not add to, alter, deface, or otherwise modify any information placed on any license or registration card by the department.(g) A business licensee shall prominently display its business license number on all vehicles used by the business licensee for customer contact or service. For purposes of this section, prominently displayed means:(1) permanently affixed (use of magnetic devices to adhere license numbers shall not meet the requirements of this section);(2) preceded by "Texas Pest Control License #" or "TPCL #;"(3) on either both front fenders or both front door panels;(4) in letters and numbers no less than two (2) inches in height and one (1) inch in width; and(5) in a color that contrasts with the background color of the vehicle.(h) A vehicle shall display the business license number of each business for which the vehicle is used.</content><note type="source"><p>Source Note: The provisions of this §7.141 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.142"><num value="7.142">§7.142</num><heading>Notice of Employment or Termination</heading><content>(a) It shall be the duty of the business licensee or certified noncommercial applicator to inform the Department in writing of its employment and/or termination of all licensees and apprentices.(b) Notice of employment of all licensees and apprentice registrations must be received by the department within ten (10) days of the date of employment and must include the full name and license number of the employee, if applicable, the date of employment, the facility location where the employee training records will be maintained, and other information as may be required.(c) Notice of termination must include the former employee's name, license number, date of termination, and the employer's name and license number. Notice of termination must be received by the department within ten (10) days of the date of termination.</content><note type="source"><p>Source Note: The provisions of this §7.142 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.143"><num value="7.143">§7.143</num><heading>Employee Supervision</heading><content>(a) The responsible certified applicator is responsible for the supervision and training of all licensed or registered personnel and the handling, storage and use of pesticides and devices by all employees of a pest control business.(b) In order to provide adequate supervision, the responsible certified applicator or designated certified applicator must be physically present to give verbal instructions to an apprentice at least three (3) days a week and to a technician at least one (1) day a week. The responsible certified applicator employed by the business must also be available during business operating hours for questions and instructions, as needed.(c) Apprentices shall not perform pest control services without physical supervision until they have completed all classroom training and on-the-job training and have demonstrated proficiency, and verification has been entered in their training records by a licensed certified applicator.(d) The business license holder and the responsible certified commercial applicator or certified noncommercial applicator shall be responsible for actions of employees when they are performing pest control operations.</content><note type="source"><p>Source Note: The provisions of this §7.143 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.144"><num value="7.144">§7.144</num><heading>Pest Control Use Records</heading><content>(a) The responsible certified applicator or certified noncommercial applicator shall ensure that correct and accurate records of all uses of pesticides and pest control devices registered with the Environmental Protection Agency (EPA) and the department, including those pesticides that have been exempted from registration by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 25b, are maintained for a period of two (2) years. Pest records must be kept on the premises of the business facility location or, in the case of a certified noncommercial applicator, the employer's premises. The records must include, but are not limited to:(1) the billing name and address of the customer, or the employer for whom a noncommercial applicator is working;(2) service address where the pesticides and/or devices were used, except that for utility pole re-treatments, records shall be kept for the location of each pole treated;(3) names of pesticides and EPA registration numbers, if they are registered or pest control devices used;(4) total amounts of each pesticide applied where the percentage of active ingredient was not changed (ready to use pesticides);(5) pest control devices used and total number of each device;(6) the mixing rate and total amount of material applied or the percentage of active ingredient(s) and total amount of material applied for manufacturer's formulations that are mixed with water or other material, if applicable;(7) the target pest or purpose for which the pesticides or devices were used;(8) date the pesticides or pest control devices were used; and(9) the name, and license number of the person(s) receiving training, supervising, and applying pesticides or using pest control devices and the TPCL number (and letter if applicable) of the commercial business for which they are performing structural pest control services.(b) For termite treatments, records must include:(1) the appropriate unit of measurement of the area treated per application site, i.e. square feet (excluding bait applications);(2) if a physical barrier is used, the appropriate unit of measurement (square foot or linear foot) of the physical barrier must be recorded and a diagram describing the installation will be provided; and(3) for commercial preconstruction treatments other than baits, baiting systems, wood applied termiticide products, or physical barriers, the number of application tanks which were in use for the treatment, the capacity, in gallons, of each application tank, and the start and stop time for the treatment.(c) These records shall be made available to the department upon written or verbal request.</content><note type="source"><p>Source Note: The provisions of this §7.144 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.145"><num value="7.145">§7.145</num><heading>Contracts and Invoices</heading><content>(a) Each written contract, warranty, service agreement, termite disclosure document, or guarantee of a business regulated by the department must contain on the face of the document the business name, business license number (and letter if applicable), physical address or mailing address, telephone number, and the jurisdiction statement: "Licensed and regulated by: Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481, Fax (888) 232-2567."(b) The business name, business license number (and letter if applicable), telephone number, and physical address or mailing address must be on the face of any invoice.(c) The requirements in subsections (a) and (b) of this section must be legible and print shall be in at least 8-point type.</content><note type="source"><p>Source Note: The provisions of this §7.145 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.146"><num value="7.146">§7.146</num><heading>Pest Control Sign</heading><content>(a) A pest control sign must be provided by the licensee to a residential rental property owner or manager at least 48 hours prior to a planned indoor treatment at a residential rental property with five (5) or more rental units.(b) A pest control sign must be provided by the licensee to the employer or building manager at least 48 hours prior to a planned indoor treatment at a workplace.(c) A pest control sign must be provided by the licensee to the chief administrator, IPM Coordinator, or building manager at least 48 hours prior to a planned indoor treatment at a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, or day care center.(d) A person may not be considered in violation of this section if the space to be treated is vacant, unused, and unoccupied, or if extenuating circumstances require an emergency treatment.(e) Each pest control sign must be at least 8 1/2 inches by 11 inches in size and contain the required information with the first line in a minimum of 24-point type (one-fourth inch) and all remaining lines in a minimum of 12-point type (one-eighth inch). The addition of advertising and logos to the sign is permissible to the extent that such advertising does not interfere with the purpose of public notification of a pest control treatment. A standard sign in Spanish is available from the department upon request. The sign shall appear in a format approved by the department. The text and format of the sign is available on the Structural Pest Control Service website at: http://www.TexasAgriculture.gov/spcs, or by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847, (866) 918-4481.(f) In the space marked "For more information call or contact," the telephone number to obtain information on the pesticide(s) used must be listed, such as the contact number for the apartment manager, building manager, IPM Coordinator, or pest control operator.(g) In the space marked "phone number of hotline for pesticide information," the following wording must be used: National Pesticide Information Center 1-800-858-7378.(h) If a workplace has its own pesticide information center, the workplace center telephone number may be listed rather than the information in subsection (g) of this section.</content><note type="source"><p>Source Note: The provisions of this §7.146 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.147"><num value="7.147">§7.147</num><heading>Consumer Information Sheet</heading><content>(a) For an indoor treatment at a private residence that is not a rental property, the certified applicator or technician must make the consumer information sheet available to the owner of the residence.(b) For an indoor treatment at a residential rental property with less than five (5) rental units, the certified applicator or technician must make the consumer information sheet available to each resident, upon request, at the time of each treatment.(c) For an indoor treatment at a residential rental property with five (5) or more rental units, the certified applicator or technician must make the consumer information sheet available to the owner or manager of the complex. The certified applicator or technician must also supply the owner or manager with a pest control sign. The owner or manager or an employee or agent of the owner or manager, other than the certified applicator or technician, must notify residents who live in direct or adjacent areas of the treatment by:(1) posting the sign in an area of common access to residents at least 48 hours before each planned treatment; or(2) distributing application information consistent with §7.146 of this chapter (relating to Pest Control Sign), at least 48 hours before each planned treatment by leaving the sign on the front door of each unit or in a conspicuous place inside each unit.(d) For an indoor treatment at a workplace, the certified applicator or technician must make the consumer information sheet available and supply a pest control sign to the employer or the building manager. The employer or the building manager or an employee or agent of the owner or manager, other than the certified applicator or technician, must notify individuals at the workplace of the date of the planned treatment by:(1) posting the sign in an area of common access that the employees are most likely to see at least 48 hours before each planned treatment; and(2) making available the consumer information sheet to any individual working in the building on request of the individual if the request is made during normal business hours.(e) For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, or a day care center, the certified applicator or technician must make available the consumer information sheet and a pest control sign to the chief administrator, IPM Coordinator, or building manager. The chief administrator, IPM Coordinator, or building manager must notify the individuals who work or reside in the building of the treatment by:(1) posting the sign in an area of common access that the individuals are likely to check at least 48 hours before each planned treatment; and(2) making available the consumer information sheet to any individual working or residing in the building on request of the individual.(f) The department's consumer information sheet must be used. Copies of the consumer information sheet are available from the department in English and Spanish on the Structural Pest Control Service website at: http://www.TexasAgriculture.gov/spcs/, or by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847, (866) 918-4481. The department's consumer information sheet may be copied and used in accordance with this section.(g) The pre-notification requirements of §§7.146-7.148 of this chapter (relating to Pest Control Sign, Consumer Information Sheet, and Responsibilities of Unlicensed Persons for Posting and Notification) are waived if the customer and certified applicator sign a statement attesting to the fact that an emergency exists which requires immediate treatment. If such an emergency exists, the consumer information sheet must be made available by the licensee. The statement must be kept on file with the pest control use records. If the customer is not available to sign a statement at the time of treatment, that shall be recorded in the use records along with the customer's name and telephone number. An emergency is defined as an imminent hazard to health. An emergency treatment is limited to the localized area of the emergency.</content><note type="source"><p>Source Note: The provisions of this §7.147 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.148"><num value="7.148">§7.148</num><heading>Responsibilities of Unlicensed Persons for Posting and Notification</heading><content>(a) Owners or managers of residential rental properties with five (5) or more units must:(1) post a pest control sign at least 48 hours before the planned indoor treatment in an area of common access to residents; or(2) distribute the application information consistent with §7.146(e) of this chapter (relating to Pest Control Sign) to each unit planned to be treated and each unit adjacent to those planned to be treated or in an adjacent or area of common access at least 48 hours before the planned time of treatment; and(3) make the consumer information sheet available upon request.(b) Employers, building managers, IPM Coordinators, and chief administrators of workplaces, hospitals, nursing homes, hotels, motels, lodges, warehouses, food-processing establishments, school or educational institutions, and day care centers must post a pest control sign in an area of common access at least 48 hours prior to each planned indoor treatment and make a consumer information sheet available to any individual working or residing in the building upon the request of that individual.(c) Chief administrators or the IPM Coordinators of schools or educational institutions and day care centers must notify the parents or guardians of children attending the facility in writing that pesticides are periodically applied indoors and outdoors, and that information on the times and types of applications and prior notification is available upon request. Such notification must be made at the time of the students' registration. Telephonic, written, or electronic notification of planned applications will meet the notification requirements.(d) The 48 hour pre-notification requirements of subsections (a) and (b) of this section may be waived if an emergency exists and the customer and certified applicator sign a statement attesting to the fact that an emergency exists that requires immediate treatment. The statement must be kept on file with the pest control use records at the business licensee's location. Certified noncommercial applicators may attest to an emergency by signing a statement attesting to the emergency and must keep the statement on file with the pest control use records. An emergency is defined as an imminent hazard to health and emergency treatment is limited to the localized area of the emergency.(e) A person may not be considered in violation of this section if a pest control sign is removed by an unauthorized person or if the space to be treated is vacant, unused, and unoccupied at the time of treatment.</content><note type="source"><p>Source Note: The provisions of this §7.148 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.149"><num value="7.149">§7.149</num><heading>Inspections</heading><content>Each licensed pest control business shall be inspected at least once in the business's first year of receiving a license and at least every four (4) years thereafter. School districts will be inspected at least once every five (5) years. The department may waive these requirements due to department staff availability, budgetary constraints, inspection trends, or operational efficiencies. Businesses and school districts demonstrating a lack of compliance with department rules may be inspected more frequently than every four (4) years for businesses and every five (5) years for school districts based on risk using the following elements of consideration:(1) prior violations;(2) prior inspection results; and(3) prior complaints</content><note type="source"><p>Source Note: The provisions of this §7.149 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.150"><num value="7.150">§7.150</num><heading>General Standards for Use of Pesticides</heading><content>(a) Use of a pesticide shall be made consistent with the pesticide's labeling. Use inconsistent with the label includes, but is not limited to:(1) applications at sites, rates, concentrations, intervals, or under conditions not specified in the labeled directions;(2) tank mixing of pesticides, or using application techniques, or equipment prohibited by the label; or(3) failure to observe reentry intervals.(b) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with any permit or emergency exemption issued by the department or the Environmental Protection Agency.(c) A pesticide shall not be used if the complete label is not available and the pesticide's identity is unknown. The words "Unknown Pesticide - Hazardous Material" shall be written on the container. The pesticide shall be stored and disposed of in accordance with all state and federal laws.</content><note type="source"><p>Source Note: The provisions of this §7.150 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.151"><num value="7.151">§7.151</num><heading>General Standards for Storage and Disposal of Pesticides</heading><content>(a) Storage and disposal of a pesticide and/or its container shall be made consistent with the pesticide's labeling.(b) No person may dispose of, discard, or store any pesticide or pesticide container in a manner that may cause or result in injury to humans, vegetation, crops, livestock, wildlife, pollinating insects, or pollution of any water supply or waterway.(c) The applicator, the owner of the pesticide, and/or the person in control of the mixing shall be jointly and severally liable for proper storage and disposal of pesticide containers and contents.(d) The name on either the pesticide label or the specimen label shall be written on the pesticide container if the name of the pesticide is not on the pesticide container and the pesticide's identity is known. Nothing in this subsection shall be construed as authorizing the misbranding of a pesticide as defined in §76.023 of the Texas Agriculture Code.(e) A person storing a pesticide shall maintain the complete label of that pesticide, in hard copy, for as long as the pesticide is being stored. If the complete label is not available and the pesticide's identity is known, the person storing the pesticide shall obtain a hard copy of the EPA pesticide label.(f) For every pesticide that is being stored, a hard copy of the complete label, shall be made immediately available for inspection to the department's inspector at the site where the pesticide is being stored.</content><note type="source"><p>Source Note: The provisions of this §7.151 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.152"><num value="7.152">§7.152</num><heading>Advertising</heading><content>(a) A licensee must not use false, misleading, or deceptive advertising. Examples of statements or representations which constitute false, misleading, or deceptive advertising include the following:(1) a false or misleading statement concerning the composition of products used;(2) a false or misleading statement concerning the effectiveness of a product as a pesticide or device;(3) a false or misleading statement about the value of the product for purposes other than as a pesticide or device;(4) a false or misleading comparison with other pesticides;(5) a statement directly or indirectly implying that a pesticide or device is recommended or endorsed by any agency of the state or federal government, such as "EPA Registered" or "EPA Approved";(6) a true statement used in such a way as to give a false or misleading impression to the consumer;(7) disclaimers or claims which negate or detract from labeling statements on the product label;(8) claims as to the safety of a pesticide or its ingredients, including statements such as "free from risk or harm", "safe", "non-injurious", "harmless", or "non-toxic to humans and pets", with or without such a qualifying phrase as "when used as directed";(9) claims that the pesticides and other substances the licensee applies, the application of such pesticides, or any other use of them are comparatively safe or free from risk or harm;(10) claims that the pesticides and other substances the licensee applies, the applications of such pesticides, or any other use of them, are "environmentally friendly", "environmentally sound", " environmentally aware", " environmentally responsible", " pollution approved", "contain all natural ingredients", "organic", or are "among the least toxic chemicals known"; and(11) claims regarding its goods and services for which the licensee does not have substantiation at the time such claim is made.(b) A person subject to regulation under this chapter shall not advertise to perform structural pest control services without a structural pest control license.(c) All advertisements must include the business name as indicated on the business license.(d) Advertising includes, but is not limited to, any written, audio, audiovisual, digital media, recorded telephone message, or other electronic communication to the public.</content><note type="source"><p>Source Note: The provisions of this §7.152 adopted to be effective December 29, 1994, 19 TexReg 9997; amended to be effective September 1, 2000, 25 TexReg 5632; amended to be effective May 5, 2005, 30 TexReg 2519; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.154"><num value="7.154">§7.154</num><heading>Incidental Use Situation Fact Sheet</heading><content>(a) The Incidental Use Fact Sheet must contain the following text: "This fact sheet must be distributed to all city, county, and state employees who apply general use pesticides and are not licensed by the Texas Department of Agriculture. The fact sheet and instruction must be provided upon initial employment and thereafter must be available as needed. These general use pesticides include insecticides, herbicides, fungicides and rodenticides and involve applications made both inside and outside of structures. Incidental Use is not intended for long term or extensive pest control measures. Where long term pest control is required, a trained, licensed person is to make the applications. Incidental Use is defined as "A pesticide application on an occasional, isolated, site-specific basis that is incidental to the primary duties of an employee and involves the use of general use pesticides after instruction as provided by rules adopted by the department. Examples of Incidental Use Situations are treating fire ants in a transformer box, or treating of ants by a janitor or clerical employee in a break area. Incidental is defined as site-specific and incidental to the employee's primary duties. If it is a part of the employee's primary duty to make applications of pesticides, that employee is required, by law, to obtain a license, depending on the location and type of application. In all cases of incidental use, the employee should use the least hazardous, effective method of controlling pests. If chemicals are to be utilized, they must be applied in strict accordance with manufacturer labels of "General Use" products being used. Applications made inconsistent with the label requirements of the general use product may result in penalties being assessed against the individual and/or the certified noncommercial applicator or technician responsible. "Incidental Use Situation" applications of pesticides are regulated by the department. If you have any questions or comments, contact the department at 866-918-4481; written inquiries may be addressed to the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847.(b) The incidental use fact sheet must be provided during pesticide instruction to each employee of the state, a political subdivision of the state, or a non-commercial entity other than a school district whose primary duty is not pest control, and whose work may include tasks subject to the incidental use exception.(c) Each governmental unit is responsible for distributing the fact sheet to the designated employees.(d) Primary duty is defined as a job duty that is part of a written job description or is a regularly assigned task of the employee.</content><note type="source"><p>Source Note: The provisions of this §7.154 adopted to be effective December 29, 1994, 19 TexReg 9998; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective September 1, 2000, 25 TexReg 5632; amended to be effective June 5, 2003, 28 TexReg 4280; amended to be effective May 5, 2005, 30 TexReg 2520; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.156"><num value="7.156">§7.156</num><heading>Entry and Access</heading><content>(a) The department may conduct investigations and inspections of structural pest control activities involving any person in this state to determine compliance with the SPCA, and department rules.(b) In conducting investigations, the department may:(1) enter the premises of a licensee, business, or facility during normal business hours to examine records, question witnesses, inspect pesticides and equipment used for pest control, and collect samples;(2) enter premises where individuals are performing or are suspected of performing pest control operations to inspect the use of pesticides and devices, question any individuals who may have relevant knowledge or information, check employee credentials, collect samples, identify pests, and inspect equipment; and(3) on public property, inspect pesticides and equipment, and question employees of persons conducting or suspected of conducting structural pest control activities.(c) Any licensee or other individual suspected of violations involving structural pest control who interferes with an employee of the department attempting to enter or access property, equipment, or records for purposes of this chapter, shall be subject to disciplinary action up to and including revocation of licenses and/or registrations.</content><note type="source"><p>Source Note: The provisions of this §7.156 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.161"><num value="7.161">§7.161</num><heading>Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal To Examine, Refusal To Issue or Renew Licenses</heading><content>Any such action may be accomplished by the department after notice and hearings, as provided for by the SPCA and the Administrative Procedures Act, Texas Government Code, Chapter 2001. No revocation, suspension, annulment, or withdrawal of any license is effective unless prior to the institution of department proceedings, the department gave notice by personal service or by certified mail to the licensee of facts or conduct alleged to warrant the intended action, and the licensee was given the opportunity to show compliance with all requirements of law for the retention of the license. The following are grounds for revocation, suspension, penalties, reprimanding, refusal to examine, and refusal to issue or renew licenses:(1) misrepresentation for the purpose of defrauding; deceit or fraud; the making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their damage;(2) intentional misrepresentation in any application for a license;(3) engaging in an advertising practice prohibited in §7.152 of this chapter (relating to Advertising); advertising services which the licensee is not authorized to provide; engaging in false, misleading, or deceptive acts or practices; advertising in a name without a valid business license; or advertising in an unauthorized category;(4) has been convicted or has pleaded guilty to a violation of the SPCA as amended, or any regulation adopted hereunder, or any of the laws or regulations of this state, another state, or the United States, relating to the licensing of pest control operators and pesticide use;(5) has been convicted of or has pled guilty to a felony or misdemeanor involving moral turpitude, under the law of this state and other states of the United States within seven (7) years prior to the date of application, provided that when the applicant is a defendant in any action in which the defendant is charged with a felony or a misdemeanor involving moral turpitude, the department may delay processing of the application until final disposition of any such criminal proceedings;(6) has a criminal background as explained in §7.130 of this chapter (relating to Licensing of Persons with Criminal Backgrounds);(7) failure of the licensee to supply the department or its authorized representative, upon request, with true and accurate information concerning methods and materials used, or work performed, or other information essential to the public health and welfare and to the administration and enforcement of the SPCA;(8) engaging in pest control practices in a manner that could be injurious to the public health, safety, or to the environment;(9) failure to comply with contract specifications;(10) performing work in a category for which the certified applicator or technician licensee is not licensed or an apprentice is not trained or licensed;(11) failure of a business licensee or certified noncommercial applicator to register employees or failure to pay license fees for employees;(12) making a pesticide application inconsistent with the labeling of any pesticide as registered by the Environmental Protection Agency, the United States Department of Agriculture, or the state registration for that pesticide, or in violation of any condition or restriction placed upon the use of that pesticide by the Environmental Protection Agency, the United States Department of Agriculture, or the state;(13) failure to make records of pesticide use and keep them available as required by the SPCA, as amended, and §7.144 this chapter (relating to Pest Control Use Records);(14) failure of a business licensee to notify the department when a certified applicator, technician, or apprentice is no longer employed;(15) failure of a business licensee to put identifying letters and numbers on vehicles as required by regulations;(16) failure to print in proper size type the address and telephone number of the department and the statement that the business is licensed and regulated by the Texas Department of Agriculture;(17) failure of a business licensee or certified noncommercial applicator to notify the department of a change of address of their company or organization;(18) failure of a business licensee or certified noncommercial applicator to give the department an address where a licensee may be located;(19) failure of a certified applicator or business licensee to adequately supervise employees;(20) failure of a certified applicator, technician, or apprentice to notify the department of a change of employment;(21) failure to maintain continuous minimum liability insurance and continuing to operate during a lapsed period;(22) failure to meet minimum continuing education or technician training requirements;(23) failure to maintain technician or apprentice training records;(24) failure to provide signs, disclosure, and information sheets;(25) failure to post signs or distribute information sheets;(26) failure to comply with a final order of the Commissioner;(27) Permitting, aiding, abetting, or conspiring with a person to intentionally violate or circumvent a law or regulation enforced by the department;(28) Denial, suspension, revocation, probation, fine, or other license restriction or discipline against a licensee by a state, territory, or Indian tribal government or the federal government;(29) Any violation of the regulations promulgated under this subchapter relating to treatment standards;(30) failure to pay an agreed or court ordered administrative penalty;(31) failure to comply with §7.135 or §7.136 of this chapter (relating to Criteria and Evaluation of Continuing Education Training and Criteria and Evaluation of Technician/Noncommercial Certified Applicator Training);(32) failure to comply with Division 7 of this subchapter (relating to Integrated Pest Management Program for School Districts);(33) failure to comply with any section of the SPCA or this subchapter; and(34) failure to provide a disclosure document prior to, or accompanying, or at the same time, with a written estimate as described in §7.174 of this chapter (relating to Wood Destroying Insect Treatment Disclosure Documents).</content><note type="source"><p>Source Note: The provisions of this §7.161 adopted to be effective June 1, 1987, 9 TexReg 2307; amended to be effective September 1, 1987, 12 TexReg 901; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective December 29, 1994, 19 TexReg 9999; amended to be effective March 5, 1996, 21 TexReg 1542; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective July 26, 2005, 30 TexReg 4212; transferred effective September 1, 2007, as publishedintheTexas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.162"><num value="7.162">§7.162</num><heading>Suspension or Revocation</heading><content>(a) Suspension or revocation of any license under the provisions of §7.161 of this chapter (relating to Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal to Examine, Refusal to Issue or Renew Licenses) shall not be for less than ten (10) days nor more than two (2) years at the discretion of the department. If a license is suspended or revoked under the provisions thereof, the licensee shall, within five (5) days of such suspension or revocation, surrender all licenses and identification cards issued thereunder to the Commissioner or the Commissioner's designee.(b) A licensee who is notified that the department intends to suspend or revoke the licensee's license must ask for a hearing by filing a petition with the Commissioner or the Commissioner's designee within twenty (20) days of the date of the letter sent to the licensee. The petition shall set out legal basis and supporting facts for challenging the department's decision and the relief sought by the petitioner including a request for hearing. Upon receipt of the petition, if the Commissioner or the Commissioner's designee determines that the petition is within the jurisdiction of the department, the Commissioner or the Commissioner's designee shall request a hearing before the State Office of Administrative Hearings.</content><note type="source"><p>Source Note: The provisions of this §7.162 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective April 5, 2001, 26 TexReg 2541; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.172"><num value="7.172">§7.172</num><heading>WDI Post Construction Treatments</heading><content>(a) All pesticides used for post construction termite treatments must be registered with the Environmental Protection Agency and the department. All pesticide liquid applications must be made by using the application rates and methods and by following the precautionary statements on the labeling of the pesticide being used. All termite baiting system applications must be made using the methods and following the precautionary statements on the product label.(b) A treatment of less than the entire structure will be permitted to accommodate the customer's requests to allow the treating company to perform the job in a manner prescribed by their professional evaluation and label requirements.(c) All treatments must strictly adhere to the procedures outlined in the disclosure statement required in §7.174 of this chapter (relating to Wood Destroying Insect Treatment Disclosure Documents). A deviation will be permitted when unexpected circumstances occur necessitating a change in the treatment and the applicator responsible for the treatment provides the customer with a written addendum to the contract or disclosure documents at the completion of the treatment.(d) Upon completion of a termite treatment, or installation of a baiting system, the company responsible for providing the treatment must leave a durable sticker of not less than one (1) inch by two (2) inches in size on the wall adjacent to the water heater, electric breaker box, or beneath the kitchen sink giving the name, address, and telephone number of the business licensee, name and license number of the applicator, product used, the date of the treatment or installation of the baiting system, and a statement that the notice should not be removed.(e) The business license holder or certified noncommercial applicator must keep and maintain a correct and accurate copy of the Wood Destroying Insect Treatment Disclosure Documents for a period of two (2) years.</content><note type="source"><p>Source Note: The provisions of this §7.172 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.173"><num value="7.173">§7.173</num><heading>Subterranean Termite Pre-Construction Treatments</heading><content>(a) Subsections (b) - (f) of this section do not apply to baits or baiting systems and subsections (c) - (d) of this section do not apply to wood applied termiticide products.(b) All pesticides used for pre-construction termite treatments must be registered with the Environmental Protection Agency and the department. All pesticide liquid applications must be made by using the application rates and methods and by following the precautionary statements on the labeling of the pesticide being used.(c) For a full treatment, the entire structure must be treated to provide a continuous horizontal and vertical pesticide barrier. The final treatment shall be performed within thirty (30) days of notification of completion of landscaping or one (1) year from the date of completion of construction, whichever comes first. However, when construction has proceeded to the point that all areas cannot be treated before the company providing the treatment is called to perform the application, a partial treatment is permitted if the owner of the structure or the person in charge of the construction and the licensee for the pest control company sign a statement attesting to the construction conditions, and attach it to the contract with an amended diagram or blueprint or building plat showing the exact areas to be treated and send copies to the owner of the property within seven (7) days of the application. A copy of the disclosure with an amended diagram or blueprint or building plat showing the exact areas to be treated must be made available to the department upon request. A partial treatment will also be permitted if allowed by label directions and if the licensee proposing the treatment issues a Wood Destroying Insect Treatment Disclosure Document prior to the treatment.(d) In order to comply with subsection (c) of this section, it will be necessary to return to the pretreatment site after the slab has been poured and/or piers and support beams have been placed to complete the treatment for the vertical barrier.(e) A primary treatment of the wood framing (such as a borate treatment) must follow full label application instructions and must be performed with a termiticide that has specific label instructions to be used as a primary treatment to offer protection for prevention of subterranean termites in new construction. This treatment may be used in lieu of a full, partial, or bait treatment and must include application instructions to exposed surfaces of wood framing with exterior sheathing in place but before any walls are enclosed to a height of not less than two (2) feet above a contact with a slab foundation or a (2) foot horizontal and vertical treatment of wood above contact with a concrete crawlspace or basement foundation. Label instructions must provide application instructions for the prevention of subterranean termite intrusion and tubing onto non-cellulose areas around bath-traps, plumbing penetrations, and concrete foundation areas.(f) Notice of all pre-construction treatments with contracts requiring treatment of a structure other than a single family dwelling must be submitted between the hours of 6:00 a.m. and 9:00 p.m. using the department's designated notification system at least four (4), and no more than twenty-four (24) hours prior to a termiticide application. The licensee must provide address and site location, type of treatment (partial or full), date and time of treatment, approximate and appropriate unit of measurement used under contract, and the name, license number, and physical address of the pest control business. If the treatment is cancelled, notice of cancellation must be sent using the department's designated notification system within one (1) hour of the time the pest control business learns of the cancellation.(g) For all commercial pre-construction treatments other than baits, baiting systems, wood applied termiticide products or physical barriers, the licensee must maintain records of the appropriate unit of measurement treated per application site, amount of termiticide used per application site, rate at which termiticide is mixed for each application site, number of application tanks which were in use for the treatment, the capacity, in gallons, of each application tank, and the start and stop time for the treatment. The business license holder or, in the case of the certified noncommercial applicator, the applicator must keep and maintain a correct and accurate copy of the pre-construction treatment and disclosure records for a period of two (2) years. A baiting system may be used in lieu of a pre-construction treatment if installed within thirty (30) days of notification of completion of landscaping. All termite baiting system applications must be made using the methods and following the precautionary statements on the product label. If a physical barrier is used, the appropriate unit of measurement of the physical barrier must be recorded and a diagram describing the installation must be provided.</content><note type="source"><p>Source Note: The provisions of this §7.173 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.174"><num value="7.174">§7.174</num><heading>Wood Destroying Insect Treatment Disclosure Documents</heading><content>(a) As part of each written estimate submitted for a subterranean termite, drywood termite, powder post beetle, wood boring beetle, or related wood destroying insect (excluding carpenter ants) treatment to a customer, the pest control business proposing the treatment must present the prospective customer or designee with disclosure documents. Verbal estimates may be provided to customers to advise of a general range of treatment costs, but a written estimate must be provided before beginning a treatment. Written estimates for termite and related wood destroying insect treatments and treatment disclosure documents shall only be made by licensed technicians or certified applicators licensed in the termite category.(b) Each subterranean termite, drywood termite, powder post beetle, wood boring beetle, or related wood destroying insect (excluding carpenter ants) treatment disclosure document must include, but is not limited to:(1) the business name, address, phone number, TPCL number, and the date the written estimate was submitted;(2) the address or physical location of the structure to be treated;(3) a diagram or blueprint or building plat and description of the structure or structures to be treated to include the following:(A) numerical perimeter measurements of the entire structure as accurately as practical;(B) areas of active or previous termite activity;(C) areas to be treated;(D) known wood destroying insect activity;(E) areas of conditions conducive to infestation by wood destroying insects; and(F) construction details and other information about construction relevant to the treatment proposal;(4) a label for any pesticide recommended or used. If a physical barrier is used, the appropriate unit of measurement of the physical barrier must be recorded and a diagram describing the installation must be provided;(5) the complete details of the warranty provided, if any;(6) the signature of approval on the disclosure documents by a certified applicator or licensed technician in the termite category employed by the company making the proposal;(7) the concentration of termiticide used or minimum number of bait stations to be installed;(8) for subterranean termite post construction treatments, the following statements and definitions in at least 8-point type:(A) A termite treatment may be a partial treatment or spot treatment using termiticide, approved physical barriers, or a baiting system. These types of treatments are defined as follows:(i) Partial Treatments. This technique allows a wide variety of treatment strategies but is more involved than a spot treatment (see definition below). Ex.: treatment of some or all of the perimeter, bath traps, expansion joints, stress cracks, portions of framing, walls and bait locations.(ii) Spot Treatments. Any treatment which concerns a limited, defined area less than ten (10) linear or square feet that is intended to protect a specific location or "spot." Often there are adjacent areas that are susceptible to termite infestation which are not treated.(iii) Baiting Systems. This type of treatment may include interior and/or perimeter placement of monitoring or baiting systems along with routine inspection intervals. The baiting technique may include one (1) or more locations as prescribed by the product label and instructions.(iv) Barriers. If a physical barrier is used, the square footage of the physical barrier must be recorded and a diagram describing the installation will be provided.(B) The types of treatment defined may apply to construction types as follows:(i) Pier and Beam. Treatment of the outer perimeter including porches, patios and treatment of the attached garage. In the crawl space, treatment would include any soil to structure contacts (piers and/or pipes).(ii) Slab Construction. Treatment of the perimeter and all known slab penetrations as well as any known expansion joints or stress cracks.(9) for all termite treatments the following statement in at least 8-point type: For all treatments there will be a diagram showing exactly what will be treated. Treatment specifications and warranties for those treatments may vary widely. Review the pesticide label provided to you for minimum treatment specification. If you have any questions, contact the pest control company or the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847. Phone (866) 918-4481;(10) for any pre-construction treatment, the "Proper Pre-Construction Subterranean Termite Treatments - A Guide for Builders and Consumers" guide, must be provided to the contractor or purchaser of the pre-treatment service prior to the beginning of the treatment. The text and format of the termite pre-treatment disclosure document is available on the Structural Pest Control Service website at: http://www.TexasAgriculture.gov/spcs, or by contacting the Texas Department of Agriculture at the address provided in paragraph (9) of this subsection;(11) for drywood termite, powder post beetle, wood boring beetle, and other related wood destroying insect treatments the following statements and definitions in at least 8-point type: A drywood termite, powder post beetle, wood boring beetle, or other related wood destroying insect treatment may be a full treatment or spot treatment. These types of treatments are defined as follows:(A) Full Treatment: A treatment to control 100% of the insect infestation by tarpaulin fumigation or appropriate sealing method. A full treatment by fumigation is designed to eliminate every insect colony. It should include the infested structure and all attached structures; or(B) Spot Treatment: Any treatment less than a full treatment by tarpaulin fumigation. This treatment should be considered only when a drywood termite, powder post beetle, wood boring beetle or related insect infestation has a limited and defined area of infestation. Adjacent areas susceptible to dry wood termite, powder post beetle, wood boring beetle or related insect infestations are not treated. Because of the nature of wood destroying insects, these untreated areas may continue to harbor drywood termites, powder post beetle, wood boring beetle, and related insects throughout the structure without detection;(12) a consumer information sheet described in §7.147 of this chapter (relating to Consumer Information Sheet; and(13) The jurisdiction statement: "Licensed and regulated by: Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481, Fax (888) 232-2567."(c) For a re-treatment of a property for an existing customer, the pest control business must provide the following before conducting the re-treatment:(1) the label of the pesticide to be used;(2) a diagram or updated diagram of the structure showing areas to be treated; and(3) a consumer information sheet described in §7.147, of this chapter.(d) The business license holder or, in the case of the certified noncommercial applicator, the applicator must keep and maintain correct and accurate copies of the disclosure documents for a period of two (2) years.</content><note type="source"><p>Source Note: The provisions of this §7.174 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.175"><num value="7.175">§7.175</num><heading>Official Wood Destroying Insect Report Inspection Procedures</heading><content>(a) Inspections for the purpose of issuing a WDIR must be conducted in a manner consistent with the procedures described in this section by a licensed certified applicator or technician in the Termite and Wood Destroying Insect Control category. The printed name and registration number or license number of any employees receiving training that are present for the inspection must be listed on the report. The purpose of the inspection is to provide a WDIR regarding the absence or presence of wood destroying insects and conditions conducive to wood destroying insect infestation. The inspection should provide the basis for recommendations for preventive or remedial actions, if necessary, to minimize economic losses. Only for purposes of a Real Estate Transaction Inspection Report, as described in §7.176 of this chapter (relating to Real Estate Transaction Inspection Reports), there must be visible evidence of active infestation in the structure or visible evidence of a previous infestation in the structure with no evidence of prior treatment to recommend a corrective treatment. The inspection must be conducted so as to ensure examination of all visible accessible areas in or on a structure in accordance with accepted procedures. While such an examination may reveal wood destroying insects, there are instances when concealed infestations and/or damage may not be discovered. Examinations of inaccessible or obstructed areas are not required.(b) Inaccessible or obstructed areas recognized by the department include, but are not limited to:(1) inaccessible attics or portion thereof;(2) the interior of hollow walls, spaces between a floor, or porch deck and the ceiling or soffit below;(3) such structural segments as porte cocheres, enclosed bay windows, buttresses, and similar areas to which there is no access without defacing or tearing out lumber, masonry, or finished work;(4) areas behind or beneath stoves, refrigerators, furniture, built-in cabinets, insulation, and floor coverings; and(5) areas where storage conditions or locks make inspection impracticable.(c) The inspector must describe the structure(s) inspected and include the following:(1) the address or location;(2) a diagram showing:(A) approximate numerical perimeter measurements of the structure as accurately as practical (does not have to be to scale);(B) construction details needed for clarity of the report;(C) areas of current wood destroying insect activity;(D) areas of previous wood destroying insect activity; and(E) areas of conditions conducive to infestation by wood destroying insects;(3) inaccessible or obstructed areas, including, but not limited to the areas listed in subsection (b) of this section.(d) The inspection must include, but is not limited to, the following areas if accessible and unobstructed:(1) plumbing, which includes:(A) bathroom;(B) kitchen;(C) laundry; or(D) other specified area, i.e., hot tub, etc.;(2) window and door frames and sills;(3) baseboards, flooring, walls, and ceilings;(4) entrance steps and porches;(5) exterior of slab or foundation wall;(6) crawl spaces, which include:(A) support piers (include stiff legs);(B) floor joist;(C) sub floors;(D) sill plates; and(E) foundation wall.(7) fireplace; and(8) weep holes.(e) Visible evidence of the following conditions must be reported:(1) wood destroying insects or signs of current active infestation;(2) termite tubes or frass;(3) exit holes or frass from other wood destroying insects;(4) evidence of previous treatment or infestation;(5) conditions conducive to wood destroying insect infestation, including but not limited to:(A) a structure with wood to ground contact;(B) formboards left in place;(C) excessive moisture;(D) wood debris under or around structure;(E) footing too low or soil line too high;(F) insufficient clearance in crawl space;(G) expansion joints or cracks in slab; and(H) decks; and(6) infestation of other wood destroying insects.</content><note type="source"><p>Source Note: The provisions of this §7.175 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.176"><num value="7.176">§7.176</num><heading>Real Estate Transaction Inspection Reports</heading><content>(a) All inspection reports issued regarding the visible presence or absence of termites, other wood destroying insects and conditions conducive to infestation of wood destroying insects in connection with a real estate transaction must be made on a form prescribed by the department. Forms must be maintained in the inspection file. No alterations or revisions to the department-prescribed form are permitted; however, larger graphs, photos, or other supporting documentation may be attached as an addendum to supplement preexisting information.(b) Lending providers such as the Department of Veterans Affairs may require the inspection results on another form. That form is supplemental to the required department form and must be maintained in the inspection file.(c) The department report form includes a space to report conditions consistent with §7.175 of this chapter (relating to the Official Wood Destroying Insect Report Inspection Procedures), which is available at: http://www.TexasAgriculture.gov/spcs/, or by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847, (866) 918-4481.(d) For each inspection, copies of the completed form must be prepared for:(1) the person who ordered the inspection; and(2) business files of the business licensee issuing the report.(e) The business licensee issuing the report must retain records of inspection reports for a minimum of two (2) years.</content><note type="source"><p>Source Note: The provisions of this §7.176 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.177"><num value="7.177">§7.177</num><heading>Posting Notice of Inspection</heading><content>(a) Upon completion of an inspection for the purposes of completing a WDIR, the licensee must post a durable sticker on the wall adjacent to the water heater, electric breaker box, or beneath the kitchen sink giving the name and license number of the licensee, the date of the inspection, and a statement that the sticker should not be removed.(b) It is a violation of this section for any licensee to remove or deface a posted inspection sticker.</content><note type="source"><p>Source Note: The provisions of this §7.177 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.178"><num value="7.178">§7.178</num><heading>Structural Fumigation Requirements</heading><content>(a) Fumigation of structures to control wood destroying insects or other pests shall be performed only under the direct on-site supervision of a certified applicator licensed in the category of structural fumigation. Direct on-site supervision means that the certified applicator exercising such supervision must be present at the site of the fumigation during the introduction of the fumigant, any reentry prior to aeration, during the initial aeration process, and when the structure is released for occupancy.(b) All motor vehicles used by a licensee or licensee's employees in conducting structural fumigation services, to include the transportation of tarps and fumigants, shall display the TPCL number of the business. The transportation of all fumigants shall be done consistent with label directions.(c) A licensee licensed in the structural fumigation category may subcontract the performance of a structural fumigation to another licensee licensed in the structural fumigation category. The primary contractor shall notify the customer that the performance of the structural fumigation service will be performed by another properly licensed business other than the primary contractor. This written notification shall be a part of the disclosure documents as a separate statement itself or attached to the disclosure documents, and must be signed and dated by the customer. Both the primary contractor and the subcontractor shall maintain a copy of the disclosure documents issued to and signed and dated by the customer, and the report as described in subsection (l) of this section for a period of two (2) years.(d) Structural fumigation shall be performed in compliance with all label requirements applicable to state and federal laws and regulations.(1) During a fumigation, whenever the presence of two (2) persons trained in the use of fumigant is required by the fumigant label, at least one (1) of these persons must be the certified applicator providing direct on-site supervision as described in subsection (a) of this section and the second person must be trained in the necessary safety precautions.(2) Two (2) trained persons shall be present at each fumigation site during the introduction of the fumigant, any reentry prior to aeration, during the initial aeration process, and if the label requires, until the active aeration period with all operable doors and windows open is completed and the structure is secured for the remaining aeration period.(3) During these periods of time, two (2) operational Self-Contained Breathing Apparatuses (SCBA) must be present at the fumigation site. Fumigators must have in their possession any keys necessary to unlock secondary locking devices and/or an access device that would allow for immediate access to the structure the entire time the structure is under fumigation.(4) A trained person in structural fumigation must be a registered apprentice, licensed technician, or certified applicator in the structural fumigation category having been trained in the proper use of a SCBA and clearing devices.(e) Prior to the release of the fumigant, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the structure under fumigation and shall not be removed until the premises is determined safe for occupancy. Ventilation shall be conducted with due regard for public safety.(f) Local fire, police, or emergency authorities shall be notified of the structural fumigation prior to introduction of the fumigant. Notification shall be made in writing, by email or by telephone as long as a record is made of the name of the person that was informed and the date and time. The same agency shall be informed that the structure is released for occupancy.(g) The space to be fumigated shall be vacated by all occupants prior to the commencement of fumigation. The space to be fumigated shall be sealed in such manner to ensure that the concentration of the fumigant released is retained in compliance with the manufacturer's recommendations. Fumigation tarps with puncture holes, tears, rips, or splitting seams must be taped or repaired in such a manner to ensure that the concentration of the fumigant released is retained in compliance with the manufacturer's recommendations.(h) Warning signs shall be printed in red on white backgrounds and shall contain the following statement in letters not less than two (2) inches in height: "Danger-Fumigation." Signs must also depict a skull and crossbones, not less than one (1) inch in height, the name of the fumigant, the date and time fumigant was introduced, and the name, license number, and telephone number where the certified applicator performing the fumigation may be reached twenty-four (24) hours a day.(i) On any structure that has been fumigated, the certified applicator responsible for the fumigation shall, immediately upon completion, post a durable sticker on the wall adjacent to the electric breaker box, water heater, or beneath the kitchen sink. This must be a durable sticker not less than one (1) inch by two (2) inches in size. It must have the name and license number of the certified applicator, date of fumigation, fumigant used, and the purpose for which it was fumigated (target pest).(j) A certified applicator performing the fumigation shall use adequate warning agents with all fumigants that lack such properties. When conditions involving abnormal hazards exist, the person exercising direct on-site supervision shall take such safety precautions in addition to those prescribed to protect the public health and safety. The certified applicator responsible for the fumigation shall visibly inspect the structures to assure vacancy prior to introduction of fumigant.(k) The certified applicator responsible for the fumigation shall also post a person or persons to guard the location whenever a licensed applicator is not present from the time the fumigant is introduced until the label concentration for aeration is reached. The person posted at the location shall deter entry into the structure by routinely inspecting the structure under fumigation at least once each hour. The person posted at the location shall remain alert and on duty as directed by the certified applicator. The certified applicator responsible for the fumigation shall secure all entrances to the structure in such a manner as to prevent entry by anyone other than the certified applicator responsible for the fumigation. The structure must remain secured by secondary locking devices until the structure is released for occupancy.(l) For the purpose of maintaining proper safety, establishing responsibility in handling the fumigants, and to ensure a successful fumigation the business performing the structural fumigation shall compile and retain a report for each fumigation job and/or treatment for a period of at least two (2) years. The certified applicator responsible for the fumigation must have a copy of the report at the time of the fumigation. The report for each fumigation job or treatment must contain the following information to be recorded as the fumigation progresses:(1) name, address and business license number of the pest control business;(2) name and address of property and owner;(3) measured cubic feet fumigated;(4) target pest or pest controlled;(5) fumigant or fumigants used, EPA registration number and amount;(6) name of warning agent and amount used;(7) temperature and wind conditions;(8) time gas introduced and aerated (date and hour);(9) name and license number of the certified applicator responsible for the fumigation and providing direct on-site supervision;(10) list of any extraordinary safety precautions taken;(11) date and time released for occupancy (signed by certified applicator);(12) the dates and times local fire, police or emergency authorities were notified;(13) the identification of clearing devices used; and(14) proof that the department was notified of the structural fumigation with the date and time of the notification.(m) Fumigations for the purpose of controlling wood destroying insects are subject to the provisions of §7.174 of this chapter (relating to Wood Destroying Insect Treatment Disclosure Documents).(n) Every licensee engaged in application of a fumigant is required to use an approved and calibrated clearance device consistent with the fumigant label.(1) The approved and calibrated clearance device must be used consistently with the label.(2) An independent and qualified facility or person must perform calibration of the clearance device not less than annually and anytime it is suspected to be inaccurate. Calibration must be in compliance with the manufacturer's requirements.(3) Proof of calibration must be kept on file for a period of two (2) years and available for review by the department. The record of proof for each clearing device shall contain the date of calibration and the name of the independent and qualified facility or person who performed the calibration.(o) The certified applicator responsible for the fumigation shall be responsible for following label requirements for aeration and clearing of the structure that is being fumigated.(p) Notice of all fumigations of a structure must be submitted using the department's designated notification system between the hours of 6:00 a.m. and 9:00 p.m., at least four (4), and no more than twenty-four (24) hours prior to the structural fumigation application. If the structural fumigation is cancelled, notice of the cancellation must be sent using the department's designated notification system within three hours of the time the pest control company learns of the cancellation. The licensee must provide:(1) address and site location;(2) fumigant to be used;(3) date and time of treatment (for the purposes of this section the time of treatment is when the business conducting the fumigation is scheduled to arrive at the fumigation site);(4) measured cubic feet under contract;(5) the name and license number of the business licensee; and(6) the name and license number of the certified applicator responsible for overseeing the fumigation.(q) Before an individual may apply for an initial certified applicator's license in the structural fumigation category the following experience requirements must be met:(1) Attend a forty (40) hour structural fumigation school that has at least sixteen (16) hours of hands-on-training, and has been approved by the department; or(2) Obtain forty (40) hours of on-the-job training with at least sixteen (16) hours of hands-on-training that is approved by the department. Department-approved hands-on-training includes the following:(A) Inspect the structure and identify pest(s) prior to fumigation;(B) Prepare disclosure documents pursuant to the provisions of §7.174, of this chapter;(C) Measure the structure and calculate volume;(D) Calculate dosage of fumigant;(E) Notify local fire, police or emergency authority as appropriate;(F) Secure materials left inside the structure, check pilot lights and appliances;(G) Tarp, place snakes, or otherwise seal the structure for fumigation;(H) Post the structure and secure entrances to the structure;(I) Instruct the person (guard) on duty at the site on responsibilities and safety precautions;(J) Set up equipment including splash pan and fans;(K) Introduce fumigant and warning agent (if required) to the structure;(L) Aerate the structure;(M) Take down tarps, remove snakes, remove locks, or otherwise remove sealing material;(N) Clear the structure;(O) Store and/or dispose of fumigant containers;(P) Prepare the report of fumigation required by subsection (l) of this section; and(Q) Securing the fumigant for transportation consistent with label directions.(r) Current certified applicators with the structural fumigation category must receive four (4) hours of training per year to maintain their structural fumigation certification. The four (4) hours of training may be classroom or on the job training. Department-approved hands-on-training includes the following:(1) Inspect structure and identify pest(s) prior to fumigation;(2) Prepare disclosure documents pursuant to the provisions of §7.174 of this chapter;(3) Measure the structure and calculate volume;(4) Calculate dosage of fumigant;(5) Notify local fire, police or emergency authority as appropriate;(6) Secure materials left inside the structure, check pilot lights and appliances;(7) Tarp, place snakes, or otherwise seal the structure for fumigation;(8) Post the structure and secure entrances to the structure;(9) Instruct the person (guard) on duty at the site on responsibilities and safety precautions;(10) Provide onsite supervision during application (only one applicator per company may claim provision of onsite supervision);(11) Set up equipment including splash pan and fans;(12) Introduce fumigant and warning agent (if required) to the structure;(13) Aerate the structure;(14) Take down tarps, remove snakes, remove locks, or otherwise remove sealing material;(15) Clear the structure;(16) Provide onsite supervision during aeration and clearing (only one applicator per company may claim provision of onsite supervision);(17) Store and/or dispose of fumigant containers;(18) Prepare the report of fumigation required by subsection (l) of this section; and(19) Secure the fumigant for transportation consistent with label directions.(s) In addition to the four (4) hours of training per year, certified applicators must acquire one (1) CEU per year in structural fumigation to maintain the certification following initial testing.(t) A verifiable performance/training records form will be made available to the department upon request. These performance/training records forms shall be kept on a format prescribed by the department in the business file for at least two (2) years. The responsible certified applicator for the company that performed the training must certify in the training records of each certified applicator that the certified applicator has completed the required training and has demonstrated competency. The verifiable performance/training records form will be made available to the certified applicator or technician upon written request.</content><note type="source"><p>Source Note: The provisions of this §7.178 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.191"><num value="7.191">§7.191</num><heading>Purpose of the Committee</heading><content>(a) The Structural Pest Control Advisory Committee shall be composed of eleven (11) members appointed by the Commissioner.(b) The Committee shall meet regularly, as prescribed by §7.196 of this chapter (relating to Committee Meetings), to consider matters relating to the regulation and licensing of persons engaged in the business of structural pest control. The Commissioner, or the Commissioner's designee, shall have the authority to direct that the Committee include on its agenda any matters relating to the business of structural pest control, or the licensing and regulation of persons engaged in that business.(c) The Committee shall gather and provide information to the Commissioner regarding the practice of structural pest control in order to aid the Commissioner and the department to provide excellent customer service to the public and the structural pest control industry, to enhance educational and professional standards of license holders, and to protect the health, safety and welfare of the public.(d) The Committee shall advise the Commissioner and the department regarding the licensing and regulation of persons engaged in structural pest control, including advice on:(1) education and curricula requirements for applicants for licensure;(2) the content of examinations of applicants;(3) proposed rules on technical issues related to structural pest control and enforcement of laws related to structural pest control;(4) standards and criteria for the issuance of licenses;(5) fees for licenses; and(6) other issues relating to the practice of structural pest control.</content><note type="source"><p>Source Note: The provisions of this §7.191 adopted to be effective October 21, 2007, 32 TexReg 7261; amended to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.192"><num value="7.192">§7.192</num><heading>Rules Governing Operation of the Committee</heading><content>(a) At the first meeting of each year, a Chairman and a Vice-Chairman shall be elected by the members of the Committee for a term of one (1) year.(b) The Chairman of the Committee is responsible for:(1) setting an agenda for each committee meeting; and(2) may add an item to an agenda on request by the department or Commissioner.(c) The members, other than the Commissioner of State Health Services, shall serve staggered four (4)-year terms. The terms of four (4) members of the Committee shall expire on February 1 of each odd-numbered year.(d) During the first meeting of each calendar year, the Committee will include on its agenda as an item of business, a self-assessment of its actions during the prior year.(1) The self-assessment will be done using a process and on a form prepared by the Commissioner.(2) In addition to evaluating its performance during the prior calendar year, the Committee shall establish goals to improve performance during the upcoming year.(3) The Committee shall forward the self-assessment to the Commissioner for review.(e) In addition to quarterly meetings, the Committee may meet as needed and upon the request of the Commissioner.(f) All Committee members must successfully complete, during the first calendar quarter of their term, a course provided by the department or otherwise approved by the Commissioner that covers the Texas Open Meetings Act, the Texas Public Information Act, the rulemaking process in Texas, the requirements of laws relating to conflicts of interest or other laws relating to public officials in Texas, and any applicable ethics policies adopted by the department.</content><note type="source"><p>Source Note: The provisions of this §7.192 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.193"><num value="7.193">§7.193</num><heading>Appointment of Committee Members</heading><content>(a) The Commissioner appoints members of the Committee, other than the Commissioner of State Health Services.(b) The Commissioner may solicit recommendations for prospective Committee members from industry trade associations, consumer advocacy groups, Boards of Regents of colleges and universities or any other groups or entities that have reason to be knowledgeable about or concerned with the structural pest control industry.(c) The department shall develop a form that prospective Committee appointees must complete prior to being appointed to the Committee. The form shall be designed to elicit all information necessary to determine whether the person is qualified to serve as a Committee member.(d) The Commissioner shall make appointments to the Committee during January of each odd-numbered year, or as necessary to fill vacancies.(e) The Commissioner may consider the geographic ties of prospective Committee members to assure that the interests of all geographic areas of Texas are represented.(f) Other than the Commissioner of State Health Services, a person may serve no more than two (2) consecutive four (4) year terms as a member of the Committee.(g) To qualify as a member of the Committee who is from an institution of higher education, an individual must have a post-graduate (masters or doctoral) degree and be, at the time of appointment, employed in a teaching capacity at an institution of higher education and have experience teaching courses that demonstrate that the individual is knowledgeable in the science of pests and pest control.</content><note type="source"><p>Source Note: The provisions of this §7.193 adopted to be effective October 21, 2007, 32 TexReg 7261; amended to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.196"><num value="7.196">§7.196</num><heading>Committee Meetings</heading><content>(a) The Committee shall meet at least once during each quarter of a calendar year.(b) The Committee may meet on other occasions at the direction of the Commissioner.(c) Meetings of the Committee shall be posted and held in conformity with the Texas Open Meetings Act.(d) In order for the Committee to meet and take any action, at least six (6) of the eleven (11) members must be present to constitute a quorum.(e) The Committee shall conduct its meetings using procedural rules which substantially comport with Robert's Rules of Order.</content><note type="source"><p>Source Note: The provisions of this §7.196 adopted to be effective October 21, 2007, 32 TexReg 7261; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.201"><num value="7.201">§7.201</num><heading>Responsibility of School Districts</heading><content>Each school district shall establish, implement, and maintain an Integrated Pest Management (IPM) program. An IPM program is a regular set of procedures for preventing and managing pest problems using an integrated pest management strategy, as defined in §7.114 of this chapter (relating to Definitions. The school district is responsible for each IPM Coordinator's compliance with these regulations.(1) The IPM program shall contain these essential elements:(A) a school board approved IPM policy, stating the school district's commitment to follow integrated pest management guidelines in all pest control activities that take place on school district property. The IPM policy statement shall include:(i) a definition of IPM consistent with this section;(ii) a reference to Texas laws and rules governing pesticide use and IPM in public schools;(iii) information about who can apply pesticides on school district property; and(iv) information about designating, registering, and required training for the school district's IPM Coordinator. The Superintendent and IPM Coordinator will maintain a copy of the policy.(B) a monitoring program to determine when pests are present and when pest problems are severe enough to justify corrective action;(C) the preferential use of lower risk pesticides and the use of non-chemical management strategies to control pests, rodents, insects and weeds;(D) a system for keeping records of facility inspection reports, pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints;(E) a plan for educating and informing school district employees about their roles in the IPM program; and(F) written guidelines that identify thresholds for when pest control actions are justified.(2) Each school district superintendent shall appoint an IPM Coordinator(s) to implement the school district's IPM program. Not later than 90 days after the superintendent designates or replaces an IPM Coordinator(s), the school district must report to the department the newly appointed coordinator's name, address, telephone number, email address and the effective date of the appointment. A school district that appoints more than one IPM Coordinator shall designate a Responsible IPM Coordinator who will have overall responsibility for the IPM program and provides oversight of subordinate IPM Coordinators regarding IPM program decisions. When a school district removes an IPM Coordinator, the departing IPM Coordinator, Superintendent, or Superintendent's designee must notify the department of the removal within ten (10) days in writing. A school district may not be without an IPM Coordinator for more than 30 days.(3) Each school district that engages in pest control activities must employ or contract with a licensed applicator, who may, if an employee, also serve as the IPM Coordinator.(4) Each school district shall prior to or by the first week of school attendance, ensure that a procedure is in place to provide prior notification of pesticide applications in accordance with this chapter. Individuals who request in writing to be notified of pesticide applications may be notified by telephonic, written or electronic methods.</content><note type="source"><p>Source Note: The provisions of this §7.201 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.202"><num value="7.202">§7.202</num><heading>Education Requirements and Responsibilities of IPM Coordinators</heading><content>(a) The IPM Coordinator(s) shall successfully complete a department-approved IPM Coordinator training course within six (6) months of appointment and obtain at least six (6) hours of department-approved IPM CEUs every three years. The three-year period will begin on the date the IPM Coordinator receives initial training after being appointed by the superintendent. No course may be repeated for credit within the same three-year period. One of the six (6) CEUs must be related to laws and regulations specific to IPM programs in schools. IPM Coordinators may satisfy the CEU requirements through one or more of the following methods:(1) completing a department-approved training course for IPM Coordinators;(2) completing courses that have been approved in the pest, lawn and ornamental, weed control or general IPM category; or(3) submitting information for a course completed, that was not previously approved by the department, for the evaluation of credit. The information must include the name of the instructor(s), verification of attendance at the course, length of time of the course stated in hours and minutes, a detailed course outline indicating the scope of the course and learning objectives, and the number of continuing education units requested. Additionally, the IPM Coordinator must demonstrate that the course content is appropriate and pertinent to the use of pesticides and the implementation of IPM strategies at school buildings and other school district facilities.(b) If the IPM Coordinator is also a licensed applicator, the CEUs obtained for the license under §7.134 of this chapter (relating to Continuing Education Requirements for Certified Applicators) will count towards the six (6) hours of IPM CEUs.(c) Following the three-year effective CEU period, IPM Coordinators must maintain certificates of completion for one additional calendar year (period through December 31). The certificates are subject to inspection by the department at any time upon request.(d) In addition to implementing the school district IPM program, the IPM Coordinator shall oversee and be responsible for:(1) coordination of pest management personnel, ensuring that all school employees who perform pest control, including those employees authorized to perform incidental use applications, have the necessary training, are equipped with the appropriate personal protective equipment, and have the necessary licenses for their pest management responsibilities;(2) ensuring that all IPM program records, including incidental use training records (as provided for under §7.205 of this chapter (relating to Incidental Use for Schools)), pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints are maintained for a period of two (2) years and are made available to a department inspector upon request;(3) working with district administrators to ensure that all pest control proposal specifications for outside contractors are compatible with IPM principles, and that contractors work under the guidelines of the school district's IPM policy;(4) ensuring that all pesticides used on school district property are in compliance with the school district's IPM program and that current pesticide labels and Safety Data Sheets (SDS) are available for interested individuals upon request;(5) overseeing and implementing that portion of the plan that ensures that school district administrators and relevant school district personnel are provided opportunities to be informed and educated about their roles in the IPM program, reporting, and notification procedures;(6) ensuring that pesticide applications, including the approval of emergency applications at buildings and on school district grounds, are conducted in accordance with Division 7 of this subchapter; and(7) maintaining a current copy of the school district's IPM policy and making available to a department inspector upon request.</content><note type="source"><p>Source Note: The provisions of this §7.202 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.203"><num value="7.203">§7.203</num><heading>Responsibilities of Certified Applicators and Licensed Technicians</heading><content>The certified commercial or noncommercial certified applicator or licensed technician shall:(1) apply only EPA labeled pesticides, appropriate for the target pest, except as provided in Division 7 of this subchapter (relating to Integrated Pest Management Program for School Districts);(2) provide the structural pest management needs of the school district by following the school district's IPM program and these regulations;(3) obtain written approval from the IPM Coordinator(s) for the use of pesticides in accordance with Division 7;(4) handle and forward to the IPM Coordinator(s) records of IPM activities, any complaints relating to pest problems, and pesticide use;(5) ensure that pesticide use records are forwarded to the IPM Coordinator within two (2) business days or in a time frame as agreed to by the IPM Coordinator;(6) consult with the IPM Coordinator(s) concerning the use of control measures in buildings and grounds, including residential properties; and(7) ensure that all pest control activities are consistent with the school district's IPM program and IPM policy.</content><note type="source"><p>Source Note: The provisions of this §7.203 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.204"><num value="7.204">§7.204</num><heading>Pesticide Use in School Districts</heading><content>All pesticides used by school districts must be registered with the United States Environmental Protection Agency (EPA) and the department, with the exception of those pesticides that have been exempted from registration by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 25(b). All pesticides used by school districts must also bear a label as required by FIFRA and Chapter 76 of the Texas Agriculture Code. Pesticides intended and labeled for use on humans are exempt from this section. Pesticide use must also meet the following requirements:(1) Pest control signs shall be posted at least 48 hours prior to a pesticide application inside school district buildings, including residential properties, as provided for under §7.148 of this chapter (relating to Responsibilities of Unlicensed Persons for Posting and Notification).(2) For outdoor applications made on school district grounds, including residential properties, the treated area must be identified at all entry points with a sign, or must be secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed reentry time.(3) Pesticides used on school district property shall be mixed outside of student occupied areas of buildings and grounds.(4) The use of non-pesticide control measures, non-pesticide monitoring tools and mechanical devices, such as glue boards and traps as permitted in accordance with Division 7 of this subchapter (relating to Integrated Pest Management Program for School Districts), are exempt from posting requirements. The use of non-pesticide tools and devices by unlicensed school district personnel, for monitoring purposes, shall be permitted. Monitoring by unlicensed school district personnel shall be done only as directed, under the supervision of the IPM Coordinator.(5) Pesticide applications shall not be made to outdoor school grounds if such an application will expose students to physical drift of pesticide spray particles. Reasonable preventive measures shall be taken to avoid the potential of drift to occur.(6) School districts are allowed to apply the following pesticides to control pests, rodents, insects and weeds at school buildings, grounds, or other facilities in accordance with the approval for use and restrictions listed for each category:(A) Green Category Pesticides.(i) Definition: A pesticide will be designated as a Green Category pesticide if it meets the following criteria:(I) it contains a CAUTION signal word on the product label, unless no signal word is required to appear on the product label as determined by EPA; and(II) it consists of the active ingredient boric acid; disodium octoborate tetrahydrate or related boron compounds; silica gel; diatomaceous earth; or belongs to the class of pesticides that are insect growth regulators; microbe-based insecticides; botanical insecticides containing no more than 5% synergist (and does not include synthetic pyrethroids); biological (living) control agents; pesticidal soaps; natural or synthetic horticultural oils; or insect and rodent baits in tamper-resistant containers; or for crack-and-crevice use only;(ii) Approval for Use: Green Category pesticides do not require prior written approval. These pesticides may be applied at the licensee's discretion under the guidelines of the school district IPM program.(iii) Restrictions:(I) Green Category pesticides may be applied indoors if students are not present and are not expected to be present in the room or treated area at the time of application. Reentry into the treated area is permitted as soon as the application is complete, the pesticide spray has dried, or the reentry interval specified on the pesticide label has expired, whichever interval is longer.(II) Green Category pesticides may be applied outdoors if students are not present within ten (10) feet of the application site at the time of treatment. Students are allowed reentry into the treated area as soon as the application is complete, the pesticide spray has dried or the reentry interval specified on the pesticide label has expired, whichever interval is longer.(B) Yellow Category Pesticides.(i) Definition: A pesticide will be designated as a Yellow Category pesticide if it meets the following criteria:(I) it contains a CAUTION signal word on the product label, unless no signal word is required to appear on the product label as determined by EPA; and(II) it does not meet the criteria to be designated as a Green Category pesticide under subparagraph (A)(i) of this paragraph.(ii) Approval for Use: Yellow Category pesticides require written approval from the certified applicator prior to their use. Yellow Category pesticide approvals shall have a duration of no longer than six (6) months or six (6) applications per site, whichever occurs first.(iii) Restrictions:(I) Yellow Category pesticides may be applied indoors if students are not present or not expected to be present in the room or treated area within the next four (4) hours following the application, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.(II) Yellow Category pesticides may be applied outdoors if students are not present or not expected to be present within ten (10) feet of application site and the area is secured and reentry is in accordance with this section for no less than four (4) hours, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.(III) The treated area must be clearly posted at all entry points with a sign, or secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed reentry time.(C) Red Category Pesticides.(i) Definition: A pesticide will be designated as a Red Category Pesticide if it meets the following criteria:(I) it contains a WARNING or DANGER signal word on the product label; and(II) it contains an active ingredient that has been designated as a restricted use pesticide, a state-limited-use pesticide or a regulated herbicide; and it does not meet the criteria to be designated as a Green Category pesticide under subparagraph (A)(i) of this paragraph, or a Yellow Category pesticide under subparagraph (B)(i) of this paragraph.(ii) Approval for Use: Prior to the application, licensees must provide written justification to the IPM Coordinator for the use of the Red Category pesticide and must obtain signed approval for the application from the IPM Coordinator. Red Category pesticide approvals shall have a duration of no longer than three (3) months or three (3) applications per site, whichever occurs first.(iii) Restrictions.(I) Red Category pesticides may be applied indoors if students are not present and are not expected to be present in the room or treated area within eight (8) hours following the application, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.(II) Red Category pesticides may be applied outdoors if students are not present within twenty-five (25) feet of the application site, the area is secured in accordance with this section, and reentry by students is prohibited for no less than eight (8) hours, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.(III) The treated area must be clearly posted at all entry points with a sign, or secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed reentry time.</content><note type="source"><p>Source Note: The provisions of this §7.204 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c7/scH/s7.205"><num value="7.205">§7.205</num><heading>Incidental Use for Schools</heading><content>(a) The Incidental Use For Schools Fact Sheet must contain the following text: "This fact sheet must be distributed to all employees of school districts who apply general use Green Category pesticides (or Yellow Category pesticides specific to ant, bee and wasp applications) and are not licensed by the Texas Department of Agriculture. The fact sheet, instruction and training must be provided upon initial employment by the school district's IPM Coordinator, and thereafter must be available as needed. These general use Green Category pesticides include insecticides only and involve applications made both inside and outside of structures. Incidental Use is not intended for long term or extensive pest control measures, rather emergency situations where safety of students or workers is at risk and there is insufficient time to contact a licensed applicator. Where long term pest control is required, a trained, licensed person is to make the applications. Examples of Incidental Use situations are treating fire ants in a transformer box or treatments for bees or wasps as a non-routine application to protect children or personnel. Incidental Use is defined as site-specific and incidental to the employee's primary duties. If it is part of the employee's primary duty to make applications of pesticides, that employee is required by law to obtain a Texas Department of Agriculture license, depending on the location and type of application. In all cases of incidental use, the employee should use the least hazardous, effective method of controlling pests. All applications to schools or school grounds must be in compliance with school district IPM policies. If chemicals are utilized, they must be applied in strict accordance with manufacturer labels of products being used. Applications made inconsistent with the Department's law and regulations, or applications made inconsistent with the label requirements of the product may result in an enforcement action being taken against the individual and/or the certified applicator or technician responsible. Incidental pesticide use in schools is regulated by the Texas Department of Agriculture. If you have any questions or comments, contact the Texas Department of Agriculture, phone number 1-866-918-4481 or P.O. Box 12847, Austin, Texas 78711-2847."(b) The Incidental Use For Schools Fact Sheet must be provided during pesticide instruction and training by the IPM Coordinator to each employee of the school district whose primary duty is not pest control, and whose work may include tasks subject to the exception. The IPM Coordinator must keep records of all the training conducted annually.(c) Primary duty is defined as a job duty that is part of a written job description or is a regularly assigned task of the employee.(d) Pest control use records for all incidental pesticide use application, including the reason for application and justification for emergency, must be maintained by the IPM Coordinator for a period of two (2) years.(e) Incidental pesticide use in school districts is limited to insecticides that are Green and Yellow Category pesticides.</content><note type="source"><p>Source Note: The provisions of this §7.205 adopted to be effective December 21, 2015, 40 TexReg 9116; amended to be effective January 16, 2023, 48 TexReg 129.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c8"><num value="8">CHAPTER 8</num><heading>AGRICULTURAL HAZARD COMMUNICATION REGULATIONS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c8/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.1"><num value="8.1">§8.1</num><heading>General Provisions</heading><content>(a) Purpose. The purpose of this chapter is to:(1) provide agricultural workers and their designated representatives with access to information regarding certain hazardous chemicals to which they may be exposed during their normal employment activities, during reasonably foreseeable emergency situations, or as a result of their close proximity to areas where those chemicals are used;(2) provide access to information regarding hazardous chemicals to certain emergency service organizations responsible for dealing with chemical hazards during emergency situations in close proximity to residential areas, to provide the department with access to information regarding chemicals covered by the Act and this chapter, and to provide members of the community with information about hazardous chemicals used or stored in close proximity to their residences; and(3) provide treating medical personnel and authorized persons, including persons conducting epidemiological research, with access to information regarding chemicals covered by the Act and this chapter.(b) Compliance with the Hazard Communication Act. A covered employer shall comply with the requirements of the Act and this chapter except insofar as the Hazard Communication Act, Texas Health and Safety Code, Chapter 502, provides equivalent requirements and the covered employer is in compliance with those requirements.(c) Compliance with WPS. The department, after review and comparison of the Act, this chapter, and the WPS, has determined that the purpose of all these standards is to protect and communicate possible hazards to which agricultural laborers may be exposed in the workplace. A covered employer shall comply with the requirements of the Act and this chapter. However, if an employer covered by the Act and this chapter complies with applicable provisions of WPS and the following additional and more stringent requirements of this chapter, the employer will be considered to be in compliance with the Act and this chapter:(1) recognizing the use of a designated representative by an agricultural laborer as provided for in the Act and §8.5 of this chapter (relating to Designated Representative);(2) complying with requirements regarding the compilation, maintenance, and provision of the Workplace Chemical List and attachments as provided in §8.7 of this chapter (relating to Workplace Chemical List);(3) obtaining a Material Safety Data Sheet from manufacturers and distributors in accordance with §8.6 of this chapter (relating to Material Safety Data Sheet);(4) complying with §8.11(f)(3) of this chapter (relating to Training Program) which provides that a covered employer may not refuse to hire a laborer solely because the laborer has not completed a training program or cannot produce a training card;(5) providing and reading crop sheets to agricultural laborers in accordance with §8.8(b) of this chapter (relating to Crop Sheets) in absence of training and if they do not have a training card or they request it; and(6) complying with notification requirements to the local fire chief about chemicals stored for more than 72 hours as provided in §8.12 of this chapter (relating to Emergency Response).</content><note type="source"><p>Source Note: The provisions of this §8.1 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.2"><num value="8.2">§8.2</num><heading>Definitions</heading><content>In addition to the statutory definitions in the Act and general definitions for Title 4, Part 1 contained within Rule 1.1, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Agricultural Hazard Communication Act, Texas Agriculture Code, Chapter 125.(2) Agricultural or horticultural commodity in its unmanufactured state--An agricultural or horticultural commodity is in its unmanufactured state until the desirable portion of the agricultural plant is detached from its parent or the whole agricultural plant is separated from its growth media and removed from the work area. For horticultural commodities grown at the retail sales site, a commodity is in its unmanufactured state until it is sold and taken from the retail sales site.(3) Covered pesticide chemical--Any substance containing any element, chemical compound, or mixture of elements or compounds registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code §136 et seq. This includes general, restricted, or state-limited-use products as packaged by the manufacturer.(4) Crop sheet--A document developed by the department to fulfill the requirements of the Act, §125.010.(5) Distribute--Offer for sale, hold for sale, sell, barter, or supply.(6) Employer--(A) Any person who:(i) operates an agricultural establishment;(ii) contracts with the operator of an agricultural establishment in advance of, during, or after production to control or purchase a crop and uses a covered pesticide chemical on an agricultural or horticultural commodity in its unmanufactured state; or(iii) either directly or indirectly recruits, solicits, hires, employs, utilizes, furnishes, or supervises agricultural laborers.(B) The term "agricultural establishment" as used in this chapter means a business operation that uses paid agricultural laborers in the production of an agricultural or horticultural commodity in its unmanufactured state.(C) In no event is a labor agent, crew leader, or labor contractor considered to be an employer for purposes of the Act or this chapter. Where a labor agent, crew leader, or labor contractor is used, the employer is the person who uses or engages the services of the labor agent, crew leader, or labor contractor.(7) EPA--United States Environmental Protection Agency.(8) Farm operator--The person responsible for the overall control and management of the crop.(9) Livestock--Beef and dairy cattle, hogs, sheep, goats, poultry of all kinds, horses, rabbits, bees, exotic game animals, and fur-bearing animals in captivity.(10) Medical emergency--Any health or safety related occurrence in which information concerning a covered pesticide chemical is needed for immediate treatment or diagnosis of an injury or illness that appears to have been caused or aggravated by exposure to agricultural chemicals.(11) Member of the community--Any individual who resides, is employed, attends school, or is a parent of a child attending school, is treated in a hospital, or resides, or is treated in a nursing home within a one-quarter of a mile radius of a covered employer's work area.(12) Migrant work--Work performed by an individual who is required to be absent overnight from that individual's permanent place of residence.(13) Nursery worker--(A) A laborer employed in a nursery operation, whether licensed or unlicensed, who is engaged in the following activities:(i) sowing seeds and otherwise propagating shrubs, vines, flowers, and fruit, nut, shade, vegetable, and ornamental plants or trees;(ii) handling such plants to and from fields; or(iii) planting, cultivating, watering, spraying, fertilizing, pruning, bracing, and feeding the growing crop.(B) A worker involved solely in the retail aspect of a nursery operation or solely in a lawn care service is not considered a nursery worker for purposes of this chapter.(14) Person--Any individual, partnership, association, joint stock company, trust, cooperative, corporation, or other business entity.(15) Produce--The act of performing any of the activities specified in the definition of agricultural laborer found in §8.3 of this chapter (relating to Agricultural Laborer).(16) Registrant--Any person who has submitted an application for registration of a pesticide under the Texas Agriculture Code, Chapter 76, Subchapter C.(17) Safety emergency--Any health or safety related occurrence designated as a safety emergency by a fire chief or the fire chief's representative.(18) Seasonal work--Work of a seasonal or temporary nature. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Work is other than seasonal if it is performed for a single employer essentially on a year-round basis.(19) Service--The Texas A&M AgriLife Extension Service.(20) Store (or storage)--To have at the work area for a period of time greater than 72 hours.(21) Threshold amount--55 gallons or 500 pounds as packaged by the registrant or an amount that the department determines by rule for certain highly toxic or dangerous chemicals.(22) Trained trainers--Anyone who has completed an EPA-approved WPS train-the-trainer program or a WPS-trained handler who may train workers only.(23) Treating medical personnel--Doctor, nurse, emergency technician, clinic personnel, or hospital personnel treating an individual in connection with a possible exposure to a covered pesticide chemical.(24) Uses--Uses or causes to be used covered pesticide chemicals, or causes agricultural laborers to be present in a workplace where covered pesticide chemicals are used or stored.(25) Work area--A room, defined space, field, section, or farm where covered pesticide chemicals are stored or used and where agricultural laborers may be present. In a nursery or greenhouse, the work area is the defined treated or storage area within the nursery or greenhouse in which agricultural laborers are present.(26) Work season--Crop season.(27) WPS--The federal Worker Protection Standard, 40 Code of Federal Regulations, Part 170.</content><note type="source"><p>Source Note: The provisions of this §8.2 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective May 15, 2008, 33 TexReg 3733; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.3"><num value="8.3">§8.3</num><heading>Agricultural Laborer</heading><content>(a) The terms "agricultural laborer" or "laborer" as used in this chapter mean an individual who does one or more of the following activities at an agricultural establishment including a farm, a tree or sod farm, ranch, packing shed, greenhouse, or nursery:(1) plants, cultivates, harvests, or handles an agricultural or horticultural commodity in its unmanufactured state. "Agricultural laborer" includes, but is not limited to, field workers who plant, weed, thin, cultivate, detassel, hoe, irrigate, harvest, tie vines; nursery workers; workers who load trucks to take the commodity from the field to the packing shed ; and workers at the packing shed who handle the commodity;(2) handles a covered pesticide chemical as part of the agricultural laborer's duties at the agricultural establishment, including, but not limited to, mixing, loading, or applying a covered pesticide chemical;(3) risks exposure to a covered pesticide chemical because of the agricultural laborer's duties which include, but is not limited to, disposal of used pesticide containers on a farm, scouting, and flagging; or(4) plants, cultivates, grows, harvests, detassels, rogues, or treats seeds or seed plants of an agricultural or horticultural commodity.(b) The definition of agricultural laborer does not include:(1) farm and ranch laborers working solely with livestock;(2) persons working solely in the retail sales component of a business, such as salespersons, brokers, and marketing personnel;(3) office workers, cooks, maintenance workers, security personnel, and nonresident management, except for purposes of a gross annual payroll determination, unless their job performance routinely involves potential exposure to a covered pesticide chemical;(4) licensed commercial applicators and their employees in the normal circumstances where such an applicator is applying pesticides to the crop of some other entity. Employees of licensed commercial applicators working on an agricultural establishment owned or operated by that applicator are included within the definition of "agricultural laborer"; or(5) workers involved in mechanical harvesting in which there is no substantial contact with the treated crop and where the relevant reentry interval has expired.</content><note type="source"><p>Source Note: The provisions of this §8.3 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.4"><num value="8.4">§8.4</num><heading>Covered Employer</heading><content>(a) An employer is a "covered employer" if the employer annually uses or stores in excess of the threshold amount of any one covered pesticide chemical, and either directly, or through labor agents:(1) hires agricultural laborers to perform seasonal or migrant work and whose gross annual payroll for those laborers is $15,000 or more; or(2) hires agricultural laborers for purposes other than seasonal or migrant work and whose gross annual payroll for those laborers is $50,000 or more.(b) An employer is a covered employer if the employer meets the minimum payroll requirements described in subsection (a)(1) or (2) of this section and causes agricultural laborers to be present in a workplace(s) where the threshold amount of any one covered pesticide chemical is annually used or stored. An example of such an employer may be a packing shed or other entity which makes an agreement with a farmer to furnish agricultural laborers to produce a crop being produced at the farmer's farm. In such instances, the packing shed and the farmer would have the following responsibilities under the Act:(1) If the packing shed meets the minimum payroll requirement and covered pesticides in excess of the threshold amount are used or stored in the workplace(s) where the packing shed's agricultural laborers are present, the packing shed is responsible for complying with the requirements of these regulations for all of its employees that meet the definition of "agricultural laborer."(2) The packing shed's responsibilities extend only to the agricultural laborers furnished by the packing shed and only to the work area(s) where these laborers are present.(3) If the packing shed causes agricultural laborers to be present at more than one farm or work area, the covered chemicals used or stored at all such work areas will be totaled to determine whether more than the threshold amount is stored or used.(4) The packing shed is free to secure the assistance of others in performing particular responsibilities. For instance, it may use crew leaders or foremen to read the crop sheets and it may arrange for farmers to help compile the workplace chemical lists. However, responsibility for compliance rests solely with the packing shed.(5) The farmer in this example has no responsibility under the Act with respect to the packing shed's agricultural laborers.(6) The farmer is responsible for complying with the Act only if the farmer standing alone is a covered employer. In other words, the packing shed's agricultural laborers are not counted in determining whether the farmer meets the minimum payroll test for coverage.(7) Even where the farmer is a covered employer, the farmer's only responsibility under the Act is with respect to those agricultural laborers whom the farmer has hired directly or through a labor agent.(8) The coverage and responsibility described in this example is the same for other entities which furnish agricultural laborers to perform work on a farmer's farm, including seed producers who furnish laborers to rogue or detassel a seed crop, canneries or processors who furnish field laborers, and gins who furnish hoeing or weeding laborers.(c) Hiring "through labor agents" includes an employer who contracts with or utilizes a crew leader or labor contractor to provide harvesters or other agricultural laborers.(d) Amounts paid by an employer to a labor agent, crew leader, or labor contractor are considered part of the employer's gross annual payroll for purposes of subsection (a) of this section.(e) Where an employer uses or stores any covered pesticide chemicals in more than one work area or workplace, the total amount used in all such work areas and workplaces shall be counted to determine whether he or she annually uses in excess of the threshold amount.(f) An employer who purchases in excess of the threshold amount of a covered pesticide chemical at one time or within a period of one calendar year is presumed to have used or stored in excess of the threshold amount of a covered pesticide chemical.</content><note type="source"><p>Source Note: The provisions of this §8.4 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.5"><num value="8.5">§8.5</num><heading>Designated Representative</heading><content>(a) Representative designated by written authorization. A designated representative is an individual or organization to whom an agricultural laborer gives written authorization to exercise the laborer's rights under the Act and this chapter.(b) Recognized or certified representatives.(1) Certified collective bargaining agent. A certified collective bargaining agent is a person or unit that has been sanctioned by a governmental body to represent agricultural laborers in matters of wages and working conditions. A certified collective bargaining agent is not required to have written authorization from the agricultural laborer who the certified collective bargaining agent represents.(2) Recognized collective bargaining agent. A recognized collective bargaining agent is a person or unit that has been acknowledged in a collective bargaining contract between an employer and an agricultural laborer. A recognized collective bargaining agent is not required to have a written authorization from the agricultural laborer who the recognized collective bargaining agent represents in order to exercise the laborer's rights under the Act.(3) Certified designated representative. A certified designated representative is a person who has been approved for certification by the department. In order to become a certified designated representative, an individual or organization shall submit a request for certification as a designated representative to the department. The request shall include the requester's name and address, the name of the agricultural laborer's employer, the address of the agricultural laborer's employer, if known, and a description of which of the laborer rights under the Act the designated representative intends to exercise. The laborer's written authorization shall be attached to the request and processed by the department as follows:(A) The department shall review the request and determine whether to accept or reject it within two business days after receipt. If the department determines that the request fulfills the requirements of the Act and this chapter, the department shall certify the requester as a designated representative. The designated representative remains certified until the agricultural laborer notifies the department that the agricultural laborer has withdrawn authorization. If the department rejects the request, the department shall notify the requester of the decision and give a statement of the reasons for the rejection. A person whose request has been rejected may attempt to address the reasons for rejection and ask that the request be reconsidered. Alternatively, the requester may appeal the rejection to the commissioner. A person not satisfied with the decision of the commissioner may appeal in the manner provided for contested cases under the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.(B) A certified designated representative is not required to reveal to anyone other than the department the identity of the agricultural laborer represented. The department shall maintain the laborer's anonymity, unless the laborer waives it.(C) A covered employer shall recognize a requester as a designated representative after receiving notice of certification by the department.</content><note type="source"><p>Source Note: The provisions of this §8.5 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.6"><num value="8.6">§8.6</num><heading>Material Safety Data Sheet</heading><content>(a) Defined. Generally referred to as a "safety data sheet" (SDS), a material safety data sheet is a document containing chemical hazard and safe handling information that is prepared in accordance with the requirements of the Occupational Safety and Health Administration (OSHA) standard for that document. In the case of a chemical labeled under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code §§136 et seq., for which an SDS is both unavailable and not required under the federal OSHA hazard communication standard, a product label, or other document equivalent to an SDS, which contains precautionary statements, such as hazards to humans and domestic animals, and environmental, physical, or chemical hazards, including warning statements, may serve as an SDS.(b) Responsibilities of manufacturers and distributors.(1) A registrant, chemical manufacturer, or distributor shall provide the most current appropriate SDS, product label, or equivalent documentation to any person in this state to whom that entity distributes a covered pesticide chemical.(2) A chemical manufacturer or distributor shall provide, in a timely manner, the most current appropriate SDS to covered employers upon request.(3) A registrant or chemical manufacturer shall ensure that all SDSs for all covered pesticide chemicals that entity distributes are correct and current.(4) A registrant shall provide with the registration application a copy of the most current appropriate SDS for each pesticide for which the registrant is applying for registration.(5) A chemical manufacturer or distributor shall submit to the department a copy of the most current appropriate SDS for all fertilizers with covered pesticide chemicals.(6) Retail outlets that distribute pesticide chemicals to the general public only for nonagricultural purposes are exempted from this section.(c) Responsibilities of covered employers.(1) A covered employer is responsible for obtaining and maintaining the most current appropriate SDS, product label, or equivalent documentation for each covered pesticide chemical the covered employee buys, applies, or causes another to apply.(2) A covered employer who has not been provided with an SDS for a covered pesticide chemical shall request the most current appropriate SDS product label, or equivalent documentation in writing from the manufacturer or distributor in a timely manner.(3) A covered employer shall make an SDS, product label, or equivalent documentation for covered pesticide chemicals accessible to agricultural laborers, designated representatives, treating medical personnel, members of the community, the department, and emergency personnel in the same manner as the workplace chemical list is to be made accessible to those persons in §8.7(c) of this chapter (relating to Workplace Chemical List).</content><note type="source"><p>Source Note: The provisions of this §8.6 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.7"><num value="8.7">§8.7</num><heading>Workplace Chemical List</heading><content>(a) Defined. A workplace chemical list (WCL) is a form that must be completed with the information required by the Act, § §125.004-.005. In order to determine whether the covered pesticide chemical must be listed, a covered employer shall total the quantities of pesticide products containing the same active ingredient to determine whether more than the threshold amount of any covered pesticide chemical is actually used or stored annually in the workplace. In order to determine total quantities when both liquid and dry formulations of a covered pesticide chemical have been used or stored, the covered employer shall convert pounds to gallons or gallons to pounds using the ratio 9.09 pounds/gallon or .11 gallon/pound. The following documents or information shall be attached to the workplace chemical list:(1) the material safety data sheet, generally referred to as the "safety data sheet" (SDS) for each chemical listed on the workplace chemical list, or in the case for which an SDS is both unavailable and not required under the federal Occupational Health and Safety Administration hazard communication standard, a product label, or equivalent documentation;(2) crop sheets and other health and safety data provided by the department that the covered employer has been required to distribute to the covered employer's agricultural laborers; and(3) an estimate of the amount of the product applied and estimate of the number of acres treated. The department's workplace chemical list form will include a space in which the covered employer may provide this information.(b) Responsibility to compile and maintain a workplace chemical list.(1) The department shall prescribe a form for the workplace chemical list required by the Act. The form shall include places in which a covered employer shall list the name of the crop(s), the product name of all covered pesticide chemicals that are applied to the crop and/or stored at the workplace in excess of the threshold amount, the locations and dates of the application of all covered pesticide chemicals used, and the storage locations of the covered pesticide chemicals at the workplace. The department may approve a computerized format if the format fulfills the requirements of the Act.(2) A covered employer shall compile and maintain a workplace chemical list for covered pesticide chemicals as specified in subsection (a) of this section.(3) The covered employer may choose to maintain a single list for each crop, each work area, or each workplace, provided that the list contains sufficient information to identify the date and location of pesticide application(s) and the name(s) of the pesticide(s) applied.(4) If the list is compiled by workplace containing various work areas in different counties, copies of the list shall be kept at the place of business closest to the work area.(5) The covered employer is responsible for obtaining the workplace chemical list form from a department regional office or the department website and is not relieved of these duties under the Act and this chapter because he or she has not received a form from the department.(6) A covered employer's responsibility to maintain a workplace chemical list includes the entering of information regarding the application of covered pesticide chemicals as they are applied, used, or stored in excess of the amounts specified in subsection (a) of this section.(7) The covered employer shall either:(A) maintain workplace chemical lists and attachments at the principal place of business in Texas for 30 years; or(B) file workplace chemical lists and attachments with the department annually.(8) Any covered employer who wishes to file these records with the department shall include the covered employer's identification number. Records should be sent to the Texas Department of Agriculture, Pesticide Program, P.O. Box 12847, Austin, Texas 78711. Records for each calendar year shall be filed by January 31 of the following year. The department shall issue a receipt acknowledging records have been received from the covered employer.(9) If the department determines that a covered employer repeatedly fails to maintain the workplace chemical list and its attachments as required, the department may require the covered employer to file annually the list and attachments with the department.(10) If a workplace ceases to be used for the agricultural activities for which the workplace chemical list and attachments are required, the covered employer shall send the workplace chemical lists and attachments to the Texas Department of Agriculture, Pesticide Program, P.O. Box 12847, Austin, Texas 78711.(11) If the agricultural activities for which the workplace chemical list and attachments are maintained continue at a workplace but the covered employer is succeeded or replaced in function by another person, the successor shall comply with the provisions of this subsection. The successor is not liable for violations of the Act or this chapter committed by his predecessor unless the transaction(s) leading to the transfer were undertaken for the purpose of avoiding responsibility for violations of the Act or this chapter.(12) A licensed commercial applicator may satisfy the obligations to keep records under the Texas Agriculture Code, §76.114, and §7.33 of this title (relating to Records of Application, and to maintain the workplace chemical list by maintaining a single record, provided that the records maintained comply with all of the requirements of this section as well as of §7.33 of this title (relating to Records of Application). The department will develop a form for the workplace chemical list which satisfies the recordkeeping requirements for applicators.(c) Access to the workplace chemical list.(1) A covered employer shall make the workplace chemical list and attachments accessible to an agricultural laborer, a designated representative, treating medical personnel, or a member of the community. The term "accessible" as used in this chapter means:(A) in nonemergency situations, the term "accessible" means that the documents or information shall be provided to a requester for reading or copying, within a reasonable period of time, but in no event more than five normal working days from the time of a reasonable request. The term "reasonable request" as used in this section means a request made orally or in writing either directly to the covered employer, a managerial or supervisory employee employed by the covered employer's place of business, or an employee designated by the covered employer to receive such requests during normal working hours at the workplace or the employer's place of business;(B) in the case of a medical or safety emergency, the term "accessible" means that the document or information shall be given immediately to the requester authorized by the Act and this chapter regardless of when the request is made.(2) A designated representative or treating medical personnel is not required to identify the agricultural laborer being represented or treated.(3) Before a covered employer allows an agricultural laborer to work with a covered pesticide chemical or in a work area where a covered pesticide chemical is used or stored, the covered employer shall inform the agricultural laborer orally or in writing of the existence of the workplace chemical list and its location.(4) If the covered employer has filed the workplace chemical list with the department, the covered employer shall inform the requester that the requested workplace chemical list is available from the department and provide the department's contact information.(5) If a covered employer refuses to make accessible the workplace chemical list and attachments to a designated representative, treating medical personnel, or member of the community, that person may notify the appropriate regional office of the department of the request and of the covered employer's refusal.(6) When the department is notified that a covered employer has refused to provide a copy of the workplace chemical list and attachments to a designated representative, or member of the community, the department shall, within two working days from the day of receiving the notice, request the covered employer to provide the department with the list and attachments. The department's request to the covered employer may be either oral or written.(7) If the department, on behalf of a designated representative, requests a copy of the workplace chemical list and attachments from the covered employer, the covered employer shall provide the copy to the department within 24 hours of the request.(8) If the department, on behalf of a member of the community, requests a copy of the workplace chemical list and attachments from the covered employer, the covered employer shall provide the copy to the department within 14 days of the request.(9) A covered employer may not refuse to provide the workplace chemical list form and attachments to an employee or treating medical personnel.(d) Department workplace chemical list files.(1) The department may request a copy of any workplace chemical list and attachments from any covered employer.(2) The department shall maintain and preserve the data from each workplace chemical list and attachments filed for 30 years.(3) The department shall make this data available upon request to an agricultural laborer, designated representative, member of the community, treating medical personnel, and other medical and health care personnel.</content><note type="source"><p>Source Note: The provisions of this §8.7 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.8"><num value="8.8">§8.8</num><heading>Crop Sheets</heading><content>(a) Development of crop sheets.(1) The department shall develop crop sheets which contain information relevant to specific crops including pesticides most commonly used on particular crops, the acute and chronic health effects of these pesticides, ways to minimize pesticide exposure, recommended medical emergency measures, and agricultural laborers' rights.(2) For purposes of developing crop sheets and complying with other provisions of the Act and this chapter, the department will consider each of the following logical groupings to be a single crop:(A) nursery stock; and(B) citrus.(3) The information on crop sheets shall be provided in both English and Spanish.(4) The department may provide crop sheets in other languages commonly used by agricultural laborers who work with a particular crop.(5) The department shall annually provide to each covered employer copies of appropriate crop sheets for crops grown in the relevant region. If a covered employer has not received a crop sheet for any crop that the covered employer grows, the covered employer shall request appropriate crop sheets from the local regional office of the department or the Service.(6) The department shall update and distribute crop sheets as significant new information becomes available.(b) Providing and reading crop sheets to laborers.(1) A covered employer shall provide an appropriate crop sheet and ensure that the information on the crop sheet designated by the department is read to each agricultural laborer including each laborer assigned to a new crop. This information shall be read in either Spanish or English, as appropriate. The most current crop sheets for the crops the laborer will be working with shall be provided and read on the first day of the work season or the first day the laborer begins employment, whichever is later. For nursery or greenhouse workers, the work season shall be deemed to run from January 1 to December 31 of each calendar year. The covered employer shall provide and ensure that the appropriate information on crop sheets is read prior to the time the laborer begins to work.(2) A covered employer may comply with the obligation under paragraph (1) of this subsection to ensure that the appropriate information is read by playing to laborers a tape recording of the information required to be read.(3) A covered employer shall inform those agricultural laborers to whom the covered employer is required to read a crop sheet, including each laborer who is assigned to a different crop or job, of the product name of the covered pesticide chemical, the date and time it was last applied or is scheduled to be applied to the work area, and the expiration date of its reentry interval, except that such information is not required to be provided to those agricultural laborers who are not field laborers. An example of this type of agricultural laborer is a packing shed worker who works only in the shed.(4) A covered employer does not have to provide or read a crop sheet or provide the information described in paragraph (3) of this subsection to an agricultural laborer who has a card issued under the Act, §125.009(g), except that a crop sheet is required to be provided to any agricultural laborer upon request.(5) A covered employer shall provide crop sheets and the information described in paragraph (3) of this subsection to any agricultural laborer upon request.(6) A covered employer may comply with the requirements of paragraph (1) of this subsection for its agricultural laborers who are not field workers by posting in a conspicuous place at the work area a replica of the crop sheets for crops which are handled by those laborers. The posters must be at least 14 inches by 22 inches and must contain all of the information included on the crop sheet(s) for crops handled by those laborers.(c) A covered employer shall offer to each agricultural laborer, on the day on which the laborer is first paid for that work season, basic safety and health-related information provided to the covered employer by the department.</content><note type="source"><p>Source Note: The provisions of this §8.8 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.9"><num value="8.9">§8.9</num><heading>Providing Protective Clothing, Equipment, and Devices</heading><content>A covered employer shall provide for use and at no cost to each agricultural laborer employed by the covered employer any protective clothing, equipment, or device that is specified on the label for the activities in which the agricultural laborer is engaged as part of the agricultural laborer's duties. If the label does not specify protective clothing, then the covered employer shall provide the protective clothing, equipment, or device specified in the most current appropriate material safety data sheet (generally referred to as the safety data sheet), crop sheet, or as provided in Chapter 7, Subchapter D of this title (relating to Use and Application), whichever is more protective. This section does not require that the covered employer provide the long sleeve shirts, pants, shoes, and socks customarily provided by the agricultural laborers.</content><note type="source"><p>Source Note: The provisions of this §8.9 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.10"><num value="8.10">§8.10</num><heading>Retaliation</heading><content>(a) A covered employer, employer's representative, labor agent, or crew leader may not take any retaliatory actions against any agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted the department's inspectors, instituted any proceeding under or related to the Act or this chapter, testified or is about to testify in such a proceeding, or exercised any rights afforded under the Act or this chapter on behalf of the agricultural laborer or on behalf of others. Under this section, retaliatory actions include discharge, causing to be discharged, discipline, or adversely affecting the agricultural laborer's pay, position, seniority, or other benefits.(b) An employer may not ask or require an agricultural laborer, as a condition of employment, to waive any rights under the Act or this chapter.</content><note type="source"><p>Source Note: The provisions of this §8.10 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.11"><num value="8.11">§8.11</num><heading>Training Program</heading><content>(a) Development of training program. The department, in conjunction with the service, shall develop an ongoing training program for agricultural laborers.(b) Training provided by the department.(1) The department shall provide the training program in counties with a hired farm labor work force of 2,000 or more, according to the most recent United States Census of Agriculture.(2) The department shall provide training in the following additional counties which it has determined as having a significant farm labor work force: Bexar, Cameron, Castro, Dawson, Deaf Smith, Erath, Floyd, Fort Bend, Frio, Gonzales, Hale, Hockley, Lamb, Lubbock, McLennan, Matagorda, Milam, Pecos, Starr, Terry, Uvalde, Van Zandt, Waller, Willacy, and Zavala.(3) As part of the training program, and when possible, the department shall provide agricultural laborers with appropriate crop sheets and reentry information.(c) Training provided by the Service. The Service shall provide training in all remaining counties.(d) Notification of training. The department or the Service shall notify agricultural laborers on a regular basis of the availability of training programs.(e) Training provided by others. For purposes of these regulations and the Act, §125.009(e), covered employers and their managers or their labor contractors may train employees if the covered employers and their managers or labor contractors are certified applicators or trained trainers.(1) Agricultural laborers trained in a state other than Texas, and possessing a current EPA WPS training verification card, will be considered trained for purposes of the Act and these regulations.(2) Worker training programs which meet the minimum requirements of the WPS worker training are approved for workers who work under conditions specified under WPS, 40 CFR Part 170.130. Workers having completed this training are considered trained under the Act and these regulations.(3) Handler training programs which meet the minimum requirements of the WPS handler training are approved for handlers who work under conditions specified under WPS 40 CFR Part 170.230. Handlers having completed this training are considered trained under the Act and these regulations.(f) Certification of completion of training.(1) When an agricultural laborer completes a training program, the trainer shall provide the agricultural laborer with an EPA training verification card for WPS training.(2) The training agency and the training individual shall comply with the following requirements:(A) maintain a record for five years of all agricultural laborers who complete the training program and are given a department-issued EPA WPS training verification card. These records must include at least a copy of each dated class roster signed by the trainer and each trainee, showing the verification card number issued to the trainee, and the city or county and state where the training occurred;(B) issue EPA WPS training verification cards only to trainees who have been trained in accordance with the requirements of the WPS, including the correct use of training materials developed or approved by EPA;(C) record trainee information on the verification cards, in ink or other indelible form;(D) issue EPA WPS training verification cards that match EPA specifications or that comply with state variations from such specifications that have prior approval from EPA; and(E) promptly respond to requests from EPA, state or tribal agencies or covered employers for information concerning issued EPA WPS training verification cards.(3) A covered employer shall not refuse to hire an agricultural laborer solely because the laborer has not completed a training program or cannot produce a card.(g) Access to training materials by covered employers.(1) The department shall prepare appropriate training materials for covered employers, their managers, and their labor contractors to be used for training purposes. For the purposes of compliance with these regulations, the department has determined that the EPA WPS training program for agricultural workers and pesticide handlers meets or in some instances exceeds training requirements of the Act and these regulations.(2) These training materials may be obtained from sources identified and approved by EPA for use in WPS trainings.</content><note type="source"><p>Source Note: The provisions of this §8.11 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective May 15, 2008, 33 TexReg 3733; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c8/sc/s8.12"><num value="8.12">§8.12</num><heading>Emergency Response</heading><content>(a) Covered employers.(1) A covered employer who normally stores covered pesticide chemicals within one-quarter of a mile of a residential area composed of three or more private dwellings shall provide to the fire chief of the fire department having jurisdiction over the storage place the name(s) and telephone number(s) of a knowledgeable representative(s) of the covered employer who can be contacted for further information, or in case of an emergency. This information shall be in writing.(2) A covered employer, upon reasonable request, shall provide a copy of the workplace chemical list and attachments to the fire chief having jurisdiction over the storage place.(3) A covered employer shall notify the fire chief of any significant changes in any workplace chemical list including changes in the types of covered pesticide chemicals being stored, a substantial increase in the volume of covered pesticide chemicals, a change in the storage location of covered pesticide chemicals, or a change in the identity of the employer's representative.(4) A covered employer shall allow the fire chief having jurisdiction over the storage place, or the fire chief's representative, upon reasonable request, to conduct on-site inspections of the chemicals on the workplace chemical list to prepare fire department emergency response activities.(b) Other farm operators and other entities.(1) Farm operators who are not covered employers and other entities who normally store covered pesticide chemicals in an amount in excess of the threshold amount within one-quarter of a mile of a residential area composed of three or more private dwellings shall provide to the fire chief having jurisdiction over the storage place, in writing, the name(s) and telephone number(s) of a knowledgeable representative(s) of the farm operator or other entity who can be contacted for further information, or in case of an emergency. The threshold amount shall be based upon the sum of all covered pesticide chemicals normally stored.(2) Entities covered by this provision include other farm operators who are not covered employers, commercial and noncommercial applicators, pesticide dealers, chemical manufacturers, chemical distributors, and storage facilities.</content><note type="source"><p>Source Note: The provisions of this §8.12 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective February 13, 2023, 48 TexReg 655.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c9"><num value="9">CHAPTER 9</num><heading>SEED QUALITY</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c9/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c9/scA/s9.1"><num value="9.1">§9.1</num><heading>Definitions</heading><content>In addition to the definitions in the Texas Agriculture Code, Chapter 61, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Cultural practice--The control of weeds by either mechanical or chemical means or a combination of both.(2) Germination--In seed laboratory practice, the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.(3) Hybrid--The first generation of seed of a cross produced by controlling the pollination and by combining two or more inbred lines; one inbred or a single cross with an open pollinated variety; or two selected clones, seed lines, varieties, or species. The second generation or subsequent generations from such crosses shall not be regarded as hybrids.(4) Kind--One or more related species or subspecies which singly or collectively is known by one common name (example: corn, oat, alfalfa, and timothy).(5) Licenses--Includes all Texas Tested Seed Labels, Reporting Systems Permits and Vegetable Seed Licenses.(6) Lot--A definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.(7) Noxious weed seed--Seeds, bulblets, or tubers of certain species designated in §9.9 of this chapter (relating to Noxious Weed Seed) and considered highly objectionable and difficult to eradicate. Noxious weed seeds are divided into two classes, prohibited and restricted, and defined as follows:(A) Prohibited noxious weed seeds are the seeds or bulblets of weeds that reproduce by seed and/or spread by underground roots, stems, and other reproductive parts, and which, when established, are highly destructive and difficult to control by ordinary good cultural practice;(B) Restricted noxious weed seeds are the seeds of such weeds that are objectionable in fields, lawns, and gardens, but can be controlled by good cultural practices.(8) Permittee--One who holds a permit issued by the department, authorizing the holder thereof to pay agricultural seed inspection fees under the reporting system.(9) Person--Any individual, partnership, corporation, association, trustee, receiver, governmental subdivision, or public or private organization of any character.(10) Pure seed--Shall include all seeds of each kind, or each kind and variety under consideration present in excess of 5.0% of the whole.(11) Pure Live Seed--The percentage of pure seeds in a seed lot that have the ability to germinate. The percentage of pure live seed is determined by multiplying the percentage of germination (including dormant seed) by the percentage of pure seed and dividing by 100.(12) Ultimate consumer--A person who purchases seed with no intention to resell the seed.(13) Variety--A subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.</content><note type="source"><p>Source Note: The provisions of this §9.1 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c9/scB"><num value="B">SUBCHAPTER B</num><heading>CLASSIFICATION OF LICENSES</heading><section identifier="/us/state/tx/tac/t4/p1/c9/scB/s9.2"><num value="9.2">§9.2</num><heading>Agricultural Seed</heading><content>(a) In addition to the requirements of the Texas Agriculture Code (Code), §61.011, any person who sells, offers, exposes, or otherwise distributes for sale agricultural seed within this state for planting purposes shall pay an inspection fee thereon by purchasing Texas Tested Seed Labels or by the Reporting System Permit. A person may not use both the Texas Tested Seed Label and the Reporting System Permit during the same quarter except when the person's previously purchased supply of Texas Tested Seed Labels is exhausted and the person is changing from the Texas Tested Seed Label to the Reporting System Permit. Invoices must reflect if the inspection fee was paid by means of Texas Tested Seed Labels. Any change from the Reporting System Permit to the Texas Tested Seed Label or vice versa must begin on the first day of a quarter (September 1, December 1, March 1, or June 1). A person changing from the Reporting System Permit to the Texas Tested Seed Label may order such labels prior to the beginning of the quarter, provided the department is advised in writing of the person's intentions.(b) Texas Tested Seed Label. When an inspection fee is paid by means of a Texas Tested Seed Label, the person who distributes, sells, offers for sale, or exposes for sale agricultural seed shall:(1) purchase the Texas Test Seed Labels from the department at a cost of $0.45 for each 100-pound container of seed or fraction thereof; and(2) attach such label printed with all of the analysis information required under the Code, §61.004, to each container of seed sold, offered for sale, or otherwise distributed for sale for planting purposes within this state; unless the seed is sold in bulk, in which case the person selling, offering, exposing, or otherwise distributing the seed for sale shall furnish the purchaser one Texas Tested Seed Label for each 100 pounds of seed or fraction thereof.(c) Reporting system. When an inspection fee is paid by means of the reporting system, the following shall apply:(1) A person desiring to pay inspection fees under the reporting system shall first make application to the department on an "Application for Permit to Pay Inspection Fee by the Reporting System" form prescribed by the department.(2) Upon approval, the department shall issue a "Permit to Pay Inspection Fee by Reporting System" and issue the permittee a permit number. Said permit shall remain in force and effect until the permittee requests its cancellation in writing, or until canceled, suspended, or modified by the department.(3) The permittee shall pay an inspection fee of $0.45 for each 100 pounds of agricultural seed sold or otherwise distributed for sale for planting purposes within the state.(4) Records must be kept by the permittee showing the total pounds of each lot identified as to the kind and variety (when applicable). In addition, for auditing purposes, records must be kept by the permittee showing the invoice number for each distribution of seed, identified with the name of the kind and variety (when applicable), the lot number, pounds of seed, number of containers of seed, and the person to whom the seed was distributed.(5) Each permittee on the reporting system must file with the department a "Quarterly Report of Agricultural Seed Sales" on a form prescribed by the department. If a permittee has no sales during the quarterly reporting period, the department must be notified accordingly.(6) Inspection fee(s) can be waived on subsequent sale(s) of returned seed which occur during the same germination period, if in the auditor's opinion invoices adequately reflect that an inspection fee has already been paid.(7) When an inspection fee is paid by a person other than the person required to be named on the label of the agricultural seed, the permit number must be shown on the label.(8) The penalty for a late filing of quarterly reports shall be $50 or 10% of the amount of the fee due, whichever is greater.</content><note type="source"><p>Source Note: The provisions of this §9.2 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective September 1, 2003, 28 TexReg 7345; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9618; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c9/scB/s9.3"><num value="9.3">§9.3</num><heading>Vegetable Seed</heading><content>(a) A person may not sell, offer, expose, or otherwise distribute for sale vegetable seed for planting purposes in this state unless such person first obtains a vegetable seed license from the department.(b) A person desiring a vegetable seed license shall submit to the department an "Application for Vegetable Seed License" form prescribed by the department accompanied by a license fee in the amount of $350.(c) A vegetable seed license must be obtained by each person whose name and address appears on the label of the seed.(d) Upon approval of an application and the receipt of the license fee, the department shall issue a vegetable seed license to the applicant.(e) A Vegetable Seed License issued under this section shall remain in force and effect until:(1) the expiration date of the license;(2) canceled upon written request of the licensee; or(3) canceled, suspended, or modified by the department.(f) A vegetable seed license issued under this section may be renewed by a licensee if the licensee applies for such renewal.(g) The requirement for a vegetable seed license is waived for a person who sells vegetable seed in original containers of original sellers that bear labeling information adequately reflecting the requirements of §9.7 of this chapter (relating to Vegetable Seed).</content><note type="source"><p>Source Note: The provisions of this §9.3 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective September 1, 2003, 28 TexReg 7345; amended to be effective October 4, 2004, 29 TexReg 9353; amended to be effective September 29, 2005, 30 TexReg 6046; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9618; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c9/scC"><num value="C">SUBCHAPTER C</num><heading>SEED TESTING</heading><section identifier="/us/state/tx/tac/t4/p1/c9/scC/s9.4"><num value="9.4">§9.4</num><heading>Procedures and Tolerances</heading><content>The department hereby adopts by reference Rules for Testing Seeds of the Association of Official Seed Analysts, as to procedures, methods, and tolerances for seed testing, except that in enforcement, no tolerance will be allowed for balloonvine, castorbean, field bindweed, hedge bindweed, itchgrass, serrated tussock, or tropical soda-apple. A tolerance of one will be allowed for cocklebur. A tolerance of one will be allowed for nutsedge tubers in a two-pound sample. If nutsedge tubers are found in excess of this tolerance, an additional 50 pounds will be required for testing. The tolerance of one nutsedge tuber will be allowed in this 50-pound sample. The tolerance allowed for pure live seed will be the same as for germination. A laboratory test used for labeling purposes must be made by the department, the official state seed laboratory of another state, or a Registered Seed Technologist/Society of Commercial Seed Technologist member laboratory. Information relative to obtaining copies of the material adopted by reference may be obtained by contacting the Texas Department of Agriculture, Seed Quality Program, P.O. Box 629, Giddings, Texas 78942. A copy is also available for public inspection at the Texas Department of Agriculture, Seed Quality Program, W. H. (Bill) Pieratt Building, Giddings, Texas.</content><note type="source"><p>Source Note: The provisions of this §9.4 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective March 25, 1998, 23 TexReg 2989; amended to be effective September 1, 2003, 28 TexReg 7345; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c9/scC/s9.5"><num value="9.5">§9.5</num><heading>Seed Testing</heading><content>(a) At the request of a farmer or dealer, the department will provide for the testing of seed for germination and/or vigor. The department will also conduct red rice examination for rice samples submitted to the department as required in §10.15 of this title (relating to Genetic Seed Certification Standards). The following schedule of tests and charges per sample submitted shall be applicable to all services of testing of agricultural seed and vegetable seed conducted by the department:(1) standard germination only test: $60 for each component;(2) standard germination only test on grasses: $90 for each component;(3) vigor test: $45 for each component;(4) examination 10-pound rice seed sample for presence of red rice: $45 each; and(5) examination 50-pound rice seed sample for presence of red rice: $85 each.(b) The following information must be given on all service samples of seed submitted to the department for testing:(1) the name, address, and phone number of the sender;(2) kind and variety, if known;(3) lot number or other stock identification;(4) test(s) desired; and(5) the name of any seed treatment substance to which the seed has been subjected.(c) The department may reject dirty or unclean seed samples.</content><note type="source"><p>Source Note: The provisions of this §9.5 adopted to be effective June 14, 2012, 37 TexReg 4183; amended to be effective January 1, 2016, 40 TexReg 9618; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c9/scD"><num value="D">SUBCHAPTER D</num><heading>LABELING PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c9/scD/s9.6"><num value="9.6">§9.6</num><heading>Agricultural Seed</heading><content>(a) All seed must be labeled according to these provisions unless clearly labeled "not for sale for sowing purposes" or some similar statement of same meaning.(b) Kinds of agricultural seed generally labeled as to variety.(1) When any of the following kinds of agricultural seed is present in excess of 5.0% of the whole, it must be labeled to show the variety name or the words "variety not stated": alfalfa; bahiagrass; barley; bean, field; beet, field; brome, smooth; broomcorn; clover, crimson; clover, red; clover, white; corn, field; corn, pop; cotton; cowpea; crambe; fescue, tall; flax; lespedeza, striate; millet, foxtail; millet, pearl; oats; pea, field; peanut; rice; rye; safflower; sorghum; sorghum-sudangrass; soybean; sudangrass; sunflower; tobacco; trefoil, birdsfoot; triticale; wheat.(2) If the name of a variety is given, the name may be associated with the name of the kind with or without the words "kind and variety."(3) The percentage of pure seed shown in such a case shall apply only to the variety except for labeling of hybrids as provided for in §9.8 of this title (relating to Hybrid Agricultural Seed).(4) If separate percentages for the kind(s), variety(s), or hybrid(s) are shown, the name of the kind and the name of the variety or the term "hybrid," or the term "variety not stated" shall be clearly associated with the respective percentages.(c) Kinds of agricultural seed generally sold on a pure live seed basis. The following kinds of agricultural seed may be labeled as to the percentage of pure live seed in lieu of the percentages of pure seed, inert matter, and germination: bermudagrass; bermudagrass, giant; bluestem: Angleton, big, caucasian, Kleberg, little, old world, sand, silky, silver, yellow; bristlegrass, plains; buffalograss; buffelgrass; dallisgrass; dropseed: giant, mesa, sand; galetta grass; grama: black, blue, hairy, side-oats; guineagrass; hardinggrass; indiangrass, yellow; Johnsongrass; kleingrass; laurisagrass; lovegrass: basuto, Lehmann, sand, sandhill, weeping, Wilman; mesquite: curly, vine; muhly, spike; needlegrass, green; panicgrass: blue, green; rhodesgrass; ricegrass, Indian; sacaton, alkali; saltbush, fourwing; sprangletop, green; switchgrass; wheatgrass: beardless, crested, intermediate, pubescent, Siberian, western, winterfat.(d) Agricultural seed may be labeled as to an expiration date in lieu of the actual date of test. If this procedure for labeling is used, the words "Texas expiration date," "expiration date," "exp. date," or "TX exp. date" must precede the month and year. Unless otherwise specified, the expiration date will be the last day of month designated.</content><note type="source"><p>Source Note: The provisions of this §9.6 adopted to be effective September 2, 1996, 21 TexReg 7800.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c9/scD/s9.7"><num value="9.7">§9.7</num><heading>Vegetable Seed</heading><content>(a) Vegetable seed in containers weighing less than one pound may be labeled as to the year for which the seed was packaged for sale in lieu of the actual date of test. If this procedure for labeling is used, the words "packed for" must precede the year. The year packed for will cover a period of time beginning August 1 of the current year through September 30 of the following year. No seed showing packed for the next year shall be offered for sale to the ultimate consumer:(1) before August 1 of present year or after September 30 of the next year; and(2) for a period of time exceeding 12 consecutive months during the year for which it was packed.(b) For vegetable seed packed in containers weighing less than one pound, the nine-month limitation of date of test, concerning germination and purity testing, is extended to 12 months, exclusive of the calendar month in which the test was completed.(c) The standards for germination of vegetable seed are as follows: artichoke: 60; asparagus: 70; asparagus-bean: 75; bean, garden: 70; bean, lima: 70; bean, runner: 75; beet: 65; broadbean: 75; broccoli: 75; brussels sprouts: 70; burdock, great: 60; cabbage: 75; cabbage, tronchuda: 75; cabbage, Chinese: 75; cardoon: 60; carrot: 55; cauliflower: 75; celeriac: 55; celery: 55; chard, Swiss: 65; chicory: 65; chives: 50; citron: 65; collards: 80; corn, sweet: 75; cornsalad: 70; cowpea: 75; cress, garden: 75; cress, upland: 60; cress, water: 40; cucumber: 80; dandelion: 60; dill: 60; eggplant: 60; endive: 70; kale: 75; kale, Chinese: 75; kale, Siberian: 75; kohlrabi: 75; leek: 60; lettuce: 80; melon: 75; mustard, India: 75; mustard, spinach: 75; okra: 50; onion: 70; onion, Welsh: 70; pak-choi: 75; parsley: 60; parnsip: 60; pea: 80; pepper: 55; pumpkin: 75; radish: 75; rhubarb: 60; rutabaga: 75; salsify: 75; savory summer: 55; sorrel: 65; soybean: 75; spinach: 60; spinach, New Zealand: 40; squash: 75; tomato: 75; tomato, husk: 50; turnip: 80; watermelon: 70.(d) Vegetable seed may be labeled with an expiration date in lieu of the actual date of test or year for which the seed was packaged. If an expiration date is used, the words "Texas expiration date," "expiration date," "exp. date," or "TX exp. date" must precede the month and year. Unless otherwise specified, the expiration date will be the last day of the month designated.(e) If vegetable seed is sold or offered for sale from jars, cans, bins, or other bulk containers to which the purchaser has access before buying, the seller shall attach to the container a label bearing all required information including the name and address of the seller.(f) Containers of seed prepackaged by the seller must be labeled in accordance with requirements applying to the specific kind(s) of seed in said prepackaged container.(g) It shall be permissible for the seller to adopt and use the analysis furnished by the original seller; however, responsibility for any alleged deficiencies in the quality of seed made subsequent to such a sale shall be with the seller.(h) The germination test period for seed sold from an opened hermetically-sealed container cannot exceed nine months from the date the container was opened. The date on which the container was opened must be designated on the container in accordance with §9.11 of this chapter (relating to Hermetically-Sealed Containers).</content><note type="source"><p>Source Note: The provisions of this §9.7 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c9/scE"><num value="E">SUBCHAPTER E</num><heading>SPECIAL PROVISIONS FOR LABELING</heading><section identifier="/us/state/tx/tac/t4/p1/c9/scE/s9.8"><num value="9.8">§9.8</num><heading>Hybrid Agricultural Seed</heading><content>(a) If any one kind or kind and variety of seed present in excess of 5.0% is hybrid seed, it shall be designated hybrid on the label. The percentage that is hybrid shall be at least 95% of the percentage of pure seed shown unless the percentage of pure seed which is hybrid is shown separately. If two or more kinds or varieties are present in excess of 5.0% and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95% but more than 90% hybrid as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid. No kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90% hybrid seed, except hybrid wheat, hybrid millet and hybrid cotton.(b) Hybrid wheat, hybrid millet and hybrid cotton shall be labeled the same as all other hybrids except that any one kind or kind and variety that has pure seed which is less than 95% but more than 75% hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show:(1) the percentage of pure seed that is hybrid seed; or(2) a statement such as "contains from 75% to 95% hybrid seed." No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75% hybrid seed.</content><note type="source"><p>Source Note: The provisions of this §9.8 adopted to be effective September 6, 1996, 21 TexReg 8097.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c9/scE/s9.9"><num value="9.9">§9.9</num><heading>Noxious Weed Seed</heading><content>It shall be unlawful to sell, offer for sale, or expose for sale any agricultural or vegetable seed for planting purposes containing noxious weed seed in excess of the following limitations per pound.(1) Prohibited noxious weed seeds are:Attached Graphic(2) Restricted noxious weed seeds and limitations per pound are:Attached Graphic(3) If bermudagrass (Cynodon dactylon) or giant bermudagrass (Cynodon spp.) occurs in excess of 5.0% of the whole by weight, its presence therein must be indicated as an agricultural seed on the labeling of such seed. When either bermudagrass or giant bermudagrass is considered an agricultural seed, the seed of the other kind, if present shall also be classified as an agricultural seed and must meet the requirements for labeling of agricultural seed.(4) Johnsongrass includes sorghum almum (Sorghum almum) and all seeds indistinguishable from Johnsongrass. If Johnsongrass occurs in excess of 5.0% of the whole by weight, its presence therein must be indicated as an agricultural seed on the label of such seed.(5) Restricted noxious weed seeds in any combination in excess of 500 per pound are prohibited from sale, provided, however, that the rate per pound of annual bluegrass, bermudagrass, giant bermudagrass, Johnsongrass and morning-glory are exempt from the total count.</content><note type="source"><p>Source Note: The provisions of this §9.9 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c9/scE/s9.10"><num value="9.10">§9.10</num><heading>Treated Seed</heading><content>Treated seed must meet the most current labeling requirements adopted in the Federal Seed Act regulations. The Department of Agriculture hereby adopts by reference the requirements found at 7 Code of Federal Regulations §201.31a. Information relative to obtaining copies of the material adopted by reference may be obtained by writing to the Texas Department of Agriculture, Seed Quality, P.O. Box 629, Giddings, Texas 78942. A copy is also available for public inspection at the Texas Department of Agriculture, Seed Quality, W.H. (Bill) Pieratt Building, Giddings, Texas.</content><note type="source"><p>Source Note: The provisions of this §9.10 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective April 1, 1997, 22 TexReg 2869.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c9/scE/s9.11"><num value="9.11">§9.11</num><heading>Hermetically-Sealed Containers</heading><content>For agricultural and vegetable seeds labeled and packed in a hermetically-sealed container; the nine-month limitation on testing is extended as provided herein, if the following conditions are met:(1) The germination test shall be completed within 36 months, not including the calendar month in which the test was completed, immediately prior to being sold or offered, exposed, or transported for sale.(2) The seed was packaged in the hermetically-sealed container within nine months after harvest.(3) The container does not allow water vapor penetration (WVP) through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity on one side of 90% and on the other side of 0.00%. WVP is measured by the standards of the U.S. Bureau of Standards as: gm. H20/24 hour/100 sq. in./100 degrees F/90% RH V. 0% RH.(4) The percentage of moisture of the seed, on a wet weight basis, does not exceed the maximum allowable percentage for that kind as shown in the following list.Attached Graphic(5) The container is conspicuously labeled to indicate:(A) that the seed is hermetically sealed;(B) that the seed has been preconditioned as to moisture content;(C) the calendar month and year in which the germination test was completed or an expiration date may be labeled in lieu of the actual date of test or year for which the seed was packaged. If this procedure for labeling is used, the words "Texas expiration date," "expiration date," "exp. date," or "TX exp. date" must precede the month and year. Unless otherwise specified, the expiration date will be the last day of the month designated; and(D) all other labeling information required by the Texas Agriculture Code, Chapter 61, and this chapter.(6) The percentage of germination of the vegetable seed at the time of packaging was equal to or above those standards set by §9.7 of this title (relating to Vegetable Seed).(7) Adequate records are kept giving the percent moisture of the seed at the time of packaging.(8) Hermetically sealed seed is not repackaged and relabeled as hermetically sealed seed.</content><note type="source"><p>Source Note: The provisions of this §9.11 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c9/scF"><num value="F">SUBCHAPTER F</num><heading>SAMPLING PROCEDURES</heading><section identifier="/us/state/tx/tac/t4/p1/c9/scF/s9.12"><num value="9.12">§9.12</num><heading>Seed Sampling Procedures</heading><content>(a) General procedure.(1) In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity. When more than one trierful of seed is drawn from a bag, different paths shall be followed. When more than one handful is taken from a bag, the handfuls shall be taken from well-separated points.(2) For free-flowing seed in bags or bulk, a probe, or trier shall be used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag should be used.(3) Nonfree-flowing seed, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions. The hand is inserted in an open position and the fingers are held closely together while the hand is being inserted and the portion withdrawn.(4) As the seed or screenings are sampled, each portion shall be examined. If there appears to be lack of uniformity, the portions shall not be combined into a composite sample but shall be retained as separate samples or combined to form individual container samples to determine such lack of uniformity as may exist.(5) When the portions appear to be uniform, they shall be combined to form a composite sample.(b) Bulk. Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls shall be taken as the minimum which would be required for the same quantity of seed or screenings in bags of a size customarily used for such seed or screenings.(c) Bags.(1) For lots of six bags or less, each bag shall be sampled. A total of at least five trierfuls shall be taken.(2) For lots of more than six bags, five bags plus at least 10% of the number of bags in the lot shall be sampled. (Round off numbers with decimals to the nearest whole number, raising 0.5 to the next whole number.) Regardless of the lot size, it is not necessary that more than 30 bags be sampled.(3) Samples shall be drawn from unopened bags except under circumstances where the identity of the seed has been preserved.(d) Small containers. In sampling seed in small containers which it is not practical to sample as required above, entire unopened containers may be taken in sufficient number to supply a minimum size sample as required below. The sample may consist of the contents of one container, or two or more containers when combined.(e) Size of sample. The following are minimum sizes of samples of agricultural seed, vegetable seed, and screenings to be submitted for analysis, test, or examination:(1) two ounces of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these;(2) five ounces of red or crimson clover, alfalfa, lespedeza, ryegrass, bromegrass, millet, flax, rape, or seeds of similar size;(3) one pound of sudangrass, proso, hemp, or seeds of similar size;(4) two pounds of cereals, vetch, sorghums, or seeds of similar or larger size; and(5) two quarts of screenings.</content><note type="source"><p>Source Note: The provisions of this §9.12 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective March 2, 2023, 48 TexReg 1028.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c10"><num value="10">CHAPTER 10</num><heading>SEED CERTIFICATION STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.1"><num value="10.1">§10.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Controlling the pollination--A method of hybridization which will produce pure seed which is at least 75% hybrid seed.(2) Field--A parcel of land clearly defined by distinct boundary lines.(3) Hybrid seed--The first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines, one inbred or a single cross with an open pollinated variety, or two selected clones, seed lines, varieties, or species.(4) Kind--One or more related species or subspecies which singly or collectively is known by one common name (example: corn, oat, alfalfa, and timothy).(5) Off-type--A plant or seed which deviates in one or more characteristics from that which has been described in accordance with §10.2(b) of this title (relating to Eligibility of Varieties).(6) Open-pollinated seed--Seed produced as a result of natural pollination, as opposed to hybrid seed produced as a result of controlled pollination.(7) Seed Quality Program--A division of the Texas Department of Agriculture responsible for administering certification standards.(8) Select seed--A class of tree seed which shall be the progeny of rigidly selected trees or stands of untested parentage that have promise but not proof of genetic superiority, and further, for which geographic source and elevation shall be stated on the certification label.(9) Source-identified--A class of tree seed defined as seed from:(A) natural stands with known geographic source and elevation; or(B) a plantation of known geographic locations, as specified in the standards of the certifying agency.(10) Variant--Any seed or plant which:(A) is distinct within the variety but occurs naturally in the variety;(B) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted;(C) was originally a part of the variety as released; and(D) is described as being part of the variety by the breeder (a variant is not an off-type).(11) Variety (cultivar)--A subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.</content><note type="source"><p>Source Note: The provisions of this §10.1 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.2"><num value="10.2">§10.2</num><heading>Eligibility of Varieties</heading><content>(a) Interagency certification as allowed by the Federal Seed Act.(1) Interagency certification of a variety by Texas shall not be construed as meaning the variety is necessarily approved for certification under the Texas requirements.(2) A $200 fee will be assessed and must be paid for each lot of seed on which interagency certification is requested.(3) Seed to be recognized for interagency certification must be received in containers carrying official certification labels, or if shipped for conditioning, evidence of its eligibility from another official certifying agency, together with the following information (forms are available from the Seed Quality Program for this purpose):(A) variety;(B) quantity of seed;(C) class of certified seed; and(D) inspection or lot number traceable to the previous certifying agency's records.(4) Each label used in interagency certification shall be serially numbered, or carry the certification identity number, and clearly identify the certifying agencies involved, and the variety, kind and class of certified seed.(b) The State Seed and Plant Board reserves full power and authority to determine the eligibility of a variety for certification.(c) The following must be made available to the board by the originator, developer, owner, or agent when certification is requested:(1) name of kind and variety;(2) a statement concerning the variety's origin and the breeding procedure used in its development including:(A) genealogy, including public and private varieties, lines, or clones used, and the breeding method;(B) details of subsequent stages of selection and multiplication;(C) type and frequency of variants during reproduction and multiplication. State how these variants may be identified; and(D) evidence on stability;(3) a detailed description of the morphological, physiological, and other characteristics of the plant and seed that distinguish it from other varieties. This must include the following:(A) special characteristics of the seed and of the plant as it passes through the seedling stage, flowering stage and fruiting stage. Description of the mature plant and comparison with similar commercially available varieties grown under the same conditions; and(B) a completed objective form for the crop as provided by the Seed Quality Program, if such form is available. The completed objective description form as provided by the U.S. Plant Variety Protection Office, if such form is available for the crop, may be used in lieu of the Texas form;(4) evidence of performance of the variety (date, graphs, charts, pictures, etc.) supporting the identity of the variety. If statements or claims are made concerning performance characteristics, such as yield, tolerance to insects or diseases, or lodging, there must be evidence to support such statements. Statistical analysis of data is encouraged;(5) a statement delineating the geographic area or areas of adaptation of the variety;(6) a statement on the plans and procedures of the maintenance of stock seed classes including the number of generations through which the variety may be multiplied;(7) a description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified;(8) any additional restrictions on the variety, specified by the breeder with respect to geographic area of seed production, age of stand, or other factors affecting genetic purity; and(9) a sample of seed representative of the variety as marketed. The size shall be at least the size required in the specific commodity standard for laboratory analysis. For industrial hemp and vegetative material, the sample size shall be set by the certifying agency at the time of certification request.(d) An application for approval of variety must be accompanied by a fee of $100.</content><note type="source"><p>Source Note: The provisions of this §10.2 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619; amended to be effective June 4, 2020, 45 TexReg 3618.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.3"><num value="10.3">§10.3</num><heading>Approval of Applicant under Certification</heading><content>(a) An applicant for licensing as a "Registered Plant Breeder" or a "Certified Seed Grower" as provided in the Act, shall be a person, firm, or corporation of good character and have a reputation for honesty, competency and fair dealing. All applicants for a license shall pay a fee of $250 at the time of application.(b) All applicants for licensing shall furnish such information as the board may require and shall appear in person before said board if so requested.(c) When an applicant has satisfied the State Seed and Plant Board as to qualifications and ability to produce certified seed and all other requirements for certification have been met, the State Seed and Plant Board shall issue a certificate evidencing the fact that the applicant is fully licensed as a registered plant breeder or certified seed grower.</content><note type="source"><p>Source Note: The provisions of this §10.3 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective October 27, 2003, 28 TexReg 9235; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.4"><num value="10.4">§10.4</num><heading>Limitations of Generations</heading><content>The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner of a variety, but shall not exceed two generations beyond foundation seed, with the following exceptions:(1) Unlimited recertification of the certified class may be permitted for older crop varieties where foundation seed is not being maintained.(2) The production of an additional generation of the certified class only may be permitted on a one year basis when an emergency is declared by the State Seed and Plant Board stating that foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety. The permission of the originating or sponsoring plant breeder, institution, firm, or owner of the variety, if existent, must be obtained. The additional generation of certified seed to meet the emergency need is ineligible for recertification.</content><note type="source"><p>Source Note: The provisions of this §10.4 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002 27 TexReg 1316.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.5"><num value="10.5">§10.5</num><heading>Application for Field Inspection</heading><content>(a) Applications must be made on forms obtained from the Seed Quality Program. The application fee must be submitted along with specific acreage inspection fees. The acreage inspection fee will be refunded if the application is canceled in time to save an inspector making a trip to the field.(b) A late fee of $100 will be assessed and must be paid for each field on which certification is requested after the deadline date established for each specific crop. Applications will not be accepted if it can be determined by the certifying agency that the crop is too far advanced in development to allow satisfactory inspection.(c) Applicants must furnish, with the application, a certification label, analysis label, and a copy of the stock purchase invoice from the seller showing the kind and variety, certification class, quantity, and the date of transaction for each lot of seed to be increased. Provided, however, a copy of the stock purchase invoice need not be furnished with the application when eligible production for certification increase is planted back by the producer. The applicant must also submit a map with scale of at least one inch = two miles, showing exact location of each field for which inspection is requested. Each field must be identified by a field identification number on a sign or stake at a point of common entry.(d) Unless otherwise specified when two or more seed crops are produced during the year from the same stand, a separate application and field inspection fee must be filed for each crop, and each crop must be inspected in accordance with the specific crop standards. When application is made for inspection of other than the first crop, it should be so identified on the application form, i.e., "second crop, third crop."(e) The applicant may request reinspection of a rejected field provided the cause for rejection can be corrected and provided the applicant resubmits an inspection fee for the acreage involved. In no case will the reinspection fee be less than $100. Request for reinspection of a rejected field will not be accepted if it can be determined that the inspector will not be able to visit the field in sufficient time before harvest to make a satisfactory inspection.</content><note type="source"><p>Source Note: The provisions of this §10.5 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.6"><num value="10.6">§10.6</num><heading>Handling of Crop Prior to Inspection</heading><content>(a) Care must be exercised in planting to avoid mixing of the variety in the seeding equipment and in the transporting vehicle. The applicant must see that these machines are thoroughly cleaned in order to safeguard the purity of the seed. Identity of the seed must be maintained at all times.(b) Every field for which certification is requested shall show evidence of good management and shall show that reasonable precaution has been taken to control contamination by other varieties. Constant roguing must be practiced throughout the season. The right is reserved to reject a field on general certification principles when weeds, diseases, or lack of good management make accurate inspection difficult or impossible.</content><note type="source"><p>Source Note: The provisions of this §10.6 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.7"><num value="10.7">§10.7</num><heading>Field Inspection</heading><content>(a) The applicant shall notify the department's Regional Office in the area in which the field is located, two weeks prior to the time of the first required inspection.(b) One or more field inspections shall be made by an approved inspector of the department when genetic purity and identity, or any other factor affecting certification, can best be determined. The tolerances for the field standards shall be based on plants and not heads unless otherwise specified.(c) Unless otherwise specified and if, in the opinion of the inspector, such action is justified, a portion of a field may be certified provided the portion not certified or that is rejected is destroyed or removed before pollen shed has an opportunity to produce contamination. If pollen contamination is not a factor, the portion not certified or that is rejected may be destroyed or removed either before or after harvest of the eligible portion in a manner to prevent admixing. The portion not certified or that is rejected shall be clearly defined by stakes, flags, etc. at the time the decision is made.</content><note type="source"><p>Source Note: The provisions of this §10.7 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.8"><num value="10.8">§10.8</num><heading>Harvesting, Processing, and Storing</heading><content>(a) Care must be exercised in harvesting to avoid admixing of the variety in harvesting equipment and in the transporting vehicle. The applicant must see that this equipment is thoroughly cleaned in order to safeguard the purity of the seed. Identity of the seed must be maintained at all times. Certified seed must be conditioned, delinted or ginned by a facility that has been approved by the department.(b) A seed conditioning, delinting or gin facility operated by a person who owns or produces a certified seed variety is subject to inspection by the department during normal business hours. Inspection of the facility includes access to any records or physical areas necessary to show compliance with seed conditioning, delinting or ginning requirements. Failure to permit inspection of the facility shall be grounds for denial of certification for any seed lots for which certification labels are requested and for which the department has determined an inspection is required to ensure compliance with certification standards. If a person who owns or produces a certified seed variety uses a seed conditioning, delinting or gin facility not operated by the person, the person shall, prior to receiving certification labels, file with the department a copy of a conditioning, delinting or ginning contract between the person and the operator of the seed conditioning, delinting or gin facility that contains provisions which impose a duty on the operator of the seed conditioning, delinting or gin facility to comply with state and federal certification standards, including these rules, when conditioning, delinting or ginning the person's seed and which impose a duty on the operator of said facility to permit the same department inspection activities that are required for conditioning, delinting or gin facilities operated by an owner or producer of a certified seed variety. The contract must be signed and dated by both the owner or producer of the certified seed variety and the operator, or operator's authorized agent, of the seed conditioning, delinting or gin facility. Exemplars of acceptable contract provisions may be obtained from the department upon request. The owner or producer of a certified seed variety is responsible for ensuring that seed conditioning, delinting and/or ginning requirements are met and access to facilities for inspection granted to department personnel. Should any third party conditioner, delinter or ginner under contract fail to meet the requirements or refuse inspection, the owner or producer of the certified seed variety shall be denied certification for any seed lots for which certification labels are requested and for which the department has determined an inspection is required to ensure compliance with certification standards.(c) Facilities shall be capable of performing seed conditioning without introducing admixtures.(d) When different classes of certified seed, or when certified seed and noncertified seed of the same variety or when two or more varieties of the same kind are handled, adequate precautions shall be taken so as to prevent contamination and to maintain the identity of each seed lot. All equipment used in seed conditioning must be thoroughly cleaned before any eligible seed is handled. Identity of seed must be maintained at all times.(e) Records of all operations relating to certification shall be complete and adequate to account for all incoming seed and final disposition of seed.(f) Prior to reconditioning seed bearing the certification labels, an approved inspector must supervise the removal of said labels which are to be surrendered to the inspector.(g) Seed lots of the same variety and class may be blended and the class retained. If lots of different classes are blended, the lowest class shall be applied to the resultant blend. Such blending can only be done when authorized by the Seed Quality Program. The blend is a new lot which shall be sampled and tested in compliance with the commodity standards.</content><note type="source"><p>Source Note: The provisions of this §10.8 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective December 24, 2003, 28 TexReg 11254.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.9"><num value="10.9">§10.9</num><heading>Seed Testing</heading><content>(a) Unless a specialized laboratory is designated by the State Seed and Plant Board in agreement with the Seed Quality Program, to do the testing of a specific seed commodity, the laboratory test must be made by one of the department's seed laboratories, the official state seed laboratory of another state or a registered seed technologist in good standing with the Society of Commercial Seed Technologists. In addition to the sample submitted to a laboratory for analysis, a file sample shall be submitted to the Seed Quality Program, which may be used for determining other varieties and/or off type plants. File samples of seed lots submitted for certification must be drawn in the manner recommended by the Association of Official Seed Analysts, and at least the size shown in §10.14 of this title (relating to Minimum Amount of Seed Required for Laboratory Analysis). For industrial hemp, the file sample size shall be set by the certifying agency. Each sample must be identified with the following information: name and address of applicant, kind and variety of seed, seed class eligibility, year of production, final lot number, and seed treatment substance.(b) The rules for testing seed as adopted by the Association of Official Seed Analysts are hereby adopted as the procedure to be followed in the testing of seed subject to certification. However, when no rules for testing have been adopted by the Association of Official Seed Analysts, the procedure used must be mutually approved by the State Seed and Plant Board and the Seed Quality Program. The results of such tests shall be the basis for the enforcement of the provisions of this act for all classes of seed recognized.(c) The State Seed and Plant Board has full authority to question the procedure used by laboratories or technologists for testing eligible seed. Failure to follow the correct testing procedure shall be cause for the board to consider all tests made by the laboratory and/or technologist as no longer being acceptable in meeting certification requirements.(d) In order to allow the seedsmen to bag and label in one operation, the certification labels for seed from a field or from blended fields may be issued upon receipt of the inspector's completed report showing all seed involved to have passed the field production standards, even though the laboratory test has not been completed and in case of hybrid sorghum seed, sorghum line seed, hybrid sunflower seed, and sunflower line seed, the required varietal purity grow-out test has not been completed. In all cases, a copy of the laboratory test from each lot represented which is identifiable with the certification labels issued must be furnished the Seed Quality Program prior to distribution of the seed. However, the applicant must furnish the Seed Quality Program a copy of the laboratory test not later than July 31 of each year for the previous year's production unless an extension in writing is requested for a good and valid reason.</content><note type="source"><p>Source Note: The provisions of this §10.9 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective June 4, 2020, 45 TexReg 3618.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.10"><num value="10.10">§10.10</num><heading>Labels</heading><content>(a) Distribution of seed represented as being of a certified class before the commodity standards and general requirements have been met, shall be grounds for cancellation of the applicant's eligibility and shall be cause for recall of all certification labels issued to the applicant.(b) Forms for ordering certification labels are available from the Seed Quality Program.(c) Unless otherwise specified, all classes of certified seed offered for sale must be sacked in new, clean, even weight containers. The certification label must be affixed to each container in such a way as to prevent easy removal and reattachment. The use of a minimum of two staples of heavy enough quality to cause the label to be torn or obviously mutilated when removed, is considered as one acceptable method of attachment.(d) All classes of certified seed, when offered for sale, shall have an official certification label affixed to each container clearly identifying the certifying agency, the reference number, the variety name, and the kind and class of seed. All classes of certified seed offered for sale shall bear the proper certification label issued by the Seed Quality Program. Such labels shall bear the state seal. Unless the specific standard provides for an additional label color, the labels shall be printed as follows:(1) foundation label on a background of white;(2) registered label on a background of purple; or(3) certified label on a background of blue.(e) Reuse of any class of certified label shall be considered in direct conflict with the provisions of the law and regulations.(f) All inspection fees and other fees due must be paid in full prior to the issuance of certification labels.(g) Carryover seed shall bear the certification label of the year of production.(h) It is the responsibility of the certified seed grower (applicant) for proper use of all certification labels.(i) The cost of certification labels shall be $0.16 each or $5.00 per total label order, whichever is greater, or $0.16 for each 100 pounds or fraction of 100 pounds of seed, or $5.00, whichever is greater. The type of labels available are:(1) foundation, registered, and certified labels;(2) Organization for Economic Cooperation and Development (OECD) certified labels,(3) pressure sensitive labels;(4) gum labels.</content><note type="source"><p>Source Note: The provisions of this §10.10 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scA/s10.11"><num value="10.11">§10.11</num><heading>Bulk Sales</heading><content>(a) Requirements for sale. The Foundation class of seed may not be sold in bulk. The Registered class of only small grains and rice and the Certified class of any crop kind may be sold in bulk provided the identity of the seed is carefully maintained and the seed is handled in a manner which prevents a mixture. All field and seed standards other than even weight bagging must be met prior to date of sale.(b) Seller's responsibility. It is the seller's responsibility to:(1) handle seed in a manner to prevent mixtures and contamination;(2) supply seed that is representative of the seed tested and approved for certification;(3) insure that all bins, augers, conveyors, and other equipment are adequately cleaned before handling certified seed;(4) determine that the vehicle receiving bulk certified seed is clean;(5) keep a sample of each load of bulk certified seed sold; and(6) not accept any returned seed.(c) Maintaining purity of seed. It is the buyer's responsibility to maintain purity of the seed after it has been loaded into the buyer's vehicle. Any unplanted seed cannot be returned to seller.(d) Selling seed of the Certified class in bulk. A maximum of two sales and two physical seed transfers are allowed. Delivery may be made by the certified seed grower or a retail seed facility, licensed under §9.2 of this title (relating to Agricultural Seed), directly to the consumer. Applications must be made on forms obtained from the department.(1) The certified grower shall:(A) submit a completed application and copy of the "Report of Seed Analysis" from an approved laboratory to the department;(B) provide a completed and signed Bulk Sales Certificate, on a form approved by the department, to the buyer at delivery;(C) submit a copy of the Bulk Sales Certificate and a one-pound sample of each transaction to the Seed Quality Program in Giddings within 30 days of each transaction along with the following information:(i) weight of seed;(ii) date of transaction;(iii) buyer's name and address; and(iv) delivery point;(D) pay the necessary Bulk Sales Certificate fee ($0.16 per one hundred pounds, or fraction of one hundred pounds of seed, or $5.00, whichever is greater);(E) if delivery is made directly to the consumer, pay the necessary Agricultural Seed Inspection Fee as required in §9.2 of this title;(F) maintain the following records:(i) the amount of certified seed sold as bulk seed;(ii) copies of the Bulk Sales Certificate;(iii) a current inventory of seed of each variety available for sale.(2) The retail seed facility shall:(A) provide the consumer a completed Supplemental Bulk Certificate, on a form approved by the department, upon delivery;(B) provide the consumer with necessary label(s) printed with all of the analysis information required under VTCA, Agriculture Code, §61.004, (relating to labeling of Agricultural Seed);(C) submit a copy of the completed Supplemental Bulk Certificate to the Seed Quality Program in Giddings within 30 days of each transaction; and(D) maintain the following records:(i) the amount of certified seed sold as bulk seed;(ii) copies of the Bulk Sales Certificate;(iii) copies of the Supplemental Bulk Certificate; and(iv) a current inventory of seed of each variety available for sale.(e) Selling seed of the Registered class in bulk. A maximum of two sales with a maximum of one delivery are allowed. The delivery is to be made by the certified seed grower directly to the consumer. The certified seed grower shall comply with the requirements of subsection (d)(1) of this section and maintain the following records:(1) the amount of certified seed sold as bulk seed;(2) copies of the Bulk Sales Certificate; and(3) a current inventory of seed of each variety available for sale.</content><note type="source"><p>Source Note: The provisions of this §10.11 adopted to be effective September 12, 2007, 32 TexReg 5653; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scB"><num value="B">SUBCHAPTER B</num><heading>FIELD INSPECTION CHART</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scB/s10.12"><num value="10.12">§10.12</num><heading>Number and Time of Field Inspections</heading><content>The following chart designates the date of application and time of field inspection for various crop kinds, as required for seed certification. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.12 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002, 27 TexReg 1316.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scC"><num value="C">SUBCHAPTER C</num><heading>ACREAGE INSPECTION FEES FOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scC/s10.13"><num value="10.13">§10.13</num><heading>Inspection Fees for Certification</heading><content>The following chart designates fees per acre for various crop kinds as required for seed certification.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.13 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective June 3, 1997, 22 TexReg 4415; amended to be effective February 28, 2002, 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619; amended to be effective June 4, 2020, 45 TexReg 3618.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scD"><num value="D">SUBCHAPTER D</num><heading>LABORATORY ANALYSIS CHART</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scD/s10.14"><num value="10.14">§10.14</num><heading>Minimum Amount of Seed Required for Laboratory Analysis</heading><content>The following chart details the minimum amount of seed required for laboratory analysis.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.14 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002, 27 TexReg 1316; amended to be effective June 4, 2020, 45 TexReg 3618.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scE"><num value="E">SUBCHAPTER E</num><heading>GENETIC SEED CHART</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scE/s10.15"><num value="10.15">§10.15</num><heading>Genetic Seed Certification Standards</heading><content>The Genetic Seed Certification Chart and footnotes are adopted by reference by the State Seed and Plant Board for the purpose of seed certification for genetic identity only. Copies may be obtained from the Texas Department of Agriculture, Seed Quality Program, P.O. Box 629, Giddings, Texas 78942.</content><note type="source"><p>Source Note: The provisions of this §10.15 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective October 13, 1997, 22 TexReg 9657.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scF"><num value="F">SUBCHAPTER F</num><heading>ADDITIONAL REQUIREMENTS FOR THE CERTIFICATION OF CERTAIN CROPS</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.16"><num value="10.16">§10.16</num><heading>Length of Stand Requirements</heading><content>(a) Alfalfa.(1) The region of adaptation for seed production of a given variety shall be that recommended by the originating plant breeder. This shall meet the requirements of the National Certified Alfalfa Variety Review Board. When a variety is grown within its designated region of adaptation, certification is limited to a maximum of three generations from breeders seed. The three generations are foundation, registered, certified, i.e., breeder seed to foundation seed; foundation seed to registered seed; registered seed to certified seed.(2) When a variety is grown outside its designated region of adaptation, certification is limited to one generation from foundation or registered seed, i.e., foundation to certified or registered to certified.(3) The certified class is limited to seed crops produced from the same stand, not to exceed a six-year period, beginning with the year in which the crop is first seeded. Application must be made each year whether seed production is intended or not, if certification is desired in a later year.(b) Arrowleaf clover. Seed produced from a new field stand acceptable for the foundation class is eligible for foundation labels. Seed produced from a new field stand planted with foundation seed is eligible for registered labels. Seed from the first volunteer stand will also be eligible for the registered class. The second year volunteer stand and subsequent volunteer stands will be eligible for the certified class. Seed produced from new field stands planted with foundation or registered seed is eligible for certified labels. The second year volunteer stand and subsequent volunteer stands will be eligible for the certified class.(c) Grasses. Bluestems: (Big, Caucasian, Little, Sand, Turkestan, and Yellow); Kleingrass; Gramas: (Blue and Side-oats); Buffelgrass; Hardinggrass; Yellow Indiangrass; Lovegrass; Switchgrass; Alkali Sacaton; Laurisagrass; Bahiagrass; Guineagrass.(1) Production of foundation seed is limited to three consecutive years from planting of breeder seed.(2) Production of registered seed is limited to:(A) four consecutive years from planting of foundation seed; and(B) one year from foundation seed production stand immediately following the calendar year of foundation seed production.(3) Production of the certified class of seed is limited to:(A) five consecutive years from planting of foundation seed or registered seed; and(B) two consecutive years from a foundation seed production stand or one year from a registered seed production stand immediately following the calendar year of the foundation or registered seed production.(4) All seed crops harvested within a calendar year from the same stand are eligible for the same certification class as the first harvest of the calendar year.(5) Application for inspection must be made each year whether certified production is intended or not if certification is desired in a later year.(d) Rhodesgrass.(1) Production of foundation seed is limited to one calendar year.(2) Production of the certified class is limited to two consecutive years from foundation seed or two consecutive calendar years from a foundation seed production stand immediately following the calendar year of the foundation seed production.(3) When a fall planting does not produce a mature seed crop during the same calendar year of planting, then the first calendar year of seed certification shall be considered the year immediately following the fall planting.(4) All seed crops harvested within a calendar year from the same stand are eligible for the same certification class as the first harvest of the calendar year.(5) Application for inspection must be made each year whether certified seed production is intended or not if certification is desired in a later year.(e) Sorghum. When perennial types, such as perennial sorgrass, are being produced, only one year of registered seed may be produced from a field planted with foundation seed. Only one year of certified seed may be produced from a field planted with registered seed.</content><note type="source"><p>Source Note: The provisions of this §10.16 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.17"><num value="10.17">§10.17</num><heading>Restrictions on Number of Varieties Per Farm</heading><content>(a) Arrowleaf clover. Only one variety of arrowleaf clover may be grown on a farm for seed production. A farm is any size body of land operated by one farmer which is not adjacent to any other body of land operated by the same farmer. When adjacent bodies of land are rented or leased by the same farmer from different owners, each body of land shall be considered a separate farm.(b) Cotton. Production must be on a one-variety farm when specified by the originating breeder and/or institution. A farm is any size body of land operated by one farmer which is not adjacent to any other body of land operated by the same farmer. When adjacent bodies of land are rented or leased by the same farmer from different owners, each body of land shall be considered a separate farm.</content><note type="source"><p>Source Note: The provisions of this §10.17 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.18"><num value="10.18">§10.18</num><heading>Definition of Terms and Other Requirements</heading><content>(a) Corn.(1) Hybrid corn is seed to be planted for any use except seed. It may be any one of the following:(A) a single cross, i.e., a first generation of cross between two inbred lines;(B) a double cross, i.e., the first generation of a cross between two single crosses;(C) a three way cross, i.e., the first generation of a cross between a single cross and an inbred line; or(D) a top cross, i.e., the first generation of a cross between an inbred line and an open pollinated variety, or the first generation of a cross between a single cross and an open pollinated variety.(2) To be eligible for certification, a foundation single cross used to produce double, three-way, or top crosses, must be produced from approved inbred lines whose source assures their identity.(3) Inbred lines.(A) For an inbred line, to be eligible for certification, it must be from an identifiable source and it must be approved by the certifying agency.(B) An inbred line used as a pollinator in a foundation single cross isolation may be certified, provided all the seed parents in the isolated field are inspected for certification and meet all field requirements for certification.(C) The following classes of seed are recognized.(i) Only the class "certified" is recognized in hybrid corn.(ii) Hybrid corn must be produced from foundation seed that has been field inspected.(iii) A foundation single cross shall consist of the first generation hybrid between two inbred lines to be used in the production of double, three-way or top crosses. A fertility restoring line may be substituted for its nonrestoring counterpart.(iv) An inbred line must be relatively true- breeding strain of corn resulting from at least five successive generations of controlled self-fertilization or a back crossing to a recurrent parent with selection or its equivalent.(D) When a specific genetic factor(s) is added to an inbred line, the line must have been back-crossed to its recurrent parent at least five generations. The line must be homozygous for the specific genetic factor(s) except for the pollen restoration factor(s).(E) For a recovered pollen restorer inbred line, selection must be relative to a specific cytoplasmic male sterile source.(F) Proof of the genetic nature of a recovered line will be supplied by the originator.(b) Sorghum.(1) Male sterile seed stock.(A) A male sterile seed stock is one to be planted for use as a seed parent in the production of hybrid sorghum seed.(B) The pollinator for the production of a male sterile seed stock must originate from seed stocks which are designated specifically for the use as a pollinator of the male sterile seed stock and must not be more than two generations removed from stocks in which plants were individually checked for their ability to maintain high sterility.(C) Male sterile seed stock must represent a parent of a specific combination that has been approved by the State Seed and Plant Board.(D) The name under which any male-sterile seed stock shall be certified shall be the same as the designation given by the originator or originating agency.(E) The entire acreage in an isolated seed production plot or in a given seed production field must be eligible and must be inspected.(2) Pollinator lines (B & R).(A) A pollinator line is one to be planted for use as a pollen parent in the production of male sterile seed stocks or hybrid sorghum seed.(B) B Lines are defined as maintainer pollinator lines for use in the production of male sterile seed stocks.(C) R Lines are defined as restorer pollinator lines used in the production of commercial hybrids.(D) A pollinator line, to be eligible for certification, must be from a source such that its identity may be assured. A pollinator line must represent a parent of a specific combination that has been approved by the State Seed and Plant Board.(E) The name under which any pollinator line shall be certified shall be the same as the designation given by the originator or the originating agency.(F) The parental stock for the production of a pollinator line must originate from seed stocks which are designated specifically for use as a pollinator.(G) The entire acreage in an isolated seed production plot or in a given seed production field must be eligible and must be inspected.(3) Hybrid (commercial).(A) A certified hybrid sorghum (commercial) is one to be planted for any use except seed.(B) Hybrid sorghum (commercial) planting seed, to be certified, must be produced from foundation seed stocks approved by the State Seed and Plant Board, meeting the requirements of the specific standards for male sterile seed stock and the specific standards for pollinator lines (B & R) except for hybrid sorghum (commercial), approved by the State Seed and Plant Board as a "closed pedigree," in which case the male sterile and pollinator line (B & R) will be inspected on the basis of a complete breeder plant description using the tolerances set forth in this standard at the time the hybrid sorghum (commercial) seed is being produced.(C) The name under which any hybrid sorghum (commercial) is certified, shall be the same as the designation given by the originator or the originating agency and must represent a specific combination that has been approved by the State Seed and Plant Board.(D) The pollinator for the production of a hybrid sorghum (commercial) must originate from seed stock which is designated specifically for use as a pollinator of the hybrid.(E) The entire acreage in an isolated seed production field must be eligible and must be inspected.(c) Hybrid sunflower.(1) The class "foundation" shall be recognized for the female seed parent and male pollinating parent used for the production of commercial hybrids.(2) A commercial hybrid is one to be planted for any use except seed production. Only the class "certified" is recognized in hybrid sunflower.(3) A commercial hybrid to be certified must be produced from foundation seed stock approved by the certifying agency.(4) A female seed parent and male pollinating parent is one to be planted for use in the production of hybrid sunflower seed.(5) The name under which any seed parent, male pollinating parent or commercial hybrid is certified, shall be the same as the designation given by the originator or originating agency.(6) The entire acreage in any isolated seed production plot or in a given seed production field must be eligible and must be inspected.(7) Pollen rows must be identified by stakes at each end.</content><note type="source"><p>Source Note: The provisions of this §10.18 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.19"><num value="10.19">§10.19</num><heading>Tolerances and Detasseling Requirements for Corn</heading><content>(a) Pollen rows in each field must be identified by stakes at each end.(b) Upon request, a representative of the firm applying for certification of hybrid corn seed will accompany the inspector to each field, subject to certification at least 10 days prior to detasseling.(c) Single cross fields submitted for inspection for the foundation class will not be approved if, at any one inspection more than one-fifth of 1.0% of the stalks of the female parent have shed pollen and at the same time more than 1.0% of the stalks of the female parent have receptive stalks. Any plant in an inbred or single cross field submitted for inspection for the foundation class that is shedding pollen in male sterile rows must be completely destroyed at pollinating time to eliminate the possibility of its seed production.(d) Commercial hybrid seed fields submitted for inspection for certification will not be accepted if at any one inspection more than 1.0% of the stalks of the female parent have shed pollen and at the same time more than 5.0% of the stalks of the female parent have receptive silks. The total for three inspections shall not exceed 2.0%.(e) Detasseling.(1) Tassels shall be removed thoroughly enough so that not more than 1.0% of the plants in seed rows on any one inspection, or not more than 2.0% of the total of any three inspections, shall have shed pollen while more than 3.0% of the seed parent plants have receptive silks. Such percentage is to be determined on the basis of stalks large enough to be in the detasseling stage.(2) The following shall be used in defining a shedding tassel and a receptive silk.(A) Shedding tassel. In fertile fields, a shedding tassel shall be considered as shedding or having shed pollen when there are two inches or more of the exposed center spike and/or panicle branches showing exerted anther sacs. One- fifth of a shredding tassel shall be counted if a total of less than two inches of the center spike and/or panicle branches show exerted anther sacs. In sterile fields, tassels shedding less than 50% pollen shall be counted as one-tenth of a full tassel. The exerted anther sacs on cytoplasmic male sterile seed parents must be shedding if classed as a shedding tassel.(B) Receptive silks. Receptive silks shall be regarded as susceptible for fertilization when any fresh turgid silks are showing on the ear. As soon as a silk wilts it is regarded as fertilized, although it may not become brown or dry for one or two days after fertilization.(f) A male sterile ear parent can be used to produce certified hybrid corn seed by either of the following two methods.(1) Seed of the normal fertile ear parent must be mixed with the seed of the male sterile ear parent of the same pedigree, either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed shall not exceed two to one.(2) The pollen parent must involve a certified pollen restoring line or lines so that not less than one-third of the plants grown from hybrid corn seed produces pollen which appears to be normal in quantity and viability.</content><note type="source"><p>Source Note: The provisions of this §10.19 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.20"><num value="10.20">§10.20</num><heading>Bagging Procedures for Grain and Forage Type Sorghum</heading><content>(a) Requirements for production of registered seed for growers' own increase or for commercial distribution. (It is recommended that new growers obtain the assistance of the inspector or an established grower to learn bagging techniques.)(1) A paper bag of adequate size and good quality should be used. Bags may be tied or fastened with wire staples.(2) Bagging should be started when the first plants come into full boot, but may be done any time before heads shed pollen.(3) The grower shall notify the Regional Office in the area in which he resides of the date he expects to begin bagging.(4) Good, thrifty plants which have had an opportunity for normal development should be selected. Bags should be placed over the head and securely fastened.(5) The grower should raise the bags on the stalk when necessary to prevent the head from puncturing the bag. All heads which become exposed must be discarded immediately. Bags should remain on the plants until the fertilization is complete. Time required for completion of fertilization ranges from ten days to two weeks.(6) After fertilization is completed on the bagged heads, the paper bags shall be split open, pulled down from over the head, and left fastened to the stalk. The bagged heads can thus be identified when they are ready for harvest.(7) When the seed from the bagged heads are fully mature, they should be hand headed, stored, and allowed to thoroughly dry. Seed must be threshed or rubbed out, properly identified, and stored under conditions to prevent any mechanical mixtures.(b) Supplemental requirements for production of registered sorghum seed for commercial distribution. Growers requesting authority to produce bagged seed for commercial distribution must meet all requirements set forth by the State Seed and Plant Board and, in addition, must conform to the following regulations:(1) The grower, at the discretion of the State Seed and Plant Board, may be required to appear before said board, to take an oral or written examination as evidence of his knowledge, skill, and ability, and give evidence of adequate facilities for the production of bagged seed.(2) The grower must submit, at the time of filing his application for inspection for certification, a statement of his intention to bag seed for commercial distribution, giving variety, the approximate number of heads to be bagged, source of seed, and such other information as may be requested.(3) Growers employing common or unskilled labor in their bagging operations shall be required to give personal supervision in the matter of selecting plants, either through individual selection or intensive roguing ahead of bagging.(4) Growers are required to notify the Regional Office in the area in which they reside of the:(A) time bagging operations will be started;(B) time of harvesting; and(C) time of threshing.(5) All heads bagged must be hand harvested and individual heads selected prior to threshing. The grower is to give his personal attention to the harvesting and threshing.(6) Threshing must be done by hand-rubbing or by combines, provided such machines are cleaned under the direct supervision of an agent of the department.(7) Bagged seed must be sacked, labeled, sealed, stored, and properly identified and must be accessible at all times to the inspector or agents of the Seed Quality Program.</content><note type="source"><p>Source Note: The provisions of this §10.20 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.21"><num value="10.21">§10.21</num><heading>Requirements and Standards for Hybrid Sorghum Varietal Purity Grow-outs</heading><content>(a) Test planting requirements. (1) Male sterile lines, pollinator lines, and all sorghum hybrid seed must be test-planted (varietal purity grow-out test). Such test must be conducted under the supervision of the Seed Quality Program, as the enforcement agency. The required test for male sterile lines, pollinator lines, and hybrid sorghum (grain types) must consist of not less than 1/10 acre of not less than 3,000 plants in one location. The required test for forage and grass type hybrids must consist of not less than 1/20 acre of not less than 1,000 plants in one location. It will be the responsibility of the seed producer to notify his or her area Regional Office in the area where the seed is stored when the lot of seed is ready to be sampled. Samples must be drawn as directed by the department. Two pounds of seed will be required for each 1/10 acre test and one pound of seed for each 1/20 acre test. The test will be inspected during the bloom stage by approved inspectors of the department. (2) A sample considered to be on the borderline between acceptance and rejection or a sample rejected by the department may be inspected by a sorghum advisory committee appointed annually by the State Seed and Plant Board. The committee will consist of two approved seed certification inspectors from the department, two Texas certified hybrid sorghum seed growers, and one member of Texas AgriLife Research. The committee will advise the Seed Quality Program of their recommendations. The seed producer will have the privilege of having at least a one acre plot (of a lot rejected in the grow-out test) of grain and forage hybrids planted for reconsideration by the department and the advisory committee. In the case of male sterile or pollinator lines planted for reconsideration, the test will be at least 2/5 acre. The same controls will apply to the larger plot that are applicable to the 1/10 or 1/20 acre tests.(3) A fee of $180 for each sample grown for reconsideration must be paid to the Texas Department of Agriculture, and the travel and per diem expenses of department personnel necessary to sample, plant, and inspect the larger plot must be paid by the seed producer. (4) Removal of any plants from any of the aforementioned grow-out tests at any time by the seed producer or by anyone else, with his knowledge, prior to the acceptance or rejection of the lot represented will immediately cancel the eligibility of the producer to certify. (b) Varietal purity grow-out test standard. Maximum objectionable sorghum plants permitted in the following. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.21 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective October 13, 1997, 22 TexReg 9657; amended to be effective February 28, 2002, 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scF/s10.22"><num value="10.22">§10.22</num><heading>Requirements and Standards for Sunflower Varietal Purity Grow-outs</heading><content>(a) All production of female seed parents, pollinating seed parents, and commercial hybrids must be test-planted (variety purity grow-out test). Such test must be conducted under the supervision of the Seed Quality Program, as the enforcement agency. The required tests must consist of not less than 1/10 acre of not less than 2,000 plants in one location. It will be the responsibility of the seed producer to notify his or her area Regional Office in the area where the seed is stored when the lot of seed is ready to be sampled. Samples must be drawn as directed by the department. One pound of seed will be required for each 1/10 acre test. The test will be inspected during the bloom stage by approved inspectors of the department. (b) A sample considered to be on the borderline between acceptance and rejection or a sample rejected by the department may be inspected by an advisory committee annually appointed by the State Seed and Plant Board. The committee will consist of two approved seed certification inspectors from the department, two Texas certified seed growers, and one member of Texas AgriLife Research. The committee will advise the Seed Quality Program of their recommendations. The seed producer will have the privilege of having at least a 2/5 acre plot (of a lot rejected in the grow-out test) planted for reconsideration by the department and the advisory committee. The same controls will apply to larger plots that are applicable to the 1/10 acre tests. (c) A fee of $180 for each sample grown for reconsideration must be paid to the Texas Department of Agriculture, and the travel and per diem expenses of department personnel necessary to sample, plant, and inspect the larger plot must be paid by the seed producer. (d) Removal of any plants from any of the aforementioned grow-out tests at any time by the seed producer or by anyone else with his or her knowledge prior to the acceptance or rejection of the lot represented will immediately cancel the eligibility of the producer to certify. (e) Varietal purity grow-out test standard. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.22 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective June 3, 1997, 22 TexReg 4415; amended to be effective February 28, 2002, 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scG"><num value="G">SUBCHAPTER G</num><heading>VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scG/s10.23"><num value="10.23">§10.23</num><heading>Application and Amplification of General Certification Standards</heading><content>(a) The general requirements, as adopted by the State Seed and Plant Board, are basic and, together with the following specific standards, constitute the standards for certification of vegetatively propagated pasture grass and turfgrass.(b) Three classes of stocks (foundation, registered, and certified) are recognized under the vegetatively propagated pasture grass and turfgrass standards.(1) Foundation. Foundation sprigs must be produced from a variety approved by the State Seed and Plant Board tracing back to acceptable sources. Foundation sprigs shall be the initial transplants from breeder vegetative propagating material.(2) Registered. Registered sprigs must be the initial transplants from foundation sprigs.(3) Certified. Certified sprigs must be the initial transplants from either foundation or registered sprigs. A grower of the certified class of sprigs may increase his acreage from his own production, provided he has complete control of the sprigs at all times and they are planted on his own farm.(c) Fields established from foundation or registered sprigs may continue to produce certified sprigs after the first year, providing that application for certification is made each year and the stock is produced in conformity with the certification standards.</content><note type="source"><p>Source Note: The provisions of this §10.23 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scG/s10.24"><num value="10.24">§10.24</num><heading>Land Requirements (Rules Covering Land Prior to Planting)</heading><content>(a) A field to be eligible for the production of foundation or registered turfgrass sprigs, must have been inspected by a representative of the Texas Department of Agriculture the year preceding the year it is to be planted, and it must have been found free of all other perennial grasses and objectionable weeds. This requirement does not apply to pasture grasses.(b) A field, to be eligible for production of the certified class of stock, must be inspected by a representative of the department during the growing season. At least two inspections approximately six weeks apart must be made. The field must be found free of all other perennial grasses and objectionable weeds. The second inspection must be made within 15 days of planting. During the interval between the two inspections, the soil must not be mechanically disturbed.(c) In lieu of the preceding requirements, a field, to be eligible for production of foundation, registration, or certified class stock, may be thoroughly treated with a recommended soil fumigant or chemical treatment and left undisturbed for four weeks, at which time an official inspection must be made to determine if the land is free of perennial grasses and objectionable weeds. After fumigation or chemical treatment, soil conditions must be favorable for seed germination and active plant growth in order to determine if the soil fumigation was effective and will qualify the land for acceptance.</content><note type="source"><p>Source Note: The provisions of this §10.24 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scG/s10.25"><num value="10.25">§10.25</num><heading>Handling the Crop Prior to Inspection</heading><content>(a) Fees. The pre-planting inspection fee and annual inspection fee, as shown in Table I of §10.13 of this title (relating to Acreage Inspection Fees for Certification), is required to be paid.(b) Applications. All applications for pre-planting inspection and annual inspection must be filed with the Seed Quality Program prior to March 1.</content><note type="source"><p>Source Note: The provisions of this §10.25 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scG/s10.26"><num value="10.26">§10.26</num><heading>Field Inspection</heading><content>(a) Pasture grasses. At least one official inspection must be made during the growing season at a time when it is possible to identify any other perennial grasses and/or strains or noxious weeds.(b) Turfgrasses. At least four official inspections must be made during the growing season at a time when it is possible to identify any other perennial grasses and/or strains or objectionable weeds.</content><note type="source"><p>Source Note: The provisions of this §10.26 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scG/s10.27"><num value="10.27">§10.27</num><heading>Field Standards</heading><content>(a) Unit of certification. The entire acreage standing at the time of inspection must be inspected as a unit from a map showing the exact specifications and permanent location of the field.(b) Isolation.(1) Pasture grasses. Foundation, registered, and certified sprigs must be isolated from any other strain of the same species or other objectionable species by a distance of at least 30 feet.(2) Turfgrass (except St. Augustine grass). Foundation, registered, and certified class stock must be isolated from any other perennial grass by a strip at least 10 feet wide. In addition to the required 10 feet of isolation, when the contaminant is a Cynodon spp. producing viable seed, the production field must be isolated by a terrace or a similar barrier approved by the inspector so as to prevent washing of the seed into the production blocks. This barrier will be included in the 10-foot isolation distance.(3) St. Augustinegrass. Foundation, registered, and certified class stock must be isolated from any other perennial grass and/or objectionable weeds by a strip at least six feet wide.(c) Specific requirements. Reference should be made to the following table.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.27 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scG/s10.28"><num value="10.28">§10.28</num><heading>Stock Handling</heading><content>(a) To be eligible for certification, all classes of planting stock at the time of bulk distribution or shipping shall conform to the following standards. Attached Graphic(b) General requirements. (1) Constant care and grower supervision must be maintained throughout harvesting, handling, and packing of stock eligible under the provisions of the program so as to maintain the identity and purity of it. All stock must be measured in bushels when distributed if it is to retain certification status. The standard measure of a bushel is considered to be 1 1/4 cubic feet. (2) Planting stock is subject to sampling by an approved inspector at any time during the digging season when the material is being packaged or distributed. (c) Shipment. For pasture grass, planting stock must be packed for shipment in sealed sacks, bags, or other containers that will insure maintenance of planting quality. Such containers must meet the labeling requirements of §10.10(b) of this title (relating to Labels) of the general requirements. (d) Bulk distribution. (1) For pasture grass, stock that is not to be shipped need not be packed as for shipment (example: harvesting and loading a customer's truck with sprigs). However, the consumer must be given a certification label for each load. (2) For turfgrass, sod blocks or bulk stolons must be protected in a manner to prevent drying out, in order to ensure viability of grass upon delivery. The consumer must be given a certification label for each load. The amount of sod or stolons must be shown on each label for each load. (e) Label reporting system. (1) Certification labels will be available on which space will be provided for the certified producer to write the date of sprig harvest and the bushels in the container or load it represents. (2) Report forms will be available on which the certified producer must record the label number, the date of harvest, and bushels the label represents (example: GO682790 5-10-68 - 20 bu.). The report of use of certified labels must be sent to the Seed Quality Program at least once a month.</content><note type="source"><p>Source Note: The provisions of this §10.28 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scH"><num value="H">SUBCHAPTER H</num><heading>FOREST REPRODUCTIVE MATERIAL</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scH/s10.29"><num value="10.29">§10.29</num><heading>Application and Amplification of General Certification Standards</heading><content>(a) The general requirements, as adopted by the State Seed and Plant Board are basic, and together with the following specific standards constitute the standards for certification of forest reproductive material. Forest reproduction material will include seed, seedlings, and propagules of all species normally used in forestry including specialized products or uses such as Christmas trees, windbreaks, etc.(b) In addition to the definitions found at §10.1 of this title (relating to Definitions), the following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Certified forest tree seed and seedlings (blue label)--Certified forest tree seed and seedlings from trees of proven genetic superiority, as defined by the following standards produced so as to assure genetic identity. (Seeds and seedlings from interspecific hybrids of forest trees may be included.) Certified seedlings (blue label) must be the first generation from certified seed (blue label). In addition, the following subclass may be acceptable for certification.(2) Certified selected forest tree seed and seedlings (green label)--Seed and seedlings from untested parentage of rigidly selected trees, including elite trees, or stands that have promise, but not proof, of genetic superiority. Cultivars, as well as clones, may be certified. Certified selected seedlings (green label) must be the first generation from certified selected seed (green label).(c) For both classes of forest tree seed and seedlings, the exact geographic source of the parent trees and the stand history must be known. Location of the source shall be given at least down to the section or comparable land survey unit. (Alternatively, in the case of seed and seedlings from seed orchards containing selected stocks from a number of separate sections, the location of the orchard shall be given and the exact sources and elevations of its individual components shall be kept on file and furnished on request.) In addition, the average height and age of the trees from which the seed was collected or from which the seedlings were grown must be known.(d) Inspectors for forest tree seed and seedling certification shall be approved by the State Seed and Plant Board and shall be professional foresters and/or others trained specifically for the job.(e) Seed production.(1) Handling the crop prior to inspection.(A) Fees. The inspection fee as shown in Table I of §10.13 of this title (relating to Inspection Fees for Certification) is required to be paid. The acreage fee may be figured at the rate of one acre per tree or the gross acreage occupied by all trees inspected. The lower figure will be used to determine the total acreage fee.(B) Applications. All applications for inspection of forest tree seed must be filed with the Seed Quality Program at least 30 days prior to flowering.(2) Field inspections.(A) At least two official inspections must be made. One inspection must be made prior to pollination. At this time, compliance in regard to roguing and isolation will be checked. One inspection must be made prior to seed maturity at which time the size of the crop will be estimated.(B) Inspections are required only in years in which certified seed production is planned after the initial inspection, provided that subsequent inspections shall be not more than five years apart.(C) Inspections may be made at any time during cone collection, seed extraction, and cleaning without prior notice.(3) Field standards.(A) General requirements.(i) Definition of terms.(I) The term "cone" shall include the seed contained therein.(II) The term "scion" shall include all materials for vegetative propagation.(III) The term "elite tree" shall refer to an individual tree whose genetic superiority has been proven for the traits to be certified.(ii) Unit of certification. An area or a portion of an area may be certified. The portions of an area not meeting certification requirements shall be delineated with a painted boundary mark (color contrasting with other boundaries), and cones produced on the disqualified area are not eligible for certification. A clear and distinct boundary line will be marked with paint between an area and its isolation strip. The outer boundary of the isolation strips shall be marked with a contrasting color or symbol.(iii) Isolation. The isolation as stated in the specific requirements will be applicable for pine species. Isolation for other species will be included as they become available.(B) Specific requirements.(i) Certified blue label seed production-- Seed Orchards.(I) Stand composition. The stand will be composed of a minimum of 15 producing clones of trees. Each tree shall bear identity numbers and/or letters traceable to records of the ortet (or parentage in the case of seedling stock) and records shall be available for inspection. The arrangement shall be such as to maximize cross pollination between clones and to minimize selfing.(II) Progeny tests.(-a-) All clones in a seed orchard must be progeny tested before being eligible for production of certified (blue label) seed. Records of the progeny tests shall be available to the certifying agency. The field plots of the progeny tests must be maintained until such time as the requirements of the certifying agency are satisfied which will be at least one-half rotation age for volume and less for other characters.(-b-) Seed that are produced prior to completion of progeny tests may be sold as selected (green label) seed provided all other requirements are met.(III) Isolation. A minimum of 400 feet surrounding the orchard shall be free of all trees producing contaminating pollen. Controlled pollinated seed does not require the isolation zone.(ii) Certified selected green label seed production--Seed Production Areas.(I) Stand requirements. The stand must initially contain a sufficient number of trees of the desired species to permit rigorous selection of trees to be retained for seed production. The stand must be of sufficient age and diameter for reliable crop tree determination. Stands shall not have been previously thinned except where it can be shown that thinning was from below or from the codominants of poor quality for the species to be used in seed production.(II) Stand treatments.(-a-) Roguing. All trees infected with diseases of economic importance to timber production shall be removed from the area. Trees of below average vigor (based on the dominant and codominant trees in the original stand) and trees having undesirable form characteristics as specified for the species and end use will be removed.(-b-) Stand composition. Only trees of average or above vigor and form and average or below in branch size and free from pests shall remain. Minimum requirements are 10 trees per acre to minimize selfing and to maximize cross pollination.(-c-) Isolation. The area shall be free of contaminating pollen. An isolation strip shall be maintained. A strip 400 feet wide adjacent to the production area shall be free of all species of trees which will normally cross pollinate naturally with the species of the production area, except that this strip may contain trees of the same species providing that it meets the standards of roguing and stand composition of the production area.(III) Elite trees including subspecies.(-a-) Individual characteristics. A tree must possess certain characteristics such as superior growth, wood quality, gum yield, etc., which can be described and must be capable of differentiation from other trees of the same species on the site.(-b-) Isolation. Nonprogeny tested open pollinated produced seed may be certified as selected tree seed if a 400-foot isolation strip is rogued to seed production area standards.(-c-) Identification. Each tree shall bear identifying numbers and/or letters traceable to records containing complete description of the tree and location of tree.(4) Seed handling.(A) Seed and/or cones shall be handled so as to prevent contamination and to maintain the identity of the lot. Each lot shall be identified at all times throughout handling. Lots of cones shall be isolated in drying by seedproof barriers to prevent mixing of seed as the cones open. All drying racks, bins, areas, etc. shall be thoroughly cleaned prior to use.(B) No lot of tree seed may contain more than 1,000 pounds.(5) Samples and testing of seed.(A) For seed of species not covered by the rules for testing seed, as adopted by the Association of Official Seed Analysts, the analysis and tests shall be in accordance with the rules of ISTA or appropriate state or governmental laboratories as determined by the department.(B) Tests will be acceptable only from laboratories approved by the State Seed and Plant Board in agreement with the department. Laboratory tests must be completed within nine months, exclusive of the month in which the test was completed, prior to shipment of seed, and the seed must have been stored in airtight moisture proof containers at a moisture content less than 10% and temperature below 30 degrees Fahrenheit from the time of sampling until shipment.(6) Seed standards.(A) Pine species.Attached Graphic(B) Other species. Standards for other species and/or groups of species will be included as they become available.(7) Label requirements.(A) The certification label shall include the information as follows:(i) elevation to the nearest 500 feet of the original geographic source and the average height and age of the trees from which collected. If available, site index (the capacity of a given site to produce trees as measured by the height of the trees at a specific age) may be recorded instead of the tree height and age;(ii) producer's name and address or code designation; (iii) species (and subspecies, if appropriate);(iv) lot number;(v) net weight.(B) An analysis tag or label is required on each certified seed container giving the information as follows:(i) common name of the species (and subspecies, if appropriate;(ii) scientific name of the genus and species (and subspecies, if appropriate);(iii) net weight.(iv) lot number (corresponding to lot number on certification label);(v) year collected;(vi) geographic origin (location of collection-state and county or other acceptable geographic zone within the state);(vii) calendar month and year the test was completed and by whom;(viii) percentage by weight of pure seed;(ix) percentage by count of full seed;(x) percentage by weight of inert matter;(xi) percentage of germination exclusive of hard seed;(xii) percentage of hard seed, if present;(xiii) speed of germination, as days to reach 90% of total;(xiv) pregermination treatment used in test;(xv) number of seed per pound;(xvi) name and address of certified seed grower.</content><note type="source"><p>Source Note: The provisions of this §10.29 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scH/s10.30"><num value="10.30">§10.30</num><heading>Seedling Production, Certified (Blue Label), and Certified Selected (Green Label)</heading><content>(a) Handling the crop prior to inspection.(1) Fees. The inspection fee as shown in Table I is required to be paid for each nursery site.(2) Applications. All applications for inspection of forest tree seedlings must be filed with the Seed Quality Program at least 30 days before seed sowing.(b) Nursery, seedbed, and bundle inspection.(1) At least two official inspections must be made. One inspection must be made at time of sowing to insure the genetic seed lot applied on for seedling production is sown. One inspection must be made just before plant lifting for compliance with the minimum requirements.(2) The nursery is subject to inspection at any time without prior notice.(c) Seedbed standards.(1) General requirements.(A) Seed lot restriction. Only one genetic seed lot (species and genetic quality) may be grown on any given area of seedbed. Reference should be made to subparagraph (C) of this paragraph for exception.(B) Identification. Each seedbed must be identified as to seed (species and genetic quality).(C) Isolation. A seedbed lot must be separated from another seedbed lot (species and/or genetic quality) by at least a 1 1/2-foot parallel path to the side of the seedbed and on the ends by at least a 10-foot space unsown to any other species.(D) Roguing. Seedbeds must be rogued for chance windblown seed of wild species of pine. The constant roguing of weeds, noxious weeds, and/or grasses must be practiced throughout the entire seedling production in accordance with sound tree seedling nursery practices.(E) Diseases, insects, rodents. Every seedbed must show evidence that the producer is carrying out a program to control all known harmful diseases, insects, and rodents that affect the seedlings.(2) Specific requirements at any inspection. Not more than 0.02% (1:5,000) distinguishable off-species is permitted.(d) Balings standard.(1) General requirements.(A) Lifting. Precaution must be taken so as to prevent contamination of one lot by another and to maintain the identity of each lot under certification.(B) Diseases and insects. Diseased seedlings or seedlings damaged by harmful insects and/or rodents will not be acceptable.(C) Size of bale. A standard seedling bale will consist of 2,000 seedlings. However, smaller bales may be packaged on special orders.(D) Packing the bale. Roots of the seedlings must be packed in wet spaghum peat moss or some other wetting medium acceptable to the certifying agency. The bale must be wrapped in asphalt treated waterproof kraft paper or in lieu of this it may be wrapped in polyethylene lined paper sufficiently strong enough to withstand packing and shipping. A 3/8 inch metal strap, or equivalent wires, must be used around each end of the bale in such a way as to prevent the seedlings, moss, or wetting medium from falling out. A minimum of one 30-inch wooden stake approximately one inch square must be fixed under the metal straps so as to give the bale rigidity.(2) Specific requirements. The following seedling grade specifications for pine are applicable:(A) general:(e) Label requirement. The certification label shall include the information as follows:(1) producer's name and address or code designation;(2) species;(3) subspecies, if applicable;(4) genetic quality;(5) date packaged;(6) lot number (identical to lot number of seed from which plant was produced); and(7) quantity (number of seedlings).</content><note type="source"><p>Source Note: The provisions of this §10.30 adopted to be effective September 2, 1996, 21 TexReg 7955.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scI"><num value="I">SUBCHAPTER I</num><heading>NATIVE PLANT MATERIALS</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scI/s10.31"><num value="10.31">§10.31</num><heading>Texas Native Plant Materials</heading><content>(a) Eligibility Requirements. Only forbs, grasses and shrubs that are native to and produced in Texas are eligible for certification. These standards address seed, seedlings, or other propagating materials of species, selections, clones, or intraspecific hybrids, which have not been released as a variety. (b) Definitions. In addition to the definitions found at §10.1 of this title (relating to Definitions), the following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Generation 1--The progeny of a Selected Texas Native Germplasm selection; (2) Generation 2--The progeny of a Selected Texas Native Germplasm Generation 1. (3) Generation 3--The progeny of a Selected Texas Native Germplasm Generation 1 or Generation 2. (4) Generation 4--The progeny of a Selected Texas Native Germplasm Generation 1, Generation 2, or Generation 3. (5) Generation 5--The progeny of a Selected Texas Native Germplasm Selected Native Germplasm Generation 1, Generation 2, Generation 3, or Generation 4. (6) Generation 6--The progeny of a Selected Texas Native Germplasm Generation 1, Generation 2, Generation 3, Generation 4, or Generation 5. (7) Generation 7--The progeny of a Selected Texas Germplasm Generation 1, Generation 2, Generation 3, Generation 4, Generation 5 or Generation 6. (8) Selected Texas Native Germplasm (green label)--Seed, seedlings, or other propagating materials from untested parentage of rigidly selected Texas native plant stands that have promise, but not proof, of genetic superiority. (9) Source Identified Texas Native Germplasm (yellow label)--Seed, seedlings, or other propagating materials collected from native plant stands in Texas, where no selection or testing of the parent population has been made. (c) Designation of Classes of Seed. For the purposes of this subchapter, Selected Texas Native Germplasm and Source Identified Texas Native Germplasm are eligible for certification. The classes are: (1) Source Identified Texas Native Germplasm; (2) Generation 1; (3) Generation 2; (4) Generation 3; (5) Generation 4; (6) Generation 5; (7) Generation 6; (8) Generation 7. (d) Field Standards. Attached Graphic(e) Seed Standards. The seed must meet the requirements of §10.9 of this title (relating to Seed Testing). (f) Label requirements. (1) The Selected Texas Native Germplasm certification label shall include the following information: (A) producer's name and address or code designation; (B) genus and species (and subspecies, if appropriate); (C) lot number; (D) generation, (E) net weight. (2) The Source Identified Texas Native Germplasm label shall include the following information: (A) producer's name and address or code designation; (B) genus and species (and subspecies, if appropriate); (C) lot number; (D) net weight. (3) In addition to the requirements of the Texas Agriculture Code §61.004, an analysis tag or label is required on each certified seed container and must contain the following additional information: (A) scientific name of the genus and species (and subspecies, if appropriate); (B) geographic collection site (location of collection-state and county or other acceptable geographic zone within the state). (4) Treated seed. Treated seed must meet the requirements adopted in §9.10 of this title (relating to Treated Seed). (5) Specific requirements. Attached GraphicAttached Graphic(g) Application and Fees for Field Inspection. (1) Application and inspection fees, as shown in Table I of §10.13 of this title (relating to Inspection fees for Certification) , are required to be paid at the time of application. (2) Filing of applications. In addition to the requirements of §10.15 of this title (relating to Genetic Seed Certification Standards), all applications for inspection must be filed with the department at least 30 days prior to flowering. (3) Field inspections. (A) At least one official inspection must be completed during the growing season at a time when it is possible to identify any other perennial grasses and/or strains of noxious weeds. (B) After the initial inspection, subsequent inspections are required only in years in which certified seed production is planned, provided that subsequent inspections shall not be more than five years apart. (C) Additional inspections may be performed at the discretion of the department at any time during seed collection and cleaning without prior notice.</content><note type="source"><p>Source Note: The provisions of this §10.31 adopted to be effective August 9, 2006, 31 TexReg 6203.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scJ"><num value="J">SUBCHAPTER J</num><heading>SEED POTATO STANDARDS</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.40"><num value="10.40">§10.40</num><heading>Application and Amplification of General Certification Standards</heading><content>(a) The general requirements as adopted by the State Seed and Plant Board, are basic standards and, together with the following specific standards, constitute the standards for certification of seed potatoes.(b) In addition to the definitions listed in §10.1 of this title (relating to Definitions), the following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Internal discoloration--Any type of necrosis, stem-end browning, internal brown spot or other similar types of discoloration not visible externally, except blackheart.(2) Mass or straight planting--As opposed to tuber-unit planting. May refer to whole or cut seed planted in a conventional manner.(3) Potato lot--A field, or the potatoes harvested therefrom.(4) Seed potatoes--The vegetatively propagated tuber or portion of tuber used for reproduction of the potato rather than true seed that is sexually produced from the potato flowers.(5) Soft rot or wet breakdown--Any soft, mushy, or leaky condition of the tissue.(6) Tuber-unit field--A field that is planted by tuber-unit method and from which entire units are rogued if any plant in a unit is found to have virus disease.(7) Tuber-unit planting--A method of dropping two or more seed pieces from one tuber consecutively in a row.(8) U.S. export seed potatoes--Potatoes that meet the requirements, disease tolerances and grade standards for international export as listed under the UNITED STATES EXPORT STANDARDS FOR SEED POTATOES; Appendix P - USDA Export Certification Manual as revised.(9) U.S. standards for seed potatoes--The grades of potatoes as defined and issued by the United States Department of Agriculture (USDA).</content><note type="source"><p>Source Note: The provisions of this §10.40 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.41"><num value="10.41">§10.41</num><heading>General Requirements</heading><content>(a) Any disease or other condition seriously affecting seed potato quality, and its ability to sprout and grow normally that is not mentioned in these rules, may be cause for the department to reject a lot entered for certification.(b) Any lot of seed potatoes may be rejected by the department at any time such lot is found not to meet the certification standards.(c) The applicant is responsible for all laboratory virus testing. All laboratory virus tests must be from a laboratory approved by the department.(d) All potato fields in the farming operation that are eligible and entered for certification must be physically separated from those potato fields on the farming operation not entered for certification. In addition, all equipment and storage bins used in the farming operation utilized for the purpose of certified seed production must be cleaned and disinfected prior to being used to plant, harvest, cultivate, spray or store certified seed potatoes.(e) All potato fields entered for certification must be adequately isolated by a minimum of 60 feet from adjacent fields not entered for certification or lots rejected for serious seed-borne diseases during the current season. Potato fields entered for certification not meeting isolation requirements will be reduced in acreage accordingly.(f) Each lot of seed potatoes in storage must be adequately separated from other potatoes to prevent mixture or contamination.(g) Each lot of certified seed potatoes must be kept in an isolated storage bin that contains only potatoes approved by the department. Potatoes from seed lots rejected for certification due to bacterial ring rot will not be allowed under any circumstances.(h) New sacks must be used if seed potatoes are harvested, stored or marketed in sacks unless they are shipped in bulk.</content><note type="source"><p>Source Note: The provisions of this §10.41 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.42"><num value="10.42">§10.42</num><heading>Labels, Bulk Certificates, Seals</heading><content>(a) Labels or bulk certificates will be issued by the department, only to the applicant or his agent. No mutilation of labels or bulk certificates, by writing or marking over, or otherwise altering original information printed thereon, will be permitted. The responsibility of proper use of labels and bulk certificates is placed on the person to whom such articles have been issued.(b) A seal shall be placed on the conveyance doors of bulk shipment containers identified by a bulk certificate.</content><note type="source"><p>Source Note: The provisions of this §10.42 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.43"><num value="10.43">§10.43</num><heading>Grades and Grade Inspection</heading><content>(a) All certified seed potatoes must be graded to conform with the U.S. standard grades and sizes for seed potatoes unless a signed waiver of grade inspection has been obtained from the purchaser as outlined in subsections (d) or (g) of this section.(b) All seed potatoes must be shipped under labels or bulk certificates that represent the grade to which they have been sorted. Potatoes failing to meet the grade specified on the label or bulk certificate shall be:(1) resorted to meet the grade requirements;(2) re-labeled with new labels or re-issued a new bulk certificate representative of the grade of the potatoes; or(3) the labels must be removed.(c) All shipments must be inspected by a Federal/State inspector at the time of shipment. The Federal/State Inspection Service is responsible for inspecting seed shipments to verify that proper grade standards have been met. If a "zero tolerance" disease such as bacterial ring rot or root knot nematode is suspected or any other condition which may disqualify a seed lot from certification is discovered during the inspection, the department shall be notified by the applicant so additional procedures can be implemented to identify and confirm the true nature of the problem.(d) Each lot sold shall be inspected by a Federal/State inspector or a waiver of grade inspection must be secured from the purchaser at the time of delivery or acceptance.(e) All certified seed potatoes marketed in bags and carrying a label must meet the highest grade requirements indicated by either the bag or the colored label. U.S. No. 1 seed grade is not strictly a U.S. No. 1 grade, and may not be marketed in bags branded as U.S. No. 1.(f) All certified seed potatoes exported outside of the U.S. shall meet the U.S. EXPORT "SEED POTATOES" standards for the given generation and/or class being shipped.(g) Certified seed potatoes marketed expressly for use as garden seed and shipped in quantities less than 10 cwt per cultivar or clone within the same load shall be exempt from Federal/State grade inspection. However, a waiver of grade inspection must be secured from the purchaser at the time of delivery or acceptance.</content><note type="source"><p>Source Note: The provisions of this §10.43 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.44"><num value="10.44">§10.44</num><heading>Field and Storage Inspections; Fees</heading><content>(a) Each field entered for certification shall receive at least two inspections. At the discretion of the department additional inspections may be conducted on any field. Each inspection shall consist of a visual examination of the growing plants in each field. At least 100 plants per acre shall be counted on the first and second inspections to determine disease percentages. When individual seed lots consist of less than 10 acres, at least 1000 plants or 100% of the lot shall be counted. Additional inspections shall consist of a visual survey of plants that normally does not include a plant count unless a disease condition or other problem is discovered that requires a numerical estimate of affected plants. All disease diagnoses or problem identifications shall consist of visual examination of the plants in question, except in the case of latent viral infections, where a serological test such as ELISA may be used to supplement the visual inspection. In the case of bacterial ring rot caused by Clavibacter michiganensis subsp. Sepedonicus, the visual diagnosis shall be supplemented with the gram stain procedure as described by Glick, Ark, and Racicot in the American Potato Journal, Vol.21:311-14, 1944 and an appropriate laboratory serological test as outlined in the "Protocol for Indexing and Confirmation of Diagnosis of Bacterial Ring Rot of Potato" (accepted 12/99 by the NPC U.S. Seed Potato Certification Subcommittee). Inspections of at least 4600 plants or 100% of the lot shall be conducted during the time that bacterial ring rot symptoms, if expressed, should be visible. When seed lots are rejected prior to final field inspection for reasons other than bacterial ring rot, such lots may be re-inspected. (b) Each storage building shall be inspected following completion of harvest and prior to removal of the certified seed potatoes to determine the suitability of the structure and bins to provide reasonable security against contamination and/or cultivar mixing. The applicant shall be responsible for proper disinfection of the storage building, bins and equipment utilized. Also, the applicant shall identify the location of each seed lot by means of a label attached to the storage bin. The label information shall include the applicant's name, seed lot number, cultivar, and number of hundredweight stored. In the event two or more seed lots are combined, the status of the entire lot shall be downgraded to the lowest generation and class concerned, and if a varietal mix has occurred, all seed lots which have been mixed shall be denied certification unless the varieties are capable of being visually separated and sorted to the satisfaction of the department. (c) Any lot of seed potatoes proven infected with bacterial ring rot will be rejected for certification regardless of the time or place of inspection. An applicant who has any lot of potatoes rejected because of bacterial ring rot will have an asterisk (*) printed in front of his seed lot number(s) on certified labels and bulk certificates. Any seed lot with an asterisk (*) in its designation shall not be eligible for re-certification. However, any seed lot identified by an asterisk (*) may be replanted for certification the following year on the original applicant's farm. (d) In the event a farming operation has more than one field planted from the same seed lot source and bacterial ring rot is discovered in at least one of the fields, the remaining fields (planted with the same seed source) will be automatically rejected unless the observed pattern of infected plants provides clear evidence that the cause of contamination was equipment used exclusively in connection with seed cutting, handling and/or planting the seed lot in question. (e) Field inspection may be refused and seed lots rejected for certification if the field cannot be properly inspected due to: (1) excess weeds; (2) hail or frost damage; (3) damage caused by insects or disease; (4) chemical injury; or (5) any other condition that prevents visual identification of diseases or other factors affecting seed quality and performance. Any lot rejected due to hail or frost may be retained by the original applicant for re-certification on his farm for the following year, provided post harvest test requirements are met. (f) Seed fields shall be marked in a manner that allows for the location of all lots. (g) An applicant of a rejected field may appeal the decision of the department by making such appeal in writing to the State Seed and Plant Board. Such appeal must be received within one week following the inspection and must state clearly the reason for the appeal and show cause why a re-inspection should be given. Roguing or sorting will not be permitted between the time of rejection and the appeal. (h) Fees. (1) Application and inspection fees, as shown in Table I of §10.13 of this title (relating to Inspection fees for Certification), are required to be paid at the time of application. (2) Filing of applications. In addition to the requirements of §10.12 of this title (relating to Number and Time of Field Inspections), all applications for inspection must be filed with the department at least 30 days prior to flowering.</content><note type="source"><p>Source Note: The provisions of this §10.44 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.45"><num value="10.45">§10.45</num><heading>Post Harvest Testing</heading><content>(a) Test required. All Texas certified seed potatoes must be subjected to a post harvest test and meet prescribed standards to be eligible for re-certification. (b) Planting of samples. Due to the inability to detect certain virus diseases at all times under field conditions, samples from seed lots eligible for re-certification shall be planted where these diseases can be observed in the greenhouse or in the south during the winter months. (c) Selection of samples. Samples are to be selected so as to represent all field areas of any given seed lot. Tubers must be in the 2-3 ounce size range. (d) Post Harvest Test. (1) Generation 1 (stocks for sale only). Not less than 25 tubers or 1.0% of the population, not to exceed 400 tubers in a given seed lot, shall be sampled. The applicant may elect to have laboratory testing for leafroll and potato virus Y prior to vine kill conducted in lieu of a southern post harvest test at similar sampling rates. The department will determine the actual number of tubers selected. (2) Generation 2. In any given seed lot, not less than 100 tubers or 1.0% of the population, not to exceed 400 tubers or the levels established for Generations 3-6, shall be sampled (3) Generations 3-6. (A) 400 tubers per seed lot for lots up to 40 acres. (B) 800 tubers per seed lot for lots 41-80 acres. (C) An additional 200 tubers will be required for each 40 acres or portion thereof beyond 80 acres. (D) Exceptionally small lots - Not less than 100 tubers or 1.0% of the population. (e) Substitutions. Under certain circumstances a greenhouse grow-out will be substituted for the field test to meet eligibility requirements for re-certification. Sample size shall be 200 tubers of 2-3 ounce size range per seed lot. (f) Post harvest text sample. Representative post harvest test samples of suitable size will be collected by the applicant. The applicant must deliver the samples to a designated assembly point. The samples of seed tubers from all lots eligible for re-certification are grown in a post harvest test either in the greenhouse or in a southern test plot during the winter months to observe the plants for evidence of disease spread or chemical damage that may have occurred the previous growing season. Each plant in each seed lot sample is visually observed for disease symptoms. The stand count in each lot is recorded and disease content is calculated by dividing the number of diseased plants observed by the total number of tubers planted. Seed lots found to contain tuber-borne diseases in excess of prescribed tolerances will be ineligible for certification the following season. If the tubers of any seed lot sample submitted for post harvest testing do not produce plants of adequate size due to dormancy problems or the plants are destroyed due to weather, pests or other unforeseen problems at the test plot site, the respective seed lots will be evaluated by the department for re-certification eligibility on the basis of appropriate field inspection data. (g) Post Harvest Testing Disease Tolerances. In addition to the general requirements for post harvest testing, the following special requirements must be met by each generation and class of seed to be re-certified: Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.45 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.46"><num value="10.46">§10.46</num><heading>Out-of-State Seed Stocks</heading><content>Any potato cultivar or numbered clone brought in from out-of-state whose disease symptom expression resulting from infection with the ring rot bacterium (Clavibacter michiganensis subsp. Sepedonicus) or potato leafroll virus is unknown under Texas growing conditions shall be eligible for certification under the following conditions: (1) If test results demonstrate adequate symptom intensity, that will normally permit inspectors to visually detect the presence of these diseases under field conditions, the seed lot will be allowed to proceed through the certification process and be approved provided other requirements are met. Testing to determine disease reaction will be concurrent with field production of the cultivars or numbered clones in question. Applicants who intend to enter such stocks in the current year's certification program must provide a minimum of 75 tubers of each cultivar or numbered clone to the department by May 1st of any given growing season. (2) In the event disease expression is totally latent or mild to the degree that prevents detection during field inspection an affidavit must be signed by the buyer that acknowledges the limitations to disease detection.</content><note type="source"><p>Source Note: The provisions of this §10.46 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.47"><num value="10.47">§10.47</num><heading>Laboratory Virus Testing Required</heading><content>Laboratory virus testing is required as follows:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.47 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.48"><num value="10.48">§10.48</num><heading>Special Requirements for Limited Generation Seed Potatoes</heading><content>(a) Identification requirements. Each lot of seed potatoes entered for certification shall be identified as Limited Generation, Non-Generation Certified or Experimental. Experimental seed must be accompanied by written authorization from the breeding program from which the numbered potato selections originate (germplasm release notice). Each seed lot must meet all General Requirements and applicable Special Requirements provided herein. Any seed lot brought into the Texas limited generation system from out-of-state will have its entry level determined by the State Seed and Plant Board. Listed below are the various steps that any given seed stock will pass through in the Limited Generation System: (1) Nuclear (Lab and/or greenhouse produced) (2) Generation 1 (1st year in field) (3) Generation 2 (2nd year in field) (4) Generation 3 (3rd year in field) (5) Generation 4 (4th year in field) (6) Generation 5 (5th year in field) (7) Generation 6 (6th year in field) (b) Seed sources and disease tolerance standards. (1) Nuclear. (A) Seed source. Seed must be from single hill field selections obtained from certified seed of Generation 5 or earlier generations or from a source approved by the department. (B) Disease symptoms. A seed must be free of all visible disease symptoms. Testing for Clavibacter michiganensis subsp.sepedonicus will be handled as outlined in the "Protocol for Indexing and Confirmation of Diagnosis of Bacterial Ring Rot of Potato" (accepted 12/1/99 by the NPC U.S. Seed Potato Certification Subcommittee). (C) Mother plants. Those units (plantlets) initiated from field selected plants or tubers. All mother plants to be used for subsequent propagation must be tested and proven negative for the following disease organisms: Clavibacter michiganensis subsp. sepedonicus, Erwinia carotovora subsp. atroseptica and carotovora, potato viruses X, S, Y, A and M (hereafter referred to as PVX, PVS, PVY, PVA and PVM), PVM-ID, Potato Latent virus, potato leafroll virus (PLRV), and potato spindle tuber viroid (PSTV). (D) Nuclear stocks. Those stocks derived from mother plants. These include material used in maintaining a clone bank, plantlets increased for use in production of in-vitro microtubers, microtubers, plantlets increased for use in field production of tubers, and minitubers produced in a greenhouse. (E) Clone bank. The clone bank in-vitro stocks will be tested on an annual basis and found negative for PVX, PVS, PVY, PVM, Clavibacter michiganensis subsp. sepedonicus, and Erwinia carotovora subspp. atroseptica and carotovora. (F) Plantlet/greenhouse production. Representative samples of micropropagated materials for use in field or greenhouse plantings, of not less than 10 units and not to exceed 1.0% of the planting stock, must be tested for PVX and PVS to verify that such material still tests negative for these pathogens. In the case of greenhouse production, the testing will take place between the time of first and second visual inspections. In the event that trace amounts of virus are detected, the applicant will be informed of the results and have the seed lot in question classified accordingly upon completion of the Generation 1 field-testing. Greenhouse stocks will have an additional test for the presence of Erwinia carotovora subspp. and Clavibacter michiganensis subsp. sepedonicus (Cms) completed at the same rate as above on the minitubers. A positive test for presence of Erwinia carotovora subspp. shall result in downgrading of the stocks to Generation 2 for sale outside the originating applicant's program. However, the contaminated stocks may be replanted for certification and entered as Generation 1 on the original applicant's farm. Under certain circumstances an additional test for Phytophthora infestans will be performed on the minitubers brought in for testing. A positive result for either P. infestans or Cms will result in rejection of the lot(s) from certification. (2) Generation 1. (A) Seed source must be Nuclear stocks approved by the State Seed and Plant Board. All Nuclear seed stocks must have a Certificate of Origin, label, or similar document available for inspection by the department prior to being accepted into the certification program. (B) Tubers must be planted in identifiable family units. (C) Each family unit will be lab tested for PVX and PVS and, at the applicant's option for potato leafroll virus. At least 1.0% of the plants, not to exceed 1000 plants, must be sampled. If there are indications that viral infection has taken place, then, at the applicant's option, at least one leaflet from each plant in the infected family unit will be sampled to identify and aid in removal of the infected plants, or blocks of samples will be tested to determine the extent of the infection. If the applicant refuses additional testing or the level of virus found in the stocks is too high for removal of infected plants, the lot will be downgraded to the next appropriate generation level. Trace PVX or PVS infections, as determined by the department, will not result in downgrading of the lot if replanted for certification on the original applicant's farm the following year. (D) Must meet Class A requirements or will be downgraded to next appropriate generation level. (3) Generation 2. (A) Seed source must be Nuclear or Generation 1 and family units may be maintained. (B) Representative samples of at least 200 leaflets per acre will be tested for PVX and, at the applicant's option, tested for PVS. (C) Must meet Class A or B requirements or will be downgraded to Generation 3. (4) Generation 3. (A) Seed source must be Generation 2 or earlier generations. (B) Representative samples of at least 20 leaflets per acre and not less than 100 leaflets from any given seed lot will be tested for PVX and, at the applicant's option, tested for PVS. (5) Generation 4. Seed source must be Generation 3 or earlier generations. (6) Generation 5. Seed source must be Generation 4 or earlier generations. (7) Generation 6. (A) Seed source must be Generation 5 or earlier generations. (B) May be labeled and sold as Generation 6 but is not eligible for certification the following year. (c) Isolation for Limited Generation Seed. Field Isolation. (1) Generations 1-3 potatoes must be separated from Generations 4-6, Non-Generation Certified and Experimental lots by a minimum distance of at least two blank row widths. (2) Storage Isolation. (A) Generation 1 potatoes must be isolated from all other certified potatoes in the same storage building. Emphasis should be directed toward intensive sanitation and physical separation by solid wall partitions. (B) All certified seed lots must be kept in a storage bin that contains only seed entered for certification. Non-certified stocks and potatoes rejected due to blackleg or zero tolerance diseases such as bacterial ring rot will not be allowed in the storage bin; the presence of such potatoes will result in rejection of the certified seed lots present. (d) Field Inspection Tolerances for Limited Generation Seed. Attached Graphic(e) Sale of Nuclear Material from Private or Applicant Operated Laboratories. (1) Rules governing the seed sources and disease tolerance standards for Nuclear stocks must be followed. All stocks not initiated in the year of production or sale must have an annual testing for the presence of disease organisms and a grow-out or other test approved by the department to verify trueness to type and varietal identification. (2) Accurate and complete accession records must be kept on all nuclear stocks and be available for review if requested by the department. Information should include year of initiation into tissue culture, source of the line, general increase data, pertinent field performance characteristics, and disease testing history. (3) All greenhouse-produced stocks (minitubers) shall have at least two inspections during their growth. At the time of the second inspection, prior to vine death, plants will be examined to verify trueness to type and varietal identification. Minitubers will be examined in storage for any apparent problems prior to shipment or subsequent field growth. (4) All nuclear stocks must be kept in a clone bank with accurate identification on each tube or vessel. These stocks shall be kept in the clone bank no less than one year from the date of any sale. (5) Nuclear stocks sold will not be labeled with an official label or bulk certificate used on other certified seed stocks. Instead, there will be an affidavit included with the nuclear material which carries information relating to its accession, disease testing records, varietal identification, numbers sold, and product identity (i.e., minitubers, tissue culture plantlets, microtubers, etc.). The stocks will be recorded as eligible for certification as Generation 1 under these rules and regulations.</content><note type="source"><p>Source Note: The provisions of this §10.48 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.49"><num value="10.49">§10.49</num><heading>Special Requirements for Non-Generation Seed Potatoes</heading><content>Seed identified as Non-Generation Certified (NGC) is intended to provide limited opportunity for a applicant to produce certified stocks of cultivars for which micropropagated laboratory-tested seed sources are temporarily not available. Applicants who intend to produce NGC seed must verify to the Department prior to April 1st of any given growing season that the cultivar in question is not available from a Limited Generation seed program, and furthermore have each request reviewed and approved by the State Seed and Plant Board. However, any prospective seed lots must have been post harvest tested and meet qualifications for re-certification. NGC seed lots will be inspected and classified according to the disease tolerances and all of the applicable Rules and Regulations established for Generation 6. These stocks will be identified in the Seed Directory and when sold will be inspected for grade and properly identified with labels or bulk certificates. The symbols "NGC" shall be printed on the labels and bulk certificates to denote their status.</content><note type="source"><p>Source Note: The provisions of this §10.49 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scJ/s10.50"><num value="10.50">§10.50</num><heading>Grade Standards for Certified Seed Potatoes</heading><content>(a) The following grade standards apply to all certified seed potatoes. Attached Graphic(b) Blue Label Grade shall consist of potatoes which meet the requirements of the disease tolerances and grade standards previously listed for Certified Seed Potatoes. In addition, they shall be graded to conform to the U.S. No. 1 seed potatoes grade as defined under U.S. Standards for Grades of Seed Potatoes with the following exceptions: (1) Not more than 1% of the potatoes shall be damaged by dry rot. (2) Size shall be 1-1/2" to 12 oz. unless a smaller maximum is specified on the label or bulk certificate. (3) Not more than 3% of the potatoes in any lot may be below the specified size and, in addition, not more than 8% may be above the specified size. (4) Physiological internal pigmentation shall not be considered a grade factor. (c) Yellow Label Grade shall consist of potatoes which meet the requirements of the disease tolerances and grade standards previously listed for Certified Seed Potatoes. This grade is intended to provide the buyer and seller an opportunity to establish certain mutually agreed upon specifications not allowed in the Blue Label Grade. The potatoes must be graded to conform to the U.S. No. 1 seed potatoes grade as defined under U.S. Standards for Grades of Seed Potatoes with the following exceptions: (1) Soft rot shall not exceed 1%. (2) Tuber size shall be specified on the label or bulk certificate. Tolerances for specified size limits: Not more than 3% of the potatoes in any lot may be below the stated minimum and, in addition, not more than 10% may be above the stated maximum. (3) Tubers shall not be seriously damaged by external defects, or seriously misshapen unless otherwise specified, and shall meet the tolerances for a U.S. No. 2 Grade. (4) Physiological internal pigmentation shall not be considered a grade factor. (d) The application of grade and size tolerances shall be as outlined in the United States Standards for Potatoes, §51.3003.</content><note type="source"><p>Source Note: The provisions of this §10.50 adopted to be effective November 7, 2006, 31 TexReg 8983.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c10/scK"><num value="K">SUBCHAPTER K</num><heading>INDUSTRIAL HEMP SEED, FIELD STANDARDS</heading><section identifier="/us/state/tx/tac/t4/p1/c10/scK/s10.51"><num value="10.51">§10.51</num><heading>Application and Amplification of Industrial Hemp Seed Certification</heading><content>(a) The general requirements, as adopted by the State Seed and Plant Board, are basic and, together with the following specific standards, constitute the standards for certification of industrial hemp seed.(b) "Industrial hemp" or "hemp" as defined Texas Agriculture Code §121.001 means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial Hemp includes varieties of these kinds:(1) Dioecious type: with male and female flowers on separate plants.(2) Monoecious type: with male and female flowers on the same plant.(3) (Unisexual Female) Hybrids: with sterile male and fertile female flowers on the same plant.</content><note type="source"><p>Source Note: The provisions of this §10.51 adopted to be effective June 4, 2020, 45 TexReg 3618.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scK/s10.52"><num value="10.52">§10.52</num><heading>Land Requirements (Rules Covering Land Prior to Planting)</heading><content>(a) Hemp crops for Foundation and Registered classes must not be grown on land which in any of the preceding three years produced a crop of industrial hemp.(b) Hemp crops for Certified classes must not be grown on land which:(1) In the preceding year produced a certified crop of the same variety; or(2) In either of the preceding 2 years produced a non-certified crop of industrial hemp or a different variety of industrial hemp.(c) Weeds. The presence of Broomrape (Orobanche spp.) in industrial hemps crops is cause for declining certified status.</content><note type="source"><p>Source Note: The provisions of this §10.52 adopted to be effective June 4, 2020, 45 TexReg 3618.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scK/s10.53"><num value="10.53">§10.53</num><heading>Handling of Crop Prior to Inspection</heading><content>(a) Fees. The annual inspection fee, as shown in Table 1 of §10.13 of this title (relating to Acreage Inspection Fees for Certification), is required to be paid.(b) Applications. All applications for annual inspection must be filed with the Seed Quality Program no later than 30 days after planting.(c) Licenses. All applicants must be a Certified Seed Grower and possess the proper license under the Chapter 62 of Texas Agriculture Code.(d) Varieties. Only varieties of industrial hemp approved by the Texas Department of Agriculture Certification Program and the Texas Department of Agriculture Hemp Program and are eligible for certification.</content><note type="source"><p>Source Note: The provisions of this §10.53 adopted to be effective June 4, 2020, 45 TexReg 3618.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c10/scK/s10.54"><num value="10.54">§10.54</num><heading>Field Standards</heading><content>(a) Crop Inspection.(1) The applicant shall notify the department's Regional Office in the area in which the field is located, two weeks prior to the time of the first inspection. (2) It is the applicant's responsibility to ensure that fields are registered and inspected by a representative of the Texas Department of Agriculture at least once prior to swathing or harvesting. Foundation, Registered, and Certified monoecious types and unisexual hybrids and Foundation dioecious types shall be inspected by a representative of the department at least two times.(3) A field that is cut, swathed or harvested prior to any required crop inspection is not eligible for certification.(4) Fields must be inspected at a stage of growth when varietal purity is best determined. Crops not inspected at the proper stage for best determining varietal purity may be cause for declining certified status.(A) First inspection for all classes of monoecious types must be made just before or at early flowering. First inspection for all classes of dioecious types must be made after flowering when male plants are beginning to senesce.(B) Second inspection for all classes of monoecious types and the Foundation class of dioecious types must be made when seeds are physiologically maturity.(C) Isolation areas will be inspected for volunteer industrial hemp plants on each inspection.(b) Isolation. (1) The area, density, stage of maturity and location of any contaminating pollen source is an important factor in cross pollination, and therefore must be noted on the Field Inspection Report for consideration in determining certification status. There shall not be any Cannabis sativa L. plants within 300 ft. of the crop and not more than 10 plants/2.5 acres beyond 300 ft. within the isolation requirement (this refers to individual plants, see Figure 1 of this section for field isolation standards).(2) The required isolation must be present prior to flowering and crop inspection.Attached Graphic(c) Impurity Standards.(1) Impurities should be removed prior to crop inspection. (2) Any combination of impurities may be reason for declining certified status.(3) Table 2 indicates the maximum number of impurities permitted in approximately 10,000 plants of the inspected crop. The inspector makes at least 6 counts (10,000 plants each) or the equivalent to determine the number of impurities. The resulting average of these counts must not exceed the maximum impurity standards in Figure 2 of this section.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §10.54 adopted to be effective June 4, 2020, 45 TexReg 3618.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c11"><num value="11">CHAPTER 11</num><heading>TEXAS OFFICE OF PRODUCE SAFETY</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c11/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c11/scA/s11.1"><num value="11.1">§11.1</num><heading>Definitions</heading><content>In addition to the definitions set forth in 21 CFR Part 112, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Anniversary Date--The last day following two years from the issuance of a Qualified Exemption.(2) CFR--Code of Federal Regulations.(3) Department--The Texas Department of Agriculture.(4) Egregious condition--A practice, condition, or situation on a covered farm or in a packing facility that is undertaken as part of a covered activity that directly causes, or is likely to directly cause:(A) serious adverse health consequences or death from the consumption of or exposure to covered produce; or(B) an imminent public health hazard.(5) FDA--United States Food and Drug Administration.(6) Inspection--An initial or follow up inspection conducted by TOPS for the purpose of inspecting covered produce, a covered farm, or records related to the Produce Safety Rule.(7) Produce Safety Rule--21 CFR Part 112: Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption, including any additions, amendments or revisions thereto.(8) Raw agricultural commodity (RAC)--The term "raw agricultural commodity" is defined in Section 201(r) of the Federal Food, Drug and Cosmetic Act and means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing. See 21 U.S.C. §321(4) and 21 CFR §112.3.(9) TOPS--Texas Office of Produce Safety.</content><note type="source"><p>Source Note: The provisions of this §11.1 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scA/s11.2"><num value="11.2">§11.2</num><heading>Covered Produce</heading><content>(a) Covered produce. Covered produce includes produce listed in 21 CFR §112.1.(b) Produce that is not covered.(1) The following produce is "not covered" by the Produce Safety Rule under 21 CFR §112.2(a):(A) produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management;(B) produce that is not a RAC; and(C) produce that is rarely consumed raw, specifically the produce on the following exhaustive list: Asparagus; beans, black; beans, great Northern; beans, kidney; beans, lima; beans, navy; beans, pinto; beets, garden (roots and tops); beets, sugar; cashews; cherries, sour; chickpeas; cocoa beans; coffee beans; collards; corn, sweet; cranberries; dates; dill (seeds and weed); eggplants; figs; ginger; hazelnuts; horseradish; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; squash, winter; sweet potatoes; and water chestnuts.(2) A farm which solely produces produce that is "not covered" is not subject to the Produce Safety Rule or this chapter.(3) Produce is eligible for exemption from the requirements of this part if the produce receives commercial processing that adequately reduces the presence of microorganisms of public health significance.</content><note type="source"><p>Source Note: The provisions of this §11.2 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scA/s11.3"><num value="11.3">§11.3</num><heading>Covered Farms</heading><content>Per 21 CFR §112.4, the following farms are covered by the Produce Safety Rule and this chapter:(1) a farm which produces covered produce sold during the previous 3-year period in an amount more than $25,000 (on a rolling basis), adjusted for inflation using 2011 as the baseline year for calculating the adjustment;(2) a farm which has its primary production that is devoted to growing, harvesting (such as hulling or shelling), packing, and/or holding of RAC; or(3) a farm which performs covered activities, including manufacturing/processing of covered produce on a farm, but only to the extent that such activities are performed on RAC.</content><note type="source"><p>Source Note: The provisions of this §11.3 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scA/s11.4"><num value="11.4">§11.4</num><heading>FDA Coordinated Outbreak Response and Evaluation ("CORE") Network</heading><content>(a) Subject to its cooperation agreement with FDA, TOPS will work in coordination with the FDA's Coordinated Outbreak Response and Evaluation ("CORE") Network to respond to an outbreak which has been identified by CORE.(b) FDA will be the lead agency conducting on-site visits and inspections related to an outbreak.</content><note type="source"><p>Source Note: The provisions of this §11.4 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c11/scB"><num value="B">SUBCHAPTER B</num><heading>COVERAGE AND EXEMPTIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c11/scB/s11.20"><num value="11.20">§11.20</num><heading>Qualified Exemption</heading><content>(a) TOPS may conduct a pre-assessment review to determine whether a farm is covered by the Produce Safety Rule and/or eligible for a Qualified Exemption.(1) A covered farm is eligible for a Qualified Exemption if it meets the requirements of 21 CFR §112.5.(2) A covered farm which is eligible for a Qualified Exemption under 21 CFR §112.5, must establish and maintain adequate records demonstrating compliance with criteria necessary for Qualified Exemption as required by 21 CFR §112.7(b).(3) A covered farm eligible for a Qualified Exemption is subject to the modified requirements set forth in 21 CFR §112.6, and this chapter.(b) Federal law determines whether or not a farm is subject to the Produce Safety Rule. Failure to permit TOPS to conduct a pre-assessment review does not exclude a farm from being subject to this chapter or the Produce Safety Rule.</content><note type="source"><p>Source Note: The provisions of this §11.20 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scB/s11.21"><num value="11.21">§11.21</num><heading>Verification of Exemption</heading><content>(a) A covered farm shall be required to reaffirm eligibility for a Qualified Exemption upon its Anniversary Date. Qualified Exemption determinations for covered farms shall be valid for two years from the date of verification by TOPS.(b) TDA will provide notice of the required reaffirmation and renewal of a Qualified Exemption by sending a Qualified Exemption Verification Form to the producer's last known address, as reflected in TDA's records, at least 30 days prior to the Anniversary Date.(c) Failure to return a Qualified Exemption Verification Form within 45 days after the Anniversary Date shall result in a required on-site visit by TOPS to reevaluate exemption, coverage, or eligibility for a qualified exemption. Failure to return a Qualified Exemption Verification Form within 60 days of the Anniversary Date shall result in the presumption by TOPS that the farm is subject to all requirements of the Produce Safety Rule and this chapter.(d) TOPS reserves the right to schedule, at any time, an on-site visit to verify whether a farm is exempt, covered, or eligible for a Qualified Exemption.</content><note type="source"><p>Source Note: The provisions of this §11.21 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scB/s11.22"><num value="11.22">§11.22</num><heading>Change in Eligibility</heading><content>If a farm's qualification for an exemption or eligibility for a Qualified Exemption changes, or if its Qualified Exemption is withdrawn by the FDA as outlined in 21 CFR Part 112, Subpart R, the farm will be considered "Covered" and will be subject to all requirements of the Produce Safety Rule and this chapter.</content><note type="source"><p>Source Note: The provisions of this §11.22 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c11/scC"><num value="C">SUBCHAPTER C</num><heading>COMPLIANCE AND ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t4/p1/c11/scC/s11.40"><num value="11.40">§11.40</num><heading>Right of Entry</heading><content>(a) Right of Entry to Determine Coverage or Verify Exceptions. TOPS may enter the premises of a farm growing produce during normal business hours to determine coverage and/or verify exceptions to the Produce Safety Rule.(b) Right of Entry to Conduct Inspections. TOPS may enter all locations or areas of a covered farm or Qualified Exempt farm during operating hours where there are activities, conditions, produce, and equipment, or at any other location where covered activities occur, to conduct inspections.(c) Egregious Condition. TOPS may enter the premises of a covered and exempt/or Qualified Exempt farm at any time to conduct an inspection in response to an egregious condition at all locations or areas where there are activities, conditions, produce, and equipment, or at any other location where covered activities occur.(d) Failure to Comply. Refusal to allow a TOPS inspection, or interfering with TOPS' ability to perform its duties under this section, shall result in a violation, as stated in §11.41 of this chapter, relating to Enforcement and Penalties.</content><note type="source"><p>Source Note: The provisions of this §11.40 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scC/s11.41"><num value="11.41">§11.41</num><heading>Enforcement and Penalties</heading><content>(a) The following actions may be taken, and penalties may be assessed in response to findings of violations of the Produce Safety Rule.Attached Graphic(b) A corrective action plan must be developed by the producer and approved by TOPS in response to one or more findings by TOPS of a violation of the Produce Safety Rule. The producer must implement the corrective action plan and demonstrate, upon a follow up inspection by TOPS, that it has fully and permanently corrected the violations of the Produce Safety Rule made the subject of the findings by TOPS in its previous inspection.</content><note type="source"><p>Source Note: The provisions of this §11.41 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scC/s11.42"><num value="11.42">§11.42</num><heading>Stop Sale</heading><content>(a) TOPS may issue a stop sale order upon a finding of an egregious condition or for repeated failure to comply with one or more corrective action plans which may result in risk to public health.(b) A stop sale order shall apply to all covered produce, lots, batches, or bins that are determined to be non-compliant, at-risk, or affected by an egregious condition. A stop sale order may also include covered produce that is stored or in transit.</content><note type="source"><p>Source Note: The provisions of this §11.42 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c11/scC/s11.43"><num value="11.43">§11.43</num><heading>Complaint Investigation</heading><content>(a) Any person with reasonable cause to believe that a producer has violated the Produce Safety Rule or this chapter may file a complaint with TOPS.(b) TOPS may, in its sole discretion, investigate the complaint and make a full written report.</content><note type="source"><p>Source Note: The provisions of this §11.43 adopted to be effective September 11, 2019, 44 TexReg 4855.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c12"><num value="12">CHAPTER 12</num><heading>WEIGHTS AND MEASURES</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scA/s12.1"><num value="12.1">§12.1</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 13 and Texas Administrative Code, Title 4, Part 1, §1.1, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) ASTM--American Society for Testing Materials(2) Audit--An official department administrative review of all device inspections, tests, and calibrations records and/or related documentation.(3) Certificate of authority--Written authorization issued by the department authorizing a public weigher to issue an official certificate.(4) Certified/Certification--Written verification from a department-approved laboratory declaring the accuracy of a service company's test standards.(5) Code--The Texas Agriculture Code.(6) Commercial transaction--The purchase, offer or submission for sale, hire or award, or barter or exchange of an item.(7) Consumer information sticker--A sticker that directs consumers to registration, inspection, and complaint information regarding a device; and that must be placed on each weighing or measuring device used for commercial transactions.(8) Device--Any scale or liquefied petroleum gas meter used in a commercial transaction. Device includes any accessory which may affect accuracy. The term also includes weighing and measuring equipment in official use for the enforcement of law or for the collection of statistical information by government agencies.(9) Immediate consumption food scale--A scale exclusively used to weigh food sold in accordance with Section 13.1002 of the Code.(10) Inspection--The act of examining, testing, or calibrating a weighing or measuring device, including department audits, service observations, and onsite facility review duties.(11) LPG Meter--A device used for the measurement of liquefied petroleum gas.(12) NIST--National Institute of Standards and Technology, United States Department of Commerce.(13) NIST Handbook 44--NIST publication that sets the specifications, tolerances, and other technical requirements for weighing and measuring devices.(14) Official certificate--A certificate declaring the accurate weight or measure of a commodity which includes: the time and date the weight or measure was taken, signature and license number of the public weigher, and the seal of the department.(15) OIML--International Organization of Legal Metrology.(16) Operator of a Device--A person operates a device if the person collects or distributes payments for a commercial transaction for which the device is used; oversees the day-to-day operation of the device; or owns, leases, manages, or otherwise controls the physical location of the device or the device itself.(17) Out-of-order tag--A notice attached to a device directing that the device may not be used for commercial service.(18) Person--An individual or a corporation, partnership, limited liability company, business trust, trust, association, or other organization, estate, government or governmental subdivision or agency, or other legal entity.(19) Ranch scale--A livestock scale which is located on a private ranch and which has a capacity of 5,000 pounds or greater.(20) Representative of the Commissioner--An individual employed by the department authorized to perform one or more of the following: audits, reviews, inspections, and/or service observations under specified chapters of the Code.(21) Service observation--An official department observation completed by a Representative of the Commissioner on service technicians that occurs periodically to ensure compliance with the applicable standards of device inspection, testing, and calibrating.(22) Service report--A prescribed report, prepared by a service technician and filed with the department by a service company, describing the services performed on a device or a set of devices by the service technician.(23) Sub-kit--A subdivided series of test standards that weigh a total of not less than one pound in avoirdupois units and whose smallest test standard weighs not more than one-sixteenth (1/16) ounce or five-thousandths (0.005) pound.(24) Test--A field examination of a device to determine compliance with the requirements of this chapter.(25) Test Standard--A certified weight or measure used to test a device.(26) Test kit--A collection of test standards that collectively weigh 30 pounds and that consists of one sub-kit, at least one one-pound standard, and any other combination of standards that allows a scale with a capacity of 30 pounds or less be tested in one-pound increments to capacity.</content><note type="source"><p>Source Note: The provisions of this §12.1 adopted to be effective January 23, 2018, 43 TexReg 340; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scB"><num value="B">SUBCHAPTER B</num><heading>DEVICES</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scB/s12.10"><num value="12.10">§12.10</num><heading>Standards</heading><content>The department adopts by reference NIST Handbook 44.</content><note type="source"><p>Source Note: The provisions of this §12.10 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scB/s12.11"><num value="12.11">§12.11</num><heading>Registration of Commercial Weighing and Measuring Devices</heading><content>(a) Registration Required. Except as provided by §12.13 of this chapter (relating to Devices Subject to Registration and Inspection; Exemptions), a person who intends to operate one or more devices for commercial transactions at a particular location shall, prior to using the devices for commercial transactions:(1) register the location where the devices are to be operated; and(2) provide the public notice of registration required by subsection (i) of this section.(b) Registration by Owner. Notwithstanding subsection (a) of this section, the owner of a device operated by another person may register, under the owner's name, the location where the device is operated, provided that all devices of the same type at that location are covered by the same registration. Both the person registering the location and the operator of the devices at that location are responsible for ensuring that the devices and their operation comply with the requirements of this chapter and Chapter 13 of the Code.(c) Procedure for Registration. The registration required by this section shall be obtained by:(1) submitting to the department a complete and accurate application form prescribed by the department, using the most recent version of the application form and declaring the number of devices to be operated at the location; and(2) remitting to the department the total fee for all devices to be operated at the location using the fee schedule in §12.12 of this chapter (relating to Fee Schedule for Commercial Weighing and Measuring Devices and Consumer Information Stickers).(d) Annual Registration Renewal Required. The registration required by this section shall be renewed annually by:(1) submitting to the department a complete and accurate registration renewal form prescribed by the department, using the most current version of the form and declaring any increase or decrease in the number of devices installed if not previously reported under subsection (e) of this section;(2) remitting to the department the total fee for all devices to be operated at the location, including any additional devices not previously reported, using the fee schedule in §12.12 of this chapter; and(3) including within the total remitted fee any late fee adjustments required by §12.024 of the Code.(e) Changes in the Number of Declared Devices at a Registered Location.(1) Increase in the Number of Devices. If the number of devices of the same type being operated at a currently registered location changes, such that the number of devices to be operated at that location is greater than the number of devices previously declared for that location, the person who registered that location shall, prior to using the additional devices for commercial transactions:(A) submit to the department a complete and accurate change of device form prescribed by the department, using the most recent version of the form and declaring the number of additional devices to be operated at that location; and(B) remit to the department the total fee for all additional devices to be operated using the fee schedule in §12.12 of this chapter.(2) Decrease in the Number of Installed Devices. If the number of devices of same type being operated at a currently registered location changes, such that the number of devices to be operated at that location is less than the number of devices previously declared for that location, the person who registered that location shall within 10 business days after any such device is removed submit to the department either a complete and accurate change of device form prescribed by the department or a registration renewal form, using the most recent version of either form and declaring the number of devices removed from that location. Fees previously remitted for registering a device subsequently removed will not be refunded, either in whole or in part.(f) Expiration of Registration. Registrations obtained under this section expire on the date printed on the certificate of registration. A registration that has been expired for less than one year may be renewed using the procedure provided in subsection (d) of this section. A registration that has been expired for one year or longer cannot be renewed and a new registration must be obtained using the procedure provided in subsection (c) of this section.(g) Registration Non-Transferable. A registration cannot be transferred to another person. If the person registering a location ceases to own or operate the devices at that location, the new owner or operator must register the location using the procedure in subsection (c) of this section.(h) Change of Business Identity. For purposes of this section, a change in the registrant's franchise tax identification number, taxpayer identification number, legal name, or dba name constitutes a change of owner or operator and a prohibited attempt to transfer a registration.(i) Public Notice of Registration Required. A person registering a location under this section shall prominently display at the location both the person's Weights and Measures Certificate of Registration and the required number of consumer information stickers in the manner provided by this subsection.(1) Weights and Measures Certificate of Registration.(A) Display of Original Certificate. The original certificate of registration issued by the department shall be prominently displayed within the main building, structure, or site at the registered location shown on the face of the certificate so as to, during regular business hours, be in plain sight of, legible to, and physically accessible to the average consumer of weighed or measured products sold or offered for sale at the registered location.(B) Display of Certificate Copy at Satellite Location. If the registered location contains a site for consumer transactions that is not directly attached to and a part of the main building or structure, a copy of the original certificate of registration shall be displayed at each such separate site so as to, during regular business hours, be in plain sight of, legible to, and physically accessible to the average consumer of weighed or measured products sold or offered for sale at the separate site.(C) Damaged, Destroyed, Lost, or Illegible Original Certificate or Copy. If an original or copy certificate becomes damaged, destroyed, lost, or otherwise illegible so that any part of the information on the certificate is no longer legible to the average consumer of weighed or measured products sold or offered for sale at the registered location, the original or copy shall be replaced as follows:(i) Replacement of Original. The person registering the location shall within 10 days, after the original certificate requires replacement as provided by this subsection or upon written notice from the department that a replacement is required, contact the department for a replacement certificate at phone number (877) 542-2474 or email address: License.Inquiry@TexasAgriculture.gov.(ii) Replacement of Copy. The person registering the location shall within 24 hours after a certificate copy requires replacement as provided by this subsection, or immediately upon written notice from the department that a replacement is required, replace the copy with another copy of the original.(2) Consumer Information Sticker. A person registering a location under this section shall prominently display a consumer information sticker at the location as follows:(A) Devices. A single consumer information sticker shall be placed on or near each device so as to be in plain sight of and legible to the average consumer accessing the device for any purpose or for whom transactions are to be conducted by the operator using the device.(B) Damaged, Destroyed, Lost, or Illegible Consumer Information Sticker. If a consumer information sticker becomes damaged, destroyed, lost, or otherwise illegible so that any part of the information on the sticker is no longer fully legible and in compliance with the requirements of this section, the sticker shall be replaced using the procedure in subparagraph (E) of this paragraph.(C) Obstruction of Device Operation Prohibited. A consumer information sticker shall not be placed directly on a device if such placement does, will, or may affect the accuracy, readability, or lawful operation of the device.(D) Obtaining Consumer Information Stickers. Consumer information stickers will be issued via mail with the registration certificate, sufficient for the number of devices in operation at the registered location.(E) Obtaining Replacement Consumer Information Stickers. Replacement consumer information stickers necessary to comply with subparagraph (B) of this paragraph shall be obtained from the department in quantities of eight stickers per page by:(i) submitting to the department a complete and accurate replacement consumer information sticker request form prescribed by the department, using the most recent version of the form; and(ii) remitting to the department the total fee using the fee schedule in §12.12 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §12.11 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective September 1, 2011, 36 TexReg 4795; amended to be effective January 17, 2016, 41 TexReg 613; amended to be effective January 23, 2018, 43 TexReg 340; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scB/s12.12"><num value="12.12">§12.12</num><heading>Fee Schedule for Commercial Weighing and Measuring Devices and Consumer Information Stickers</heading><content>(a) Devices. For the following device types, the registration or registration renewal fee for each such device is:(1) LPG meter: $65.(2) Scale with a capacity up to and including 2,000 pounds: $35.(3) Ranch Scales: $32.(4) Non-Ranch, Non-Truck, and Non-Livestock Scales with a capacity greater than 2,000 pounds: $250.(5) Truck Scales with a capacity of 5,000 pounds or greater: $400.(6) Livestock Scales with a capacity of 5,000 pounds or greater: $350.(b) Consumer Information Sticker. The fee for a page containing eight consumer information stickers is: $8.</content><note type="source"><p>Source Note: The provisions of this §12.12 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective September 1, 2003, 28 TexReg 6806; amended to be effective September 1, 2011, 36 TexReg 5351; amended to be effective March 31, 2013, 38 TexReg 2097; amended to be effective January 1, 2016, 40 TexReg 9621; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scB/s12.13"><num value="12.13">§12.13</num><heading>Devices Subject to Registration and Inspection; Exemptions</heading><content>(a) The following devices are subject to the registration requirements of the Code, §13.1011:(1) LPG meters; and(2) scales.(b) The following devices are subject to the inspection requirements of the Code, §13.101(a):(1) LPG meters; and(2) scales other than hopper scales, except as provided by §12.14 of this chapter (related to Inspection and Testing Requirements for Hopper Scales).(c) Pursuant to the Code, §13.029, the following devices are exempt from registration and inspection requirements set forth in the Code, §13.1001 and §13.1011:(1) pharmaceutical scales;(2) postal scales;(3) belt conveyor scales;(4) rail scales; and(5) immediate consumption food scales.</content><note type="source"><p>Source Note: The provisions of this §12.13 adopted to be effective January 23, 2018, 43 TexReg 340; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scB/s12.14"><num value="12.14">§12.14</num><heading>Inspection and Testing Requirements for LPG Meters and Hopper Scales</heading><content>(a) "Accurate" in any grammatical or modified form as used in this section means "found or left to be as close to zero error as practical."(b) Each LPG meter or hopper scale operated in this state for commercial transactions shall be inspected and tested for accuracy by a service company at least once every four years. Each LPG meter or scale found to be inaccurate during inspection and testing or otherwise found to be in disrepair shall be placed out-of-order by the service company, repaired, and calibrated to be accurate prior to further operation. Upon completion of the inspection, testing, and, if necessary, repair of the LPG meter or scale, the service company shall within 10 calendar days after placing the device back into service file with the department a form prescribed by the department, using the most recent version of the form.(c) A person operating an LPG meter or hopper scale shall notify the department in writing at least 14 calendar days prior to the scheduled inspection required by subsection (b) of this section. If inspection and testing is delayed, the person operating the LPG meter or hopper scale shall notify the department of the delay and the anticipated new inspection and testing date if known and shall additionally submit a written notice of the new inspection and testing date. A department inspector may observe the inspection and testing of the LPG meter or hopper scale at the department's discretion.(d) Any notice or report to be provided under this section shall be made to: Texas Department of Agriculture, Weights and Measures Program, P.O. Box 12847, Austin, Texas 78711 or: WeightsMeasures@TexasAgriculture.gov.</content><note type="source"><p>Source Note: The provisions of this §12.14 adopted to be effective August 1, 2011, 36 TexReg 4797; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scB/s12.15"><num value="12.15">§12.15</num><heading>Records</heading><content>Records or other documents related to the inspection, testing, and calibration of metering devices must be maintained in accordance with Chapter 13 of the Code, and shall be submitted to the department in the manner and time period as specified in a notice provided by a Representative of the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §12.15 adopted to be effective January 23, 2018, 43 TexReg 340; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scC"><num value="C">SUBCHAPTER C</num><heading>PACKAGES AND PRICE VERIFICATION</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scC/s12.20"><num value="12.20">§12.20</num><heading>General Requirements</heading><content>(a) Commodities packaged in advance of wholesale or retail sale shall be in compliance with this subchapter and are subject to inspection by the department.(b) Items, whether or not in package form, advertised by a price sign, card, tag, poster, or other advertisement shall be in compliance with this subchapter and are subject to inspection by the department.</content><note type="source"><p>Source Note: The provisions of this §12.20 adopted to be effective September 2, 1996, 21 TexReg 7958.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scC/s12.21"><num value="12.21">§12.21</num><heading>Standards</heading><content>The department adopts by reference NIST Handbook 133 and NIST Handbook 130, as it pertains to "Uniform Packaging and Labeling Regulation" and "Uniform Regulation for the Method of Sale of Commodities."</content><note type="source"><p>Source Note: The provisions of this §12.21 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective June 3, 2001, 26 TexReg 3737; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scD"><num value="D">SUBCHAPTER D</num><heading>METROLOGY</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scD/s12.30"><num value="12.30">§12.30</num><heading>Metrology Services</heading><content>(a) Metrology Services and Laboratory Traceability. The department's metrology laboratory shall maintain NIST recognition and certification of international metrological traceability to the International System of Units (SI), as necessary to provide a service to calibrate standards needing the same international metrological traceability.(b) The department adopts by reference NIST Handbook 143-State Weights and Measures Laboratories Program Handbook.(c) Calibration Service Parameters and Fees. Metrology calibration services are available according to the following nominal value ranges and fee schedule.(1) Mass Calibrations and Adjustments.(A) Precision Calibrations (Echelon II, Fine Accuracy). Includes weight classes of ASTM Class "2,3" and OIML Class "F1,F2":(i) Up to and including 3 kilograms: $70;(ii) More than 3 kilograms, up to and including 30 kilograms: $110; or(iii) More than 30 kilograms: $140.(B) Tolerance Calibrations (Echelon III, Medium Accuracy). Includes the weight classes of NIST Class "F"; ASTM Class "4,5,6,7"; OIML Class "M1,M2,M3"; and other weights:(i) Less than 10 pounds: $20;(ii) 10 pounds or more, but less than 500 pounds: $30;(iii) 500 pounds or more, but less than 2,500 pounds: $60; or(iv) 2,500 pounds or more: $110.(C) Weight Adjustments.(i) Less than 10 pounds: $10;(ii) 10 pounds or more, but less than 100 pounds: $10;(iii) 100 pounds up to and including 1,000 pounds: $20; or(iv) More than 1,000 pounds: $40.(2) Volume Calibrations and Neck Calibrations. Volume Transfer II.(A) 5 gallons or less: $55;(B) More than 5 gallons: $65, plus $1 for each gallon over 5 gallons;(C) LPG provers holding 25 gallons or less: $150;(D) LPG provers holding over 25 gallons: $325; or(E) Prover neck calibration (new, first time calibrated, or damaged): $50.</content><note type="source"><p>Source Note: The provisions of this §12.30 adopted to be effective December 31, 2017, 42 TexReg 7579; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scE"><num value="E">SUBCHAPTER E</num><heading>SERVICE COMPANIES</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scE/s12.40"><num value="12.40">§12.40</num><heading>License Requirements</heading><content>(a) Unless the person is exempt from the license requirement, a person may not employ an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the department.(b) The department may issue a license to a person who:(1) has available annually certified test standards meeting the specifications in NIST Handbook 105 series, for each class of license as follows:(A) Class 1. Scales, capacity 300 pounds or less: One 30-pound test kit, and additional test weights capable of testing a scale to 100% of its capacity.(B) Class 2. Scales, capacity more than 300 pounds but not more than 3,000 pounds: One 30-pound test kit, and additional test weights equal to 300 pounds or 25% of the capacity of the scale being tested, whichever is more.(C) Class 3. Scales, capacity more than 3,000 pounds but not more than 40,000 pounds: Test weights equal to 1,000 pounds or 12.5% of the capacity of the scale being tested, whichever is more, and correction weights in sizes no larger than one-half the minimum graduation of any scale to be tested.(D) Class 4. Scales, capacity more than 40,000 pounds: Test weights equal to 10,000 pounds or 12.5% of the capacity of the scale being tested, whichever is more, and correction weights in sizes no larger than one-half the minimum graduation of any scale to be tested.(E) Class 7. Liquified petroleum gas (LPG) measuring devices: LPG prover.(2) has available the latest editions of NIST Handbook 44 and this chapter.</content><note type="source"><p>Source Note: The provisions of this §12.40 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective November 5, 2001, 26 TexReg 8792; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scE/s12.41"><num value="12.41">§12.41</num><heading>Application and Renewal Procedure</heading><content>(a) An applicant must submit an application on a form prescribed by the department. An out-of-state service company shall designate on the application an agent who meets the following requirements:(1) is a citizen of Texas; and(2) maintains a permanent address within Texas where documents dealing with the administration and enforcement of the Code, Chapter 13 and this chapter may be served. An out-of-state service company shall notify the department in writing within ten days of any change of its resident agent. Failure to give such notice shall be grounds for suspending the service company's license.(b) An applicant must submit the appropriate license fee as required by this subchapter.(c) An applicant must submit a copy of a current certificate of calibration for test standards certified by an approved laboratory.(d) An applicant must submit a copy of a security seal to be approved by the department.</content><note type="source"><p>Source Note: The provisions of this §12.41 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scE/s12.42"><num value="12.42">§12.42</num><heading>Authority and Responsibilities</heading><content>(a) Authority. A service company is authorized to perform device maintenance activities.(b) Responsibilities. A service company shall:(1) ensure compliance with this chapter and that the device is suitable for its intended use;(2) submit a service report on a form prescribed by the department to the appropriate department regional office or to the headquarters of the department, within ten days of:(A) placing a commercial weighing or measuring device into service;(B) installing, calibrating, or repairing a commercial weighing or measuring device; or(C) removing an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other form of use prohibition placed on a weighing or measuring device by the department;(3) notify the department in writing within ten days of a change of name, address, or business location;(4) provide security seals approved by the department to an individual employed as a service technician; and(5) maintain at all times while the service company performs device maintenance activities an insurance policy as required by the Code, §13.460, in an amount not less than $25,000 per occurrence or $50,000 aggregate.</content><note type="source"><p>Source Note: The provisions of this §12.42 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective November 11, 2003, 28 TexReg 9809; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scE/s12.43"><num value="12.43">§12.43</num><heading>Fees</heading><content>The fee for each class of license is $150.</content><note type="source"><p>Source Note: The provisions of this §12.43 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective November 5, 2001, 26 TexReg 8792; amended to be effective September 1, 2003, 28 TexReg 6808; amended to be effective September 1, 2011, 36 TexReg 5351; amended to be effective January 1, 2016, 40 TexReg 9621.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scG"><num value="G">SUBCHAPTER G</num><heading>SERVICE TECHNICIANS</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scG/s12.60"><num value="12.60">§12.60</num><heading>Registration Requirement and Procedure</heading><content>(a) The department may issue a registration to each individual who:(1) submits to the department an application prescribed by the department; and(2) passes a written examination for each class of license which tests the applicant's knowledge of the Code, Chapter 13; this chapter; and NIST Handbook 44.(b) The minimum passing score for each examination shall be 70%.(c) The registration is valid for five years.(d) Military members, military veterans, and military spouses as defined in Texas Occupations Code, Chapter 55, may request on their application form for an examination to be expedited, provided they meet all other licensing requirements.(e) The examination fee for each class of license is $60.</content><note type="source"><p>Source Note: The provisions of this §12.60 adopted to be effective September 2, 1996, 21 TexReg 7960; amended to be effective November 5, 2001, 26 TexReg 8793; amended to be effective September 1, 2003, 28 TexReg 6809; amended to be effective September 1, 2011, 36 TexReg 5351; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009; amended to be effective August 31, 2014, 39 TexReg 6432; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scG/s12.61"><num value="12.61">§12.61</num><heading>Authority and Responsibilities</heading><content>(a) Employment. A service technician shall be employed by a service company before that individual can perform device maintenance activities.(b) Responsibilities. In addition to the responsibilities and authority provided in the Code, Chapter 13, a service technician shall:(1) test devices to ensure compliance with this chapter;(2) use test standards that have been certified on an annual basis by the department or laboratory approved by the department; and(3) place a department-approved security seal on devices to prevent any unauthorized access to the adjusting mechanism unless otherwise authorized by the department.</content><note type="source"><p>Source Note: The provisions of this §12.61 adopted to be effective September 2, 1996, 21 TexReg 7960; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c12/scH"><num value="H">SUBCHAPTER H</num><heading>PUBLIC WEIGHERS</heading><section identifier="/us/state/tx/tac/t4/p1/c12/scH/s12.71"><num value="12.71">§12.71</num><heading>Application Procedure</heading><content>To obtain a certificate of authority, the applicant shall submit to the department:(1) an application on a form prescribed by the department;(2) a bond as required by this subchapter; and(3) a fee as required by this subchapter with the application.</content><note type="source"><p>Source Note: The provisions of this §12.71 adopted to be effective September 2, 1996, 21 TexReg 7960; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scH/s12.72"><num value="12.72">§12.72</num><heading>Bond</heading><content>(a) Any bond executed as a condition for holding office as a public weigher shall be:(1) signed by a bonding agent licensed by the Texas Department of Insurance;(2) completed on a form prescribed by the department; and(3) in the amount of $10,000 payable to the State of Texas and filed with the department.(b) Any bond executed as a condition for holding office as a public weigher shall be current during the entire time period the public weigher maintains a valid certificate of authority.</content><note type="source"><p>Source Note: The provisions of this §12.72 adopted to be effective September 2, 1996, 21 TexReg 7960; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scH/s12.73"><num value="12.73">§12.73</num><heading>Fees</heading><content>The public weigher fee is $500.</content><note type="source"><p>Source Note: The provisions of this §12.73 adopted to be effective September 2, 1996, 21 TexReg 7960; amended to be effective September 1, 2003, 28 TexReg 6810; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective September 1, 2011, 36 TexReg 5351; amended to be effective January 1, 2016, 40 TexReg 9621; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c12/scH/s12.74"><num value="12.74">§12.74</num><heading>Records</heading><content>A public weigher shall retain a copy of each official certificate issued for a period of two years. Such copies shall be maintained together in either physical or electronic form.</content><note type="source"><p>Source Note: The provisions of this §12.74 adopted to be effective September 2, 1996, 21 TexReg 7960; amended to be effective March 5, 2023, 48 TexReg 1030.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c13"><num value="13">CHAPTER 13</num><heading>PUBLIC GRAIN WAREHOUSES</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c13/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.1"><num value="13.1">§13.1</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 14, Subchapter A, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Code--Texas Agriculture Code.(2) Daily position report--A daily continuous inventory that gives the amount of grain received for each kind and class of grain and type of storage obligation, the amount of grain received, shipped out, or transferred (from one type of storage obligation to another) for each transaction or load, and the total storage obligation of the warehouse at the close of each day.(3) License--A public grain warehouse license.(4) Manager--A person responsible for the operation of the warehouse.(5) Open storage grain--Grain that:(A) is received for storage by a public grain warehouse;(B) is not covered by a receipt; and(C) is not owned by the warehouse in which it is stored.(6) Outstanding receipt--A receipt that has not been returned to and canceled by the warehouse operator.(7) Partial inspection--Inspections including, but not limited to, the following inspections:(A) of a new facility;(B) under the terms of a suspension or probation;(C) in response to a complaint that the warehouse operator has not complied with duties and obligations provided for by this chapter and the complaint is determined by the department to be valid; or(D) as a follow up inspection for the following purposes:(i) shortages;(ii) records not immediately available at headquarters or where access to records was refused during a previous inspection;(iii) to ensure that record keeping discrepancies discovered during a previous inspection have been corrected;(iv) to monitor a suspension or probation; or(v) to monitor termination of arrangements for storing, shipping, or handling of grain under the Code.(8) Producer--The owner, tenant, or operator of land who has an interest in, and receives all or part of the proceeds from, the sale of grain produced on the land.(9) Received--Actual possession.(10) Temporary storage--A place on the ground or non-approved structure that can be used to store grain with written permission from the department.(11) Terminal storage--Storage of grain in a licensed warehouse that is either owned by another licensed warehouse or received for storage by another licensed warehouse.</content><note type="source"><p>Source Note: The provisions of this §13.1 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.2"><num value="13.2">§13.2</num><heading>General Requirements</heading><content>In addition to any other obligations set out in the Code, Chapter 14, or this chapter, the warehouse operator shall be responsible for the general obligations of this section. In the event of a conflict between these general obligations and the obligations established elsewhere, the Code shall control first and then the most specific provision which provides the greatest protection to the depositor or other customer of the warehouse.(1) Warehouse operators shall comply with all orders, notices, or requests for reports or other information from the department.(2) The following people shall be considered to have authority to act on behalf of the warehouse operator: sole proprietor, general or managing partner, chief financial officer, chief operating officer, president, vice president, treasurer, chief executive officer, manager, any person authorized to sign receipts, or any person authorized to negotiate or sign contracts with producers of commodities regulated by the Code.(3) In addition, the licensee shall also notify the department in writing within 10 days of any change in:(A) billing address;(B) agent address;(C) managers;(D) personnel authorized to sign receipts; or(E) ownership.(4) A public grain warehouse shall be considered suitable for storing, shipping, and handling grain if it meets the following requirements.(A) It is weathertight to protect grain from the elements at all times except if approved for temporary storage by the department (see §13.14 of this chapter relating to Temporary Storage).(B) A public grain warehouse shall keep open storage grain separate from non-public storage facilities. An exception would be when a permanent wall can be constructed to separate the two types of grain.(C) It is structurally sound so as to provide proper and adequate storage for the commodity being stored and to prevent mixing of any grain, which requires separate storage.(D) It provides a safe and adequate means of entry and exit to all storage units.(5) The warehouse operator shall be responsible for ensuring that all application materials, reports, or records are submitted or made available to the department. The action or lack of action of a third party shall not relieve the warehouse operator of these responsibilities.(6) A licensee shall maintain a complete, correct, and legible daily position report, which shall be kept current as of the close of each business day.(7) The daily position report shall declare all grain in the warehouse or in temporary storage as either receipted grain, open storage grain including that in terminal storage, or company-owned grain including that in terminal storage. Company owned grain may be reported as paid and unpaid, separately or combined, in the daily position report. Any change on the daily position report shall be supported by at least one of the following documents:(A) a signed copy of the contract of purchase. Such contract shall not be part of any scale weight ticket, settlement agreement, or other unrelated document issued by the licensee;(B) proof of payment;(C) a canceled receipt; or(D) a scale weight ticket.(8) An expired receipt is non-negotiable and the obligation transfers on the daily position report from receipted grain to open storage grain. The depositor has the option to have a new receipt issued after satisfying accrued storage and handling charges or to leave as an open storage obligation. The licensee has the option to offset any accrued storage and handling charges. Before the offset, the licensee shall provide 30-days advance notice by certified mail sent to the last known address of the depositor. Such notice shall contain a statement of account including, but not limited to, the kind of grain, quantity, current market price, and accrued storage and handling charges. Storage charges may be calculated for the ten-year term at the present rate on the day of the offset, unless the storage rate is indicated on the receipt.(9) Serial numbered scale weight tickets shall be issued sequentially for each load of grain received at or shipped from a public grain warehouse on the date of shipment or receipt. Each ticket shall show:(A) the gross weight, tare weight, and net weight of the grain, without allowance for shrinkage or other discounts;(B) the date of transaction;(C) the kind and class of grain;(D) an indication as to whether the grain is inbound or outbound grain;(E) the name and location of the grain warehouse;(F) the printed name and the Farm Service Agency farm number or business address of the person to whom the ticket was issued;(G) the printed name and signature of the person issuing the ticket; and(H) the name of the person weighing the grain, if different from the person issuing the ticket.(10) Records shall be immediately available for inspection at the licensed location during normal business hours. Upon request by the department, a warehouse operator shall furnish copies of all requested records within five business days.(11) Records related to multiple business operations at the same location must be kept separately and not mixed with public grain warehouse records.(12) Records must have a legend, code sheet, or key list showing the meaning of any abbreviations or headings in the main record keeping system sufficient to allow inspection of the records without further interpretation by warehouse operator, authorized agent, or other employee.(13) Records must be legible, correct, and accurate.(14) Grain amount, when required, shall be stated in the unit measure for the commodity in common use in the industry (i.e., bushels, cwt., or lbs.).(15) Any warehouse with a 3.0% or greater variance between the measured grain position and the grain position as established by the daily position report, on the date of measurement, may be suspended until the shortage is corrected. During the suspension, the department is authorized to seize any unused receipts, the daily position report, and the warehouse license and hold same until the department is satisfied that the shortage is corrected.</content><note type="source"><p>Source Note: The provisions of this §13.2 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.3"><num value="13.3">§13.3</num><heading>License and Permits</heading><content>(a) A person required to be licensed shall apply on a form prescribed by the department and in addition shall submit a continuous bond, financial statement, verification of insurance, a successor's agreement if necessary, and the fee(s) as required by §13.7 of this chapter (relating to Fees). All forms may be obtained from the department.(b) Unless otherwise approved as a combination license required by the Code, §14.022, a person shall obtain a separate license for each location.(c) The purchaser of a licensed public grain warehouse facility shall assume all outstanding warehouse obligations, including, but not limited to, receipts or open storage accounts up to the amount of grain in storage at the time of purchase.(d) If a license has expired, the warehouse operator, upon request, shall surrender all unused receipts to the department.(e) A license may be denied or revoked if the applicant makes a false statement in connection with the application or omits information requested on the application.(f) An application may be denied if the applicant has committed a violation of the Code, Chapter 14, or had a public grain warehouse license revoked within two years prior to applying for a license. For business applicants, this not only includes the business entity itself but also all corporate or company officers, all partners, and all stockholders or shareholders who own, hold, or otherwise control 25% or more of the corporation's or company's stock or shares.(g) A license is not transferable.(h) A separate insurance policy is required for each individual facility unless it is part of a combination.(i) All facilities shall have a unique name.(j) A warehouse operator who is operating a public grain warehouse under a license issued by the federal government will not be allowed to obtain a State of Texas warehouse operator license covering the same warehouse.(k) A warehouse operator who is operating a public grain warehouse under a license issued by the department must surrender that license upon being issued a federal license covering the same warehouse.(l) A license that has not yet expired may be renewed when accompanied by the required renewal form or application, continuous bond, financial statement, verification of insurance, and the fee(s) required by §13.7 of this chapter (relating to Fees). If a license has been expired for one year or longer, the licensee may not renew the license but must comply with the requirements and procedures for obtaining an original license.</content><note type="source"><p>Source Note: The provisions of this §13.3 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.4"><num value="13.4">§13.4</num><heading>Bonding Requirements</heading><content>(a) The bond, required by the Code, §14.022, shall be a single continuous bond issued by a single corporate surety licensed to do business in the State of Texas except for:(1) mid-year capacity changes, provided that the separate bond or bonds obtained for such capacity changes are combined into a single bond prior to or upon renewal of the license; and(2) temporary storage that requires an additional bond will be handled the same way as a mid-year capacity change.(b) A single continuous bond is required for each combination or individual facility not part of a combination.(c) For the purpose of determining whether a net worth deficiency exists in the case of multiple licenses held or sought by a single warehouse operator who has submitted a single financial statement combining the assets of all warehouse operations, the storage capacity of all warehouses shall be combined and compared with the net worth established by the single financial statement. If a deficiency bond is needed, a single, separate net worth deficiency bond apportioning bond liability among the various warehouse operations pro rata (as specified by the department) is required.</content><note type="source"><p>Source Note: The provisions of this §13.4 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.5"><num value="13.5">§13.5</num><heading>Insurance Requirements</heading><content>A warehouse operator must submit proof of insurance on a form prescribed by the department.</content><note type="source"><p>Source Note: The provisions of this §13.5 adopted to be effective May 17, 2004, 29 TexReg 4755.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.6"><num value="13.6">§13.6</num><heading>Financial Statements</heading><content>(a) A warehouse operator shall file with the department a financial statement showing the net worth of the operator's grain warehouse business as part of an application for a new license and thereafter shall file with the department a new financial statement, reflecting the net worth of the operator's grain warehouse business at the end of the operator's most recent fiscal year, no later than the 90th day following the end of the operator's most recent fiscal year.(b) The financial statement required by subsection (a) of this section must be a reviewed or audited financial statement prepared and signed by an independent public accountant.(c) The required reviewed or audited financial statement shall be prepared in accordance with the generally accepted accounting principles for financial statements and related information established by the American Institute of Certified Public Accountants and shall include, but not be limited to, each of the following:(1) a balance sheet;(2) a statement of income (profit and loss);(3) a statement of retained earnings;(4) a statement of cash flows; and(5) all accountant certifications, assurances, opinions, comments, and notes to the financial statement.(d) The financial statement required by this section shall be accompanied by:(1) a certification, under penalty of perjury, that the financial statement, as prepared, accurately reflects the financial condition of the operator's grain warehouse business as of the date designated, and fairly represents the result of operations for the period designated;(2) a detailed list of company-owned grain (paid contracted or the operator's own production), unpaid contracted grain, non-collateral receipted grain, collateral receipted grain, open storage grain, and grain received on consignment as of the date designated in paragraph (1) of this subsection;(3) a list of all parties in any pending litigation that claim a monetary judgment against the warehouse operator, the amount of the claim of each such party, and the status of the litigation; and(4) a list of all final unpaid monetary judgments against the warehouse operator.(e) If the department has reason to believe that the financial status of the operator's grain warehouse business has changed significantly since the last financial statement was submitted or if the department becomes aware of inaccurate or false information within or information omitted from a submitted financial statement, the department may by written notice require the operator to provide additional financial information and in the case of inaccurate, false, or omitted information may require the operator to submit a new or updated audited financial statement prepared and signed by an independent public accountant.(f) The notice required by subsection (e) of this section shall state the reasons why the department believes the financial status of the operator's grain warehouse business has significantly changed or specify the information the department believes is inaccurate, false, or omitted, as applicable. An operator's disagreement with the information set forth in the notice required by subsection (e) of this section, however, shall not operate to excuse the warehouse operator from complying with the notice.(g) Temporary storage shall be included in determining net worth bonding requirements and additional net worth bonding may be required before a temporary storage permit is issued.</content><note type="source"><p>Source Note: The provisions of this §13.6 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.7"><num value="13.7">§13.7</num><heading>Fees</heading><content>(a) Single public grain warehouse license. The annual and renewal fee for a single public grain warehouse license is $500.00.(b) Combination public grain warehouse license. The annual and renewal fee for a combination public grain warehouse license is $500.00 for the headquarters location and $300.00 for each additional public grain warehouse or facility location.(c) Inspection fees. The fee for an annual inspection is $38.00 for each 10,000 bushels or a fraction of 10,000 bushels of the licensed storage capacity, or $200.00, whichever is greater.(d) Requested inspections.(1) The fee for an inspection to increase or decrease licensed storage capacity including temporary storage is $38.00 for each 10,000 bushels or a fraction of 10,000 bushels of the increase or decrease in storage capacity, or $200.00, whichever is greater.(2) The fee for a partial inspection is $38.00 for each 10,000 bushels or a fraction of 10,000 bushels of the partial facility that is being inspected, or $200.00, whichever is greater.(3) A partial inspection that covers issues other than capacity will have a fee of $150.00.</content><note type="source"><p>Source Note: The provisions of this §13.7 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective May 9, 2010, 35 TexReg 3468; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective September 1, 2011, 36 TexReg 5199; amended to be effective January 1, 2016, 40 TexReg 9622; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.8"><num value="13.8">§13.8</num><heading>Capacity Changes</heading><content>(a) A warehouse operator may not store grain in excess of the licensed storage capacity.(b) An increase of total storage will be complete after the following requirements are met.(1) Notification that an increase of capacity must be submitted to the department on a form prescribed by the department.(2) The department's designation of storage units (numbering or lettering) will be used for formal notices.(3) An additional bond may be required if the original bond does not cover the increased amount. Combining of the bonds will be required at time of license renewal.(4) Additional insurance may be required if the existing insurance is not sufficient to cover the increased amount.(5) A new financial statement may be needed if the location is separate or not part of the original facility. If the facility does not meet the net worth requirements, then a deficiency bond is required.(6) Capacity changes are subject to inspection fees provided in §13.7 of this chapter (relating to Fees).(7) An inspection by an authorized department employee must be completed.(8) Requirements related to temporary storage are provided in §13.14 of this chapter (relating to Temporary Storage).(c) A decrease of total storage capacity will be completed after the following requirements are met:(1) Notification that a decrease of capacity must be submitted to the department on a form prescribed by the department.(2) An inspection by an authorized department employee must be completed.(3) Capacity changes are subject to inspection fees provided in §13.7 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §13.8 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.9"><num value="13.9">§13.9</num><heading>Voluntary Surrender of License (Voluntary Closeout); Going out of Business</heading><content>In order to close out a public grain warehouse license, the following requirements must be met.(1) All outstanding receipts must be canceled by the warehouse operator.(2) An inspection by an authorized department employee must be completed.(3) Bonding requirements of the Texas Agriculture Code, §14.031, must be met.</content><note type="source"><p>Source Note: The provisions of this §13.9 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.10"><num value="13.10">§13.10</num><heading>Full Transfer or Sale of Warehouse Assets (New Owner)</heading><content>(a) All outstanding receipts must be canceled by the warehouse operator and reissued by the new owner.(b) An inspection by an authorized department employee must be completed.(c) All licensing requirements for the new owner must be met before the new license can be issued.(d) Shortage of grain at the time of sale must be adjusted on the seller's daily position report before the sale of the facility can be completed.</content><note type="source"><p>Source Note: The provisions of this §13.10 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.11"><num value="13.11">§13.11</num><heading>Record Retention</heading><content>(a) Receipts must be kept three years after cancellation or expiration, whichever occurs first.(b) Daily position reports must be kept three years after the close out inspection is complete.(c) Scale weight tickets must be kept three years after the date they are issued.(d) Contracts must be kept three years after the date of the contract was fulfilled.(e) Customer Settlement Sheets must be kept three years after the date of the last entry.(f) Fumigation records must be kept for two years from the date of fumigation.(g) Other records required by the department to be kept must have a record retention of three years.</content><note type="source"><p>Source Note: The provisions of this §13.11 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.12"><num value="13.12">§13.12</num><heading>Receipts</heading><content>(a) A warehouse operator shall not issue a receipt to anyone other than a depositor.(b) A warehouse operator shall not issue a receipt to a bank or financial institution unless the bank or institution fulfills the requirements of a depositor.(c) If a receipt is lost or destroyed and is already canceled, the warehouse operator must provide to the department a notarized statement that the receipt was properly canceled.(d) The warehouse operator shall not store, maintain, keep, or otherwise be in possession of a receipt that has not been canceled except receipts made out in the name of the warehouse operator.(e) Any receipt returned to the warehouse operator must be canceled at the time it is received. The warehouse operator shall write the word "Canceled" across the front of the receipt.(f) A warehouse operator shall not issue a receipt for grain that is approved for temporary storage.(g) Receipted grain must be kept in storage by the warehouse operator until the warehouse receipt is canceled.</content><note type="source"><p>Source Note: The provisions of this §13.12 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.13"><num value="13.13">§13.13</num><heading>Customer Settlement Sheets</heading><content>(a) Multiple customer settlement sheets must be serially numbered and sequentially used.(b) Tariffs shall be posted in a location accessible to the public in all facilities.(c) Discounts or adjustments of any kind shall be posted along with the tariffs.</content><note type="source"><p>Source Note: The provisions of this §13.13 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.14"><num value="13.14">§13.14</num><heading>Temporary Storage</heading><content>(a) A request to approve temporary storage is a requested inspection and is subject to an inspection fee found in §13.7 of this chapter (relating to Fees).(b) A warehouse operator must give written notice to the department that temporary storage will be needed prior to use of the temporary storage. The notice shall contain the following information:(1) name and license number of the facility;(2) the type and amount of grain that will be in temporary storage;(3) the exact location and description of the temporary storage; and(4) the delivery date the grain is expected.(c) A separate log from the daily position report shall be kept for temporary storage.(d) A warehouse operator cannot use temporary storage if suitable storage is available at the licensed facility.(e) Company owned grain shall be the first grain moved to temporary storage.(f) Open depositor's grain put in temporary storage must have written approval by the owner of the grain.(g) A temporary permit for temporary storage grain is valid for 90 days and may be renewed if the department determines that quality of grain has not been affected by weather conditions.(h) A temporary capacity permit for company owned grain or open storage grain shall expire on May 1 of that licensing year for all grain on the ground regardless of when issued.(i) The temporary storage must not cause the net worth to fall below $0.25 per bushel of total licensed storage capacity; additional bond must be given before use of additional capacity if net worth should fall below that specific amount.(j) At any time the warehouse operator determines that more temporary storage is needed, he will have 10 days from the date the amount exceeded the temporary license to file additional bonding and insurance.(k) All requirements for temporary storage must be met whether the location is on or off site of the original facility. In any case, temporary storage cannot be located outside of the state.(l) Insurance requirements in §13.5 of this chapter (relating to Insurance Requirements) must be met.(m) Bonding requirements in section §13.4 of this chapter (relating to Bonding Requirements) must be met.</content><note type="source"><p>Source Note: The provisions of this §13.14 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.15"><num value="13.15">§13.15</num><heading>Shortage of Grain</heading><content>(a) A warehouse operator shall correct all shortages that are greater than 3% within a 24-hour period or other specified time period assigned by the department.(b) A warehouse operator shall notify the department when a shortage has been corrected.(c) A warehouse operator may correct shortages by spot purchasing and delivery or transferring from company-owned grain of the same type with equal or higher value (i.e., class and grade, including subclass for wheat).(d) A warehouse operator may correct shortages by purchasing the shortage amount from depositors.(e) A warehouse operator may correct shortages by purchasing the difference between class and grade stored and class and grade of the replacement grain, but only with written agreement from the depositor and documentation of payment.(f) A shortage is considered corrected when replacement grain is actually in storage at the same facility or actually in storage at a terminal facility with proper documentation in the warehouse (with shortage) records or when payment has been made to the depositor.</content><note type="source"><p>Source Note: The provisions of this §13.15 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.16"><num value="13.16">§13.16</num><heading>Customer Protection</heading><content>(a) Receiving, shipping, handling, discounts, shrinkage, cleaning, storage and any other charges must be conspicuously posted at a facility where a scale is located.(b) Documentation of charges at time of payment or invoicing shall be individually indicated for each individual charge.(c) Business hours must be conspicuously posted at a facility where a scale is located.</content><note type="source"><p>Source Note: The provisions of this §13.16 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.17"><num value="13.17">§13.17</num><heading>Delivery of Stored Grain (Satisfaction of Storage Obligations)</heading><content>A warehouse operator must ship grain, at the request of the receipt holder who returns a receipt with orders to ship, within the time period specified by the shipping order, or within the time period specified by written agreement that clearly supersedes the shipping order. A written agreement does not supersede a shipping order if it was signed prior to receipt of the shipping order and clearly states that the written agreement shall control time of shipment while the agreement is in effect to the exclusion of any shipping orders. In the absence of a time period for shipment in the shipping order or the absence of a written agreement, grain must be shipped within a reasonable time, not to exceed 48 hours unless approved by the department.</content><note type="source"><p>Source Note: The provisions of this §13.17 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.18"><num value="13.18">§13.18</num><heading>Depositor Claims on Warehouse Operator's Bond</heading><content>(a) Price of the commodities for the purpose of calculating a claim on a bond becomes fixed the date the department becomes aware or is notified of the public grain warehouse failure.(b) A depositor may make a claim 2 years from the expiration date of the warehouse-licensing year for the grain that was entered in storage.(c) Requirements to submit claims are as follows.(1) All claims for each type of grain must be made separately on a form prescribed by the department.(2) A depositor may not claim on behalf of another depositor unless the depositor has attached a signed, written authorization by such person authorizing the depositor to act on their behalf and must be attached to the form prescribed by the department.(3) Claims must be supported by receipts, scale weight tickets, or any other information pertinent to the claim and must accompany the form prescribed by the department.</content><note type="source"><p>Source Note: The provisions of this §13.18 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.19"><num value="13.19">§13.19</num><heading>Inspection and Enforcement</heading><content>(a) Inaccessible or unsafe structures. If a storage structure is inaccessible or unsafe, it will not be measured during an inspection and will count as if there is no grain in the specific facility for that inspection.(b) Sealing of Warehouses.(1) When a warehouse is sealed, the warehouse operator is prohibited from shipping stored grain unless authorized by the department.(2) Quality and quantity of stored grain is the warehouse operator's responsibility when a warehouse is sealed.</content><note type="source"><p>Source Note: The provisions of this §13.19 adopted to be effective May 17, 2004, 29 TexReg 4755.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c13/sc/s13.20"><num value="13.20">§13.20</num><heading>Suspension of a License</heading><content>The license of a warehouse operator that does not submit the required fees, application, bonding instrument, or certificate of insurance will be suspended automatically and remain suspended until such requirements are received by the department.</content><note type="source"><p>Source Note: The provisions of this §13.20 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c14"><num value="14">CHAPTER 14</num><heading>HANDLING AND MARKETING OF PERISHABLE COMMODITIES</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c14/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c14/scA/s14.1"><num value="14.1">§14.1</num><heading>Definitions</heading><content>In addition to the definitions set out in Texas Agriculture Code (Code), Chapters 101 and 103, and Chapter 1, Subchapter A of this title (relating to General Rules of Practice), the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative Procedure Act--The Texas Government Code, Chapter 2001. (2) Chairman--The chairman of the Produce Recovery Fund Board. (3) Citrus fruit--Any fruit belonging to the genus Citrus, Poncitrus, Microcitrus, Eremocitrus, or Fortunella, including, grapefruit, oranges, lemons, limes, and tangerines. (4) Claim--A sworn complaint accompanied by the prescribed fee alleging a loss or damages occurred as a result of a violation of the terms or conditions of a contract involving the sale of perishable commodities grown in Texas by a license holder or person required to be licensed. (5) License holder --A person who holds a license issued under the Code, Chapter 101. (6) Open Meetings Act--The Texas Government Code, Chapter 551. (7) Perishable commodity--As defined in the Code, §101.001, fresh produce grown in Texas and generally considered a perishable vegetable or fruit.</content><note type="source"><p>Source Note: The provisions of this §14.1 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 13, 1999, 24 TexReg 11101; amended to be effective January 12, 2003, 28 TexReg 445; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scA/s14.2"><num value="14.2">§14.2</num><heading>Citrus Proof of Ownership</heading><content>A license holder or a packer, processor, warehouseman or transporter may not receive or handle citrus fruit without requiring the person from whom the citrus fruit is purchased or received to furnish proof of ownership on a form approved by the department; except for citrus fruit being transported from the farm or grove to market or the place of first processing by the producer of the citrus fruit operating the producer's vehicle or by an employee of the producer operating a vehicle owned by the producer.</content><note type="source"><p>Source Note: The provisions of this §14.2 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scA/s14.3"><num value="14.3">§14.3</num><heading>Fees</heading><content>(a) License and identification card fees. (1) A license fee is $150. (2) The fee for each identification card for transporting and buying agents is $30. (b) Produce Recovery Fund fee. In addition to a license fee, an annual fee of $250 shall be paid at the time of making the license application.(c) Claim filing fee. A fee of $50 shall accompany the claim.(d) The fees provided in this section are applicable to the extent that they do not conflict with Chapter 2, Subchapter B of this title (relating to Consolidated Licenses).</content><note type="source"><p>Source Note: The provisions of this §14.3 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective April 23, 1998, 23 TexReg 3823; amended to be effective September 1, 2003, 28 TexReg 6810; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective September 1, 2011, 36 TexReg 5200; amended to be effective January 1, 2016, 40 TexReg 9623; amended to be effective December 15, 2025, 50 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scA/s14.4"><num value="14.4">§14.4</num><heading>Cancellation of License</heading><content>If an award and payment is made from the fund and the license holder, or person required to be licensed, fails to reimburse and/or fails to agree in writing to reimburse the fund and/or the aggrieved party, after 90 days, the department shall initiate proceedings to cancel the license holder's license in accordance with the Texas Agriculture Code (Code), §103.009. Such proceedings shall be conducted in accordance with the Code, §12.032, the Administrative Procedure Act, and the department's General Rules of Practice and Procedure found at Chapter 1, Subchapter A of this title (relating to General Practice and Procedure).</content><note type="source"><p>Source Note: The provisions of this §14.4 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8043.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c14/scB"><num value="B">SUBCHAPTER B</num><heading>PRODUCE RECOVERY FUND CLAIMS</heading><section identifier="/us/state/tx/tac/t4/p1/c14/scB/s14.10"><num value="14.10">§14.10</num><heading>Claims Against the Fund</heading><content>(a) What claims can be filed. Only claims against a license holder or a person required to be licensed for loss or damages due to a violation of the terms or conditions of a contract for the sale of perishable commodities grown in Texas may be filed. (b) Claims filed under the Perishable Agriculture Commodities Act that are accepted as formal complaints and adjudicated by the United States Department of Agriculture, or claims for which an aggrieved party has filed suit in a court of competent jurisdiction shall not be accepted. (c) How to file. A claim shall be filed with the department on a prescribed complaint form and shall be accompanied by the fee required by §14.3 of this chapter (relating to Fees). The date of postmark, if mailed, or the date the complaint and fee are received by the department, if hand-delivered, shall be the date the claim is deemed filed. (d) Statute of Limitations. A claim shall be barred if it is filed later than two years from the date the payment was due.</content><note type="source"><p>Source Note: The provisions of this §14.10 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 13, 1999, 24 TexReg 11101; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scB/s14.11"><num value="14.11">§14.11</num><heading>Determination on Claims by the Department</heading><content>(a) Once a claim is filed in accordance with §14.10 of this chapter (relating to Claims Against the Fund), the department shall investigate the claim and may conduct a hearing to determine the amount due the aggrieved party. All hearings shall be conducted by a department hearing officer in accordance with the provisions of the Administrative Procedure Act and Chapter 1, Subchapter A of this title (relating to General Rules of Practice). (b) The agency hearing officer shall have the same authority as prescribed for the administrative law judge in §1.18 of this title (relating to Administrative Law Judges). (c) Parties may protest the proposal for decision made by the department hearing officer by filing a Notice of Protest in accordance with §14.12 of this chapter (relating to Filing of Notice of Protest; Appeal to the Board). If no protest is filed, the case will be forwarded to the deputy commissioner for a final determination. (d) Parties may also protest the department's final determination by filing a Notice of Protest in accordance with §14.12 of this chapter. (e) If no Notice of Protest is filed, the department's determination becomes final and any payment awarded may be made.</content><note type="source"><p>Source Note: The provisions of this §14.11 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scB/s14.12"><num value="14.12">§14.12</num><heading>Filing of Notice of Protest; Appeal to the Board</heading><content>(a) A party who disputes the recommendation of the department's hearing officer or the department's final determination on a claim shall file a Notice of Protest with the Hearings Clerk, General Counsel Division, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. A copy of the Notice of Protest shall be sent to the opposing party and/or a designated representative. (b) A Notice of Protest shall be in writing, state the reasons for the protest, and request a hearing before the board. (c) A Notice of Protest must be received by the department within 15 days from the date of the receipt of the hearing officer's proposal for decision on the claim, or if an appeal from the final department determination, within 20 days from the date the final department determination was mailed. A Notice of Protest filed by fax shall be accepted if it is received no later than 5:00 p.m. on the due date. (d) If a Notice of Protest is received on a claim, the claim shall be referred to the board for hearing.</content><note type="source"><p>Source Note: The provisions of this §14.12 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scB/s14.13"><num value="14.13">§14.13</num><heading>Payment of Claims from the Fund</heading><content>Payment of claims from the fund shall be subject to the following: (1) Claims of $50,000 or less may be paid in full. (2) Total payment for claims arising from the same contract shall not exceed $50,000. (3) Claims against a person who is not licensed. Payment for claims against a person who is not licensed at the time the claim was filed shall not exceed 80% of the total recovery. (4) Claims shall be paid in accordance with the order that a final determination is made by the department or the board. In cases when a claim cannot be paid in full due to the restrictions of the Texas Agriculture Code, §103.008(e), the aggrieved party shall be given the option of accepting immediate payment of a lesser amount or accepting full payment from the fund during the next calendar year.</content><note type="source"><p>Source Note: The provisions of this §14.13 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 13, 1999, 24 TexReg 11101; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scB/s14.14"><num value="14.14">§14.14</num><heading>Reimbursement to the Fund</heading><content>(a) If the department pays a claim from the fund: (1) Upon issuance of a final determination from the department or the board, the license holder shall reimburse the total amount paid by the fund or agree in writing to reimburse the fund the total amount paid by the fund. If a person is not licensed on the date the transaction forming the basis of the claim occurred but is required to be licensed, the person shall pay the fund one and one-half times the amount of the claim paid by the fund, upon issuance of a final determination from the department or the board. Payment to the fund is due in full within 30 days of the date of the final determination. If the license holder, or a person required to be licensed, cannot pay the full amount owed to the fund at that time, the department may allow the license holder, or a person required to be licensed, to pay the fund pursuant to paragraph (3) of this subsection plus an annual interest rate of 8.0%. (2) After fully reimbursing the fund for payments made to the aggrieved party, the license holder, or a person required to be licensed, shall immediately pay or agree to pay the claimant any remaining amount due that party (balance not received from the fund). If the license holder, or a person required to be licensed, cannot pay the full amount to the aggrieved party at that time, the department may allow the license holder, or a person required to be licensed, to pay the amount owed to the aggrieved party pursuant to paragraph (3) of this subsection plus an annual interest rate of 8.0%, after the fund is fully reimbursed. (3) Payment Schedule. Claims of: (A) $1.00-$5,000--Shall be paid in no more than three monthly installments.(B) $5,001-$10,000--Shall be paid in no more than six monthly installments.(C) $10,001-$20,000--Shall be paid in no more than 12 monthly installments.(D) $20,001-Over--Shall be paid in no more than 24 monthly installments.(b) Monthly installments to the fund are due on the last business day of the month and payable to TDA, P.O. Box 12847, Austin, Texas 78711. The department may make exceptions on payment schedules for good cause shown. (c) If a license holder, or a person required to be licensed, owes money to the fund at the time the license holder, or a person required to be licensed, makes a claim against the fund, the department shall offset the amount owed to the fund from the amount determined to be payable from the fund. (d) Respondent's Option to Pay. The respondent may pay the amount found to be directly to the aggrieved party rather than have the payment made by the fund. If direct payment is made, the parties shall notify the department in writing.</content><note type="source"><p>Source Note: The provisions of this §14.14 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c14/scC"><num value="C">SUBCHAPTER C</num><heading>PRODUCE RECOVERY FUND BOARD</heading><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.20"><num value="14.20">§14.20</num><heading>Purpose and Scope</heading><content>The purpose of this subchapter is to provide procedures for the board, so that hearings and other proceedings before the Board may be conducted in a uniform and efficient manner. Unless otherwise provided, these rules are designed to supplement procedures established in Chapter 1, Subchapter A of this title (relating to General Rules of Practice), and the Administrative Procedure Act and should be read together with those procedures.</content><note type="source"><p>Source Note: The provisions of this §14.20 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.21"><num value="14.21">§14.21</num><heading>Duties of the Board and the Department</heading><content>(a) The board shall: (1) advise the department on all matters relating to the fund, including the fund's budget and revenues necessary to accomplish the purposes of the fund; (2) advise the department on the adoption of rules relating to the payment of claims from the fund and to the administration of the fund; and (3) conduct hearings on claims on which a Notice of Protest has been filed with the department. (b) The department shall: (1) administer the fund, including the collection of fees from license holders, or persons required to be licensed, which are to be deposited into the fund in accordance with the Texas Agriculture Code (Code), Chapter 103; (2) receive and process claims;(3) conduct hearings on claims, when appropriate, and issue determinations on claims; (4) refer claims to the board when a Notice of Protest is filed; (5) process payment of claims in accordance with the Code, Chapter 103, when an award from the fund is made;(6) seek reimbursement of payments made from the fund when appropriate; and (7) provide administrative support to the board, including posting notices of board meetings, making arrangements for board meetings, and preparing and mailing notices of hearing and other correspondence to parties on cases heard by the board.</content><note type="source"><p>Source Note: The provisions of this §14.21 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.22"><num value="14.22">§14.22</num><heading>Meetings</heading><content>(a) Location, conduct and time of meetings. The board shall meet in Austin, or other places designated by the board, on dates to be determined by the department with the advice of the board, for the purpose of conducting hearings on matters appealed to the board and/or for the purpose of conducting business authorized by the Texas Agriculture Code, Chapter 103. Meetings will be conducted in accordance with the Open Meetings Act. (b) Notice of meetings. Notice of the agenda, date, time and place of each meeting and/or hearing of the board shall be provided in accordance with the Open Meetings Act. (c) Chairman to preside. The chairman of the board shall preside over all meetings of the board and shall perform all duties delegated to the chairman under this subchapter. In the chairman's absence, the vice-chairman shall preside over all meetings of the board, and shall perform all duties of the chairman under this subchapter. The vice-chairman shall be selected by a majority of board members present at the time of selection. (d) Public comment period. As part of its meetings, the board shall allow members of the public to comment on matters within the jurisdiction of the board. This item will be included in the agenda of the meeting.</content><note type="source"><p>Source Note: The provisions of this §14.22 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.23"><num value="14.23">§14.23</num><heading>Conduct of Hearings of the Produce Recovery Fund Board</heading><content>(a) Representation. Parties to proceedings before the board shall have a right to appear and may be represented by counsel, or any other designated person, and shall have a right to have witnesses appear to testify on their behalf. (b) Review of Department Record and Presentation By Parties. (1) The board shall conduct hearings to review cases for which a Notice of Protest has been filed and base its determination on the record of the hearing held before the department and any subsequent matters filed by parties to the case which are admitted into the record by the board, including any exhibits accepted into the record at the hearing before the board. (2) The board may take additional testimony and admit into the record any documentary evidence that it deems necessary to clarify the record of the hearing before the department and/or aid the board in making its determination on the case. (3) At the board's discretion, any party may present oral testimony or argument by filing a written request with the board at least five business days prior to the hearing. The board may waive the five-day requirement for good cause shown. (c) Ruling on Objections, Motions; Filing of Motions. (1) The board shall have the authority to rule on motions, on the admissibility of evidence, on objections, and on amendments to pleadings. (2) A pre-hearing motion shall be written, set forth under oath the relief or order sought and the specific reasons and grounds therefor, and be directed to the board. Any motion shall be filed with the Hearings Clerk, General Counsel Division, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, and distributed to all interested parties, under a certificate of service, not less than seven business days prior to the hearing date. The board may waive the seven-day requirement for good cause shown. A reply to such motion may be filed by any other party to the proceeding. A pre-hearing motion shall be ruled on by the chairman at the earliest time practicable, and a final determination on any such motion shall be signed by the chairman on behalf of the board. (3) When necessary, in the judgment of the chairman and/or the board, or upon request of a party, a hearing may be set to consider any motion. A request for hearing on a motion, or a request for hearing on a final determination issued in response to a motion shall be filed with the board no later than three business days after receipt of the final determination by the requesting party. (d) Exhibits. (1) All exhibits admitted into the record of the hearing before the department and the recording of the hearing shall be tendered for admission into the record of the hearing before the board. All such exhibits shall be available to the parties prior to the beginning of the hearing, and to any interested person or party prior to the hearing date upon filing of a written request to the Hearings Clerk. (2) A party shall deliver to the other party any additional documents intended to be offered at the hearing at least three business days prior to the hearing date. (e) Recording the Hearing and Preparation of Transcript. (1) All hearings before the board shall be recorded and maintained by the General Counsel Division, Texas Department of Agriculture. (2) Upon written request and payment of any associated cost, the department shall prepare a copy of the recording of a hearing for any party. (3) Upon written request and payment of any associated cost, the department shall prepare, or order the preparation of, a transcript of a hearing for any party. (4) In the event a final decision of the board is appealed to the district court, the board may require the appealing party to pay all or part of the cost of preparation of the original or a certified copy of the record of the proceeding that is required to be transmitted to the reviewing court, as is specified by the board.</content><note type="source"><p>Source Note: The provisions of this §14.23 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.24"><num value="14.24">§14.24</num><heading>The Board's Final Determination</heading><content>(a) All final determinations of the board shall be in writing and shall set forth findings of fact and conclusions of law as required by the Administrative Procedure Act. (b) Unless otherwise prohibited by statute or by this chapter, all final board determinations may be signed by the chairman, on behalf of the board. In the event that the final decision of the board is not unanimous, the final determination may indicate that the vote was not unanimous, and may indicate those members dissenting. (c) Except for good cause, the Board's final determination shall be issued within 60 days of the closing of the record of the case.</content><note type="source"><p>Source Note: The provisions of this §14.24 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.25"><num value="14.25">§14.25</num><heading>Motion for Rehearing</heading><content>A motion for rehearing shall be governed by the Administrative Procedure Act, §§2001.145-2001.146. Communications regarding any such motion shall be directed to the board, and filed with the Hearings Clerk, General Counsel Division, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. A copy of the motion for rehearing shall be sent to the opposing party and/or designated representative. Board rulings on motions for rehearing shall be made in accordance with the Administrative Procedure Act, §2001.146. A final determination granting or denying a motion for rehearing may be signed by the chairman on behalf of the board.</content><note type="source"><p>Source Note: The provisions of this §14.25 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c14/scC/s14.26"><num value="14.26">§14.26</num><heading>Appeals</heading><content>All appeals from final board determinations shall be governed by the Administrative Procedure Act, Subchapter G.</content><note type="source"><p>Source Note: The provisions of this §14.26 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c15"><num value="15">CHAPTER 15</num><heading>EGG LAW</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c15/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.1"><num value="15.1">§15.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Advertisement--Any placard, handbill, sign, newspaper advertisement, radio or television advertisement, store marquee, window or roadside sign, online or other related advertisements, or any other method of calling the consumer's attention to eggs.(2) Broker--A person who never assumes ownership or possession of eggs, or changes the grade or pack of eggs, but is engaged in the business of acting as an agent, for a fee or commission, in the sale or transfer of eggs between producers or dealer-wholesalers as sellers and dealer-wholesalers, processors or retailers as buyers.(3) Case--A 30-dozen egg container as used in commercial practice in the United States. The term "half-case" shall mean a container of 15 dozen eggs.(4) Code--The Texas Agriculture Code.(5) Consumer--All persons purchasing eggs for consumption and not resale.(6) Dealer-wholesaler--A person engaged in the business of buying from producers or other persons on the person's own account and selling or transferring to other dealer-wholesalers, processors, retailers, or other persons and consumers. A dealer-wholesaler further means a person engaged in producing eggs from the person's own flock and disposing of any portion of this production on a graded basis.(7) Denatured Eggs--(A) Eggs made unfit for human food by treatment or the addition of a foreign substance; or(B) Eggs with one-half or more of the shell's surface covered by a permanent black, dark purple, or dark blue dye.(8) Graded basis or fully graded basis--A grading operation in which eggs of "B" quality or better are identified as to both size and/or weight quality.(9) Inedible eggs--Eggs of the following description: leakers, black rots, white rots, mixed rots, addled eggs, incubated eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs unfit for human consumption due to causes other than those listed in this section.(10) Lot--Any given quantity of two or more eggs of a named grade billed on an invoice.(11) Processor (or Breaker)--A person who operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing.(12) Producer--Any person who produces and disposes of eggs from the output of the producer's personally owned flock, except that:(A) if a producer obtains eggs from any source other than the producer's own flock and markets or disposes of those eggs along with the producer's own production, the producer loses the identity of a producer and all eggs handled or produced by that former producer must comply with labeling and inspection provisions of Chapter 132 of the Code and this chapter.(B) if a producer claims a grade designation on any portion of the producer's production, the producer loses his identity as a producer and that former producer's entire production must comply with provisions of Chapter 132 of the Code and this chapter.(13) Retail carton--Any container in which eggs for human consumption are offered for sale within the channels of trade or to the consumer in the State of Texas. A paper bag which has been presacked with one or more eggs by the seller shall be construed as a retail carton and must be stamped or marked with all the information required on a retail carton.(14) Retailer--A person selling or offering for sale eggs directly to consumers in this state.(15) Stock carton--A retail carton that does not bear any commercially printed information required by §15.8(a) of this chapter (relating to Labeling Requirements).(16) Ungraded-- A classification of eggs which are marketed by a producer as defined in this chapter and which have not been handled, graded, or packed by a licensee.</content><note type="source"><p>Source Note: The provisions of this §15.1 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.2"><num value="15.2">§15.2</num><heading>Who Must Obtain a License</heading><content>(a) License required. A license must be obtained from the department by the following:(1) any person who buys or sells eggs in this state for the purpose of resale;(2) each separate facility where eggs are graded and/or stored, packed, or processed;(3) any person who first establishes the grade, size, and classification of eggs offered for sale or sold in this state; and(4) any egg broker.(b) Exemptions. This section does not apply to:(1) producers of eggs who sell only the production of their own flocks without claiming any egg grade or size and without engaging in any previously defined egg marketing activity which would cause them to lose their identity as a producer, except that these producers are required to identify their eggs as "Produced by (producer's name)" and give their addresses;(2) a hatchery buying eggs exclusively for hatching purposes;(3) a hotel, restaurant, or other public eating place where all eggs purchased are served by the establishment;(4) a food manufacturer purchasing eggs for use only in the manufacture of food products, except for a person who operates a plant for the purpose of breaking eggs for freezing, drying or commercial food manufacturing;(5) an agent employed and paid a salary by a person licensed under this chapter; and(6) a retailer who sells eggs directly to consumers.</content><note type="source"><p>Source Note: The provisions of this §15.2 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.3"><num value="15.3">§15.3</num><heading>Application Required</heading><content>Any person requiring a license may obtain an application from the department. An initial application must be accompanied by the appropriate fees as required by §15.4 of this chapter (relating to Fees). A license may be renewed when accompanied by a renewal application and the fees required by §15.4 of this chapter (relating to Fees), provided fees required by §15.5 of this chapter (relating to Special Fees) have been reported and paid. A person failing to renew a license after it has expired will be charged late fees in accordance with the Code, §12.024.</content><note type="source"><p>Source Note: The provisions of this §15.3 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.4"><num value="15.4">§15.4</num><heading>Fees</heading><content>(a) The fee schedule for a dealer-wholesaler is:Attached Graphic(b) The fee schedule for a processor is:Attached Graphic(c) The license fee for a broker is $500.</content><note type="source"><p>Source Note: The provisions of this §15.4 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective April 23, 1998, 23 TexReg 3823; amended to be effective September 1, 2003, 28 TexReg 6811; amended to be effective September 29, 2005, 30 TexReg 6046; amended to be effective January 1, 2016, 40 TexReg 9624; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.5"><num value="15.5">§15.5</num><heading>Special Fees</heading><content>(a) A person licensed under this chapter who first establishes the grade, size, and classification of eggs offered for sale or sold in this state shall collect a fee of $0.04 per case of eggs on the first sale of the eggs.(b) A processor licensed under this chapter shall pay a fee of $0.04 per case of eggs on the processor's first use or change in form of the eggs processed.(c) Licensees required by this section to collect or pay a special fee shall remit the fee monthly as required by §15.9 of this chapter (relating to Reports and Records).</content><note type="source"><p>Source Note: The provisions of this §15.5 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective April 23, 1998, 23 TexReg 3823; amended to be effective January 1, 2016, 40 TexReg 9623; amended to be effective May 31, 2018, 43 TexReg 3345; amended to be effective December 11, 2018, 43 TexReg 7883; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.7"><num value="15.7">§15.7</num><heading>Storage Requirements</heading><content>(a) To prevent undue deterioration, all packed eggs shall be stored under refrigeration at a temperature of 45 degrees Fahrenheit or less; provided, however, that any different temperature standard adopted by the United States Department of Agriculture or the United States Food and Drug Administration shall prevail. Such eggs shall be transported and held in areas that are clean and sanitary, and shall not be stored or transported with or adjacent to any contaminating source or materials.(b) Eggs which are shipped across the state line into Texas shall be transported under refrigerated conditions at the same temperature as required by subsection (a) of this section.(c) All eggs obtained or purchased from a broker or the mercantile trade exchange must be identified by a lot number affixed to the end of the egg case when first placed in storage. The person that takes first possession of these eggs after receiving them in this state shall be liable for compliance with this subsection and also shall be liable for payment of the fee as prescribed by §15.5 of this chapter (relating to Special Fees). Upon receiving these eggs, the same person will be held responsible for the proper labeling of these eggs to comply with this chapter and Chapter 132 of the Code.</content><note type="source"><p>Source Note: The provisions of this §15.7 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective September 1, 1997, 22 TexReg 5919; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.8"><num value="15.8">§15.8</num><heading>Labeling Requirements</heading><content>(a) Commercially printed cartons.(1) All commercially printed retail cartons utilized must set out the following information except as provided in paragraph (3) of this subsection:(A) the size, grade, and quantity of the eggs. This information must be legibly printed on the top principal display panel of the carton in boldface type. No reference may be made to any grade or size other than that claimed;(B) the Texas egg license number of the licensee, which is the person that places or packs the eggs in the retail container. This license number shall be displayed in legibly printed boldfaced numerals and be placed on the top or either of the two sides of the egg carton in the same vicinity and type size as the address, city, and state of the licensee. This must be the license number of the actual packer rather than that of the second party for whom the eggs may be packed; and(C) the post office, street address, or route number, and city and state of the Texas licensed facility where the eggs were actually graded, labeled, sized, and/or packed. This information shall be legibly printed in boldface capital letters and shall be displayed on the carton in the same vicinity and type size as the Texas egg license number.(2) If a producer exempt under the Code, §132.002, is using commercially printed cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)" and bear the producer's address in legible printed boldface type and sold directly to the consumer.(3) Firms having two or more packing operations may, at their election, utilize one inventory of egg cartons which display the Texas egg license number and address of the parent facility. However, each satellite packing station shall identify on each carton the address for the actual location where the eggs were sized and graded, or at its option, the identifying license number obtained from the department, which will serve to substitute for the address of the actual location of the applying satellite packing station.(b) Stock cartons.(1) If a licensee is using stock cartons, the required information shall be legibly printed on the carton at the packing plant. The minimum information shall be as follows:(A) grade and size;(B) Texas egg license number;(C) post office, street address, or route number of licensee; and(D) city and state.(2) If a producer exempt under the Code, §132.002, is using stock cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)," the producer's address, and sold direct to the consumer. Such information may be hand printed on the carton, provided it is legible and appears on the top panel of the egg carton.(3) Labeling information on the stock carton must be placed in a legible fashion and must contrast sharply with the background of the space imprinted.(c) Cases--Dealer-wholesaler. All egg cases containing loose eggs for human consumption which are offered for retail or wholesale must bear a label on either or both ends of the case which contains the following information provided, as applicable, in distinctly legible boldface capital type or print. This information may be commercially printed or rubber stamped on the label:(1) size and grade of eggs (if graded);(2) Texas egg license number of the licensee;(3) post office, street address, or route number; and(4) the city and state of the licensee.(d) Cases--Producer. If the case is packed by a producer, the label or tag affixed to the case shall read: "ungraded" followed by "Produced by (producer's name)" and bear the complete mailing address of the producer. Such information may be hand printed, provided it is legible.(e) Eggs packed in retail "breakaway" cartons. If a retail carton can be divided by the consumer or retailer into smaller units for the purpose of selling lesser amounts of eggs, each half or portion of the container must contain full information as to the size and grade, amount remaining in the divided portion, Texas egg license number, address, and city and state of the licensee.(f) Used Cartons. Egg cartons cannot be reused except by the original packer.(g) Labeling Exemptions. Permission from the department is required to place the Texas egg license number of the licensee on the end of the carton in lieu of the requirements of subsection (a)(1) of this section. The requesting licensee shall provide the department with the following minimum information:(1) written permission from the licensee whose Texas egg license number, address, city, and state is commercially printed on the carton;(2) written permission from the person that owns the brand name or advertising design which is commercially printed on the carton; and(3) a schedule itemizing:(A) the number of cartons, by size and brand;(B) the amount of time required to exhaust the supply;(C) the license number of the actual facility packing eggs in cartons subject to the request; and(D) the signature of the person making the request.(h) United States Department of Agriculture Plant Numbers. Texas licensees may utilize the United States Department of Agriculture (USDA) plant number on the carton or container in lieu of the Texas egg license number, provided all appropriate state license fees are paid, and further provided that the USDA number is identified by the prefix "P" when the license number is printed.</content><note type="source"><p>Source Note: The provisions of this §15.8 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.9"><num value="15.9">§15.9</num><heading>Reports and Records</heading><content>(a) Reporting requirements.(1) Every licensee shall submit a report as designated by the department and remit any fees due on a monthly basis; however, a licensee may submit the required reports on a quarterly basis, provided that no fees are due. This report is due not later than the tenth day of the following month, if filed monthly, or not later than the tenth day of the following quarter, if filed quarterly. If a fee is due, then the amount of this fee must accompany the reporting forms. Each licensee shall keep a copy of this report on file at the licensee's facility for a period of two years. Any licensee who fails to promptly submit required reports or pay required fees is subject to criminal penalties specified in the Code, §132.081. A violation of this section is also subject to a civil or administrative penalty not to exceed $500 per violation. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. The department may also seek appropriate injunctive relief.(2) The licensed Texas dealer-wholesaler must report all eggs purchased and/or produced and the total volume of eggs sold at wholesale and retail. The licensee shall list on this report all plants and/or persons from whom eggs were purchased and accurately indicate whether these eggs were purchased on a graded or ungraded basis. A fee as prescribed by §15.5 of this chapter (relating to Special Fees) on all sales of eggs on which the licensee established the first grade shall accompany this report.(3) The licensed Texas dealer-wholesaler who obtains or purchases any eggs from a broker or the mercantile trade exchange is liable for the fee as prescribed by §15.5 of this chapter (relating to Special Fees) and the required labeling of said eggs, whether graded or ungraded. Furthermore, the Texas dealer-wholesaler shall be liable for the fee and labeling of any eggs, whether graded or ungraded, purchased or obtained from an unlicensed out-of-state packer. Any eggs of this nature received by a Texas dealer-wholesaler that do not bear a label which is in compliance with the labeling requirements of Chapter 132 of the Code and this chapter shall be considered ungraded eggs.(4) The licensed Texas dealer-wholesaler who receives out-of-state egg shipments from unlicensed packers shall notify the department by way of the report. Upon receiving this information, the department will contact this packer and require that said packer be licensed with this state. Failure to comply shall result in immediate stop-sale of all further shipments of eggs from said packer into this state.(5) The nonresident dealer-wholesaler shall give a complete breakdown of all sales of graded and ungraded eggs into this state, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. Accompanying the report shall be a check or money order for the amount of the fee as prescribed by §15.5 of this chapter (relating to Special Fees) on all eggs shipped into this state on a graded basis.(6) The licensed Texas processor shall pay a fee as prescribed by §15.5 of this chapter (relating to Special Fees) on all shell eggs which it handles upon its first use or change in form of eggs processed by it.(7) Every licensed Texas broker shall itemize in its reports a true and complete list of all eggs brokered into and within this state. This list shall include the names and addresses of all persons from whom eggs were purchased and to whom they were sold and the amount of eggs involved in each transaction. Furthermore, said broker shall indicate whether said eggs were graded or ungraded.(8) Every licensed dealer-wholesaler and processor shall keep a monthly physical inventory of the total amount of eggs on hand at the end of each month; this record shall be kept on file at the licensee's facility for a period of two years. This record shall be available and open for inspection by the department at all reasonable times.(b) Invoice requirements.(1) Every licensed dealer-wholesaler and processor shall keep on file at the facility for which the licensee is licensed, for a period of two years, a copy of all invoices of all eggs purchased (or production records if their own production) and sales. These invoices shall state the correct grade and size of eggs (if graded) or specify they were ungraded, the name and address of the person from whom eggs were purchased and to whom sold, and the number of dozens or cases included in each transaction and the date thereof.(2) Every licensed dealer-wholesaler and processor shall deliver with each transaction, sale, or delivery, a signed invoice, stating the date, quantity, grade, and size of eggs sold and shall keep a copy of each invoice for the same period as stated in paragraph (1) of this subsection.(3) Every licensed broker shall keep on file at the facility for which the licensee is licensed, a true and complete record of all egg business transacted within or into this state. This record shall include the name and address of the person from whom eggs were purchased and to whom sold. It shall also state the date of each transaction and indicate the grade and size of said eggs. Ungraded eggs shall be identified accordingly. This information shall be kept on file for a period of two years.</content><note type="source"><p>Source Note: The provisions of this §15.9 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.10"><num value="15.10">§15.10</num><heading>Inspections</heading><content>(a) Records and invoices shall be available and open for inspection by the department during normal business hours.(b) The department shall for the purpose of enforcing Chapter 132 of the Code and this chapter have the authority to break any form of sealing on any case or retail container. In the event that a broken seal necessitates the repacking of such cases or containers, the original packer and said packer shall absorb all expenses involved.(c) A carton of eggs with cracked and/or leaking eggs must be removed from a retail display on a daily basis.</content><note type="source"><p>Source Note: The provisions of this §15.10 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.11"><num value="15.11">§15.11</num><heading>Retail Egg Replacement</heading><content>(a) Replacement requirements. A retailer approved by the department in accordance with this section and operating under the conditions of a compliance agreement, may replace missing or damaged eggs provided:(1) only eggs of the same packer, as evidenced by the license number printed or stamped on the carton or container, are used for replacement;(2) only eggs of the same grade and size, as evidenced by the label on the carton or container, are used for replacement;(3) only eggs with the same expiration date, lot code, or Julian date, as evidenced by the label or stamp on the carton or container, are used for replacement;(4) only eggs from the same brand, as evidenced by the label, are used for replacement eggs;(5) eggs adjacent to eggs that have leaked into the carton or container and are in contact with the spilled egg content shall not be used as replacement eggs; and(6) only eggs that are visibly clean with no prominent stains, adhering dirt, debris, fecal matter, or other foreign material are used for replacement.(b) Cartons or containers used for egg replacement.(1) Cartons or containers containing eggs with broken shells that cause the egg white or yolk to spill into the carton or container shall not be used for replacement and must be removed from sale.(2) Cartons or containers used for replacement must be from the original packer and must comply with the labeling requirements in §15.8 of this chapter (relating to Labeling Requirements).(c) Sanitation during egg replacement. Eggs shall be replaced in the refrigerated display case or removed from the refrigerated display and replaced in an area where the temperature is at or below 45 degrees Fahrenheit, provided:(1) the replacement area is clean and free of contaminants;(2) a cart or table approved for food preparation is used during replacement; and(3) replacement is performed in compliance with any applicable rules pertaining to food replacement in food establishments of Title 25, Part 1, Chapter 228 of the Texas Administrative Code.(d) Training retail employees. All employees of the retailer who replace eggs must be trained by the retailer on the approved procedure for replacement submitted by the retailer and the requirements of this section.(e) Approval of egg replacement methods. A retail establishment must submit a written procedure for egg replacement to the department for approval that meets the requirements of this section.(f) Record keeping requirements.(1) Records shall be maintained at the retail establishment of all eggs replaced in the previous 90 days. Records shall include:(A) date of replacement;(B) name of employee(s) conducting egg replacement;(C) name of packer and Texas egg license number on carton replaced;(D) grade and size of eggs replaced; and(E) number of dozen eggs replaced.(2) Documentation of training for each employee required by this section shall be maintained at the retail establishment.(3) All records required in this section shall be provided upon request to the department during normal business hours.</content><note type="source"><p>Source Note: The provisions of this §15.11 adopted to be effective July 6, 2009, 34 TexReg 4510; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.12"><num value="15.12">§15.12</num><heading>Violations</heading><content>(a) The label on an egg carton or container shall be considered false or deceptive if:(1) the eggs in the carton or container are not of the quality or size indicated by the label;(2) the label bears any statement that is false or misleading;(3) the label bears any qualifying words with reference to size and quality, which are in any way misleading;(4) the eggs in the carton or container are represented as being "fresh" and are not of "AA" or "A" quality;(5) the descriptive language or artwork on the carton or container misrepresents, misleads, or misinforms the consumer as to the method, locality, or quality of egg production; or(6) the carton or container bears more than one Texas egg license number or the address, city, and state of any person other than the actual packer, unless specific approval has been granted.(b) Any advertisement of eggs which indicates price shall also indicate the full, correct, and unabbreviated designation of size and grade. To prevent deception of the public, newspaper advertisements and online and other related advertisements must display the required information in print size of not less than eight points. Retail store window banners, posters, and similar mediums shall display the full, correct, and unabbreviated designation of size and grade in lettering of at least one-quarter the size of that used in the price indication.</content><note type="source"><p>Source Note: The provisions of this §15.12 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective June 1, 1998, 23 TexReg 5656; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c15/sc/s15.13"><num value="15.13">§15.13</num><heading>Penalties</heading><content>Those persons failing to adhere to the provisions of this chapter, shall be subject to the appropriate criminal penalty as provided in the Code, §132.081. A violation of this chapter is also subject to an administrative penalty not to exceed $500 per violation. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. The department may also seek appropriate injunctive relief.</content><note type="source"><p>Source Note: The provisions of this §15.13 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c17"><num value="17">CHAPTER 17</num><heading>MARKETING AND PROMOTION</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c17/scB"><num value="B">SUBCHAPTER B</num><heading>LIVESTOCK FACILITIES</heading><section identifier="/us/state/tx/tac/t4/p1/c17/scB/s17.30"><num value="17.30">§17.30</num><heading>Purpose and Definitions</heading><content>(a) Purpose. The purpose of these rules is to ensure that the animals at the Texas Department of Agriculture livestock facilities are secured in quarters that meet the requirements and guidelines established by the United States Department of Agriculture and the receiving country.(b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Consignor--Owner, broker, or other person consigning livestock to the livestock facilities or otherwise engaging the services of the facilities.(2) Exotic fowl--Any avian species that is not indigenous to this state.(3) Exotic livestock--Grass-eating or plant-eating, single-hoofed or cloven-footed mammals that are not indigenous to this state and are known as ungulates, including animals for the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families.(4) Livestock facilities--The livestock facilities operated by the department in Brownsville, Del Rio, El Paso, Houston, and Laredo pursuant to Texas Agriculture Code Chapter 146, Subchapter B.</content><note type="source"><p>Source Note: The provisions of this §17.30 adopted to be effective May 28, 1993, 18 TexReg 3093; amended to be effective March 5, 1996, 21 TexReg 1526; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 7, 2023, 48 TexReg 506.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scB/s17.31"><num value="17.31">§17.31</num><heading>Operation of Livestock Facilities</heading><content>(a) Any service or use of livestock facilities is subject to this chapter, the policies and procedures of the department, and applicable state and federal law. Current livestock facilities operating policies and procedures are published on the department's website and posted at the livestock facilities.(b) Any service or use of the livestock facilities not clearly or specifically described in this section shall be subject to approval by the department prior to implementation.(c) Selling, buying, bargaining, trading, or change of ownership of livestock is strictly forbidden on the premises of the livestock facilities. However, the department may utilize the facilities for official departmental livestock marketing functions.(d) Livestock facilities will not supply feed. The consignor may provide his own feed or may make arrangements with a local feed supplier. The consignor shall be solely responsible for payment for feed. Labor for the feeding of livestock at the facilities will be furnished by the department at no additional charge. If the consignor fails to provide feed for his livestock, the livestock facility may obtain feed on behalf of the consignor and the consignor shall reimburse the facility for all expenses incurred in obtaining the feed.(e) The following schedule of fees applies to all livestock facilities with the exception of the Houston facility. Scheduled fees include necessary water, pen space, and necessary labor for feeding of livestock and assisting in conducting any inspections requested. Stall space, bedding, hay, feed, spray, and any overtime fees or wages are not included in this fee schedule. Additional costs for use of livestock facilities and services during nonbusiness hours are provided in §17.32 of this subchapter (relating to Hours of Operation of Livestock Facilities). Stalls are available on a first-come, first-served basis.(1) The cost of stalls for all animals is $20 per head for the first 24 hours and $20 per head for each additional 24 hours.(2) The cost of pens for horses, mules, cattle and calves, except feeder/slaughter cattle, is $5.00 per head for the first 24 hours or fraction thereof, and $8.00 per head for each 24 hours thereafter.(3) The costs of pens for breeding sheep and goats is $2.00 per head for the first 24 hours or fraction thereof, and $3.50 per head for each 24 hours thereafter.(4) The cost of pens for breeding hogs is $3.00 per head for the first 24 hours or fraction thereof, and $4.50 per head for each 24 hours thereafter.(5) The cost of pens for feeder/slaughter sheep and goats is $1.00 per head for the first 24 hours or fraction thereof, and $1.00 per head for each 24 hours thereafter.(6) The cost of pens for feeder/slaughter hogs is $2.00 per head for the first 24 hours or fraction thereof, and $2.00 for each 24 hours thereafter.(7) The cost of pens for feeder/slaughter cattle is $3.00 per head for the first 24 hours or fraction thereof, and $3.00 for each 24 hours thereafter.(8) The cost for poultry is $2.50 per head for the first 24 hours or fraction thereof, and $2.50 for each 24 hours thereafter.(9) The cost for baby chicks or fertile eggs is $50.00 per load for the first 24 hours or fraction thereof, and $50.00 for each 24 hours thereafter.(10) The cost of pens for exotic livestock or exotic fowl is $5.00 per head for the first 24 hours or fraction thereof, and $5.00 per head for each 24 hours thereafter.(f) The following schedule of fees applies to the Houston livestock facility only. Scheduled fees include necessary water, pen space, and necessary labor for feeding of livestock and assisting in conducting any inspections requested. Stall space, bedding, hay, feed, spray, and any overtime fees or wages are not included in this fee schedule. Additional costs for use of livestock facilities and services during nonbusiness hours are provided in §17.32 of this subchapter (relating to Hours of Operation of Livestock Facilities). Stalls are available on a first-come, first-served basis.(1) The cost of stalls is $40 per head for the first 24 hours and $40 per head for each additional 24 hours.(2) The costs of pens for cattle, horses, and mules is $10.00 per head for the first 24 hours or fraction thereof, and $10.00 for each 24 hours thereafter.(3) The costs of pens for sheep, goats, and hogs is $5.00 per head for the first 24 hours or fraction thereof, and $5.00 for each 24 hours thereafter.(4) The cost for poultry is $2.50 per head for the first 24 hours or fraction thereof, and $2.50 for each 24 hours thereafter.(5) The cost for baby chicks or fertile eggs is $50.00 per load for the first 24 hours or fraction thereof, and $50.00 for each 24 hours thereafter.(6) The cost of pens for exotic livestock or exotic fowl is $10.00 per head for the first 24 hours or fraction thereof and $10.00 for each 24 hours thereafter.(g) No charges will be assessed for suckling calves, foals, pigs, lambs, or kids when accompanied by their dams.(h) At the request of the consignor, the livestock facility may detain the consignor's livestock at the facility until such time as the consignor authorizes their release.(i) Animals must be accompanied by proper United States Department of Agriculture or Canadian health papers. At their discretion, facility managers may allow livestock to be unloaded prior to the arrival of the USDA or Canadian health papers if the livestock would suffer undue hardship as a result of the delay.(j) The consignor of the livestock shall be responsible for the outcome of inspections and any injuries or damages incidental to such inspections or use of the services, quarters, or grounds of the livestock facilities.(k) Pursuant to the Texas Agriculture Code, §146.024, livestock or other animals left in the livestock facilities for longer than 30 calendar days may be sold at public auction to satisfy any unpaid fees or other indebtedness to the department and private suppliers.(l) Fees are due and payable prior to the removal of the animals from the livestock facilities. Payment must be by electronic check, debit, or credit card. Payment by certified check or money order may be required of any user whose previous payment was declined or returned due to insufficient funds. Users who are in default of payment to the facilities may be denied use of the livestock facilities until such time as all outstanding fees have been paid in full.(m) The following facility use fee schedule applies to all animals processed at livestock facilities located along the Texas-Mexico border that are not listed in subsection (e) of this section. All animals: first 24 hours or fraction thereof: $5.00 per head; each 24 hours thereafter: $5.00 per head. The following facility use fee schedule applies to all animals processed at the department's Houston livestock facility that are not listed in subsection (f) of this section: All animals: first 24 hours or fraction thereof: $10 per head; each 24 hours thereafter: $10 per head. The fee for semen at all facilities is as follows: first 24 hours or fraction thereof: $25 per container; each 24 hours thereafter: $25 per container.(n) Reservation Requirement. All livestock shipments must have an approved reservation number, obtained at least 24 hours in advance of shipment arrival at a livestock facility. Livestock will not be unloaded without an approved reservation. Consignors must register in order to obtain a reservation. Registrations and reservations are conducted through the department's website (www.TexasAgriculture.gov).(o) Bio-Security Requirements. Consignors must contact and discuss any special bio-security requirements with the Director of Livestock Export at least five (5) business days before the expected shipment arrival date. Contact information for the Director of Livestock Export is available on the department's website and available at the livestock facilities.(p) Safety and Welfare of Animals. Department personnel will process all animals at the livestock facilities in a humane, safe, and efficient manner. If a consignor, or its agent or employee, specifies that a shipment is not to be unloaded at the facility, the department may require the shipment to be unloaded at any time if deemed necessary for the safety and welfare of the livestock. If a consignor, or its agent or employee, fails to promptly comply with department requirements deemed necessary for the safety and welfare of the livestock, the shipment may be expelled from the facility.(q) The consumption or possession of alcoholic beverages is forbidden at livestock facilities.</content><note type="source"><p>Source Note: The provisions of this §17.31 adopted to be effective May 28, 1993, 18 TexReg 3093; amended to be effective March 5, 1996, 21 TexReg 1526; amended to be effective March 30, 2000, 25 TexReg 2564; amended to be effective September 1, 2003, 28 TexReg 6812; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 18, 2015, 40 TexReg 695; amended to be effective February 7, 2023, 48 TexReg 506.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scB/s17.32"><num value="17.32">§17.32</num><heading>Hours of Operation of Livestock Facilities</heading><content>(a) Business hours. Business hours for the livestock facilities shall be from 8 a.m. until 5 p.m. Monday through Friday, except for state and federal holidays. When necessary, livestock facility managers may, at their discretion, alter these normal hours of operation. If deemed necessary by the department, livestock facilities located along the Texas-Mexico border may remain open on certain state or federal holidays. Additionally, the facilities may close, or exports of livestock may not occur, on official Mexican holidays.(b) Special arrangements. Arrangements for receiving, shipping, handling, or feeding of livestock during times other than normal working hours must be made with the respective livestock facility manager or office manager prior to 4 p.m. on normal work days, Monday through Friday, exclusive of holidays. Requests for operation of facilities during nonbusiness hours shall be made at least 24 hours in advance.(c) Operations during nonbusiness hours. Consignors who use the livestock facilities at times other than the business hours provided in subsection (a) of this section shall be assessed a surcharge consisting of $100 per shipment plus $50 per departmental employee per hour or portion of an hour that is worked during the nonbusiness hours. The surcharge established by this subsection is not applicable to the Houston livestock facility.</content><note type="source"><p>Source Note: The provisions of this §17.32 adopted to be effective May 28, 1993, 18 TexReg 3093; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 7, 2023, 48 TexReg 506.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scB/s17.33"><num value="17.33">§17.33</num><heading>Access to Livestock Facilities</heading><content>(a) General public. Users of the livestock facilities are permitted to operate their motor vehicles and livestock trailers in the facility parking and loading/unloading areas; parking is permitted in designated areas only. These persons may also use the facility waiting areas and restrooms. Due to safety and security concerns, non-employees are forbidden from entering all other areas of the livestock facilities, including livestock holding pens, lanes, and chutes, as well as all inside office and storage areas. Anyone seeking access to the inside offices, livestock holding pens, lanes, and chutes must obtain the approval of, or be accompanied by, a facility employee.(b) Government employees. Employees of the department, the United States Department of Agriculture, and the Mexican Secretariat for Agriculture and Water Resources may have full access to the facilities as is required to carry out their responsibilities for the inspection and handling of livestock.</content><note type="source"><p>Source Note: The provisions of this §17.33 adopted to be effective June 15, 1990, 15 TexReg 3081; amended to be effective May 28, 1993, 18 TexReg 3093; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 7, 2023, 48 TexReg 506.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c17/scC"><num value="C">SUBCHAPTER C</num><heading>GO TEXAN PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.50"><num value="17.50">§17.50</num><heading>Statement of Purpose</heading><content>The GO TEXAN Program is an initiative of the Texas Department of Agriculture dedicated to the purposes of promoting and encouraging the development and expansion of markets for Texas agricultural products and other products grown, processed, or produced in the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §17.50 adopted to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.51"><num value="17.51">§17.51</num><heading>Definitions</heading><content>In addition to the general definitions contained within Title 4, Part 1, Chapter 1, §1.1, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. For purposes of this subchapter, the department shall have sole discretion to determine whether a product meets the qualifications defined in this section.(1) Associate GO TEXAN Registrants--Persons who apply and are granted limited use of the mark by the department for assistance in the promotion and implementation of the GO TEXAN Program.(2) Equine species--A horse, pony, mule, or donkey that was foaled in Texas or has resided in Texas for at least one year.(3) Food--Agricultural products produced or processed in Texas for human consumption.(4) GO TEXAN certification mark--The GO TEXAN certification mark is a certification mark that is registered with the United States Patent and Trademark Office and the Texas Secretary of State's office by the department. The GO TEXAN certification mark appears as follows:Attached Graphic(5) GO TEXAN Program--A Texas Department of Agriculture initiative promoting Texas-made, grown, manufactured, or processed products; services; and communities; and supporting Texas-based businesses and connecting them with customers across the Lone Star State and around the world.(6) Horticulture products--Nursery, floral, and greenhouse plants or plant products produced in Texas from seeds, rootings, cuttings, tissue cultures, seedlings, or other propagation materials. Non-Texas plants being produced for such a period during which they are transplanted or increased in plant size and volume of container. Texas and non-Texas produced plant-based horticulture products processed in Texas.(7) Mark--The GO TEXAN certification mark.(8) Natural fibers--Fibers which have been produced from Texas crops or shorn from Texas livestock and which are used in textiles, apparel, and other goods. The term "natural fibers" also includes leather made from the hides of animals and reptiles.(9) Natural woods--Forestry products produced from Texas hardwood and softwood timber including, but not be limited to, furniture, home furnishings, building construction materials, pulp, and paper.(10) Other Products--(A) Any product produced in Texas which is not a Texas agricultural product, as defined in paragraph (19) of this section, but is:(i) produced, manufactured, constructed, or created within the state; or(ii) is processed within the state such that it has been altered by a mechanical or physical value-added procedure in Texas to change or add to its physical characteristics; and (iii) such product enhances the GO TEXAN Program;(B) Products described in subparagraph (A) of this paragraph which are produced in Texas, but processed outside of Texas, do not meet GO TEXAN Program requirements, unless facilities for processing are not reasonably available in Texas.(C) For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being an "other product" or processed other product and shall have the sole discretion to determine whether a product enhances the GO TEXAN Program.(11) Processed food product--Non-Texas agricultural food product which has undergone a value-added procedure in Texas to change or add to its physical characteristics, including, but not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, distilling, eviscerating, preserving, or dehydrating.(12) Processed in Texas--A product is processed in Texas if it has been altered by a mechanical or physical value-added procedure in Texas to change or add to its physical characteristics.(13) Processed natural fiber or natural wood product--Non-Texas raw, natural fiber or natural wood which has undergone mechanical or physical changes in Texas resulting in a finished, distinct product.(14) Produced in Texas--An agricultural product is produced in Texas if:(A) The agricultural product is grown, raised, nurtured, sown, or cultivated within the state.(B) Products produced in Texas but processed out of Texas do not meet GO TEXAN Program requirements unless facilities for processing are not reasonably available in Texas.(15) Producer--Any person who:(A) produces agricultural product(s) grown, raised, nurtured, sown, or cultivated in the State of Texas;(B) produces Texas processed agricultural product(s); or(C) produces Texas product(s) that is/are not processed outside of Texas, unless facilities for processing are not reasonably available in Texas. (16) Registrant--A person in good standing with the department who is authorized to use the GO TEXAN certification mark for the purpose of verifying their product or service as grown, produced, manufactured, or provided in Texas.(17) Restaurant--A food establishment, as defined in Texas Administrative Code, Title 25, Part 1, Chapter 229, Subchapter K (Texas Department of State Health Services; Texas Food Establishments), that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:(A) such as a restaurant, retail food store, satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and(B) that relinquishes possession of food to a consumer directly or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders or delivery services that are provided by common carriers. Restaurant registrants do not include:(i) any establishment that offers only prepackaged foods that are not potentially hazardous;(ii) a produce stand that only offers whole, uncut fresh fruits and vegetables;(iii) a food processing plant; (iv) a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law;(v) an area where food that is prepared as specified in clause (iv) of this subparagraph is sold or offered for human consumption; (vi) a bed and breakfast limited facility; or(vii) a private home that receives catered or home-delivered food. (18) Texas agricultural product--An agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable or fruit product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including:(A) food for human consumption;(B) equine species;(C) feed for use by livestock or poultry;(D) fish or other aquatic species;(E) livestock, a livestock product, or a livestock by-product;(F) planting seed;(G) poultry, a poultry product, or a poultry by-product; or(H) wildlife processed for food or by-products.(19) Texas processed agricultural product--Non-Texas agricultural product, excluding processed food product and processed natural wood and natural fiber product, which has undergone a value added procedure in Texas that changes or adds to its physical characteristics.</content><note type="source"><p>Source Note: The provisions of this §17.51 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective September 7, 1998, 23 TexReg 9016; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective July 20, 2000, 25 TexReg 6699; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective February 5, 2004, 29 TexReg 937; amended to be effectiveJanuary 9, 2008, 33 TexReg 76; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.52"><num value="17.52">§17.52</num><heading>Application for Registration to Use the GO TEXAN Certification Mark</heading><content>(a) No person shall use, employ, adopt, or utilize the GO TEXAN certification mark, unless prior application for registration has been made to the department and permission has been granted. In addition to any other fee that may be assessed under this chapter, the department may assess a fee or royalty as described in §17.63 of this subchapter (relating to Licensing of the GO TEXAN Certification Mark) for use of the GO TEXAN certification mark.(b) Unless permission is otherwise granted by the department, the GO TEXAN certification mark may only be used by registrants in accordance with these rules and department guidance to certify and promote the following Texas products:(1) agricultural products produced in Texas;(2) agricultural food products processed in Texas, regardless of origin, and unprocessed agricultural food products grown in Texas. A food service company, excluding restaurants, is not eligible for registration unless it processes a packaged product for resale, in which case the mark may only be used to promote the specific program-eligible products. Food service companies may not use the mark to promote the approved business or its services in a manner that would mislead consumers to believe it was a GO TEXAN registrant;(3) wine produced in Texas or processed in Texas, as defined in §17.51 of this subchapter (relating to Definitions). Wine meeting this standard, but consisting of less than 75 percent Texas-grown fruit, may not use the GO TEXAN certification mark on the label, bottle, or cork. GO TEXAN registrant wineries may continue to use the mark on their general marketing materials and participate in GO TEXAN promotions;(4) Texas-grown nursery, floral, and forestry products;(5) leather, textile, or apparel products approved by the department as being:(A) composed of 50% or greater natural fibers derived from crops or livestock grown or raised within the State of Texas, the identity of the fibers having been preserved throughout processing so as to be verifiable by satisfactory documentation as having originated in Texas; or(B) composed of 50% or greater natural fibers, regardless of where grown or raised, which have been processed into leather, textile, or apparel products within the State of Texas in a manner which substantially changes their form, and, if composed of natural fibers derived from crops or livestock grown or raised outside the State of Texas, the natural fibers must be of a type commercially produced within the State of Texas;(6) horticulture product(s);(7) meat(s). In order to be certified as "GO TEXAN", meat(s), applicants must meet the following criteria:(A) Livestock or exotic animals must have been born, raised, fed, slaughtered, and/or products therefrom fabricated in Texas.(B) For purposes of this paragraph, "fabricated" shall be defined as the process of taking a carcass and cutting the carcass into wholesale or retail cuts of meat or meat products.(8) livestock or poultry feed(s), feed supplement(s), and pet food(s);(9) fish, shellfish, or other aquatic species in their raw form or processed form;(10) natural fiber(s);(11) natural wood(s);(12) processed food product(s);(13) processed natural fiber and natural wood product(s);(14) wildlife processed for food or by-products;(15) equine species;(16) Texas processed agricultural product(s); and(17) other products produced, manufactured, constructed, or created within Texas; or processed within Texas as described in §17.51 of this subchapter.(c) Applications submitted under this section shall be made online at www.licensing.texasagriculture.gov.(d) Applications will not be processed without the required registration fee.(e) Upon approval of the application, the department shall provide the registrant a certificate of registration which is valid for one year and shall expire on the last day of the month corresponding to the license anniversary date. The department shall also provide copies of the mark, suitable for reproduction, upon request of the registrant.(f) Other than the authorized use of the mark, no registrant shall use any statement of affiliation or endorsement by the State of Texas or the department in the selling, advertising, marketing, packaging, or other commercial handling of GO TEXAN products and services.(g) Registrants shall indemnify and hold harmless the commissioner, the State of Texas, and the department for any claims, losses, court costs and attorneys' fees, or damages arising out of or in connection with that person's use, advertising, marketing, packaging, manufacture, or other commercial handling of GO TEXAN products and services.(h) Any permission under the certificate of registration granted to a registrant to use the GO TEXAN certification mark shall be nonexclusive and nontransferable for the products listed in the application.(i) Registrants shall do nothing inconsistent with the ownership of the mark in the department, and all use of the mark by any registrant shall inure to the benefit of and be on behalf of the department. Registrants shall not have any right, title, or interest in the mark, other than the right to use the mark as authorized in accordance with the certificate of registration. Registrants waive the right to attack the department's ownership, use of, and permissions granted by the department associated with the GO TEXAN certification mark.(j) The nature and quality of the goods sold by registrants in connection with the mark shall conform to any standards, which are set by the department. Registrants shall cooperate with the department by permitting reasonable inspection of the registrant's operation and promptly supplying the department with specimens of use of the mark upon request. Registrants shall not use the mark on goods sold or marketed as products from another country or state, or as products from a city or region outside of Texas, unless prior written authorization is received from the department.(k) Registrants shall comply with all applicable laws and regulations and obtain all appropriate governmental approval pertaining to the selling, advertising, marketing, packaging, manufacturing, or other commercial handling of the products or services covered by the certification of registration.(l) Registrants shall use the mark only in the form and manner, and with appropriate legends, as prescribed by the department.(m) Registrant is responsible for strict compliance with current departmental guidance and regulations. Guidance is available on the GO TEXAN website (www.gotexan.org) and as provided by the department. Failure to meet all use requirements will result in the suspension or termination of use of the mark and GO TEXAN Program license.(n) The department shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the GO TEXAN certification mark. Failure to bring proceedings does not constitute a waiver of the department's rights and does not preclude all other available legal actions.(o) The department shall consider in its evaluation of an applicant or registrant any information that could impair the department's efforts to promote the development of markets for Texas agriculture and other products or the existence of the mark. This includes whether the product may enhance the integrity and positive image of the GO TEXAN Program, including, but not limited to, a review of the applicant's criminal background, as authorized by applicable laws and regulations. Failure to promote the GO TEXAN Program or compromising the image and integrity of the GO TEXAN Program will result in the denial or termination of the application or registration to use the GO TEXAN certification mark.</content><note type="source"><p>Source Note: The provisions of this §17.52 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective September 7, 1998, 23 TexReg 9016; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective February 5, 2004, 29 TexReg 937; amended to be effectiveJuly7, 2004, 29 TexReg 6256; amended to be effective December 21, 2005, 30 TexReg 8425; amended to be effective July 26, 2006, 31 TexReg 5799; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective October 18, 2009, 34 TexReg 7065; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.53"><num value="17.53">§17.53</num><heading>Action on Application</heading><content>(a) Application. Within 30 days of receipt of an application for registration, the department shall make an initial determination of whether such registration permission shall be granted or denied and notify the applicant in writing. If the applicant is denied registration, then the applicant shall be provided a reason for such denial.(b) Denial. An application or renewal of registration for the GO TEXAN Program and associated use of the GO TEXAN certification mark may be denied if:(1) application is not made in compliance with §17.52 of this subchapter (relating to Application for Registration to Use the GO TEXAN Certification Mark);(2) the applicant cannot provide adequate assurances that the product or service for which application is made qualifies and will continue to qualify for the program(s) in which it is enrolled;(3) the product is of a quality markedly inferior to that representative of similar products produced in Texas;(4) the applicant has misused the GO TEXAN certification mark prior to the date of application;(5) applicant's use of the GO TEXAN certification mark would either:(A) impair or frustrate the department's efforts to expand or encourage development of the markets for Texas agricultural and other products; or(B) fail to enhance the integrity and image of the GO TEXAN Program, as determined by the department; or(6) it has been determined not to be in accordance with department policy.(c) Appeal. If the applicant wishes to contest such initial determination, notice of protest shall be filed by the applicant with the department within 15 days of receipt by the applicant of notice of such initial determination. The date of notification is the date the notice was mailed by first class mail or sent electronically to the applicant. Should notice of protest be timely filed, the applicant's request shall be administered as a contested case as provided for in the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Part 1, Chapter 1 of this title (relating to General Procedures).(d) Failure to file Notice of Protest. If notice of protest has not been filed with the department within 15 days of receipt by the applicant of notice of such initial determination, such initial determination shall become final.</content><note type="source"><p>Source Note: The provisions of this §17.53 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.55"><num value="17.55">§17.55</num><heading>Registration and Use of the GO TEXAN Certification Mark</heading><content>(a) Registration. An annual fee for registration in the GO TEXAN Program shall be paid to the department. Registration fees are based on the applicant's tier selection at time of application. Applicants may select from four different levels of participation in the GO TEXAN Program, defined in paragraphs (1) - (4) of this subsection. Registrants in good standing with a current registration shall be granted licensed use of the GO TEXAN certification mark in accordance with guidelines prescribed in this subchapter. In addition to the benefit of using the GO TEXAN certification mark, registrants shall also be entitled to benefits offered by the department and described in greater detail at www.gotexan.org. All benefits are subject to continued authorization and appropriation of the GO TEXAN Program by the Texas Legislature.(1) Tier 1 - $100.(2) Tier 2 - $500.(3) Tier 3 - $1,000.(4) Champion Sponsor - Sponsorship levels begin at $5,000.(b) Annual Registration Renewal.(1) Thirty days before the expiration date of the registration, the department shall send the registrant a renewal notification.(2) After receipt of the renewal and annual fee, the department will send an approved registrant a certificate of registration.(3) Registrant's account shall be suspended immediately for failure to renew registration upon expiration.(4) Failure to renew GO TEXAN Program registration within one calendar year of expiration shall deem registration terminated. A new application for registration will be required for reinstatement to the GO TEXAN Program.(c) Limited use restrictions.(1) Registrant shall be granted a limited, non-exclusive license to use the mark solely in conjunction with the reproduction, display, advertisement, and promotion for which registrant has been approved, within the United States, for the registration period.(2) Registrant will immediately cease use of the certification mark upon the suspension, expiration, or termination of the registration.(3) Registrant's proposed use shall be subject to review and approval by the department. It is the responsibility of the registrant to ensure proper compliance with current departmental guidance regarding use of the mark. Failure to do so shall result in the suspension and/or termination of the GO TEXAN registration. The department may take legal action as necessary to ensure compliance with this subchapter at any time.(4) Upon request, registrant shall promptly furnish the department a sample of any material bearing the mark, including, but not limited to, all use, advertising, promotional, and display materials, at no charge, for the department's written approval prior to any use thereof.(5) Registrant's authorized use shall be of high standard that promotes the goodwill and reputation of the GO TEXAN Program and the department. Failure to promote the GO TEXAN Program or compromising the image and integrity of the GO TEXAN Program or the department will result in the termination of the registration.(6) As required by the department, registrant shall affix on all items utilized in the authorized use, appropriate legal notices, as follows: "GO TEXAN is a certification mark of, and is used with permission from the Texas Department of Agriculture" in addition to use of the registration symbol in conjunction with the certification mark.(7) Registrant's authorization to use the GO TEXAN certification mark shall not be construed to grant or assign any right, title, or interest in or to the GO TEXAN certification mark or the goodwill attached thereto.(8) Any and all use of the mark by registrant as allowed under program rules shall inure solely to the benefit of the department.</content><note type="source"><p>Source Note: The provisions of this §17.55 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective July 7, 2004, 29 TexReg 6256; amended to be effective July 26, 2006, 31 TexReg 5799; amended to be effective January 9,2008, 33TexReg 76; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292; amended to be effective August 31, 2015, 40 TexReg 5455; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.56"><num value="17.56">§17.56</num><heading>Termination of Registration To Use the GO TEXAN Certification Mark</heading><content>(a) Registration to use the GO TEXAN certification mark may be revoked at any time if the mark is misused, as determined by the department.(b) Misuse of the GO TEXAN certification mark includes, but is not limited to:(1) use of the mark in the selling, advertising, marketing, packaging, or other commercial handling of a product or service for which registration to use the mark has not been granted by the department;(2) use of the mark in the selling, advertising, marketing, packaging, or other commercial handling of a product which is of a quality markedly inferior to that representative of similar products produced in Texas;(3) use of the mark that would either:(A) impair or frustrate the department's efforts to expand or encourage development of the markets for Texas agricultural and other products; or(B) fail to enhance the integrity and image of the GO TEXAN Program, as determined by the department; or(4) use of the mark in a manner violating any rule promulgated by the department.(c) Proceedings for the revocation of registration to use the GO TEXAN certification mark shall be conducted in the manner provided for contested cases by the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Part 1, Chapter 1 of this title (relating to General Procedures).(d) A proceeding for revocation of registration to use the GO TEXAN certification mark shall not preclude the commissioner from pursuing any other remedies, including, where applicable, the penal and injunctive remedies provided for by law.</content><note type="source"><p>Source Note: The provisions of this §17.56 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective February 5, 2004, 29 TexReg 937; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 12,2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.57"><num value="17.57">§17.57</num><heading>Associate GO TEXAN Registrants</heading><content>(a) Statement of purpose; Applicability. This section authorizes retailers, qualified livestock shows, distributors, communities, restaurants, and other entities to become associate GO TEXAN participants and assist the department with the promotion and implementation of the GO TEXAN Program.(b) Application process.(1) Application to use the GO TEXAN certification mark in accordance with this section shall be made in the same manner as provided in §17.52 of this subchapter (relating to Application for Registration To Use the GO TEXAN Certification Mark).(2) Except as otherwise provided in this section, §§17.53, 17.55, and 17.56 of this subchapter (relating to Action on Application, Registration and Use of the GO TEXAN Certification Mark, and Termination of Registration To Use the GO TEXAN Certification Mark, respectively) shall apply to entities certified under this section.(c) Eligibility Requirements and Registrant Categories.(1) Eligibility requirements. All retailers, livestock shows, distributors, and other entities interested in assisting the department with the promotion and implementation of the GO TEXAN Program may apply for Associate GO TEXAN participation.(2) Limitations. Associate GO TEXAN registrants shall only use the mark for the limited purpose stated in the certificate of registration. Use of the mark by Associate GO TEXAN registrants is limited to general promotion of the GO TEXAN Program and use is subject to department rules.(3) Livestock Shows and Festivals. A registrant's use of the mark is limited to promotion of the GO TEXAN Program at livestock shows and festivals in Texas that promote Texas agricultural products.(4) Retailer. A registrant's use of the mark is limited to general promotion of GO TEXAN products as defined in §17.51 and §17.52 of this subchapter (relating to Definitions and Application for Registration To Use the GO TEXAN Certification Mark) in its retail locations.(5) Other entities. A registrant's use of the mark is limited to promotion of the GO TEXAN Program, products, and participants.(6) Distributors. A registrant's use of the mark is limited to the promotion of GO TEXAN participant's products or the general promotion of GO TEXAN products, as defined in §17.51 and §17.52 of this subchapter.(d) Printers and media. Printers' and media companies' use of the mark is limited to reproduction of the mark for use by current GO TEXAN Program registrants and participants on their approved products. A printer may be eligible for GO TEXAN participation if it creates original works produced in Texas; or Associate participation if the printer can demonstrate its desire and ability to assist the promotion of the GO TEXAN Program and its participants and registrants.</content><note type="source"><p>Source Note: The provisions of this §17.57 adopted to be effective November 18, 1999, 24 TexReg 10046; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.59"><num value="17.59">§17.59</num><heading>Non-Agricultural Member; Other Products; Products Produced in this State</heading><content>(a) Permission to use the GO TEXAN certification mark. Permission to use the GO TEXAN certification mark may be granted by the department to registrants who have been properly certified as a "Non-Agricultural Member" to promote Texas "Other Products", as defined in §17.51 of this subchapter (relating to Definitions).(b) Application process:(1) Application to use the GO TEXAN certification mark in accordance with this section shall be made in the same manner as provided in §17.52 of this subchapter (relating to Application for Registration to Use the GO TEXAN Certification Mark).(2) Except as otherwise provided in this section, §§17.53, 17.55, and 17.56 of this subchapter (relating to Action on Application, Registration and Use of the GO TEXAN Certification Mark, and Termination of Registration To Use the GO TEXAN Certification Mark, respectively) shall apply to entities certified under this section.</content><note type="source"><p>Source Note: The provisions of this §17.59 adopted to be effective February 5, 2004, 29 TexReg 937; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scC/s17.63"><num value="17.63">§17.63</num><heading>Licensing of the GO TEXAN Certification Mark</heading><content>(a) Except as specifically authorized under this subchapter, no person may depict, display, or use, in any manner, the GO TEXAN certification mark without obtaining prior written permission from the department. A person may seek such permission by filing an application for use of the GO TEXAN certification mark with the department. All information submitted with a request for license becomes the property of the department.(b) A request for a license under this section must be accompanied by a $50 non-refundable application fee.(c) Upon approval of a request, a licensee under this section shall pay a one-time royalty fee of $1,000. Failure to pay the licensing fee within 30 days of approval shall result in denial of the license and cancellation of the approved request.(d) A license under this section is not required for the depiction, display, or use of the GO TEXAN certification mark under the following circumstances:(1) use of the GO TEXAN certification mark to promote the GO TEXAN Program for an historical, educational, or other purpose that benefits the public if authorized in writing by the department prior to such use; or(2) use authorized by §§17.52(b), 17.55(c)(1), 17.57(c)(2), and 17.59(a) of this subchapter (relating to Application for Registration to Use the GO TEXAN Certification Mark, Registration and Use of the GO TEXAN Certification Mark, Associate GO TEXAN Registrants, and Non-Agricultural Member; Other Products; Products Produced in this State, respectively).</content><note type="source"><p>Source Note: The provisions of this §17.63 adopted to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 12, 2023, 48 TexReg 656.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c17/scD"><num value="D">SUBCHAPTER D</num><heading>CERTIFICATION OF FARMERS MARKET</heading><section identifier="/us/state/tx/tac/t4/p1/c17/scD/s17.70"><num value="17.70">§17.70</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Applicant--A farmers market manager or other authorized agent for a specified farmers market association.(2) Certified farmers markets--Farmers markets that have opted to be voluntarily certified by the department pursuant to this subchapter.(3) Farmers market--An association operating one or more locations at which a group of two or more farmers offer produce for retail sale.</content><note type="source"><p>Source Note: The provisions of this §17.70 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective March 21, 1996, 21 TexReg 2072; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective February 2, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scD/s17.71"><num value="17.71">§17.71</num><heading>Issuance of Certificate</heading><content>(a) The commissioner shall certify farmers markets in accordance with this subchapter. Upon certification of a farmers market, the commissioner shall issue a farmers market certificate. Certified farmers markets agree to comply with local municipal, county and state health and safety regulations, and general requirements of the department.(b) An annual certification fee will be assessed to all markets with their application. The fee will be based on the number of weeks per year the market operates. The number of weeks is calculated on a seven-day (Sunday-Saturday) basis. For any single or multiple days of operation that fall within a week, the week shall count toward the number of weeks of operation. Fees will be as follows:(1) 1-26 weeks per year - $50, for markets that are not members of the department's GO TEXAN program, set out in Subchapter C of this chapter (relating to GO TEXAN Certification Mark), and $25 for markets that are members of the department's GO TEXAN program;(2) 27-52 weeks per year - $100, for markets that are not members of the department's GO TEXAN program and $50 for markets that are current members of the department's GO TEXAN program.(c) Farmers markets who are not members of the department's GO TEXAN program, with multiple locations, will be assessed a certification fee of $25 per additional location over and above the fee associated with the initial certified location. If a farmers market is a member of the GO TEXAN program, the fee for each additional location is $12.50. The fee for each additional location is not dependent on the number of weeks of operation.</content><note type="source"><p>Source Note: The provisions of this §17.71 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective March 21, 1996, 21 TexReg 2072; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective February 2, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scD/s17.72"><num value="17.72">§17.72</num><heading>Application Process</heading><content>(a) An applicant seeking voluntary certification must submit a completed application on a form approved by the department to the state headquarters in Austin. Application forms may be obtained online at www.texasagriculture.gov. Once the application is received, reviewed and approved, an invoice will be emailed to the designated contact for payment online within 5 business days.(b) Within 15 days of receipt of a completed application for certification, the commissioner or an authorized agent shall notify the applicant in writing of the approval or denial of his application. If approved, the department shall issue to the recipient the farmers market certificate, which shall expire on the following January 31.(c) Certifications must be renewed annually. The department shall send each certified farmers market a renewal form setting forth the requirements for renewal. Within 30 days of receipt of the renewal form, the farmers market shall complete and return the form to the department, together with all the items required by §17.73(2) of this chapter (relating to Eligibility Requirements) to be filed with the department on an annual basis.(d) Applications must be submitted for the calendar year period. Fees shall not be prorated.</content><note type="source"><p>Source Note: The provisions of this §17.72 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective March 21, 1996, 21 TexReg 2072; amended to be effective January 10, 2006, 31 TexReg 104; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective February 2, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scD/s17.73"><num value="17.73">§17.73</num><heading>Eligibility Requirements</heading><content>A farmers market is eligible for certification if:(1) a completed farmers market application form is submitted;(2) the applicant has filed annually with the department at the state headquarters in Austin, a copy of the farmers market association bylaws, a list of the members of the governing body, a list of the association members, identifying those members that are farmers selling their own produce, a description of the market location, and the seasons, days, and hours of operation;(3) at a minimum, 75 percent of all agricultural products sold through the farmers market are grown in Texas;(4) at least two or more of its members are farmers selling their own produce; and(5) all agricultural products sold at the market are of merchantable quality.</content><note type="source"><p>Source Note: The provisions of this §17.73 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective March 21, 1996, 21 TexReg 2072; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 2, 2023, 48 TexReg 347.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scD/s17.74"><num value="17.74">§17.74</num><heading>Withdrawal of Certification</heading><content>(a) A farmers market's certification may be withdrawn for failure to adhere to any of the requirements set out in §17.73 of this chapter (relating to Eligibility Requirements), including failure of the farmers market association to enforce any of the mandatory bylaws provisions, or violation of any general rules and regulations of the department.(b) Proceedings for the revocation of certification shall be conducted in the manner provided for contested cases by the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Part 1, Chapter 1, Subchapter A of this title (relating to General Rules of Practice).</content><note type="source"><p>Source Note: The provisions of this §17.74 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective March 21, 1996, 21 TexReg 2072; amended to be effective February 2, 2023, 48 TexReg 347.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c17/scJ"><num value="J">SUBCHAPTER J</num><heading>GO TEXAN CERTIFIED RETIREMENT COMMUNITY PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c17/scJ/s17.600"><num value="17.600">§17.600</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Applicant--A unit of general local government seeking membership certification in the Go Texan Certified Retirement Community Program.(2) Application--Written request for certification under the Go Texan Certified Retirement Community Program in the format prescribed by the department.(3) Commissioner--The commissioner of agriculture of the State of Texas or the commissioner's designee.(4) Department--The Texas Department of Agriculture.(5) Guidelines--Guidelines promulgated by the department for completing the application for the Program and administration of the program.(6) Local government--An entity defined as a unit of general local government in 42 United States Code, §5302(a)(1).(7) Program--The Go Texan Certified Retirement Community Program.(8) Sponsor--A board, organization or panel designated in the application by the applicant to serve as the community's primary contact regarding all aspects of the Program.(9) Staff--Staff of the department.</content><note type="source"><p>Source Note: The provisions of this §17.600 adopted to be effective January 10, 2013, 38 TexReg 241.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scJ/s17.601"><num value="17.601">§17.601</num><heading>Statement of Purpose</heading><content>The Go Texan Certified Retirement Community Program is established to:(1) promote Texas as a retirement destination to retirees and potential retirees both in and outside Texas;(2) assist Texas communities in their efforts to market themselves as desirable retirement locations and to develop communities that retirees would find attractive for a retirement lifestyle;(3) assist in the development of retirement communities and long term living communities for economic development purposes and as a means of providing a potential workforce and enriching Texas communities; and(4) increase tourism to Texas by promoting the state as a desirable retirement location to visitors and those seeking retirement options in Texas.</content><note type="source"><p>Source Note: The provisions of this §17.601 adopted to be effective January 10, 2013, 38 TexReg 241.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scJ/s17.602"><num value="17.602">§17.602</num><heading>Application; Review; Fees</heading><content>(a) General information.(1) An applicant community must be a unit of general local government.(2) Sponsor required.(A) The applicant must designate a sponsor that will be responsible for working with the department during the application process and will serve as the primary contact for disseminating information to potential retirees through the Program if the certification is granted. The sponsor should be a recognizable entity within the community, have a physical location with regular office hours, and should have the capacity and resources to manage the community's retirement recruitment efforts.(B) After approval, a Go Texan Certified Retirement Community may change the sponsor by notifying the department in writing.(3) Program guidelines and applications are available on the agency website www.retireintexas.org, or from Texas Department of Agriculture, Marketing and International Trade, P.O. Box 12847, Austin, Texas 78711.(4) Each applicant must submit a completed application to: Texas Department of Agriculture, Marketing and International Trade, P.O. Box 12076, Austin, Texas 78711.(5) No changes to the application will be allowed after the application is submitted, unless they are a result of Staff recommendations.(b) Applications must be submitted within the time prescribed by the department and include:(1) a completed score sheet as provided in the Program Guidelines;(2) a completed retiree desirability assessment to include the following information regarding the applicant community:(A) information on the applicant's demographics, geography and climate;(B) Texas state and local tax structure;(C) local housing availability, opportunities and cost;(D) climate;(E) personal safety or security;(F) employment opportunities;(G) availability of health care services and other services along the continuum of care, including home-based and community-based services, housing for the elderly, assisted living, personal care, and nursing care facilities;(H) availability of emergency medical services and the name and location of any hospital within a 75-mile radius of the community;(I) public transportation and major highways;(J) continuing education;(K) leisure living;(L) recreation areas and facilities;(M) the performing arts;(N) festivals and events;(O) sports at all levels;(P) crime statistics;(Q) any other information requested by the department.(3) evidence of support from area businesses, churches, clubs, media, and other entities, as necessary for the success of the program in the community;(4) a marketing plan detailing the Program's mission as applied to the community, the target market, the competition, an analysis of the community's strengths, weaknesses, opportunities and dangers, and the strategies the community will employ to attain the goals of the Program;(5) a long-term plan outlining the steps the community will undertake to maintain its desirability as a destination for retirees, including an outline of plans to correct any facility and service deficiencies identified in the retiree desirability assessment; and(6) any other information required by the Program Guidelines.(c) Review and approval.(1) Staff will score the applications and review the applications for eligibility and completeness.(2) Applicant will be notified of any deficiencies and given 20 days to rectify deficiencies. Staff may work with the applicant to improve or modify the application, with the intent of helping the applicant achieve certification. An application containing an excessive number of deficiencies, or deficiencies of a material nature may not be considered for certification.(3) After the scoring and application process is complete, Staff will make a recommendation for approval or denial of the request for certification to the commissioner. The commissioner will make the final decision regarding certification.(4) The department will notify the applicant of approval or denial of the application within 75 days of the date of receipt of the completed application.(d) Upon notice of approval of the application, an application fee must be promptly submitted in an amount equal to the greater of:(1) $5,000; or(2) $0.25 multiplied by the population of the community, as determined by the most recent census.</content><note type="source"><p>Source Note: The provisions of this §17.602 adopted to be effective January 10, 2013, 38 TexReg 241.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scJ/s17.603"><num value="17.603">§17.603</num><heading>Providing Assistance to Certified Communities</heading><content>(a) The department shall provide the following assistance to certified communities:(1) training opportunities for community representatives;(2) guidance in marketing, plus updates on retirement trends;(3) inclusion in the department's electronic marketing efforts, public relations campaigns and promotions;(4) information on cooperative participation in the development of advertising materials, including, but not limited to: literature, advertising and signage; and(5) opportunities to partner with state, regional and national tourism associations, other state agencies and/or other program partners to develop cooperative campaigns promoting the community.(b) Upon the department's notice of approval of an application and payment of the required certification fee by the community, the department will meet with community representatives to discuss the Program and the community's needs.(c) The department will consult with the community annually to evaluate the effectiveness of the Program.(d) The department may revoke approval to use the GO TEXAN Certified Retirement Community certification mark if a community fails to comply with the Program guidelines, including payment of fees or misuse of the mark, as defined in §17.56 of this chapter (relating to Termination of Registration to Use the GO TEXAN Registration Mark).</content><note type="source"><p>Source Note: The provisions of this §17.603 adopted to be effective January 10, 2013, 38 TexReg 241; amended to be effective November 5, 2014, 39 TexReg 8571.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scJ/s17.604"><num value="17.604">§17.604</num><heading>Certification and Use of the "Texas Certified Retirement Community" or Other Department Marks; Expiration and Renewal of Certificate</heading><content>(a) Certification. Certification under this program shall entitle the community to use the GO TEXAN Certified Retirement Community certification mark to promote the community to retirees, potential retirees and to any other interested parties. Use of the mark is subject to the rules set forth in §17.55 of this chapter (relating to Registration and Use of the GO TEXAN Certification Mark).(b) Expiration and renewal of Certification.(1) A community's certification expires on the fifth anniversary of the date the initial certification is issued.(2) To be considered for recertification by the department an applicant community must complete and submit a new application.(3) The department shall invoice applicant for required fees upon tentative approval of the application.(4) The applicant will not receive final approval until required fees have been received by the department.</content><note type="source"><p>Source Note: The provisions of this §17.604 adopted to be effective January 10, 2013, 38 TexReg 241; amended to be effective November 5, 2014, 39 TexReg 8571.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c17/scK"><num value="K">SUBCHAPTER K</num><heading>GO TEXAN - MARKETING ENHANCEMENT GRANT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.700"><num value="17.700">§17.700</num><heading>Statement of Purpose</heading><content>The GO TEXAN-Marketing Enhancement Grant Assistance Program is designed to provide grant funds to GO TEXAN partners to assist with the marketing and promotion of certified Texas agricultural products, including those that have been produced, processed, or otherwise had value added to the product in Texas; certified Texas non-agricultural products; Associate GO TEXAN Registrants; or the GO TEXAN Program.</content><note type="source"><p>Source Note: The provisions of this §17.700 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.701"><num value="17.701">§17.701</num><heading>Definitions</heading><content>General definitions applicable to Title 4, Part 1, including this subchapter, are located in Chapter 1, Rule 1.1. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Associate GO TEXAN Registrants--Persons who apply and are granted limited use of the mark by the department for assistance in the promotion and implementation of the GO TEXAN Program.(2) Good standing--Means that an applicant's GO TEXAN registration is in full compliance with all of the provisions of the GO TEXAN Program, including applicant's GO TEXAN registration has been approved by the Department and is not currently suspended or terminated, all registration fees have been paid, and the Registrant's account has no outstanding issues.(3) GO TEXAN Program--Texas Department of Agriculture's promotion of Texas-made, grown, manufactured or processed products, as well as services and communities.(4) MEGA Program--GO TEXAN-Marketing Enhancement Grant Assistance Program.(5) Registrant--A person in good standing with the Department who is authorized to use the GO TEXAN certification mark for the purpose of verifying their product or service is grown, manufactured or provided in Texas.</content><note type="source"><p>Source Note: The provisions of this §17.701 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.702"><num value="17.702">§17.702</num><heading>Administration</heading><content>(a) The Department shall administer the MEGA Program, subject to the availability of funds.(b) The Department may create multiple grant opportunities under the MEGA Program to benefit products or Associate GO TEXAN Registrants by bringing awareness to the businesses and the GO TEXAN Program as a whole.(c) The Department shall approve a standard grant application for each MEGA Program grant cycle. The request for grant applications, standard application form, or related guidance materials for each MEGA Program grant cycle shall state the purpose of the grant program, eligibility criteria, required information, selection criteria, due date for submission of applications, and estimated award date.(d) Information required by the application form for each type of grant opportunity offered under the MEGA Program will serve as the selection criteria used by the Department to determine grant awards. The Department shall publish an application form and provide additional information concerning each type of grant opportunity in its Request for Grant Applications, which shall be made available to the public on the Department's website.(e) The Department shall review submitted applications according to the published selection criteria and make funding recommendations to the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §17.702 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.703"><num value="17.703">§17.703</num><heading>Eligibility</heading><content>(a) An eligible applicant must be a current GO TEXAN Program Registrant in good standing, as defined in this subchapter. Selected applicants must maintain an appropriate level of GO TEXAN participation throughout the term of the MEGA Program grant, based on grant eligibility criteria published in the request for grant application for each MEGA Program grant cycle.(b) Eligibility to participate in the MEGA Program is determined upon the deadline to submit applications.(c) An applicant that has a family, employment or business relationship with an executive, officer or employee of the Department is not eligible for a grant and may not participate in the MEGA Program. A family relationship is defined as a relationship within the third degree of consanguinity or second degree of affinity, as established pursuant to Chapter 573 of the Texas Government Code.</content><note type="source"><p>Source Note: The provisions of this §17.703 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.704"><num value="17.704">§17.704</num><heading>Use of Grant</heading><content>(a) Funds received under this subchapter may only be used for activities related to the specified purpose of the grant opportunity offered as part of the MEGA Program namely, marketing and promotion of certified GO TEXAN agricultural and non-agricultural products, Associate GO TEXAN Registrants, or the GO TEXAN Program. The published request for grant applications will clearly identify the purpose of the grant and include information related to eligible and ineligible expenditures.(b) Funds shall be distributed to selected applicants on a cost reimbursement basis in accordance with the grant agreement.</content><note type="source"><p>Source Note: The provisions of this §17.704 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.705"><num value="17.705">§17.705</num><heading>Filing Requirements; Consideration of Project Requests; Grant Awards</heading><content>(a) An applicant must submit an application in accordance with published MEGA Program guidelines outlined in the official request for grant applications.(b) Eligible applicants shall submit a project request in the format prescribed by the Department as part of the MEGA Program grant application and must describe the project activities to be carried out, propose budget expenditures, reflect an estimated timeline for completion of activities, and include any other information required by the Department.(c) Maximum grant amounts for individual awards shall be published in the request for grant applications for each MEGA Program grant cycle.(d) The Department may, in its sole discretion, decline to award any grants during a MEGA Program grant cycle.</content><note type="source"><p>Source Note: The provisions of this §17.705 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c17/scK/s17.706"><num value="17.706">§17.706</num><heading>Reporting Requirements</heading><content>Grant recipients shall submit required reports in accordance with Department procedures, and as specified in the grant agreement entered into by the Department and the grant recipient.</content><note type="source"><p>Source Note: The provisions of this §17.706 adopted to be effective May 31, 2022, 47 TexReg 3117.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c18"><num value="18">CHAPTER 18</num><heading>ORGANIC STANDARDS AND CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c18/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c18/scA/s18.1"><num value="18.1">§18.1</num><heading>Meaning of Words</heading><content>For the purpose of the regulations in this subchapter, words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand.</content><note type="source"><p>Source Note: The provisions of this §18.1 adopted to be effective December 14, 2003, 28 TexReg 10915.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scA/s18.2"><num value="18.2">§18.2</num><heading>Terms Defined</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Broker--An operation that facilitates the buying and selling of an agricultural product but does posses ownership rights or handle the product.(2) Department--The Texas Department of Agriculture.(3) Distributor--An operation that handles an agricultural product but does not conduct any processing other than non-temperature controlled storage, shipment, and enclosing product in a container.</content><note type="source"><p>Source Note: The provisions of this §18.2 adopted to be effective September 1, 2011, 36 TexReg 5355.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scA/s18.3"><num value="18.3">§18.3</num><heading>Adoption by Reference</heading><content>The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart A, Definitions, §205.2.</content><note type="source"><p>Source Note: The provisions of this §18.3 adopted to be effective September 1, 2011, 36 TexReg 5355.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c18/scB"><num value="B">SUBCHAPTER B</num><heading>APPLICABILITY</heading><section identifier="/us/state/tx/tac/t4/p1/c18/scB/s18.100"><num value="18.100">§18.100</num><heading>Adoption by Reference</heading><content>The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart B, Applicability, §§205.100 - 205.199.</content><note type="source"><p>Source Note: The provisions of this §18.100 adopted to be effective September 1, 2011, 36 TexReg 5355.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c18/scC"><num value="C">SUBCHAPTER C</num><heading>ORGANIC PRODUCTION AND HANDLING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p1/c18/scC/s18.200"><num value="18.200">§18.200</num><heading>Adoption by Reference</heading><content>The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart C, Organic production and handling requirements, §§205.200 - 205.299.</content><note type="source"><p>Source Note: The provisions of this §18.200 adopted to be effective September 1, 2011, 36 TexReg 5355.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c18/scD"><num value="D">SUBCHAPTER D</num><heading>LABELS, LABELING, AND MARKET INFORMATION</heading><section identifier="/us/state/tx/tac/t4/p1/c18/scD/s18.300"><num value="18.300">§18.300</num><heading>Transitional Certification Requirements</heading><content>(a) Land that meets the requirements of 7 Code of Federal Regulations Part 205, §205.202(a) and (c) may be certified as transitional.(b) Crops planted and harvested from transitional land after the last application of a prohibited substance or excluded method (as established in 7 CFR Part 205, §205.105) may be labeled as Certified Transitional.(c) Crops harvested from land that has been certified transitional by the department may be sold, labeled, or otherwise represented as being "Certified transitional by the Texas Department of Agriculture". The operation shall not use, nor make any reference to, the word "organic" on the certified transitional product.</content><note type="source"><p>Source Note: The provisions of this §18.300 adopted to be effective December 7, 2017, 42 TexReg 6789.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c18/scE"><num value="E">SUBCHAPTER E</num><heading>CERTIFICATION</heading><section identifier="/us/state/tx/tac/t4/p1/c18/scE/s18.400"><num value="18.400">§18.400</num><heading>Transfer of Certification</heading><content>Any certification issued under this chapter is not transferable.</content><note type="source"><p>Source Note: The provisions of this §18.400 adopted to be effective December 7, 2017, 42 TexReg 6789.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c18/scF"><num value="F">SUBCHAPTER F</num><heading>ADMINISTRATIVE</heading><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.600"><num value="18.600">§18.600</num><heading>Adoption of National List</heading><content>The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart G, Administrative, The National List of Allowed and Prohibited Substances, §§205.601 - 205.606.</content><note type="source"><p>Source Note: The provisions of this §18.600 adopted to be effective December 14, 2003, 28 TexReg 10915; amended to be effective December 27, 2007, 32 TexReg 9595.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.660"><num value="18.660">§18.660</num><heading>General</heading><content>Each notification of noncompliance, noncompliance resolution, proposed suspension or revocation, and suspension or revocation issued pursuant to §18.662 of this title (relating to Noncompliance Procedure for Certified Operations), and each response to such notification must be sent to the recipient's place of business via a delivery service which provides dated return receipts.</content><note type="source"><p>Source Note: The provisions of this §18.660 adopted to be effective December 14, 2003, 28 TexReg 10915.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.661"><num value="18.661">§18.661</num><heading>Adoption by Reference</heading><content>The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart G, Administrative, §205.661.</content><note type="source"><p>Source Note: The provisions of this §18.661 adopted to be effective September 1, 2011, 36 TexReg 5355.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.662"><num value="18.662">§18.662</num><heading>Noncompliance Procedure for Transitional Operations</heading><content>(a) Notification. When an inspection, review, or investigation of a certified transitional operation or an operation in transitional application status reveals any noncompliance with regulations in this chapter, a written notification of noncompliance shall be sent to the operation. Such notification shall provide:(1) a description of each noncompliance;(2) the facts upon which the notification of noncompliance is based; and(3) the date by which the certified operation must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.(b) Resolution. When an operation demonstrates that each noncompliance has been resolved, the department shall send the operation a written notification of noncompliance resolution.(c) Denial of application for transitional certification. When rebuttal is unsuccessful or correction of the noncompliance is not completed within the prescribed time period, the department shall send the applicant a written notification of denial of transitional certification of the entire operation or a portion of the operation, as applicable to the noncompliance.(d) Suspension. If a certified transitional operation fails to correct the noncompliance or to resolve the issue through rebuttal, the department shall send the operation a written notification of suspension.(e) Eligibility. A certified operation or a person responsibly connected with an operation whose transitional certification was previously suspended will be eligible to apply for transitional certification at any time but must provide documentation as evidence that all areas of noncompliance with 7 CFR Part 205 and the rules in this part have been resolved.(f) Violations of this Chapter. Any operation that:(1) knowingly sells or labels a product as being certified organic or certified transitional by the department, except in accordance with this chapter, shall be subject to a civil penalty not more than the amount specified in §18.009 of the Texas Agriculture Code.(2) makes a false statement under this chapter to a certifying agent shall be subject to the provisions of the Texas Agriculture Code, §18.008.</content><note type="source"><p>Source Note: The provisions of this §18.662 adopted to be effective December 7, 2017, 42 TexReg 6789.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.670"><num value="18.670">§18.670</num><heading>Adoption by Reference</heading><content>The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart G, Administrative, §§205.670-205.672.</content><note type="source"><p>Source Note: The provisions of this §18.670 adopted to be effective September 1, 2011, 36 TexReg 5355; amended to be effective December 7, 2017, 42 TexReg 6789.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.671"><num value="18.671">§18.671</num><heading>Unannounced Inspections</heading><content>All currently certified operations and all operations in application status for certification are subject to unannounced inspections. TDA will conduct unannounced inspections pursuant to 7 CFR Part 205, §205.403 and §205.670.(1) Operations will not incur a fee when selected by TDA for an unannounced inspection. However, if an operation expressly requests an unannounced inspection in addition to their annual routine inspection, a re-inspection fee will be incurred by the operation and the only stipulation that can be made by the certified operation is selection of a 20 day time period in which the inspection will occur.(2) An unannounced inspection will not include prior notification of the inspector's arrival. However, certain conditions, including but not limited to distance of travel by the TDA inspector, frequency of personnel at operation, and biosecurity issues, which may make it impossible to conduct an unannounced inspection of the operation without prior notification. In such cases, a TDA employee may contact the operation up to 4 hours prior to arriving onsite to ensure that appropriate representatives are present.(3) The TDA inspector shall disclose to the operation the reason that the operation was chosen for the unannounced inspection prior to the start of the inspection.(4) Criteria for conducting a risk-based unannounced inspection may include, but is not limited to:(A) Random selection by the TDA;(B) Previously identified and/or outstanding noncompliance issues;(C) Investigations and/or responding to complaints;(D) Organic and non-organic production or handling, which includes visually indistinguishable varieties or processed products;(E) Risk of an organic product coming into contact with a prohibited substance applied to adjoining land use;(F) Risk of an organic product or ingredient coming into contact with a prohibited substance or commingling with a nonorganic product during handling; and(G) Complexity of operation.(5) Unannounced inspections may fulfill the requirements for annual on-site monitoring inspections of certified organic operations, required by 7 CFR Part 205, §205.403, only if the inspector is able to conduct a full inspection of the operation as required by that section.(6) Unannounced inspections may be limited in scope, depth, and breadth, and may cover only certain aspects of the operation, such as fields/units/parcels, facilities, products, handling activities, etc.(7) Inspectors may conduct sampling pursuant to §18.670 of this chapter and 7 CFR Part 205, §205.670 during an unannounced inspection. Operations will not incur a fee for any samples collected by a TDA Organic Inspector unless the collection of one or more samples is expressly requested by the operation.</content><note type="source"><p>Source Note: The provisions of this §18.671 adopted to be effective December 7, 2017, 42 TexReg 6789.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.680"><num value="18.680">§18.680</num><heading>General</heading><content>(a) Persons who believe that they are adversely affected by a noncompliance decision of the department may appeal such decision to the Administrator, pursuant to 7 Code of Federal Regulations, §205.681.(b) All written communications between parties involved in appeal proceedings must be sent to the recipient's place of business by a delivery service which provides dated return receipts.</content><note type="source"><p>Source Note: The provisions of this §18.680 adopted to be effective December 14, 2003, 28 TexReg 10915.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.681"><num value="18.681">§18.681</num><heading>Appeals</heading><content>An applicant for certification may appeal the department's notice of denial of certification, and a certified operation may appeal the department's notification of proposed suspension or revocation of certification to the Administrator, pursuant to 7 Code of Federal Regulations, §205.681.</content><note type="source"><p>Source Note: The provisions of this §18.681 adopted to be effective December 14, 2003, 28 TexReg 10915.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.700"><num value="18.700">§18.700</num><heading>Complaints</heading><content>(a) Any person with cause to believe that any provision of this chapter or the National Organic Program Regulations has been violated may file a complaint in writing, or by phone, facsimile, or e-mail with the department setting forth the facts of the alleged violation.(b) The department may investigate complaints related to businesses certified by the department.(c) Complaints alleging a noncompliance with 7 Code of Federal Regulations, Part 205 made by businesses not certified by TDA may be submitted by the department to the United States Department of Agriculture National Organic Program Compliance Division for investigation or enforcement action.</content><note type="source"><p>Source Note: The provisions of this §18.700 adopted to be effective December 14, 2003, 28 TexReg 10915; amended to be effective September 1, 2011, 36 TexReg 5355; amended to be effective May 31, 2012, 37 TexReg 3795.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.702"><num value="18.702">§18.702</num><heading>Fee Schedule</heading><content>(a) The categories of fees that may be incurred by an operation applying for initial certification or annual update of certification are as follows: new application fee, certification fees, administrative fees, and additional service fees:(1) New Application Fee: $400. An application fee is incurred at the time of submission for each new application for organic certification, and is in addition to any certification fees.(2) Certification Fees: These fees are incurred at the time of initial application and annual update of certification and shall be paid in conjunction with submission of a new application or an annual update of an existing certification. Certification fees are cumulative.(A) Producer Scopes. Fees for an operation or a portion of an operation that produces organic crops and livestock as defined in 7 Code of Federal Regulations (CFR), Part 205.(i) Fees for crop producer scope:(I) Crop production operations that have 50 acres or less under organic management have an established baseline of up to 25 production inputs and a fee of $1,000. Any additional inputs above this baseline will incur an additional fee as established in this subsection.(II) Crop production operations that have more than 50 acres under organic management have an established baseline of up to 5 production inputs and a fee of $1,500. Any additional inputs above this baseline will incur an additional fee as established in this subsection.(ii) Fee for the review of each additional production input above the baseline that is established in this subsection: $100 per production input.(iii) The total certification fee for a crop production operation that is less than 5,000 acres shall not exceed $4,200.(iv) An operation with more than 5,000 acres of land under organic management incurs an additional fee of $600.(v) Fee to add the livestock producer scope to organic producer certification: $1,000. Operations that incur this fee shall increase their baseline by 25 production inputs. Any additional inputs above this baseline will incur an additional fee as established in this subsection.(B) Handler Scope. Fee for each location of an operation or portion of an operation that handles organic product and is required to obtain certification per 7 CFR Part 205 or desires to obtain organic certification for the purpose of brokering and/or trading of certified organic product.(i) Fee for handler scope: $1,500. Fee includes certification for handling of bulk raw agricultural commodities; single ingredient finished products (e.g. cotton, coffee, rice); livestock feed that is consumed onsite of the operation; and review of organic labeling claims made in compliance with 7 CFR Part 205, §§205.307 - 205.309.(ii) Fee for certification of multi-ingredient processed products for operations that have 25 or less multi-ingredient processed products: $250 per product.(iii) Fee for certification of multi-ingredient processed product for operations that have 26 or more multi-ingredient processed products: $6,250 for the certification of the first 25 products and $100 for the certification of each additional product.(iv) Fee for reviewing each new organic product label or label template or change to a previously approved product label or label template for compliance with 7 CFR Part 205, §§205.303 - 205.306. (To be classified as a label template, organic claims made on main label and any information content, use of the department's organic logo, use of the United States Department of Agriculture organic seal, and certified by statement must remain the same (i.e. size, color(s), and location on the label)): $200.(C) A change fee is incurred when an operation submits documentation to make one or more changes to an organic system plan after the initial review of the organic system plan documentation has been conducted: $300.(i) If an operation submits documentation to make one or more changes to an organic system plan after the initial review has been conducted and includes changes to add one or more producer inputs or changes to previously submitted multi-ingredient processed products or product labels, such changes are cumulative and charged at the applicable fee rate provided in paragraph (1) of this subsection.(ii) A change fee is not incurred when the only change to the organic system plan is the addition of one or more producer inputs, addition of new or changes to previously submitted multi-ingredient processed products or product labels. Such changes are charged at the applicable fee rate provided in paragraph (1) of this subsection.(3) Administrative fees. The following fees are incurred by an operation that is not compliant with 7 CFR Part 205 and are cumulative.(A) Corrective action fee: incurred for each area of noncompliance identified in a notice of noncompliance that is issued to an operation due to adverse findings from an inspection, review, or investigation of an operation that is seeking certification from or is currently certified by the department: $200 per area of noncompliance.(B) Re-inspection fee: incurred when a re-inspection must be conducted to verify that an operation has come into compliance with one or more previously identified areas of noncompliance: $400 per re-inspection.(C) Late Fees: incurred when an operation fails to submit an annual update fee payment on or before the due date of the certification annual update shall pay, in addition to the annual update fee, a late fee of:(i) 50 percent of the certification fee if received by the department from at least one but less than 91 days after the due date;(ii) 100 percent of the certification fee if received by the department 91 days after the due date.(4) Additional Service fees. The following fees are incurred at the time the service is requested and are cumulative. The purpose of the following service fees is to facilitate trade and satisfy document requirements by another certifying agent, organic operation, transitional operation, or a foreign government.(A) Organic pesticide residue tissue sample collection requested by client during scheduled inspection: $250 per sample.(B) Organic pesticide residue tissue sample collection requested by client when inspection is not scheduled: $200 fee for the facility visit, plus $250 per sample.(C) Review of an operation's organic system plan for compliance with a trade agreement between the United States Department of Agriculture National Organic Program and a foreign trade partner: $75.(D) Trade documents: $50 per document requested.(E) Transaction certificate: $100 per certificate.(b) The department may require additional fees or refund fees submitted by producers and handlers for underpayment or overpayment of prescribed annual fees or for a portion of a certification period.(c) Prorated fees may be charged for extension of an annual certification period that is prescribed by the department.(d) Scheduled date of annual update.(1) The due date for annual certification update shall be the anniversary of initial certification or the anniversary date of the previous date for annual certification update.(2) A certified operation may submit a written request to revise its due date for annual certification; provided that:(A) The operation has not already submitted a written request to revise its existing due date for annual certification during the current certification year;(B) The requested due date must not be more than five calendar months past the existing due date of certification;(C) The requested due date is on the last date of the month; and(D) Normal organic operations are available for inspection for a period of six calendar months following the requested due date.(3) The written request must be received by the department prior to 30 days before the requested due date if the requested due date for annual certification will occur prior to the existing due date. The operation's annual update documents and fee payment will be due on the revised due date for annual certification update.(4) The written request must be received by the department prior to 30 days before the existing due date if the requested due date for annual certification will occur after the existing due date and be accompanied by payment of all applicable fees.(5) If the department finds that the due date for annual update of certification occurs during or immediately preceding a period of 3 months or more where no harvestable crop will be in production or when no organic product will be handled, the department may assign, at its discretion, a due date for annual certification renewal from one of the following dates:(A) January 31 of each year.(B) March 31 of each year.(C) May 31 of each year.(D) June 31 of each year.(E) July 31 of each year.(F) October 31 of each year.(e) Refunds. A portion of the certification fee may be refunded if the application is withdrawn or certification is surrendered prior to a certification decision. Refunds will be prorated based on the steps of the certification process that have been completed. Requests for refund of fees must be submitted in writing and submitted in conjunction with the request to withdraw an application or surrender an operation's certification.(1) If withdrawn or surrendered prior to initial review, all of the certification fee may be refunded.(2) If withdrawn or surrendered after initial review but prior to inspection, 40 percent of the certification fee may be refunded.(3) Once an inspection has been conducted, the certification fee shall not be refunded.(4) Administrative fees are nonrefundable.(5) New application fees are nonrefundable.(6) Change fees are only refundable prior to the review of the documentation being performed by the department.(7) Additional service fees are only refundable prior to the service being performed by the department.</content><note type="source"><p>Source Note: The provisions of this §18.702 adopted to be effective January 1, 2015, 39 TexReg 9517; amended to be effective December 7, 2017, 42 TexReg 6789.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c18/scF/s18.703"><num value="18.703">§18.703</num><heading>Organic Logo</heading><content>(a) The department shall have a registered logo as an organic certification mark. The logo shall include the phrase "Texas Department of Agriculture Certified Organically Produced" and shall take the following form: Attached Graphic(b) Use of logo. (1) All use and placement of the logo shall be in compliance with Subchapter D, of this chapter and this section. (2) The Texas Department of Agriculture Certified Organically Produced logo and the phrase "Texas Department of Agriculture Certified Organically Produced" shall be applied or used to refer only to food or fiber produced on land or in handling operations that the department has certified under this chapter. (3) Persons who process, distribute or retail Texas Department of Agriculture certified food or fiber shall not label such certified food or fiber with the department's "Certified Organically Produced" logo without authorization by the department.</content><note type="source"><p>Source Note: The provisions of this §18.703 adopted to be effective December 14, 2003, 28 TexReg 10915.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c19"><num value="19">CHAPTER 19</num><heading>QUARANTINES AND NOXIOUS AND INVASIVE PLANTS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL QUARANTINE PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.1"><num value="19.1">§19.1</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code and the Texas Administrative Code, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Animal and Plant Health Inspection Service or APHIS--The Animal and Plant Health Inspection Service of the USDA.(2) Article--Any material or tangible object that could harbor plant pests or noxious weeds.(3) Compliance Agreement--A written signed agreement in which a person engaged in propagating, producing, growing, distributing, or selling or moving quarantined articles agrees to comply with conditions specified in the agreement.(4) Core area--Within a given quarantined area, a de-fined area surrounding a location where one or more quarantined pests have been detected.(5) Day degree--A unit of measurement equal to the amount of heat required to further the development of an insect or other arthropod through its life cycle. Day-degree life cycle requirements are calculated through a modeling process that is specific to each species.(6) Distribute--Offer for sale or lease, hold for sale or lease, sell, lease, barter, offer to buy, buy, offer to supply, or supply.(7) Free Area--An area not quarantined for a pest or disease.(8) Fruit fly or fruit flies--The Mexican fruit fly, Caribbean fruit fly, sapote fruit fly, or West Indian fruit fly, or any other species in family Tephritidae.(9) Host--Any plant or plant product designated in the quarantine upon or in which the quarantined pest completes its life cycle or is dependent for completion of any portion of its life cycle.(10) Infested--Officially determined to be contaminated by a pest using methods prescribed by the department.(11) Mexican fruit fly or Mexfly--The insect, Anastrepha ludens (Loew), in any stage of development.(12) Move--To ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved.(13) Permit--In addition to its ordinary meaning, a permit shall include any authorized state or federal quarantine compliance stamp, limited permit, or trip ticket.(14) Person--Any individual, partnership, corporation, association, joint venture, or other legal entity.(15) Pest--All living stages of the insect, disease, or other pest organism of plants or plant products against which the quarantine is directed.(16) Phytosanitary certificate--A document issued by the department regarding the pest condition of plants, parts of plants or plant products required for movement within this state or by other states or foreign countries for such products exported from this state.(17) Phytosanitary growing season inspection certificate--A document issued by the department regarding the pest condition of field grown crops.(18) Plant Protection and Quarantine or PPQ--The organizational unit within APHIS that has been delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.(19) Quarantined area--A described area declared by the department to be subject to requirements and restrictions of a given quarantine.(20) Quarantined article--Any article of any character as described in the quarantine carrying or capable of carrying the quarantined pest.(21) Quarantined pest--The plant pest against which a given quarantine is directed.(22) Regulated article--Any article so specified in a given quarantine and therefore subject to quarantine requirements and restrictions.(23) Sapote fruit fly--The insect, Anastrepha serpentina, in any stage of development. (24) USDA--The United States Department of Agriculture.(25) West Indian fruit fly--The insect, Anastrepha obliqua (Macquart), in any stage of development.</content><note type="source"><p>Source Note: The provisions of this §19.1 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective January 20, 2015, 40 TexReg 326; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.2"><num value="19.2">§19.2</num><heading>Inspection Certificates</heading><content>(a) The department may perform a quarantine inspection for quarantined articles, including any plants, vegetables, other agricultural products, or equipment that is a host or carrier of a pest or disease.(b) An inspection certificate may be issued if the quarantined articles:(1) have been treated to eliminate infestations; and(2) have been inspected and are free of insect pests and diseases;(3) will not result in the spread of the quarantined pest.(c) The inspection certificate is valid for a period of 14 days from the date it was issued.(d) Subject to the provisions of this chapter, all nursery or floral shipments of plant material originating outside of the state must be accompanied by a phytosanitary certificate of inspection from the origin state's department of agriculture stating that the plants are free of insect pests and plant diseases, or any other phytosanitary document applicable to the commodity. Certification requirements for agricultural commodities and other quarantined articles are provided in specific Texas quarantines.(e) The department hereby adopts the standards included in the U.S. Domestic Japanese Beetle Harmonization Plan (Plan). Nursery products and/or floral items shipped from other states into Texas must adhere to the requirements listed in the Plan. The Plan provides specific additional declaration to be entered on phytosanitary certificates accompanying the shipments. The declaration mentions the procedure used in reducing the risk of Japanese beetle introduction. A shipment without appropriate additional declaration on the accompanying phytosanitary certificate shall be subject to seizure or stop-sale order and may require treatment, destruction, or, if feasible, returning to point of origin. A copy of the harmonization plan may be obtained from the Plant Quality Program, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.(f) A phytosanitary certificate or a permit may be issued by an inspector for intrastate and interstate shipments of conifer and hardwood seedlings to verify that they are free of pests and diseases, including cogongrass, Imperata cylindrica; tropical soda apple, Solanum viarum; and sudden oak death, Phytopthora ramorum. To ensure pest and disease-free plant material, the preferred method of treatment is fumigation using methyl bromide in seedling plant beds prior to seeding.</content><note type="source"><p>Source Note: The provisions of this §19.2 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective February 25, 1999, 24 TexReg 1154; amended to be effective September 25, 2006, 31 TexReg 8090; amended to be effective June 22, 2008, 33 TexReg 4667; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.3"><num value="19.3">§19.3</num><heading>Inspection and Testing Fees</heading><content>(a) The department shall collect an inspection fee of $30 for the issuance of a state phytosanitary or a growing season inspection certificate. The department shall collect the same amount of certification and administrative fees as established by USDA to issue the federal phytosanitary certificates. Information on the phytosanitary certification fees can be obtained by contacting the Plant Quality Program, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711 or a local USDA Animal and Plant Health Inspection Service office. Fields designated for genetic identity by the department are exempt from the fee. In addition, the department shall collect $30 per sample for nematode laboratory analysis.(b) The department shall collect the following inspection fee for each acre of greenhouse grown or field grown vegetable plants for the issuance of a vegetable certificate:(1) for the first five acres inspected in a field, $5.00 for each acre; and(2) $1.00 for each additional acre inspected.</content><note type="source"><p>Source Note: The provisions of this §19.3 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective September 22, 1997, 22 TexReg 9242; amended to be effective September 1, 2003, 28 TexReg 6813; amended to be effective November 13, 2006, 31 TexReg 9285; amended to be effective November 16, 2009, 34 TexReg 8028; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.4"><num value="19.4">§19.4</num><heading>Phytosanitary Certificate Tag or Stamp Fee</heading><content>In addition to an inspection fee, the department shall collect a fee of one cent per certificate tag or stamp issued for the certification of sweet potatoes.</content><note type="source"><p>Source Note: The provisions of this §19.4 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.5"><num value="19.5">§19.5</num><heading>Phytosanitary Growing Season Inspection</heading><content>(a) The department may perform a growing season inspection and issue a phytosanitary growing season inspection certificate, upon request.(b) An application for a growing season inspection accompanied by a field location map shall be submitted to the department no later than 40 days after planting. The application can be obtained from the Plant Quality Program, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Failure to submit the application prior to the deadline may result in denial of the application.</content><note type="source"><p>Source Note: The provisions of this §19.5 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.6"><num value="19.6">§19.6</num><heading>Markings and Labeling</heading><content>Each shipment of plants and plant products moved within the state shall have legibly marked upon it in a conspicuous manner and place all of the following:(1) the name and address of the shipper;(2) the name of the person to whom the shipment is forwarded or shipped or the name of his agent;(3) the name of the country, state, or territory where the contents were grown; and(4) a statement of its contents.</content><note type="source"><p>Source Note: The provisions of this §19.6 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scA/s19.7"><num value="19.7">§19.7</num><heading>Violations and Penalties</heading><content>(a) In addition to the penalties set out in Texas Agricultural Code, the following violations are subject to civil and criminal penalties:(1) using an invalid certificate; and(2) falsifying an application.(b) The department may revoke a certificate for a violation of these rules in addition to any other remedy available to the department.(c) Failure failing to perform according to the terms of a compliance agreement is a violation of this subchapter and may result in the recission of the compliance agreement and the assessment of administrative penalties by the department.</content><note type="source"><p>Source Note: The provisions of this §19.7 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective March 13, 1997, 22 TexReg 2423.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scB"><num value="B">SUBCHAPTER B</num><heading>BURROWING NEMATODE QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scB/s19.20"><num value="19.20">§19.20</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Burrowing Nematode, Radopholus similis.</content><note type="source"><p>Source Note: The provisions of this §19.20 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scB/s19.21"><num value="19.21">§19.21</num><heading>Quarantined Areas</heading><content>The quarantined areas are the states of Florida, Hawaii, and the Commonwealth of Puerto Rico.</content><note type="source"><p>Source Note: The provisions of this §19.21 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective December 17, 1996, 21 TexReg 11783.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scB/s19.22"><num value="19.22">§19.22</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) All plants and plant parts with roots, all parts of plants produced below the ground or soil level, and all soil and potting media are quarantined.</content><note type="source"><p>Source Note: The provisions of this §19.22 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scB/s19.23"><num value="19.23">§19.23</num><heading>Restrictions</heading><content>(a) General. Plants, plant parts for propagation, and growing media originating from quarantined areas are prohibited entry into or through Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions. Plants produced from seed, planted and grown in sterile media or other suitable material determined by laboratory assay to be free of plant parasitic nematodes and protected from nematode infestation until shipped, are exempt from the provisions of this subchapter.(c) Exceptions. Shipments from quarantined areas may enter Texas if each package or bundle is accompanied by a phytosanitary certificate issued by an authorized representative of the state or commonwealth of origin that:(1) specifies the state or commonwealth of origin; and(2) certifies that the quarantine plants, propagative plant parts, and growing media have been sampled and determined by laboratory assay to be free of burrowing nematodes not more than two months prior to shipment and protected from nematode infestation until shipped. A laboratory analysis report should accompany the shipment. Comingling of plant material from any other origin or source is prohibited unless the plant roots and growing media have been sampled and determined by laboratory assay to be free of burrowing nematodes.</content><note type="source"><p>Source Note: The provisions of this §19.23 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scC"><num value="C">SUBCHAPTER C</num><heading>CAMELLIA FLOWER BLIGHT QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scC/s19.30"><num value="19.30">§19.30</num><heading>Quarantined Pest</heading><content>The quarantined pest is the disease Camellia Flower Blight, Sclerotinia camellia.</content><note type="source"><p>Source Note: The provisions of this §19.30 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scC/s19.31"><num value="19.31">§19.31</num><heading>Quarantined Areas</heading><content>The quarantined areas are all areas outside the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §19.31 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scC/s19.32"><num value="19.32">§19.32</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) Camellia plants that are potted, or balled with soil on roots; Camellia flower buds showing color; open Camellia flowers; or cut Camellia flowers are quarantined.</content><note type="source"><p>Source Note: The provisions of this §19.32 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scC/s19.33"><num value="19.33">§19.33</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into Texas, except as provided in subsection (b) of this section.(b) Exceptions. Camellia plants with buds showing no trace of color may enter the state of Texas provided a certificate issued by an authorized inspector of the state of origin accompanies each shipment stating that no color is showing in the buds of the plant.</content><note type="source"><p>Source Note: The provisions of this §19.33 adopted to be effective September 2, 1996, 21 TexReg 7802.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scD"><num value="D">SUBCHAPTER D</num><heading>CARIBBEAN FRUIT FLY QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scD/s19.40"><num value="19.40">§19.40</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Caribbean Fruit Fly Anastrepha suspensa (Loew) in any living stage of development.</content><note type="source"><p>Source Note: The provisions of this §19.40 adopted to be effective September 2, 1996, 21 TexReg 7803.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scD/s19.41"><num value="19.41">§19.41</num><heading>Quarantined Areas</heading><content>The quarantined areas are the Commonwealth of Puerto Rico, the State of Florida, and any other area infested with Caribbean fruit fly.</content><note type="source"><p>Source Note: The provisions of this §19.41 adopted to be effective September 2, 1996, 21 TexReg 7803.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scD/s19.42"><num value="19.42">§19.42</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article. (b) The fruit or berries of all of the following plants originating from the quarantined area are quarantined:Attached Graphic(c) Plants listed in subsection (b) of this section, when originating from the quarantined areas, are considered quarantined articles when transported in soil or growing media.</content><note type="source"><p>Source Note: The provisions of this §19.42 adopted to be effective September 2, 1996, 21 TexReg 7803.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scD/s19.43"><num value="19.43">§19.43</num><heading>Restrictions</heading><content>(a) General. Quarantined articles are prohibited entry into Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions.(1) Lime fruit which shows no yellow coloring is exempt from these rules.(2) Commercial fruit of avocado, bell pepper, lychee, and tomato is exempt from these rules. Commercial fruit means that fruit which has been commercially produced, cleaned, sorted and packed, and as a result free of splits or cracks, among other things, and thus without risk of harboring Caribbean fruit fly.(c) Exceptions.(1) Quarantined articles are admissible into Texas from the area under quarantine provided each lot or shipment is accompanied by a certificate issued by an authorized representative of the origin state's or commonwealth's department of agriculture or the United States Department of Agriculture affirming that the lot or shipment was treated for the Caribbean Fruit Fly under their supervision in a manner approved by the department and was not exposed to reinfestation prior to shipment.(2) Quarantined articles are admissible into Texas from Florida provided each lot is accompanied by a certificate issued by the Florida Department of Agriculture and Consumer Services stating that the shipment meets the conditions established in the protocol for the exportation of fresh fruits to Japan.(3) Special permits. If the department determines that there is little or no danger of infestation by the movement of a quarantined article, a special permit may be issued.</content><note type="source"><p>Source Note: The provisions of this §19.43 adopted to be effective September 2, 1996, 21 TexReg 7803; amended to be effective June 10, 1998, 23 TexReg 5961.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scE"><num value="E">SUBCHAPTER E</num><heading>LETHAL BRONZING OF PALMS QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scE/s19.50"><num value="19.50">§19.50</num><heading>Quarantined Pest</heading><content>The quarantined pest is the disease, Palm Lethal Bronzing or Lethal Decline caused by phytoplasma 16SrIV-D.</content><note type="source"><p>Source Note: The provisions of this §19.50 adopted to be effective September 2, 1996, 21 TexReg 7803; amended to be effective April 26, 2015, 40 TexReg 2191; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scE/s19.51"><num value="19.51">§19.51</num><heading>Geographical Areas Subject to the Quarantine</heading><content>(a) Quarantined areas. State of Florida and parishes of East Baton Rouge, Iberia, Jefferson, Orleans and West Baton Rouge of Louisiana. Areas of Texas described as quarantined areas on the department's Lethal Bronzing of Palms Quarantine web page (http://www.TexasAgriculture.gov) are declared to be quarantined areas.(1) Quarantined areas in Texas shall be drawn so as to include an area approximately two miles in all directions around each latitude-longitude location where an infected tree has been found.(2) Quarantined areas outside of Texas shall include the area that the department believes on the basis of evidence to be infested.(b) Core areas. Those areas described as core areas on the department's Lethal Bronzing of Palms Quarantine web page (http://www.TexasAgriculture.gov) are declared to be core areas. Core areas shall be drawn so as to include an area approximately one mile around each latitude-longitude location where an infected tree has been found.(c) Designation or modification of a quarantined area or a core area is effective upon the posting of the notification of the quarantined area or core area on the department's Lethal Bronzing of Palms Quarantine web page (http://www.TexasAgriculture.gov).</content><note type="source"><p>Source Note: The provisions of this §19.51 adopted to be effective April 26, 2015, 40 TexReg 2191; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scE/s19.52"><num value="19.52">§19.52</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article, including any species determined to be a vector of the disease.(b) All parts of the following figure are quarantined.Attached Graphic(c) Designation or modification of a quarantined area or a core area is effective upon the posting of the notification of the quarantined area or core area on the department's Date Palm Lethal Decline Quarantine web page (http://www.TexasAgriculture.gov).</content><note type="source"><p>Source Note: The provisions of this §19.52 adopted to be effective September 2, 1996, 21 TexReg 7803; amended to be effective July 26, 2009, 34 TexReg 4733; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scE/s19.53"><num value="19.53">§19.53</num><heading>Restrictions</heading><content>(a) General. Movement of quarantined articles from the quarantined areas of Texas are prohibited, except as provided in subsections (b) and (c) of this section.(b) Exemptions.(1) Palm seed are exempt from the provisions of this subchapter.(2) Quarantined articles from quarantined areas of Texas are exempt from the requirements of treatment and a phytosanitary certificate after a six-month absence of an infected tree or when located more than 2 miles from an infected tree.(c) Exceptions.(1) When an infected tree has been detected, shipments of quarantined palms from quarantined areas of Texas specified in subparagraphs (A) or (B) of this paragraph may be allowed to move under the following conditions.(A) Quarantined palms located within one mile of a known infected tree may:(i) not move for a period of six months following removal of an infected tree; and(ii) have been treated, as approved by the department, for a minimum period of three months during the six-month period following the removal of an infected tree; and(iii) be allowed to move after six months if no other infected trees are found within a mile radius.(B) Quarantined palms located more than one mile and less than two miles from known infected trees must:(i) be inspected within 24 hours prior to shipment with no symptoms of lethal decline apparent; and(ii) have been treated, as approved by the department, for a period of three months prior to shipment; and(iii) must be treated within 48 hours prior to movement; and(iv) be allowed to move when accompanied by a phytosanitary certificate over a three-month period since completion of the treatment.(C) A phytosanitary certificate is not required for shipments made beyond six months since detection of an infected tree.(2) Tools used in pruning and handling of host plants may be allowed movement from the quarantined area if disinfected with one part liquid household bleach (sodium hypochlorite) to four parts water or some other suitable disinfectant.(3) Shipments of quarantined palms from Florida may be allowed movement into Texas when accompanied by a phytosanitary certificate issued by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, under the following conditions.(A) Quarantined palms located within two miles of known infected trees are prohibited.(B) Quarantined palms located more than two miles from known infected trees:(i) must be inspected within 24 hours prior to shipment with no symptoms of date palm lethal decline apparent;(ii) must be under a prescribed pest management program for six weeks prior to shipment and receive a final treatment within 48 hours prior to movement; and(iii) tools used in pruning and handling of host plants must be disinfected with one part liquid household bleach (sodium hypochlorite) to four parts water or some other suitable disinfectant.</content><note type="source"><p>Source Note: The provisions of this §19.53 adopted to be effective September 2, 1996, 21 TexReg 7803; amended to be effective July 26, 2009, 34 TexReg 4733.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scF"><num value="F">SUBCHAPTER F</num><heading>LETHAL YELLOWING QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scF/s19.60"><num value="19.60">§19.60</num><heading>Quarantined Pest</heading><content>The quarantined pest is the disease, Lethal Yellowing caused by Candidatus phytoplasma palmae or phytoplasma 16SrIV-A.</content><note type="source"><p>Source Note: The provisions of this §19.60 adopted to be effective September 2, 1996, 21 TexReg 7804; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scF/s19.61"><num value="19.61">§19.61</num><heading>Quarantined Areas</heading><content>The quarantined areas are the entire state of Florida, the Commonwealth of Puerto Rico, the Territory of Guam, East Baton Rouge, Iberia, Jefferson, Orleans and West Baton Rouge parishes of Louisiana.</content><note type="source"><p>Source Note: The provisions of this §19.61 adopted to be effective September 2, 1996, 21 TexReg 7804; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scF/s19.62"><num value="19.62">§19.62</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article, including leafhopper vector Haplaxius (Myndus) crudus, and sod species infested with Haplaxius crudus or any other species determined to be a vector of the disease.(b) The following articles are quarantined:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §19.62 adopted to be effective September 2, 1996, 21 TexReg 7804; amended to be effective July 9, 2000, 25 TexReg 6315; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scF/s19.63"><num value="19.63">§19.63</num><heading>Restrictions</heading><content>(a) General. Quarantined articles are prohibited entry into Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions. Palm seed are exempt from the provisions of this subchapter.(c) Exceptions. The department may allow shipments of quarantined articles under special permit as new methods of treatment are approved.</content><note type="source"><p>Source Note: The provisions of this §19.63 adopted to be effective September 2, 1996, 21 TexReg 7804.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scG"><num value="G">SUBCHAPTER G</num><heading>EUROPEAN BROWN GARDEN SNAIL QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scG/s19.70"><num value="19.70">§19.70</num><heading>Quarantined Pest</heading><content>The quarantined pest is the European Brown Garden Snail, Helix aspersa (Muller).</content><note type="source"><p>Source Note: The provisions of this §19.70 adopted to be effective September 2, 1996, 21 TexReg 7804.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scG/s19.71"><num value="19.71">§19.71</num><heading>Quarantined Areas</heading><content>The quarantined areas are Arizona and California.</content><note type="source"><p>Source Note: The provisions of this §19.71 adopted to be effective September 2, 1996, 21 TexReg 7804.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scG/s19.72"><num value="19.72">§19.72</num><heading>Quarantined Articles</heading><content>The quarantined articles are horticultural and nursery stock with roots in soil and growing media.</content><note type="source"><p>Source Note: The provisions of this §19.72 adopted to be effective September 2, 1996, 21 TexReg 7804.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scG/s19.73"><num value="19.73">§19.73</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions. Cut greens, cut flowers, and soil free plants, including bare root plants, plant crowns, roots for propagation, bulbs, corms, tubers, and rhizomes of plants washed free of adherent soil are exempted from the provisions of this subchapter.(c) Exceptions. Quarantined articles may enter Texas if:(1) accompanied by a certificate, issued by and bearing the signature of an authorized representative of the origin state's department of agriculture, certifying that such quarantined articles were inspected and found to be apparently free of European Brown Garden Snail;(2) accompanied by a certificate authorized by a compliance agreement which:(A) is on file with the department;(B) is issued by and under the signature of an authorized representative of the origin state's department of agriculture;(C) certifies that such shipper is currently certified to have a nursery, or growing area within a nursery, apparently free of infestation of the European Brown Garden Snail; and(D) requires inspection by an authorized representative of the origin state's department of agriculture on at least a semiannual basis;(3) accompanied by a certificate, issued by and under the signature of an authorized representative of the origin state's department of agriculture, certifying that such quarantined articles were treated with an approved molluscicide at the recommended rate; or(4) accompanied by a certificate, issued by and under the signature of an authorized representative of the origin state's department of agriculture, certifying that the pest is not known to occur in the nursery or growing area from which the shipment originated.</content><note type="source"><p>Source Note: The provisions of this §19.73 adopted to be effective September 2, 1996, 21 TexReg 7804; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scH"><num value="H">SUBCHAPTER H</num><heading>GYPSY MOTH QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scH/s19.80"><num value="19.80">§19.80</num><heading>Quarantined Pest</heading><content>The quarantined pest is the gypsy moth, Lymantria dispar (Linnaeus).</content><note type="source"><p>Source Note: The provisions of this §19.80 adopted to be effective September 2, 1996, 21 TexReg 7804.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scH/s19.81"><num value="19.81">§19.81</num><heading>Adoption of Federal Quarantine</heading><content>The department hereby adopts by reference the federal gypsy month quarantine found at 7 Code of Federal Regulations, Part 301.45 through 301.45-12. A copy of the regulation may be obtained from the Plant Quality Program, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.</content><note type="source"><p>Source Note: The provisions of this §19.81 adopted to be effective September 2, 1996, 21 TexReg 7804; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scI"><num value="I">SUBCHAPTER I</num><heading>PINE SHOOT BEETLE QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scI/s19.90"><num value="19.90">§19.90</num><heading>Quarantined Pest</heading><content>The quarantined pest is the pine shoot beetle, Tomicus piniperda (Linnaeus).</content><note type="source"><p>Source Note: The provisions of this §19.90 adopted to be effective September 2, 1996, 21 TexReg 7805.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scJ"><num value="J">SUBCHAPTER J</num><heading>RED IMPORTED FIRE ANT QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scJ/s19.100"><num value="19.100">§19.100</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Red Imported Fire Ant, Solenopsis invicta (Buren).</content><note type="source"><p>Source Note: The provisions of this §19.100 adopted to be effective September 2, 1996, 21 TexReg 7805.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scJ/s19.101"><num value="19.101">§19.101</num><heading>Quarantined Areas</heading><content>The department hereby adopts by reference as quarantined areas those counties in Texas, or portions thereof, listed as quarantined areas in the most current federal imported fire ant quarantine at 7 Code of Federal Regulations, Part 301.81-3. A copy of the regulation may be obtained through a link provided in the regulation or from the Plant Quality Program, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.</content><note type="source"><p>Source Note: The provisions of this §19.101 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective February 26, 1997, 22 TexReg 1801; amended to be effective March 6, 2001, 26 TexReg 1833; amended to be effective May 21, 2009, 34 TexReg 2947; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scJ/s19.102"><num value="19.102">§19.102</num><heading>Quarantined Articles</heading><content>(a) Quarantined articles are:(1) the red imported fire ant in any living state of development;(2) soil, compost, decomposed manure, humus, muck, and peat, separately or with other things;(3) plants with roots with soil attached;(4) grass sod;(5) baled hay and baled straw stored in direct contact with the ground;(6) logs, pulpwood, and stumpwood; and(7) used mechanized soil-moving equipment.(b) Any other products, articles, or means of conveyance of any character whatsoever, not covered by subsection (a) of this section, are quarantined articles when it is determined that they present a hazard of spread of red imported fire ants and the person in possession thereof has been so notified.</content><note type="source"><p>Source Note: The provisions of this §19.102 adopted to be effective September 2, 1996, 21 TexReg 7805.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scJ/s19.103"><num value="19.103">§19.103</num><heading>Restrictions</heading><content>(a) General. Quarantined articles from quarantined areas are prohibited entry into or through the free areas of Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions. The following quarantined articles are exempt from permit requirements:(1) soil samples of one pound or less which are packaged so that no soil will be spilled in transit;(2) soil samples of any size collected and shipped to any United States Army Corps of Engineers soil laboratory;(3) compost, decomposed manure, humus, and peat, if dehydrated, ground, pulverized, or compressed;(4) logs and pulpwood; provided, the railroad loading site has been treated;(5) stumpwood, if free of excessive amounts of soil; provided the railroad loading site has been treated and the stumpwood is consigned to a designated plant;(6) used mechanized soil-moving equipment, if free of quarantined articles; and(7) other articles upon departmental review.(c) Exceptions. Shipments from quarantined areas are allowed entry into or through the free areas under the following conditions.(1) A phytosanitary certificate or permit must accompany the movement of quarantined articles from any quarantined area into or through any point outside thereof.(2) Phytosanitary certificates or permits may be issued by an inspector or under the authority of a compliance agreement if the quarantined articles:(A) have originated in certified imported fire ant-free premises in a quarantined area and have not been exposed to infestation while within the quarantined area;(B) upon examination, have been found to be free of infestation;(C) have been treated to destroy infestation in accordance with approved procedures; or(D) have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted.(3) Phytosanitary certificates or permits shall be securely attached to the outside of the container in which the quarantined articles are moved except where the certificate or permit is attached to the shipping document and the quarantined articles are adequately described on the shipping document or on the certificate or permit.</content><note type="source"><p>Source Note: The provisions of this §19.103 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scK"><num value="K">SUBCHAPTER K</num><heading>EUROPEAN CORN BORER QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scK/s19.110"><num value="19.110">§19.110</num><heading>Quarantined Pest</heading><content>The quarantined pest is the European Corn Borer, Ostrinia nubilalis (Hübner).</content><note type="source"><p>Source Note: The provisions of this §19.110 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective August 30, 2020, 45 TexReg 5905.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scK/s19.111"><num value="19.111">§19.111</num><heading>Quarantined Areas</heading><content>(a) Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia are quarantined areas.(b) In Florida, the counties of Calhoun, Escambia, Gadsden, Hamilton, Holmes, Jackson, Jefferson, Madison, Okaloosa, and Santa Rosa are quarantined areas.(c) The Texas counties of Bailey, Carson, Castro, Dallam, Deaf Smith, Floyd, Gray, Hale, Hansford, Hartley, Hutchinson, Lamb, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, and Swisher are also quarantined areas.</content><note type="source"><p>Source Note: The provisions of this §19.111 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective August 13, 1997, 22 TexReg 7224; amended to be effective August 30, 2020, 45 TexReg 5905.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scK/s19.112"><num value="19.112">§19.112</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) The following articles and commodities originating from quarantined areas are quarantined articles:(1) Corn, broomcorn, sorghums, and Sudan grass plants and plant parts (including, but not limited to, seed and shelled grain, and stalks, ears, cobs, and all other parts, fragments, or debris).(2) Beans in the pod, beets, celery, pepper fruits, endive, Swiss chard, and rhubarb (cut or plants with roots).(3) Cut flowers and entire plants of aster, chrysanthemum, dendranthema, pelargonium, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia, and gladiolus.(4) Plants and plant parts of Cannabis spp.</content><note type="source"><p>Source Note: The provisions of this §19.112 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective August 30, 2020, 45 TexReg 5905.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scK/s19.113"><num value="19.113">§19.113</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions. The following quarantined articles are exempt from the restrictions of this subchapter:(1) individual shipments of lots of shelled grain or seed of 100 pounds or less;(2) grain comprised of packages less than 10 pounds and free from portions of plants or fragments capable of harboring the European Corn Borer;(3) shelled popcorn, seed for planting, or clean, sacked grain for human consumption;(4) dahlia tubers without stems;(5) gladiolus corms without stems;(6) pungent types of pepper fruits;(7) dried flowers and leaves, seeds for planting and human consumption, extracted fiber, and extracted oil of Cannabis spp.;(8) divisions without stems of the previous year's growth, seedling plants, rooted cuttings, and cut flowers of ornamental plants listed in §19.112(b)(3) of this subchapter (relating to Quarantined Articles) if shipped during the period between November 30 to May 1; and(9) quarantined articles destined for a processing facility upon departmental review.(c) Exceptions(1) A quarantined article may be shipped into a free area in Texas if it is accompanied by a certificate issued by an authorized representative of the origin state's department of agriculture certifying that the article has met one of the following conditions:(A) the quarantined article was a product of a state not listed as quarantined in this subchapter, and the quarantined article has been maintained to assure no blending or mixing with other quarantined articles produced in or shipped from quarantined areas described in this subchapter;(B) grain has been screened through a one-half inch or smaller mesh screen, or otherwise processed prior to loading and is free from stalks, cobs, stems or such portions of plants or fragments;(C) the quarantined article has been fumigated in a manner prescribed by the department;(D) the quarantined article originated from an approved establishment:(i) in Texas, which has a current compliance agreement with the department; or(ii) which has a current compliance agreement with the originating state department of agriculture;(E) divisions without stems of the previous year's growth, seedling plants, rooted cuttings, and cut flowers of ornamental plants listed in §19.112 (b)(3) of this subchapter, seedling plants and cuttings of Cannabis spp., and articles listed in §19.112(b)(2) of this subchapter (relating to Quarantined Articles), if each lot or shipment is inspected by an authorized representative of the origin state's department of agriculture and no European Corn Borer is found;(F) the greenhouse or the growing area where ornamentals with divisions without stems of the previous year's growth, rooted cuttings, seedling plants, or cut flowers were produced, were inspected and no European Corn Borer was found; or(G) parts of Cannabis spp. plants have been screened through a 1/2 inch or smaller mesh screen, or otherwise processed prior to loading and are free from stalks, stems or such portions of plants or fragments capable of harboring larvae of European Corn Borer.(2) Unfumigated and unscreened grain may be shipped through the free area of Texas if it is destined to a foreign port through a port elevator operating under the authority of the Federal Grain Inspection Service, provided a certificate from the state of origin accompanies each shipment stating(A) grain is for export only; and(B) shipment shall not be diverted to any other Texas point; and(C) a change in destination to other Texas points is not authorized.</content><note type="source"><p>Source Note: The provisions of this §19.113 adopted to be effective September 2, 1996, 21 TexReg 7805; amended to be effective August 13, 1997, 22 TexReg 7224; amended to be effective September 12, 2001, 26 TexReg 6869; amended to be effective August 30, 2020, 45 TexReg 5905; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scL"><num value="L">SUBCHAPTER L</num><heading>PECAN WEEVIL QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scL/s19.120"><num value="19.120">§19.120</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Pecan Weevil, Curculio caryae (Horn).</content><note type="source"><p>Source Note: The provisions of this §19.120 adopted to be effective September 2, 1996, 21 TexReg 7806.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scL/s19.121"><num value="19.121">§19.121</num><heading>Quarantined Areas</heading><content>The quarantined areas are:(1) Chaves, Eddy, Lea, and Otero Counties, New Mexico, and all other states and districts of the United States except Arizona, California, and the remainder of New Mexico;(2) all areas in the State of Texas except the counties of El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, and Pecos.</content><note type="source"><p>Source Note: The provisions of this §19.121 adopted to be effective September 2, 1996, 21 TexReg 7806; amended to be effective September 26, 2023, 48 TexReg 5538.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scL/s19.122"><num value="19.122">§19.122</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) All hickory, pecan, and walnut trees and parts thereof, except extracted nut meats, originating from quarantined areas are quarantined.</content><note type="source"><p>Source Note: The provisions of this §19.122 adopted to be effective September 2, 1996, 21 TexReg 7806.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scL/s19.123"><num value="19.123">§19.123</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas listed in this subchapter, except as provided in subsections (b) and (c) of this section.(b) Exemptions. Movement of quarantined articles to a sheller or processing plant for treatment or further processing may be granted upon departmental review.(c) Exceptions. All quarantined articles must be free of husk and accompanied by a state certificate certifying that the products were treated using one of the following methods:(1) storage in an approved cold storage chamber at or below zero degrees Fahrenheit for a period of seven consecutive days (168 hours) after the entire lot reaches zero degrees Fahrenheit as determined by facility standard operating procedures approved by the department;(2) storage in an approved cold storage chamber at 12.2 degrees Fahrenheit for a period of 14 consecutive days (336 hours) after the entire lot reaches 12.2 degrees Fahrenheit as determined by facility standard operating procedures approved by the department;(3) immersion in at least 140 degrees Fahrenheit water for a period of at least five minutes; or(4) other treatment methods approved under a compliance agreement with the department.</content><note type="source"><p>Source Note: The provisions of this §19.123 adopted to be effective September 2, 1996, 21 TexReg 7806; amended to be effective September 26, 2023, 48 TexReg 5538.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scM"><num value="M">SUBCHAPTER M</num><heading>SWEET POTATO WEEVIL QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scM/s19.130"><num value="19.130">§19.130</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Sweet Potato Weevil, Cylas formicarius (Fab).</content><note type="source"><p>Source Note: The provisions of this §19.130 adopted to be effective September 2, 1996, 21 TexReg 7806.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scM/s19.131"><num value="19.131">§19.131</num><heading>Quarantined Areas</heading><content>The quarantined areas are:(1) Alabama: Baldwin, Coffed, Covington, Geneva, Houston, and Mobile.(2) Arkansas: Ouachita County.(3) Florida: Entire state.(4) Georgia: Appling, Bacon, Brooks, Bryan, Camden, Chatham, Colquitt, Cook, Decatur, Dougherty, Echols, Grady, Glynn, Liberty, Lowndes, McIntosh, Pierce, Thomas, Ware, and Wayne.(5) Louisiana: Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Bienville, Calcasieu, Cameron, East Baton Rouge, Evangeline, East Feliciana, Grant, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Natchitoches, Orleans, Plaquemines, Pointe Coupee, Rapides, Sabine, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Helena, St. Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, Washington, Webster, West Baton Rouge, and West Feliciana.(6) Mississippi: Adams, Copiah, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Lawrence, Lincoln, Marion, Pearl River, Perry, Pike, Simpson, Smith, Stone, and Walthall.(7) South Carolina: Beaufort, Charleston, and Jasper.(8) Texas: Anderson, Angelina, Aransas, Atascosa, Austin, Bandera, Bastrop, Bee, Bell, Bexar, Blanco, Brazoria, Brazos, Brooks, Burleson, Burnet, Caldwell, Calhoun, Cameron, Chambers, Cherokee, Colorado, Comal, Coryell, DeWitt, Dimmitt, Duval, Edwards, Falls, Fayette, Fort Bend, Freestone, Frio, Galveston, Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Hays, Hidalgo, Houston, Jackson, Jasper, Jefferson, Jim Hogg, JimWells, Karnes, Kendall, Kenedy, Kerr, Kinney, Kleberg, Lampasas, La Salle, Lavaca, Lee, Leon, Liberty, Live Oak, Madison, Matagorda, Maverick, McMullen, Medina, Milam, Montgomery, Nacogdoches, Newton, Nueces, Orange, Panola, Polk, Real, Refugio, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Starr, Travis, Trinity, Tyler, Uvalde, Val Verde, Victoria, Walker, Waller, Washington, Webb, Wharton, Willacy, Williamson, Wilson, Zapata, and Zavala.</content><note type="source"><p>Source Note: The provisions of this §19.131 adopted to be effective September 2, 1996, 21 TexReg 7806; amended to be effective November 1, 2001, 26 TexReg 8507.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scM/s19.132"><num value="19.132">§19.132</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) All sweet potato roots or tubers, plants, vines, or parts thereof; any vines or roots of other plants belonging to the genus Ipomoea; and any containers or bins used in the transportation of sweet potatoes originating from a quarantined area are quarantined.</content><note type="source"><p>Source Note: The provisions of this §19.132 adopted to be effective September 2, 1996, 21 TexReg 7806.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scM/s19.133"><num value="19.133">§19.133</num><heading>Restrictions</heading><content>(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 areas 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 of the planting date; 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 to be a treatment area. Information on the treatment areas may be obtained from the Plant Quality Program, 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.</content><note type="source"><p>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; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scN"><num value="N">SUBCHAPTER N</num><heading>KARNAL BUNT QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scN/s19.140"><num value="19.140">§19.140</num><heading>Quarantined Pest</heading><content>The quarantined pest is the disease Karnal bunt, Tilletia indica (Mitra).</content><note type="source"><p>Source Note: The provisions of this §19.140 adopted to be effective September 2, 1996, 21 TexReg 7807.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scN/s19.141"><num value="19.141">§19.141</num><heading>Adoption of Federal Quarantine</heading><content>The department hereby adopts by reference for intrastate movement the Federal Karnal Bunt Quarantine as adopted by the United States Department of Agriculture, 7 Code of Federal Regulations, Part 301.89-1 through 301.89-14. A copy of the regulation may be obtained at the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.</content><note type="source"><p>Source Note: The provisions of this §19.141 adopted to be effective September 2, 1996, 21 TexReg 7807; amended to be effective February 13, 1997, 22 TexReg 1311.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scO"><num value="O">SUBCHAPTER O</num><heading>WEST INDIAN FRUIT FLY QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scO/s19.150"><num value="19.150">§19.150</num><heading>Quarantined Pest</heading><content>The quarantined pest is the West Indian fruit fly, Anastrepha obliqua (Macquart) in any living stage of development.</content><note type="source"><p>Source Note: The provisions of this §19.150 adopted to be effective February 14, 2001, 26 TexReg 1263.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scO/s19.151"><num value="19.151">§19.151</num><heading>Infested Geographical Areas Subject to the Quarantine</heading><content>(a) Quarantined areas. Those areas designated on the department's website (http://www.TexasAgriculture.gov) as quarantined areas under this subchapter, are declared to be quarantined areas.(b) Core areas. Those areas designated on the department's website (http://www.TexasAgriculture.gov) as core areas under this subchapter, are declared to be core areas.(c) New or revised quarantined infested areas or core areas. On the basis of new or revised information, the department may declare, augment, diminish, fuse, eliminate, rename, or otherwise modify quarantined areas and core areas.(1) Designation or modification of a quarantined area or a core area is effective upon the posting of the notification of the quarantined area or core area on the department's website (http://www.TexasAgriculture.gov).(2) Notification shall consist in the posting on the department's website of a map and a description of each affected quarantined area or core area.(3) A printed copy of any current notifications of this quarantine is available at the department's Valley Regional Office, 900-B, East Expressway 83, San Juan, Texas 78589, (956) 787-8866. In addition, supplemental information also may be made available on the department's website (http://www.TexasAgriculture.gov) or through press releases by the department.</content><note type="source"><p>Source Note: The provisions of this §19.151 adopted to be effective April 22, 2015, 40 TexReg 2192.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scO/s19.152"><num value="19.152">§19.152</num><heading>Regulated Articles</heading><content>The fruit or berries of all of the following plants are regulated articles:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §19.152 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective April 22, 2015, 40 TexReg 2192.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scO/s19.153"><num value="19.153">§19.153</num><heading>Restrictions</heading><content>(a) Movement of regulated articles.(1) General. Regulated articles shall not be moved within or out of a quarantined area or distributed within a quarantined area.(2) Exceptions. Regulated articles may be moved within or out of a quarantined area or sold to the public under the conditions of a permit or compliance agreement issued by the department or by the United States Department of Agriculture (USDA).(b) Treatment of regulated articles. Accepted treatments for regulated articles can be found in Title 7 of the Code of Federal Regulations (7 CFR) 301.32-10, Treatments.(c) Unless otherwise specified in a written notice issued by the department or the USDA or in a written compliance agreement between the person and the department or the USDA, a wholesaler, fruit retailer, street fruit vendor, or flea market stall operator located within the quarantined area shall cover or enclose detached fruit that are regulated articles with air curtains, screens of mesh 2 millimeters or smaller, plastic sheets, boxes without holes or other openings, or tarpaulins.(d) A person who within the quarantined area is holding or displaying for sale or distribution a plant whose fruit are regulated articles shall ensure that all regulated articles regularly are removed such that each such plant is free from regulated articles at all times prior to sale or distribution.</content><note type="source"><p>Source Note: The provisions of this §19.153 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective April 22, 2015, 40 TexReg 2192.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scO/s19.154"><num value="19.154">§19.154</num><heading>Establishment of Quarantined Areas and Core Areas, Treatment of Infestations, and Destruction of Quarantined Articles</heading><content>(a) When two or more quarantined pests, a mated female or one larva is detected, a quarantined area is established around the detection site. The quarantined area shall cover an area of approximately 81 square miles, which includes an approximately 4.5 mile radius around the detection site. Within a quarantined area, a core area of 0.5 mile radius from each detection site will be established. In the interest of practicality, the department may vary the shape and size of quarantined areas, in order to utilize roads or other recognizable geographic features to demarcate boundaries of quarantined areas or core areas. Core areas shall be treated as prescribed by the department or the USDA. Within a core area, the required treatment program shall restart if an additional quarantined pest is detected inside that core area.(b) The owner or orchard manager may be required to bear all treatment expenses.(c) The owner or orchard manager shall enter into a compliance agreement with the department to make the required treatments and handle the regulated articles as prescribed in the compliance agreement.(d) At noncommercial locations, regulated articles will be handled as prescribed by the department or the USDA.(e) The quarantined pest shall be considered eradicated from the quarantined area when additional flies are not detected beginning with the most recent detection of a quarantined pest and continuing for two generations, followed by one generation without trapping any quarantined pests. The number of days required to complete a fly generation will vary, based on a degree-day model calculated by the department or the USDA.(f) In addition to assessment of administrative penalties as provided in the Texas Agriculture Code, §12.020, a violation of this subchapter may require destruction of quarantined articles.(g) If the producer or handler of quarantined articles required to be destroyed or treated refuses to destroy or treat the articles, the department may destroy or treat the quarantined articles and charge the costs of destruction or treatment to the producer or handler, in accordance with the Texas Agriculture Code, §71.0091.</content><note type="source"><p>Source Note: The provisions of this §19.154 adopted to be effective February 14, 2001, 26 TexReg 1263; amended to be effective September 24, 2001, 26 TexReg 7269; amended to be effective April 22, 2015, 40 TexReg 2192.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scP"><num value="P">SUBCHAPTER P</num><heading>DIAPREPES ROOT WEEVIL QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scP/s19.160"><num value="19.160">§19.160</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Diaprepes root weevil, Diaprepes abbreviatus (L) in any living stage of development.</content><note type="source"><p>Source Note: The provisions of this §19.160 adopted to be effective September 5, 2001, 26 TexReg 6660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scP/s19.161"><num value="19.161">§19.161</num><heading>Geographic Areas Subject to the Quarantine</heading><content>(a) Quarantined areas. Those areas described on the department's website (http://www.TexasAgriculture.gov) as quarantined areas under this subchapter, are declared to be quarantined areas.(b) New or revised quarantined areas. On the basis of new or revised information, the department may declare, augment, diminish, combine, eliminate, rename or otherwise modify quarantined areas.(c) Designation or modification of a quarantined area is effective upon the posting of the notification of the quarantined area or core area on the department's website (http://www.TexasAgriculture.gov).</content><note type="source"><p>Source Note: The provisions of this §19.161 adopted to be effective April 26, 2015, 40 TexReg 2192.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scP/s19.162"><num value="19.162">§19.162</num><heading>Quarantined Articles</heading><content>The quarantined articles are:(1) the quarantined pest;(2) soil, sand, or gravel separately or combined with other potting media;(3) all propagation material including all plants and plant parts;(4) citrus plants and all other plants capable of hosting the quarantined pest; and(5) all nursery stock and field grown ornamentals that are potted or balled and burlaped.</content><note type="source"><p>Source Note: The provisions of this §19.162 adopted to be effective September 5, 2001, 26 TexReg 6660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scP/s19.163"><num value="19.163">§19.163</num><heading>Quarantine Implementation</heading><content>(a) Movement of a quarantined article from a quarantined area into or through a non-quarantined area is prohibited, except as provided in paragraphs (1) and (2) of this subsection.(1) Exemptions. The following articles are exempt from the provisions of this subchapter:(A) seed;(B) bare rooted cacti;(C) fruits and vegetables grown above ground;(D) fleshy roots, corms, tubers, and rhizomes that are free of soil;(E) defoliated bare-rooted nursery stock;(F) privately-owned indoor decorative houseplants;(G) aquatic plants without soil, and those in containers with growing media if removed from water and shipped immediately;(H) shipments moving under special permit established by the department to ensure such shipments do not present a pest risk; and(I) dead plant material without roots or soil that has dried or is moved directly to a city or county sanitary landfill.(2) Exceptions. The following quarantined articles are excepted from the provisions of this section:(A) a quarantined article from a quarantined area outside Texas:(i) a field-grown quarantined article must be:(I) sprayed within 14 days of the shipment with an insecticide approved by the department; and(II) shipped either bare-rooted, or repotted with sterile and soil-less potting media within seven days of the shipment; and(III) a ball-and-burlap quarantined article is prohibited;(ii) a container-grown quarantined article must be:(I) grown in a secure greenhouse to prevent infestation by the quarantined pest; or(II) sprayed within 14 days of the shipment with an insecticide approved by the department; and(III) a drench treatment approved by the department applied within 30 days of the shipment, or an insecticide approved by the department is incorporated into the potting mix.(iii) a quarantined article must be accompanied by a phytosanitary certificate or a phytosanitary permit issued by an authorized inspector of the state of origin, provided the article is treated as prescribed by the department and is actually free of the quarantined pest upon entry into Texas. A nursery may enter into a compliance agreement with the state of origin to treat and handle the quarantined article as prescribed by the department.(B) a quarantined article from a quarantined area in Texas:(i) produced or treated in accordance with a compliance agreement and actually free of the quarantined pest; or(ii) accompanied by a phytosanitary certificate issued by an authorized representative of the department and actually free of the quarantined pest.(b) Movement of a quarantined article from a non-quarantined area into or through a non-quarantined area in Texas is prohibited if the article is infested with the quarantined pest.(c) A quarantined article from a quarantined area in Texas is eligible to receive a phytosanitary certificate if upon inspection by the department the article is apparently free of the quarantined pest and the article has been treated as prescribed by the department prior to shipment or was grown in an enclosed structure approved by the department.(d) Except as provided in subsection (e) of this section, in order to control the spread and achieve the eradication of the quarantined pest, each parcel of real property within a quarantined area in Texas (affected property) shall be treated and monitored for the quarantined pest in accordance with the following provisions:(1) The department will deliver written notice of treatment and monitoring requirements to the owner of the affected property, publish said notice in a paper of general circulation, or post the notice in the immediate vicinity of the affected property in accordance with this paragraph.(A) Delivery of the written notice may be by hand, certified United States mail, commercial delivery service, or any other method calculated to provide actual or constructive notice to the person to be notified, including delivery to an agent or employee of the owner of the affected property or to an adult person, other than the owner, who resides on the affected property.(B) If the owner, an agent or employee of the owner, or an adult person, other than the owner, who resides on the affected property, cannot be found or refuses delivery of the notice, the department will:(i) publish the notice for three consecutive days in a paper of general circulation in the county in which the affected property is located; or(ii) post the notice in the immediate vicinity of the affected property.(C) Notice shall be deemed to be complete under subparagraph (C) on the fifth day after the first day on which notice is published or posted, otherwise upon delivery.(2) The person notified under this subsection, if not the owner of the affected property, shall immediately provide a copy of the department's written notice to the owner of the affected property.(3) The affected property shall be treated and monitored in accordance with the department's written notice and this subchapter.(A) Treatment may require that the owner of the affected property ensure that quarantined articles are stored, handled, or moved by prescribed methods and may additionally require the application of approved insecticides to the affected property or to quarantined articles.(B) Monitoring will require that the owner of the affected property, or any other person in control of the affected property, permit and provide physical access during normal business hours to all portions of the affected property, excluding the interior of residential structures, to authorized department personnel, employees of Texas A&M University, or employees of the United States Department of Agriculture.(4) Unless otherwise arranged by the department under paragraph (5) of this section, the owner of the affected property shall be responsible for ensuring that any required treatments are made and for the costs of such treatments. If the department must arrange for treatments under paragraph (5) of this section because the owner of the affected property has refused or otherwise failed to comply with the provisions of this subchapter, the department's written notice, or any provision of the Texas Agriculture Code, Chapter 71 or Chapter 73, then the costs the department incurs in treating the affected property or quarantined articles may be assessed against the owner of the affected property, as provided in the Texas Agriculture Code, §71.009 and §71.0091.(5) The department may contract with a bonded or insured commercial pesticide applicator to make required treatments to the affected property or to quarantined articles. The owner of the affected property shall permit and provide the applicator with physical access to the affected property and to quarantined articles during normal business hours. The applicator shall make a reasonable effort to schedule an appointment for treatment with the owner of the affected property. If an appointment cannot be arranged after a reasonable effort, the applicator shall perform the required treatment at any convenient time during normal business hours and shall be accompanied by a department inspector.(6) The department and any cooperating governmental entities will bear the costs of monitoring.(7) Treatments required under this subsection shall be made in accordance with directions in the department's written notice and the labeling, including any Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requirements for those pesticide products approved for treatment. In the event of a conflict between the directions in the written notice and those on the labeling of an approved pesticide product, the directions on the labeling of the approved pesticide product shall control.(8) Monitoring conducted under this subsection may require on site surveys, placement of trapping devices on the affected property, and periodic inspection of the trapping devices by authorized department personnel, employees of Texas A&M University, or employees of the United States Department of Agriculture. Monitoring activities for a specific affected property are to be performed only during normal business hours and only in the manner described in the written notice, unless other arrangements are necessary to accomplish monitoring activities and the property owner is notified in writing in advance. All deviations from the described monitoring activities should be immediately reported to the office identified in the written notice.(9) Failure to comply with the requirements of this subsection may require the destruction of quarantined articles in accordance with the provisions of the Texas Agriculture Code, Chapter 71 and Chapter 73. The owner of the affected property shall be liable for all costs for destruction of quarantined articles.(10) A person who fails to comply with the requirements of this subchapter or with the provisions of the Texas Agriculture Code, Chapter 71 or Chapter 73 is subject to an administrative penalty of up to $5000 for each failure to comply. Each day noncompliance continues may be considered a separate failure to comply.(11) The owner of the affected property shall perform the obligations established by this subchapter and the department's written notice until such time as the owner is informed by the department in writing that the quarantined pest has been eradicated or that treatment and monitoring are no longer required on the affected property.(12) The quarantined pest shall be considered eradicated when the pest, in any development stage, has not been detected in the quarantined area by surveys and trapping during 24 consecutive months. All monitoring of the affected property will cease upon confirmation that the quarantined pest has been eradicated from the quarantined area.(e) In lieu of requiring treatment of all properties within a quarantined area, the department may adjust the treatment area in proportion to the department's assessment of the risk potential of the quarantined pest to the affected area.(f) A person who is aggrieved by the provisions of this subchapter or who will be injured by the quarantine established by this subchapter or whose property is to be destroyed as a result of implementing the quarantine established by this subchapter is entitled to appeal the department's actions in accordance with Texas Agriculture Code, §71.010.</content><note type="source"><p>Source Note: The provisions of this §19.163 adopted to be effective September 5, 2001, 26 TexReg 6660; amended to be effective November 3, 2008, 33 TexReg 8905; amended to be effective June 25, 2010, 35 TexReg 4668; amended to be effective April 26, 2015, 40 TexReg 2192.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scQ"><num value="Q">SUBCHAPTER Q</num><heading>SAPOTE FRUIT FLY QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.170"><num value="19.170">§19.170</num><heading>Basis for Quarantine - Dangerous Insect Pest or Plant Disease (Proscribed Biological Entity)</heading><content>(a) The department finds that Anastrepha serpentine (Wiedemann), also known as the sapote fruit fly or serpentine fruit fly, is at any stage of development a dangerous insect pest or plant disease that is not widely distributed in this state.(b) Description of dangerous insect pest or plant disease. The sapote fruit fly, scientific name Anastrepha serpentine (Wiedemann), is a dangerous pest of the numerous host plants listed in §19.174 of this chapter (relating to Articles Subject to the Quarantine). The fly oviposits in the fruit where the larvae subsequently hatch and begin feeding. The larvae, feeding inside the fruit, cause damage to the flesh of the fruit making it unmarketable. The United States Department of Agriculture, as well as many other states, consider the sapote fruit fly to be a pest of quarantine significance whose control and eventual eradication from quarantined areas is imperative. (c) Unless otherwise expressly stated, the term "sapote fruit fly" when used in this subchapter refers to any or all developmental stages of the dangerous insect pest or plant disease described in this section.(d) The department is authorized by the Texas Agriculture Code, §71.002, to establish a quarantine against the dangerous insect pest or plant disease identified in this section.</content><note type="source"><p>Source Note: The provisions of this §19.170 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.171"><num value="19.171">§19.171</num><heading>Duration of the Quarantine</heading><content>The quarantine established by this subchapter shall remain in effect until the sapote fruit fly is eradicated. The sapote fruit fly shall be considered eradicated from the quarantined area when no additional sapote fruit flies are detected for a time period equal to three consecutive generations after the most recent detection. For the sapote fruit fly, the number of days required to complete a reproductive cycle, i.e., one generation, is dependent upon temperature. Therefore, a day-degree model will be used to calculate the duration of each consecutive generation.</content><note type="source"><p>Source Note: The provisions of this §19.171 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.172"><num value="19.172">§19.172</num><heading>Quarantined Infested Areas</heading><content>(a) Quarantined infested areas.(1) Quarantined infested areas are those locations within this state in which the sapote fruit fly is currently found, from which dissemination of the pest or disease is to be prevented, and in which the pest or disease is to be eradicated.(2) There are no quarantined infested areas at this time.(b) Creating, modifying, or extending quarantined infested areas. When five or more adults of the sapote fruit fly are trapped or otherwise discovered within a time period equal to one fly generation and within three miles of each other or a mated female or one larva is trapped or otherwise discovered, a quarantined infested area shall be established around the site where the fly was trapped or otherwise discovered. The quarantined infested area shall consist of an area of approximately five miles in radius with the detection site at the center (roughly 80 square miles).(c) Core areas. One or more core areas may be established within each quarantined infested area around a detection site. Each core area shall consist of an approximately one square mile area with a detection site at or near the center. Each approximately square-shaped core area shall be defined by four GPS coordinates for each of its corners. Core areas shall be subject to more extensive monitoring and handling (including transportation and treatment) requirements. There are no core areas at this time. The establishment of any core areas shall be published in the Texas Register.</content><note type="source"><p>Source Note: The provisions of this §19.172 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 11, 2005, 30 TexReg 8057; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.173"><num value="19.173">§19.173</num><heading>Quarantined Non-Infested Areas</heading><content>Quarantined non-infested areas are those locations within this state in which the sapote fruit fly is not found and which is surrounded by quarantined infested areas. There are no quarantined non-infested areas at this time.</content><note type="source"><p>Source Note: The provisions of this §19.173 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.174"><num value="19.174">§19.174</num><heading>Articles Subject to the Quarantine</heading><content>An article subject to the quarantine, or regulated article, is an item the handling of which is controlled, regulated, or restricted by Chapter 71 of the Texas Agriculture Code, this subchapter, and any department orders issued pursuant to these rules and Chapter 71, in order to prevent dissemination of the sapote fruit fly to areas located outside a quarantined infested area or into a quarantined non-infested area. The following articles are subject to the quarantine.(1) The sapote fruit fly;(2) the fruit, at any stage of development, of all of the following plants, listed by common name with genus and species in parentheses, when grown, harvested, processed, or otherwise handled within or transported through the quarantined area:(A) Abiu (Pouteria caimito) ; (B) Apple (Malus domestica) ; (C) Avocado (Persea americana ); (D) Black Sapote (Diospyros digyna) ;(E) Citrus (all species except those classified as limes or lemons);(F) Common Guava (Psidium guajava) ;(G) Egg-Fruit (Pouteria campechiana) ;(H) Green Sapote (Pouteria viridis) ;(I) Hog-Plum (Spondias mombin) ; (J) Ketembilla (Dovyalis hebecarpa) ;(K) Lucmo (Pouteria obovata) ; (L) Mammy-Apple (Mammea americana) ;(M) Mango(Mangifera indica) ; (N) Nance (Byrsonima crassifolia) ;(O) Panama Orange (Citrofortunella x mitis) ;(P) Peach (Prunus persica) ; (Q) Pear (Pyrus communis) ; (R) Pond-Apple (Annona glabra) ; (S) Quince (Cydonia oblonga) ; (T) Red Mombin (Spondias purpurea) ;(U) Sapodilla (Manilkara zapota) ; (V) Sapote (Pouteria sapota) ; and(W) Star-Apple (Chrysophyllum cainito) ;(3) any other fruit capable of hosting, harboring, propagating, or disseminating the sapote fruit fly;(4) the producing plant if it has one or more fruits listed in paragraph (2) of this section attached to or growing from it; and(5) any article, item, conveyance, or thing on or in which the sapote fruit fly is actually found.</content><note type="source"><p>Source Note: The provisions of this §19.174 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.175"><num value="19.175">§19.175</num><heading>Restrictions on Movement of Articles Subject to the Quarantine</heading><content>(a) A regulated article shall not be moved into, within, out of, or through a quarantined infested area except as specified in this subchapter.(b) Movement of regulated articles that are detached fruit.(1) Regulated articles that are detached fruit may be moved into, within, out of, or through a quarantined infested area only if:(A) the grower, transporter and processor have entered into a compliance agreement with the department or the USDA; and(B) the fruit is treated and handled in accordance with the requirements set forth in the compliance agreement; and(C) the fruit is accompanied by documentation of:(i) treatment required by either this subchapter or a compliance agreement; and(ii) the origin of the regulated articles.(2) Detached fruit carried in a part of a conveyance or equipment that is open to the outside environment must be covered by a tarpaulin, plastic sheet, or other covering sufficient to prevent the quarantined pest from contacting the fruit.(3) Detached fruit processed to commercial standards and free of the quarantined pest may be transported into, within, out of or through a quarantined infested area, either in an enclosed vehicle or under complete cover that does not allow exposure of the regulated article to the quarantined pest.(4) Detached fruit or other regulated articles originating outside a quarantined infested area and transported without being either enclosed or under cover that prevents exposure of the fruit to the quarantined pest, shall be subject to all restrictions and requirements as are regulated articles originating in the quarantined infested area.(c) A person who transports a regulated article into, within, out of, or through a quarantined infested area shall ensure that non-infested regulated articles do not become infested and that the quarantined pest is not spread within the quarantined area or moved out of the quarantined infested area.(d) Regulated articles other than detached fruit shall not be moved except under the provisions of a written notice issued by the department or the USDA or a written compliance agreement between the person and the department or the USDA.(e) Exception. Any quarantined pest that has been rendered sterile or that is being moved as part of a regulatory or other official activity of the department or of the USDA is exempt from the requirements and restrictions of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.175 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 11, 2005, 30 TexReg 8057; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.176"><num value="19.176">§19.176</num><heading>Monitoring and Eradication of the Dangerous Pest or Plant Disease</heading><content>(a) A regulated article located within a core area shall be monitored, handled, and treated by ground or aerial sprays, as prescribed in a written notice issued by the department or the United States Department of Agriculture (USDA) or as specified in a written compliance agreement between the owner or person in control of the regulated article or the property on which the regulated article is located.(b) The owner or manager of an orchard, other commercial fruit operation, or nursery subject to quarantine requirements may be required to bear all treatment expenses.(c) Homeowners located in the core areas who enter into a written compliance agreement with the department or the USDA shall not be required to pay treatment expenses for fruit or fruit trees grown, harvested, or found on their residential property, unless the fruit or fruit tree is transported to the residential property from an orchard, other commercial fruit operation, or nursery owned or operated by the homeowner or at which the homeowner is employed, at a time during which the quarantine is in effect.(d) Unless otherwise specified in a written notice issued by the department or the USDA or in a written compliance agreement between the person and the department or the USDA, a wholesaler, fruit retailer, street fruit vendor, or flea market stall operator located within the quarantined area shall cover or enclose detached fruit with air curtains, screens of appropriate mesh, plastic sheets, boxes without holes or other openings, or tarpaulins.(e) A person who within the quarantined area is holding or displaying for sale or distribution a plant that is a regulated article shall ensure that each such plant is free from fruit at all times prior to sale or distribution.</content><note type="source"><p>Source Note: The provisions of this §19.176 adopted to be effective July 8, 2003, 28 TexReg 4886; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scQ/s19.179"><num value="19.179">§19.179</num><heading>Conflicts Between Graphical Representations and Textual Descriptions; Other Inconsistencies</heading><content>(a) In the event that discrepancies exist between graphical representations and textual descriptions in this subchapter, the representation or description creating the greater geographical restriction or more stringent requirements regarding the handling or movement of quarantined articles shall control.(b) The textual description of the insect pest or plant disease shall control over any graphical representation of the same.(c) Where otherwise clear as to intent, the mistyping of a scientific or common name in this subchapter shall not be grounds for avoiding the requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.179 adopted to be effective July 8, 2003, 28 TexReg 4886.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scR"><num value="R">SUBCHAPTER R</num><heading>FORMOSAN TERMITE QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scR/s19.180"><num value="19.180">§19.180</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Formosan subterranean termite, Coptotermes formosanus Shiraki.</content><note type="source"><p>Source Note: The provisions of this §19.180 adopted to be effective November 22, 2005, 30 TexReg 7723.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scR/s19.181"><num value="19.181">§19.181</num><heading>Quarantined Areas</heading><content>The quarantined areas are:(1) Alabama counties: Baldwin, Calhoun, Jefferson, Lee, and Mobile;(2) California counties: San Diego;(3) Florida: Entire state;(4) Georgia counties: Chatham, Cobb, DeKalb, Fayette, Gwinnett, and Paulding;(5) Hawaii: Entire state;(6) Louisiana parishes: Ascension, Assumption, Beauregard, Calcasieu, Cameron, East Baton Rouge, Iberia, Iberville, Jeff Davis, Jefferson, Lafayette, Lafourche, Orleans, Plaquemines, Quachita, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Terrebonne, Vermillion, Washington, and West Baton Rouge;(7) Mississippi counties: Adams, Amite, Covington, Forrest, George, Greene, Hancock, Harrison, Hinds, Jackson, Jasper, Jones, Lamar, Lauderdale, Lincoln, Madison, Marion, Pearl River, Perry, Pike, Rankin, Smith, Stone, Walthall, and Wilkinson;(8) North Carolina counties: Brunswick and Rutherford;(9) South Carolina counties: Beaufort, Berkeley, Charleston, Dorchester, Orangeburg, and York;(10) Texas counties: Anderson, Angelina, Aransas, Bexar, Brazoria, Brazos, Cameron, Chambers, Collin, Comal, Colorado, Dallas, Denton, Fort Bend, Galveston, Gregg, Harris, Hays, Henderson, Hidalgo, Jefferson, Johnson, Liberty, Nacogdoches, Nueces, Orange, Polk, Rockwall, Smith, Tarrant, and Travis.</content><note type="source"><p>Source Note: The provisions of this §19.181 adopted to be effective November 22, 2005, 30 TexReg 7723; amended to be effective October 9, 2006, 31 TexReg 8341; amended to be effective October 13, 2009, 34 TexReg 6641; amended to be effective October 24, 2011, 36 TexReg 6940.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scR/s19.182"><num value="19.182">§19.182</num><heading>Quarantined Articles</heading><content>The quarantined articles are: (1) any stage of development of the Formosan termite, Coptotermes formosanus Shiraki; (2) used railroad cross ties; and (3) any other products, articles, or means of conveyance of any character whatsoever, not covered by paragraphs (1) and (2) of this section, are quarantined articles when it is determined that they present a hazard of spread of the Formosan termite and the person in possession thereof has been so notified.</content><note type="source"><p>Source Note: The provisions of this §19.182 adopted to be effective November 22, 2005, 30 TexReg 7723.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scR/s19.183"><num value="19.183">§19.183</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions. Movement of regulated articles used for experimental and scientific purposes is exempt from these rules provided the researcher obtains a permit from the department.(c) Exceptions. Quarantined articles from any quarantined area of this state or any state are allowed entry into or through the free areas of Texas provided that the articles:(1) are free of the Formosan termite in any stage of development; or(2) were fumigated or treated in another manner prescribed by the department and proof of the treatment accompanies the articles.</content><note type="source"><p>Source Note: The provisions of this §19.183 adopted to be effective November 22, 2005, 30 TexReg 7723.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scS"><num value="S">SUBCHAPTER S</num><heading>ASIAN CYCAD SCALE QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scS/s19.200"><num value="19.200">§19.200</num><heading>Quarantined Pest</heading><content>The quarantined pest is the Asian cycad scale, Aulacaspsis yasumatsui Takegi, in any living stage of development.</content><note type="source"><p>Source Note: The provisions of this §19.200 adopted to be effective September 5, 2007, 32 TexReg 5653.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scS/s19.201"><num value="19.201">§19.201</num><heading>Quarantined areas</heading><content>The quarantined areas are:(1) the states of Florida and Hawaii and the Commonwealth of Puerto Rico;(2) the Texas counties of Bexar, Cameron, Fort Bend, Harris, Hidalgo, Jefferson, Montgomery, Nueces and Waller; and(3) any other area infested with the Asian cycad scale.</content><note type="source"><p>Source Note: The provisions of this §19.201 adopted to be effective September 5, 2007, 32 TexReg 5653.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scS/s19.202"><num value="19.202">§19.202</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) Cycad plants belonging to genera Cycas, Dioon, Encephalartos, Macrozamia, Microcycas and Stangeria are quarantined articles.</content><note type="source"><p>Source Note: The provisions of this §19.202 adopted to be effective September 5, 2007, 32 TexReg 5653.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scS/s19.203"><num value="19.203">§19.203</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas, except as provided in subsection (b) of the section.(b) Exceptions. Quarantined articles from quarantined areas of this state or any state are allowed entry into or through the free areas of Texas if:(1) treated as prescribed by the department; and(2) accompanied by a phytosanitary certificate issued by an authorized inspector of the state of origin certifying that the article was treated as prescribed and is free of the quarantined pest upon entry into Texas; or(3) accompanied by a phytosanitary certificate issued by an authorized representative of the department certifying that the article from quarantined areas within this state was treated as prescribed and is free of the quarantined pest.</content><note type="source"><p>Source Note: The provisions of this §19.203 adopted to be effective September 5, 2007, 32 TexReg 5653.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scT"><num value="T">SUBCHAPTER T</num><heading>NOXIOUS AND INVASIVE PLANTS</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scT/s19.300"><num value="19.300">§19.300</num><heading>Noxious and Invasive Plant List</heading><content>(a) The following plants have serious potential to cause economic or ecological harm to the state. Attached Graphic(b) Unless permitted by the Texas Department of Parks and Wildlife Code §66.007 or by the Texas Department of Agriculture, a person commits an offense under the Texas Agriculture Code §71.152, if the person sells, distributes or imports into the state the plants listed in subsection (a) of this section in any live form.(c) For the purpose of this section, the term "distributes" does not include the accidental or unintentional movement of noxious plant material in the course of legitimate construction activities or agricultural activities, including but not limited to, re-seeding, transportation of agricultural products and the movement of farm or earth moving equipment.</content><note type="source"><p>Source Note: The provisions of this §19.300 adopted to be effective January 6, 2005, 29 TexReg 12163; amended to be effective June 10, 2007, 32 TexReg 3171; amended to be effective September 6, 2012, 37 TexReg 6907; amended to be effective March 4, 2013, 38 TexReg 1356.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scT/s19.301"><num value="19.301">§19.301</num><heading>Disclaimer Required for Certain Plant Lists Produced by Public Entities Other Than the Department; Required Format</heading><content>(a) A public entity other than the department that produces for public distribution to commercial or residential landscapers a list of noxious or invasive terrestrial plant species that includes at least one species currently growing in Texas shall include the disclaimer prescribed by §71.154 of the Texas Agriculture Code.(b) If the list described in subsection (a) of this section is published in a television broadcast, the disclaimer prescribed by Texas Agriculture Code, §71.154, must be included within the broadcast and either:(1) read immediately following publication of the list; or(2) appear visually in a legible graphic displayed for at least 15 seconds during or immediately following publication of the list.(c) If the list described in subsection (a) of this section is published in a radio broadcast, the disclaimer prescribed by Texas Agriculture Code, §71.154, must be included within the broadcast and read immediately following publication of the list.(d) If the list described in subsection (a) of this section is placed on a billboard, the disclaimer prescribed by Texas Agriculture Code, §71.154 must also be placed on the same billboard and the height of the disclaimer lettering must be no less than one-fifth of the height of the lettering of the list on the billboard.(e) If the list described in subsection (a) of this section is placed on or within media not expressly listed or described in Texas Agriculture Code, §71.154 or subsections (b) - (d) of this section, the disclaimer prescribed by Texas Agriculture Code, §71.154 must be placed on or within the other media using sufficient size or duration of presentation so as to be conspicuously visible and legible to, as well as accessible by, those viewing the published list.</content><note type="source"><p>Source Note: The provisions of this §19.301 adopted to be effective September 1, 2011, 36 TexReg 5359.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scU"><num value="U">SUBCHAPTER U</num><heading>CITRUS CANKER QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.400"><num value="19.400">§19.400</num><heading>Quarantined Pest</heading><content>The quarantined pest is citrus canker, and its causal agent, the bacterial pathogen Xanthomonas citri subsp. citri. The quarantined pest is a serious plant disease that is not widely distributed in this state.</content><note type="source"><p>Source Note: The provisions of this §19.400 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.401"><num value="19.401">§19.401</num><heading>Quarantined Areas</heading><content>(a) Quarantined areas are described on the Department's website at www.TexasAgriculture.gov. A map of the quarantined area is also available on the Department's website.(b) The department may designate additional or expanded quarantined areas, or a reduction of the quarantined area based upon the confirmation of the presence or absence of citrus canker. The designations will be effective upon the posting of the notification of the quarantined areas on the department's website. Notification consists of a map and a description of the quarantined areas.</content><note type="source"><p>Source Note: The provisions of this §19.401 adopted to be effective January 6, 2020, 45 TexReg 119; amended to be effective August 11, 2021, 46 TexReg 4847.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.402"><num value="19.402">§19.402</num><heading>Regulated Articles Subject to the Quarantine</heading><content>(a) For purposes of this subchapter, a regulated article is a quarantined article defined under Texas Agriculture Code, §71.0092.(b) Any other product, article, or means of conveyance, of any character whatsoever, not covered by subsection (a) of this section, when it is determined by an inspector that it presents a risk of spread of citrus canker and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subchapter.(c) Any article that is described as a regulated article by Title 7, Code of Federal Regulations (CFR) §301.75-3.</content><note type="source"><p>Source Note: The provisions of this §19.402 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.403"><num value="19.403">§19.403</num><heading>Restrictions on Movement, Sale, Distribution and Propagation of Articles Subject to the Quarantine</heading><content>(a) Movement of regulated articles.(1) Regulated articles that are plants. Movement, sale or distribution through, within, into or from a quarantined area is prohibited, unless:(A) authorized by the Department or USDA-APHIS-PPQ under a compliance agreement, limited permit or special permit; or(B) within a given property, except, within 10 feet of where a plant which is symptomatic or diagnosed with citrus canker has been found, and the area has been treated according to a compliance agreement or permit issued by the Department or USDA.(2) Regulated articles that are fruit. Regulated articles that are fruit that are moved from the property where they were produced, or are distributed or sold:(A) must be free of leaves, stems and debris; or(B) must be under a compliance agreement or permit issued by the Department or USDA.(3) Fruit shall not be moved out of a quarantined area, except under a compliance agreement or special permit with the Department or the USDA.(4) Landscapers and mowers. Landscapers and mowers servicing a quarantined area must come under a compliance agreement with the Department or USDA, and decontaminate tools, appliances and equipment by steam cleaning or by washing with an approved disinfectant prior to moving regulated articles out of the quarantined area.(b) Transitory movement of regulated articles through a quarantined area shall be done only in a completely covered and enclosed insect-proof and water-proof container that shall not remain in the quarantined area beyond the time required for simple transit.(c) Propagation, sale or distribution of regulated articles.(1) Propagation and growing of any regulated articles that are plants, rootstock or budwood for movement or use inside, into or from a quarantined area shall be in certified citrus nursery facilities under the requirements and restrictions in chapter 21, subchapter D, of this title, relating to "Citrus Nursery Stock Certification Program."(2) Certified citrus nursery facilities shall comply with structural and sanitation requirements and restrictions applicable to interstate movement from citrus canker quarantined areas, as specified in the "Interstate Movement of Citrus Nursery Stock From Areas Quarantine for Citrus Canker, Citrus Greening, and/or Asian Citrus Psyllid" as published by USDA-APHIS-PPQ.(d) Disposal of regulated articles. Infected plants, plant parts or regulated articles that are completely covered can move out of the quarantined area for burning or burial in a landfill under a compliance agreement or permit issued by the Department or USDA.</content><note type="source"><p>Source Note: The provisions of this §19.403 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.404"><num value="19.404">§19.404</num><heading>Ongoing Pest Management</heading><content>At all times, all citrus plants for sale or distribution must be inspected regularly for symptoms of citrus canker. If any regulated article exhibits symptoms of citrus canker:(1) the regulated article must be held at the location from sale or distribution, pending inspection, sampling and testing by the Department, and the location must immediately notify the nearest regional Department office; and(2) plants or plant parts that test positive for citrus canker shall be destroyed and disposed of under Department supervision.</content><note type="source"><p>Source Note: The provisions of this §19.404 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.405"><num value="19.405">§19.405</num><heading>Citrus Fruit Harvest</heading><content>(a) Compliance agreement required. Regulated fruit from a quarantined area intended for noncommercial or commercial movement, sale or distribution, shall not be moved from the production site, except under a compliance agreement with the Department or USDA.(b) Disinfecting of regulated fruit.(1) Disinfecting of regulated fruit shall include chemical treatment of regulated fruit, as prescribed in the USDA Treatment Manual D301.75-11(a).(2) Following treatment of regulated fruit in accordance with this subsection, personnel must clean their hands as prescribed in the USDA Treatment Manual D301.75-11.(3) Vehicles, equipment and other inanimate objects must be cleaned and treated as prescribed in the USDA Treatment Manual D301.75-11(d).</content><note type="source"><p>Source Note: The provisions of this §19.405 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.406"><num value="19.406">§19.406</num><heading>Consequences for Failure to Comply with Quarantine Requirements or Restrictions</heading><content>(a) A person who fails to comply with quarantine restrictions or requirements or a Department order relating to the quarantine is subject to administrative or civil penalties up to $10,000 per day for any violation of the order and to the assessment of costs for any treatment or destruction that must be performed by the Department in the absence of such compliance.(b) The Department is authorized to seize and treat or destroy or order to be treated or destroyed, any regulated article:(1) that is found to be infested with the quarantined pest; or,(2) regardless of whether infected or not, that is transported within, out of, or through the quarantined area in violation of this subchapter.(c) Regulated articles seized pursuant to any Department order shall be destroyed at the owner's expense under the supervision of a Department inspector.</content><note type="source"><p>Source Note: The provisions of this §19.406 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.407"><num value="19.407">§19.407</num><heading>Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions</heading><content>An order under the quarantine may be appealed according to procedures set forth in the Texas Agriculture Code, §71.010.</content><note type="source"><p>Source Note: The provisions of this §19.407 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scU/s19.408"><num value="19.408">§19.408</num><heading>Conflicts between Graphical Representations and Textual Descriptions; Other Inconsistencies</heading><content>(a) In the event that discrepancies exist between geographical descriptions and representations and textual descriptions of the geographic area in this subchapter, the representation or description creating the larger geographical area or more stringent requirements regarding the handling or movement of regulated articles shall control.(b) The textual description of the plant disease shall control over any graphical representation of the same.(c) Where otherwise clear as to intent, the mistyping of a scientific or common name in this subchapter shall not be grounds for exemption of compliance with the requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.408 adopted to be effective January 6, 2020, 45 TexReg 119.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scV"><num value="V">SUBCHAPTER V</num><heading>MEXICAN FRUIT FLY QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.500"><num value="19.500">§19.500</num><heading>Quarantined Pest</heading><content>(a) The Mexican fruit fly (Mexfly), Anastrepha ludens, a dangerous insect pest of the host plants listed in §19.503 of this subchapter (relating to Regulated Articles), is the quarantined pest. (b) Basis for the quarantine. The Mexfly is not native to the United States, but is able to establish infestations in Texas and some other parts of this country through cross-border traffic and trade and by natural dispersal. Mated female Mexflies oviposit in fruit, and resulting larvae feed on the flesh of the fruit, thereby making the fruit unmarketable. The department, many other states, and the USDA consider the Mexican fruit fly to be a serious plant pest whose control and eventual eradication from quarantined areas is imperative. (c) The department is authorized by the Texas Agriculture Code, §71.002, to establish a quarantine against the dangerous insect pest identified in this section.</content><note type="source"><p>Source Note: The provisions of this §19.500 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.501"><num value="19.501">§19.501</num><heading>Duration of Quarantine</heading><content>Any quarantined area established under this subchapter shall remain in effect until the quarantined pest described in §19.500 of this title (relating to the Quarantined Pest) is eradicated from that area. The quarantined pest shall be considered eradicated from a quarantined area when no additional Mexican fruit flies are detected for a time period equal to three consecutive generations after the most recent detection. For the Mexican fruit fly, the number of days required to complete a reproductive cycle, one generation, is temperature dependent; therefore, a day-degree model will be used to calculate the duration of each consecutive generation.</content><note type="source"><p>Source Note: The provisions of this §19.501 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.502"><num value="19.502">§19.502</num><heading>Geographical Areas Subject to the Quarantine</heading><content>(a) Quarantined areas. Those areas described on the department's Mexican Fruit Fly Quarantine web page (http://www.TexasAgriculture.gov) as quarantined areas under this subchapter, are declared to be quarantined areas.(b) Core areas. Those areas described on the department's Mexican Fruit Fly Quarantine web page (http://www.TexasAgriculture.gov) as core areas under this subchapter, are declared to be core areas.(c) New or revised quarantined areas or core areas. On the basis of new or revised information, the department may declare, augment, diminish, fuse, eliminate, rename or otherwise modify quarantined areas and core areas.(d) Designation or modification of a quarantined area or a core area is effective upon the posting of the notification of the quarantined area or core area on the department's Mexican Fruit Fly Quarantine web page (http://www.TexasAgriculture.gov).</content><note type="source"><p>Source Note: The provisions of this §19.502 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.503"><num value="19.503">§19.503</num><heading>Regulated Articles</heading><content>(a) A regulated article is any article described as a regulated article for Mexican fruit fly by Title 7, Code of Federal Regulations (CFR) §301.32-2.(b) A plant is a regulated article only if it has an attached fruit that is a regulated article.</content><note type="source"><p>Source Note: The provisions of this §19.503 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.504"><num value="19.504">§19.504</num><heading>Restrictions on Movement of Articles Subject to the Quarantine</heading><content>(a) A regulated article or quarantined pest shall not be moved into, within, out of, or through a quarantined area except as specified in this subchapter.(b) Movement of regulated articles that are detached fruit.(1) Regulated articles that are detached fruit may be moved into, within, out of, or through a quarantined area only if:(A) the grower, transporter and processor have entered into a compliance agreement with the department or the USDA; and(B) the fruit is treated and handled in accordance with the requirements set forth in the compliance agreement; and(C) the fruit is accompanied by documentation of:(i) treatment required by either this subchapter or a compliance agreement; and(ii) the origin of the regulated articles.(2) Detached fruit carried in a part of a conveyance or equipment that is open to the outside environment must be covered by a tarpaulin, plastic sheet, or other covering sufficient to prevent the quarantined pest from contacting the fruit.(3) Detached fruit processed to commercial standards and free of the quarantined pest may be transported into, within, out of or through a quarantined area, either in an enclosed vehicle or under complete cover that does not allow exposure of the regulated article to the quarantined pest.(4) Detached fruit or other regulated articles originating outside a quarantined area and transported without being either enclosed or under cover that prevents exposure of the fruit to the quarantined pest, shall be subject to all restrictions and requirements as are regulated articles originating in the quarantined area.(c) A person who transports a regulated article into, within, out of, or through a quarantined area shall ensure that non-infested regulated articles do not become infested and that the quarantined pest is not spread within the quarantined area or moved out of the quarantined area.(d) Regulated articles other than detached fruit shall not be moved except under the provisions of a written notice issued by the department or the USDA or a written compliance agreement between the person and the department or the USDA.(e) Exception. Any quarantined pest that has been rendered sterile or that is being moved as part of a regulatory or other official activity of the department or of the USDA is exempt from the requirements and restrictions of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.504 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.505"><num value="19.505">§19.505</num><heading>Monitoring, Handling and Treatment of Regulated Articles</heading><content>(a) A regulated article or quarantined pest located within a core area shall be monitored, handled, and treated, as prescribed in a written notice issued by the department or the USDA, or as specified in a written compliance agreement between the department or the USDA and the owner or person in control of the regulated article or the property on which the regulated article is located.(b) The owner or manager of an orchard, other commercial fruit operation, or nursery subject to quarantine requirements may be required to bear all treatment expenses.(c) Homeowners located in a core area who enter into a written compliance agreement with the department or the USDA shall not be required to pay treatment expenses for fruit or fruit trees grown, harvested, or found on their residential property, unless the fruit or fruit tree is transported to the residential property from an orchard, other commercial fruit operation, or nursery owned or operated by the homeowner or at which the homeowner is employed, at a time during which the quarantine is in effect.(d) Unless otherwise specified in a written notice issued by the department or the USDA or in a written compliance agreement between the person and the department or the USDA, a wholesaler, fruit retailer, street fruit vendor, or flea market stall operator located within the quarantined area shall cover or enclose detached fruit with Mexfly exclusionary air curtains, screens, plastic sheets, boxes without holes or other openings, or tarpaulins.(e) A person who within the quarantined area is holding or displaying for sale or distribution a plant the fruit of which is a regulated article shall ensure that each such plant is free of fruit at all times prior to sale or distribution of the plant.</content><note type="source"><p>Source Note: The provisions of this §19.505 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.506"><num value="19.506">§19.506</num><heading>Unsanitary Conditions With Regard to Regulated Articles and the Quarantined Pest; Orders of Department</heading><content>(a) Persons in a quarantined area shall maintain premises in sanitary condition, with regard to regulated articles and the quarantined pest.(1) When fruit is present at a location, maintenance shall be performed at least once every 21 days, to prevent accumulation of and to remove all fruit that is fallen, decomposing, culled, or not to be harvested, and immediately dispose of such fruit, according to paragraph (3) of this subsection.(2) Within the harvest period, each person shall clean fallen, refuse, or cull fruit from his or her premises once in each seven-day period and immediately dispose of such fruit, according to paragraph (3) of this subsection.(3) Fruit that is fallen, decomposing, culled or not to be harvested shall be:(A) buried at a depth of not less than 18 inches below the surface of well-tamped soil; or(B) disposed of in another manner that prevents reproduction of the quarantined pest and is approved by the department.(4) A person maintains an unsanitary condition with regard to regulated articles and the quarantined pest if the person:(A) is not compliant with the requirements and restrictions in paragraphs (1) , (2) , and (3) of this subsection; or(B) has host fruit on trees on the premises during the host-free period.(b) It is a public nuisance to maintain premises in a quarantined area in unsanitary condition.(c) The department may order each owner, part owner, or caretaker of premises subject to this subchapter to place the premises in sanitary condition with regard to regulated articles and the quarantined pest.(1) The order shall be in writing, dated, and signed or stamped by the commissioner or the commissioner's designee.(2) The order shall direct the owner, part owner, or caretaker to place the premises in sanitary condition under the supervision of an inspector of the department.(3) If the owner is a nonresident, the department shall give the owner a 10 day notice of the order by registered mail.</content><note type="source"><p>Source Note: The provisions of this §19.506 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.507"><num value="19.507">§19.507</num><heading>Consequences for Failure to Comply with Quarantine Restrictions</heading><content>A person who fails to comply with quarantine restrictions or requirements or a department order relating to the quarantine may be subject to administrative penalties not to exceed $5,000 per occurrence, civil penalties not to exceed $10,000 per occurrence, or criminal prosecution. Each day a violation occurs or continues may be considered a separate occurrence. Additionally, the department is authorized to seize and treat or destroy, or order to be treated or destroyed, any regulated article that is found to be infested with the quarantined pest or, regardless of whether infested or not, transported out of, within or through a quarantined area in violation of this subchapter. Treatment, destruction, storage, or other charges, including those incurred by the department, are chargeable to the owner of the quarantined article to be treated or destroyed.</content><note type="source"><p>Source Note: The provisions of this §19.507 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.508"><num value="19.508">§19.508</num><heading>Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions</heading><content>An order under the quarantine may be appealed according to procedures set forth in the Texas Agriculture Code, §72.041.</content><note type="source"><p>Source Note: The provisions of this §19.508 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scV/s19.509"><num value="19.509">§19.509</num><heading>Conflicts Between Graphical Representations and Textual Descriptions; Other Inconsistencies</heading><content>(a) In the event that discrepancies exist between graphical representations and textual descriptions in this subchapter, the representation or description creating the larger geographical area or more stringent requirements regarding the handling or movement of quarantined articles shall control.(b) The textual description of the insect pest shall control over any graphical representation of the same.(c) Where otherwise clear as to intent, the mistyping of a scientific or common name in this subchapter shall not be grounds for avoiding the requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.509 adopted to be effective January 20, 2015, 40 TexReg 326.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scW"><num value="W">SUBCHAPTER W</num><heading>RED PALM MITE QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scW/s19.600"><num value="19.600">§19.600</num><heading>Quarantined Pest</heading><content>The quarantined pest is the red palm mite, Raoiella indica Hirst in any living stage of development.</content><note type="source"><p>Source Note: The provisions of this §19.600 adopted to be effective November 4, 2008, 33 TexReg 8761.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scW/s19.601"><num value="19.601">§19.601</num><heading>Quarantined Areas</heading><content>The quarantined areas are:(1) Broward, Collier, Dade, Lee, Martin, Monroe, Palm Beach, and St. Lucie counties in the State of Florida; and(2) any other area infested with the red palm mite.</content><note type="source"><p>Source Note: The provisions of this §19.601 adopted to be effective November 4, 2008, 33 TexReg 8761; amended to be effective May 15, 2011, 36 TexReg 2829.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scW/s19.602"><num value="19.602">§19.602</num><heading>Quarantined Articles</heading><content>(a) The quarantined pest is a quarantined article.(b) The following articles are quarantined:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §19.602 adopted to be effective November 4, 2008, 33 TexReg 8761; amended to be effective May 15, 2011, 36 TexReg 2829.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scW/s19.603"><num value="19.603">§19.603</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into Texas, except as provided in subsection (b) of this section.(b) Exceptions. Quarantined articles from quarantined areas are allowed entry into Texas if:(1) treated within 14 days of the shipment as approved by the department; and(2) accompanied by a phytosanitary certificate issued by an authorized inspector of the state of origin certifying that the article was inspected within 14 days of the shipment and is free of the quarantined pest; or(3) accompanied by a stamp issued by an authorized representative of the state of origin certifying that the article was produced at a nursery which has entered into a compliance agreement with the state of origin to treat and handle the quarantined article as prescribed by the department and the article is free of the quarantined pest.</content><note type="source"><p>Source Note: The provisions of this §19.603 adopted to be effective November 4, 2008, 33 TexReg 8761.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scX"><num value="X">SUBCHAPTER X</num><heading>CITRUS GREENING QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.615"><num value="19.615">§19.615</num><heading>Basis for Quarantine; Quarantined Pest - Dangerous Plant Disease (Proscribed Biological Entity)</heading><content>(a) Quarantined pest is citrus greening. The department finds that citrus greening, "Candidatus Liberibacter asiaticus," is a dangerous plant disease that is not widely distributed in this state.(b) Description of dangerous plant disease. Host plants. Citrus greening is a dangerous plant disease that can infect and be carried by all plant parts (including leaves and propagative seeds) except fruit of Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis, A. paniculata, Amyris madrensis, Atalantia spp. (including Atalantia monophylla), Balsamocitrus dawei, Bergera; (= Murraya) koenigii, Calodendrum capense, Choisya ternata, C. arizonica, X Citroncirus webberi, Citropsis articulata, Citropsis gilletiana, Citrus madurensis (= X Citrofortunella microcarpa), Citrus spp., Clausena anisum-olens, C. excavata, C. indica, C. lansium, Eremocitrus glauca, Eremocitrus hybrid, Esenbeckia berlandieri, Fortunella spp., Limonia acidissima, Merrillia caloxylon, Microcitrus australasica, M. australis, M. papuana, X Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris (= Toddalia) lanceolata, and Zanthoxylum fagara. A majority of these plants also are hosts of Asian citrus psyllid Diaphorina citri, the vector of citrus greening in the United States. Citrus greening is a bacterial disease that attacks the vascular system of plants. Once infected, there is no cure for a tree with citrus greening disease. In areas of the world where citrus greening is endemic, citrus trees decline and die within a few years. Citrus greening is considered a serious disease by the United States Department of Agriculture (USDA) as well as many states.(c) Establishment of quarantine. The department is authorized by the Texas Agriculture Code, §71.002, to establish a quarantine against the dangerous plant disease, citrus greening, identified in this section.</content><note type="source"><p>Source Note: The provisions of this §19.615 adopted to be effective February 9, 2013, 38 TexReg 491.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.616"><num value="19.616">§19.616</num><heading>Infested Geographical Areas Subject to the Quarantine</heading><content>(a) Quarantined infested areas.(1) Quarantined infested areas, or quarantined areas (infested geographical areas subject to the quarantine), are those locations within this state in which the dangerous plant disease is currently found, from which dissemination of the disease is to be prevented, and within which the disease is to be managed or eradicated.(2) The quarantine boundaries found in subsection (b) of this section are declared to be the boundaries of quarantined infested areas, or quarantined areas. The department may designate additional or expanded quarantined infested areas or quarantined areas, or a reduction of the quarantined area based upon the confirmation of the presence or absence of the citrus greening. The designations will be effective upon the posting of the notification of the quarantined infested areas or quarantined areas on the department's website (http://www.TexasAgriculture.gov). Notification consists of a map and a description of the quarantined infested areas or quarantined areas. A printed copy of the notification is available at the department's Valley Regional Office, 900-B, East Expressway 83, San Juan, Texas 78217, (956) 787-8866. In addition, notification will be made through press release by the department. Each quarantined area is bounded on all sides by a line drawn using the World Geographic Coordinate System of 1984.(b) The Quarantine Boundary in Hidalgo County is described as: Starting at a point described as N26.092345 degrees and W98.143389 degrees, then West to a point described as N26.091944 degrees and W98.151891 degrees, then West to a point described as N26.092451 degrees and W98.161387 degrees, then West to a point described as N26.095246 degrees and W98.176367 degrees, then North West to a point described as N26.102571 degrees and W98.194316 degrees, then North West to a point described as N26.112126 degrees and W98.207752 degrees, then North West to a point described as N26.119346 degrees and W98.214906 degrees, then North West to a point described as N26.127551 degrees and W98.221651 degrees, then North West to a point described as N26.130722 degrees and W98.223631 degrees, then North to a point described as N26.147012 degrees and W98.230526 degrees, then North to a point described as N26.163728 degrees and W98.232918 degrees, then North to a point described as N26.16734 degrees and W98.232894 degrees, then North to a point described as N26.177266 degrees and W98.231828 degrees, then North East to a point described as N26.19214 degrees and W98.227227 degrees, then North East to a point described as N26.202493 degrees and W98.221654 degrees, then North East to a point described as N26.215525 degrees and W98.210556 degrees, then North East to a point described as N26.222527 degrees and W98.201611 degrees, then North East to a point described as N26.227622 degrees and W98.193957 degrees, then East to a point described as N26.232083 degrees and W98.184415 degrees, then East to a point described as N26.23386 degrees and W98.179397 degrees, then East to a point described as N26.237379 degrees and W98.163353 degrees, then East to a point described as N26.237807 degrees and W98.159345 degrees, then East to a point described as N26.237712 degrees and W98.143327 degrees, then East to a point described as N26.237237 degrees and W98.139326 degrees, then East to a point described as N26.233989 degrees and W98.124833 degrees, then South East to a point described as N26.228947 degrees and W98.112357 degrees, then South East to a point described as N26.223016 degrees and W98.102392 degrees, then South East to a point described as N26.221195 degrees and W98.099903 degrees, then South East to a point described as N26.214489 degrees and W98.092725 degrees, then South East to a point described as N26.211194 degrees and W98.08897 degrees, then South East to a point described as N26.206528 degrees and W98.085674 degrees, then South East to a point described as N26.205749 degrees and W98.084508 degrees, then South to a point described as N26.192155 degrees and W98.076608 degrees, then South to a point described as N26.18401 degrees and W98.07367 degrees, then South to a point described as N26.171354 degrees and W98.071269 degrees, then South to a point described as N26.15736 degrees and W98.07138 degrees, then South to a point described as N26.148793 degrees and W98.072948 degrees, then South West to a point described as N26.139332 degrees and W98.076024 degrees, then South West to a point described as N26.126285 degrees and W98.083128 degrees, then South West to a point described as N26.115956 degrees and W98.09171 degrees, then South West to a point described as N26.103864 degrees and W98.107304 degrees, then West to a point described as N26.097624 degrees and W98.120351 degrees, then West to a point described as N26.093646 degrees and W98.13438 degrees and then returning West to the Starting Point.(c) A map of the quarantined area may be obtained by contacting the department's Valley Regional Office, 900-B East Expressway 83, San Juan, Texas 78598, (956) 787-8866.</content><note type="source"><p>Source Note: The provisions of this §19.616 adopted to be effective February 9, 2013, 38 TexReg 491; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.617"><num value="19.617">§19.617</num><heading>Articles Subject to the Quarantine</heading><content>An article subject to the quarantine, or regulated article, is any article described as a regulated article by Title 7, Code of Federal Regulations (CFR) §301.76-2.</content><note type="source"><p>Source Note: The provisions of this §19.617 adopted to be effective February 9, 2013, 38 TexReg 491.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.618"><num value="19.618">§19.618</num><heading>Restrictions on Production, Movement or Distribution of Articles Subject to the Quarantine</heading><content>(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 7 CFR §301.76; and(B) those requirements of §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 §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(C) destroyed.(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 7 CFR §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.</content><note type="source"><p>Source Note: The provisions of this §19.618 adopted to be effective February 9, 2013, 38 TexReg 491.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.619"><num value="19.619">§19.619</num><heading>Consequences for Failure to Comply with Quarantine Restrictions</heading><content>A person who fails to comply with quarantine restrictions or requirements or a department order relating to the quarantine is subject to administrative or civil penalties up to $10,000 per day for any violation of the order and to the assessment of costs for any treatment or destruction that must be performed by the department in the absence of such compliance. Additionally, the department is authorized to seize and treat or destroy, or order to be treated or destroyed, any quarantined article that is found to be infested with the quarantined pest or, regardless of whether infected or not, transported within, out of, or through the quarantined area in violation of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.619 adopted to be effective February 9, 2013, 38 TexReg 491.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.620"><num value="19.620">§19.620</num><heading>Appeal of Department Action Taken for Failure to Comply with Quarantine Restrictions</heading><content>An order under the quarantine may be appealed according to procedures set forth in the Texas Agriculture Code, §71.010.</content><note type="source"><p>Source Note: The provisions of this §19.620 adopted to be effective February 9, 2013, 38 TexReg 491.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.621"><num value="19.621">§19.621</num><heading>Conflicts Between Graphical Representations and Textual Descriptions; Other Inconsistencies</heading><content>(a) In the event that discrepancies exist between graphical representations and textual descriptions in this subchapter, the representation or description creating the larger geographical area or more stringent requirements regarding the handling or movement of quarantined articles shall control.(b) The textual description of the plant disease shall control over any graphical representation of the same.(c) Where otherwise clear as to intent, the mistyping of a scientific or common name in this subchapter shall not be grounds for avoiding the requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §19.621 adopted to be effective February 9, 2013, 38 TexReg 491.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scX/s19.622"><num value="19.622">§19.622</num><heading>Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone</heading><content>(a) Treatment Requirements:(1) Interstate sale, distribution or movement. Any regulated article produced or under production in the citrus zone, as specified in §21.4 of this title (relating to Citrus Zone), that is intended for interstate sale, distribution or movement shall be treated as provided in 7 CFR §301.76, and as specified 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, Plant Protection and Quarantine. A copy of the requirements may be obtained by contacting the department's Valley Regional Office, 900-B East Expressway 83, San Juan, Texas 78598, (956) 787-8866; and(2) Intrastate sale, distribution or movement. Any regulated article produced or under production in the citrus zone, as specified in §21.4 of this title, that is intended for intrastate sale, distribution or movement, either within or outside of the Citrus Zone:(A) Prior to any sale, distribution or movement shall be treated as specified 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, Plant Protection and Quarantine; and(B) If any maximum treatment period specified under subparagraph (A) of this paragraph expires before all regulated articles have been sold, distributed or moved, the required treatment shall be re-applied, as necessary. No regulated article that is not compliant with all treatment requirements may be sold, distributed, or moved.(C) A copy of the requirements in this subsection may be obtained by contacting the department's Valley Regional Office.(b) Treatment records. Records of the lot numbers treated and of the treatment materials and treatment dates for each treatment required under subsection (a) of this section shall be maintained by the nursery for a period of not less than two years following the last treatment date for a given lot of regulated articles, and records shall be made available to an authorized department or USDA employee, upon request during normal business hours.(c) Exemptions. For regulated articles intended for intrastate sale or for intrastate commercial or noncommercial distribution or movement, the following are exempt from the requirements of this section:(1) Any retail location that possesses a valid Class 1 nursery/floral registration, as required by §22.3 of this title (relating to Nursery/Floral Registration Classifications and Fees); or(2) Any person who purchases or otherwise receives a regulated article for that person's own use and not for further sale, distribution or movement, is exempt from the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §19.622 adopted to be effective February 9, 2013, 38 TexReg 491; amended to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scY"><num value="Y">SUBCHAPTER Y</num><heading>COTTONSEED BUG QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scY/s19.623"><num value="19.623">§19.623</num><heading>Quarantined Pest</heading><content>The quarantined pest is the cottonseed bug, Oxycarenus hyalinipennis , in any life stage.</content><note type="source"><p>Source Note: The provisions of this §19.623 adopted to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scY/s19.624"><num value="19.624">§19.624</num><heading>Quarantined Areas</heading><content>(a) The counties of Los Angeles, Orange, Riverside, and San Diego and any other infested areas of the State of California, other states, or country.(b) The department may designate additional or expanded quarantined areas, or a reduction of the quarantined area based upon the confirmation of the presence or absence of the cottonseed bug. The designations will be effective upon the posting of the notification of the quarantined areas on the department's website.</content><note type="source"><p>Source Note: The provisions of this §19.624 adopted to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scY/s19.625"><num value="19.625">§19.625</num><heading>Quarantined Articles</heading><content>The following articles are quarantined:(1) The quarantined pest in any of its life stages;(2) All plant and plant parts of the family Malvaceae including, nursery stock and other living, or dead, cut or fallen fruit, fruiting structures, or seeds;(3) All equipment used for production and transportation of cotton; and(4) Quarantined articles in transit through an area infested with cotton seed bug.</content><note type="source"><p>Source Note: The provisions of this §19.625 adopted to be effective December 12, 2024, 49 TexReg 9949.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scY/s19.626"><num value="19.626">§19.626</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the State of Texas, except as provided in subsection (b) of this section unless the articles are:(1) Accompanied by a phytosanitary certificate from the state of origin declaring the articles have been inspected after harvest and found to be free of the cotton seed bug, and the articles have been stored in such a manner to remain free of the cotton seed bug; or(2) Included in a cooperative agreement with the Texas Department of Agriculture;(b) Exemptions. Interstate and intrastate movement of regulated articles for scientific or experimental purposes shall be exempt from the provisions of this rule and may move under a compliance agreement and scientific permit, as required.</content><note type="source"><p>Source Note: The provisions of this §19.626 adopted to be effective December 12, 2024, 49 TexReg 9949.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c19/scZ"><num value="Z">SUBCHAPTER Z</num><heading>EMERALD ASH BORER QUARANTINE</heading><section identifier="/us/state/tx/tac/t4/p1/c19/scZ/s19.700"><num value="19.700">§19.700</num><heading>Quarantined Pest</heading><content>The quarantined pest is the emerald ash borer, Agrilus planipennis, in any life stage.</content><note type="source"><p>Source Note: The provisions of this §19.700 adopted to be effective August 11, 2021, 46 TexReg 4848.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scZ/s19.701"><num value="19.701">§19.701</num><heading>Quarantined Areas</heading><content>(a) The quarantined areas are those areas described on the department's website (http://www.TexasAgriculture.gov) as quarantined areas under this subchapter.(b) The department may designate additional or expanded quarantined areas, or a reduction of the quarantined area based upon the confirmation of the presence or absence of the emerald ash borer. The designations will be effective upon the posting of the notification of the quarantined areas on the department's website.</content><note type="source"><p>Source Note: The provisions of this §19.701 adopted to be effective August 11, 2021, 46 TexReg 4848.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scZ/s19.702"><num value="19.702">§19.702</num><heading>Quarantined Articles</heading><content>The quarantined articles are:(1) the quarantined pest;(2) firewood of all hardwood (non-coniferous) species;(3) ash (Fraxinus spp.) nursery stock; and(4) any other material living, dead, cut, or fallen, including green lumber, logs, stumps, roots, branches, and composted and uncomposted chips of the genus Fraxinus.</content><note type="source"><p>Source Note: The provisions of this §19.702 adopted to be effective August 11, 2021, 46 TexReg 4848.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c19/scZ/s19.703"><num value="19.703">§19.703</num><heading>Restrictions</heading><content>(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas, except as provided in subsections (b) and (c) of this section.(b) Exemptions.(1) Processed lumber that is free of bark or has been kiln dried or fumigated.(2) Finished wood products without bark.(c) Exceptions.(1) Quarantined articles from quarantined areas are allowed entry into or through the free areas of Texas if:(A) treated or processed as prescribed by the department; and(B) accompanied by a phytosanitary certificate, compliance agreement, or other phytosanitary document, issued by an authorized inspector of the state of origin certifying that the article was treated or processed as prescribed and is free of the quarantined pest.(2) Quarantined articles that originate outside the quarantined area may transit through the quarantined area without a certificate if:(A) the article is safeguarded in an enclosed vehicle or with adequate covering against infestation;(B) the points of origin and destination are specified on the waybill accompanying the shipment; and(C) the article is moved directly through the quarantined area without stopping beyond the time required for simple transit.</content><note type="source"><p>Source Note: The provisions of this §19.703 adopted to be effective August 11, 2021, 46 TexReg 4848.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c20"><num value="20">CHAPTER 20</num><heading>COTTON PEST CONTROL</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c20/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c20/scA/s20.1"><num value="20.1">§20.1</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 74, and Part 1, Chapter 1, §1.1 of this title, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Certificate--A phytosanitary certificate issued by an authorized representative of the department allowing the movement of plants or plant products, or a document issued by an authorized representative of the department allowing the movement of equipment or vehicles.(2) Certified Cotton Producer Organization--An organization approved and certified under the requirements established by the National Cotton Council.(3) Compliance agreement--A written agreement signed by a person engaged in growing, distributing, handling or moving regulated articles whereby, he or she agrees to comply with conditions specified in the agreement concerning the basis upon which a certificate may be issued for movement of regulated articles or for the purposes of compliance with applicable rules.(4) Commercial cotton--Cotton grown for sale or barter.(5) Commercial cotton field--A field in which commercial cotton has been planted, or is being grown, until either:(A) the end date for destruction requirements, as provided in §20.22 of this chapter (relating to Stalk Destruction Requirements), for fields in a pest management zone; or(B) the emergence of a new cotton crop in the area, for fields not located in a pest management zone.(6) Cotton lint--All forms of raw ginned cotton except linters and gin waste.(7) Cotton products--Seed cotton, cotton lint, linters, oil mill waste, gin waste, squares, bolls, gin trash, cotton seed, cottonseed hulls, and all other forms of unmanufactured cotton fiber.(8) Cotton seed--The seed of the cotton plant, separated from lint.(9) Destroyed (or destruction)--Compliant with applicable requirements and restrictions established in this chapter; for noncommercial cotton, made non-hostable.(10) Destruction deadline--The date established in this chapter for destruction of cotton stalks.(11) Eradicated area--An area apparently free of boll weevil or, for which scientific documentation acceptable to the department has been provided that indicates that no boll weevils were captured for a period of at least one cotton growing season by weevil pheromone traps operated by the foundation or other governmental agency.(12) Eradication area--A defined area in which a boll weevil eradication program has been initiated.(13) Foundation--The Texas Boll Weevil Eradication Foundation, Inc.(14) Functionally eradicated area--An area meeting the trapping criteria for a suppressed area with no confirmed evidence of boll weevil reproduction occurring in the area and no oviposition in squares, and in which the movement of regulated articles presents a threat to the success of the boll weevil eradication program. The boll weevil population must be equal to or less than an average of 0.001 boll weevils per trap per week for the cotton growing season as measured by boll weevil pheromone traps operated by the foundation or other governmental agency.(15) Gin motes--Short fragments of unmanufactured cotton fiber removed from lint cleaners after ginning cotton.(16) Gin trash--All material produced during the cleaning and ginning of seed cotton, except lint, linters, cotton seed, and gin waste.(17) Gin waste--All forms of unmanufactured waste cotton fiber resulting from the ginning of seed cotton, including gin motes.(18) Hostable material-- Cotton fruiting structures such as buds, squares, flowers, or bolls.(19) Hostable commercial cotton fee--The hostable cotton fee established in Texas Agriculture Code, §74.0032, which applies to hostable cotton stalks, volunteer cotton or noncommercial cotton which remain past the stalk destruction deadline in a commercial cotton field.(20) Hostable cotton (or hostable)--Cotton with fruiting structures including buds, squares, flowers, uncracked bolls or unopened bolls.(21) Hostable noncommercial cotton fee--The volunteer cotton fee established in Texas Agriculture Code, §74.119.(22) Linters--Residual unmanufactured cotton fiber separated from cottonseed after the lint has been removed.(23) New crop--Cotton planted on or after the earliest planting date that follows the most recent destruction deadline.(24) Non-hostable cotton (or non-hostable)--Cotton that is free of living, normally colored (not wilted or darkened) fruiting structures including buds, squares, flowers, uncracked bolls, or unopened bolls.(25) Noncommercial cotton--Any cotton that is not commercial cotton.(26) Oil mill waste--Waste products, including linters, derived from the milling of cottonseed.(27) Plow--To dislodge or sever the roots of plants in a manner which prevents further growth. Equipment used to accomplish this could include a stalk puller, any type of plow, or similar implement.(28) Protection plan--A plan developed for the purpose of mitigating, with the goal of preventing, boll weevil infestation and establishment in an area. Mitigating measures may include, but are not limited to, the following:(A) the field treatment of cotton and cotton products prior to delivery to an area or a gin by an approved insecticide;(B) requirements for moving, handling, storage, and treatment or use of approved insecticide applications to regulated articles; and(C) monitoring of boll weevils at a specified site(s) as approved by the department.(29) Regrowth cotton (or regrowth)--Vegetative and/or reproductive growth produced on a cotton plant following its destruction or partial destruction.(30) Restricted Area--An area designated as suppressed, functionally eradicated, or eradicated of boll weevils, as those terms are defined in this section.(31) Seed cotton--All forms of un-ginned cotton from which the seed has not been separated.(32) Stalk puller--An implement which dislodges the roots of cotton plants by pulling up the stalks.(33) Suppressed area--An area in which some boll weevil reproduction may be present in the area or a portion thereof, and in which the movement of regulated articles presents a threat to the success of the boll weevil eradication program. The boll weevil population must be equal to or less than 0.025 boll weevils per trap per week for the cotton-growing season as measured by boll weevil pheromone traps operated by the foundation or other governmental agency.(34) Trap--Type of adult boll weevil pheromone trap approved by the foundation.(35) Treatment--The act of eliminating possible cotton pest infestation(s) by means of cleaning, spraying or fumigation to eliminate the infestation.(36) Volunteer cotton--For purposes of this chapter, a cotton plant or plants that were not deliberately planted.</content><note type="source"><p>Source Note: The provisions of this §20.1 adopted to be effective September 2, 1996, 21 TexReg 7967; amended to be effective August 27, 2000, 25 TexReg 8023; amended to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective March 26, 2006, 31 TexReg 2143; amended to be effective July 19, 2007, 32 TexReg 4383; amended to be effective January 25, 2009, 34 TexReg 413; amended to be effective September 1, 2009, 34 TexReg 5897; amended to be effective November 1, 2011, 36 TexReg 7313; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scA/s20.3"><num value="20.3">§20.3</num><heading>Violations and Enforcement Actions</heading><content>(a) Violations. In addition to any other violations that may arise under requirements of the Texas Agriculture Code, Chapter 74, or regulations adopted pursuant to the Texas Agriculture Code, Chapter 71 or Chapter 74:(1) Failure to comply with cotton stalk destruction requirements outlined in Subchapter C of this chapter (relating to Stalk Destruction Program) or Subchapter D of this chapter (relating to Regulation of Volunteer and Other Noncommercial Cotton; Hostable Cotton Fee) constitutes a violation.(2) Cotton that is allowed to develop fruiting structures after the destruction deadline constitutes a violation, if the producer or responsible party fails to submit a required hostable commercial cotton fee or a hostable noncommercial cotton fee.(b) Enforcement Actions.(1) The department may direct any means of conveyance containing plants, plant products, or other items susceptible to cotton pest contamination to an authorized inspection point for treatment or reinspection prior to entering a restricted area. To minimize the risk of contamination of a restricted area by such means of conveyance discovered or apprehended in restricted areas, the department may seize and maintain control over the means of conveyance and its relevant contents until the department is satisfied that they are safely decontaminated or that they no longer pose a threat to the quarantine. Any costs associated with such decontamination (including the cost of decontamination, transportation of the means of conveyance, destruction of contaminated materials, and special materials that the department may deem necessary to prevent regulated materials from leaving the means of conveyance) are the responsibility of the violator(s).(2) Any violation of these rules is subject to civil and criminal penalties. In addition, the department may revoke a certificate or compliance agreement, and/or assess administrative penalties as prescribed in the Texas Agriculture Code, §12.020, against any person for a violation of these rules and/or for failure to adhere to the conditions of a protection plan.</content><note type="source"><p>Source Note: The provisions of this §20.3 adopted to be effective September 2, 1996, 21 TexReg 7967; amended to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective September 1, 2009, 34 TexReg 5897; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c20/scB"><num value="B">SUBCHAPTER B</num><heading>QUARANTINE REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.10"><num value="20.10">§20.10</num><heading>Quarantined Pest</heading><content>The quarantined pest is the boll weevil, Anthonomus grandis Boheman, in any living stage of development.</content><note type="source"><p>Source Note: The provisions of this §20.10 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 1, 2004, 29 TexReg 7089.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.11"><num value="20.11">§20.11</num><heading>Quarantined Areas</heading><content>The quarantined areas are those areas not declared as suppressed, functionally eradicated, or eradicated.</content><note type="source"><p>Source Note: The provisions of this §20.11 adopted to be effective July 9, 2001, 26 TexReg 4996.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.12"><num value="20.12">§20.12</num><heading>Suppressed Areas</heading><content>(a) The commissioner may grant a request for declaration of an area in Texas as suppressed after a written recommendation is submitted to the department from the foundation, supported by scientific documentation acceptable to the department indicating that movement of regulated articles into the area presents a threat to the success of boll weevil eradication.(b) The department will recognize as suppressed any areas outside of Texas that are declared suppressed by that state's department of agriculture if the department determines that state's definition of a suppressed area is equivalent to the definition of a suppressed area in §20.1 of this chapter (relating to Definitions).(c) The department has determined that the New Mexico and Oklahoma departments of agriculture's definitions of a suppressed area are equivalent to the definition of a suppressed area in §20.1 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §20.12 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective May 17, 2004, 29 TexReg 4756; amended to be effective October 7, 2004, 29 TexReg 9353; amended to be effective September 13, 2005, 30 TexReg 5779; amended to be effective July 26, 2007, 32 TexReg 4547; amended to be effective September 30, 2010, 35 TexReg 8723; amended to be effective June 14, 2012, 37 TexReg 4184; amended to be effective January 1, 2016, 40 TexReg 9625; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.13"><num value="20.13">§20.13</num><heading>Functionally Eradicated Areas</heading><content>(a) The commissioner may grant a request for declaration of an area in Texas as functionally eradicated after a written recommendation is submitted to the department from the foundation, supported by scientific documentation acceptable to the department indicating that movement of regulated articles into the area presents a threat to the success of boll weevil eradication.(b) The department will recognize as functionally eradicated any areas outside of Texas that are declared functionally eradicated by that state's department of agriculture if that state's definition of a functionally eradicated area is equivalent to the definition of a functionally eradicated area in §20.1 of this chapter (relating to Definitions).(c) The department has determined that the definitions of a functionally eradicated area of New Mexico and Oklahoma departments of agriculture are equivalent to the definition of a functionally eradicated area in §20.1 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §20.13 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective May 20, 2002, 27 TexReg 4323; amended to be effective October 7, 2004, 29 TexReg 9353; amended to be effective September 30, 2010, 35 TexReg 8723; amended to be effective January 1, 2016, 40 TexReg 9625; amended to be effective June 4, 2020, 45 TexReg 3619; amended to be effective March 5, 2023, 48 TexReg 1033; amended to be effective September 26, 2023, 48 TexReg 5539.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.14"><num value="20.14">§20.14</num><heading>Eradicated Areas</heading><content>(a) The commissioner may grant a request for an area in Texas to be declared eradicated after a written recommendation is submitted to the department by the foundation, supported by scientific documentation acceptable to the department indicating that movement of regulated articles into the area presents a threat to the success of boll weevil eradication.(b) The West Texas Maintenance Area, as provided in §3.702 of this title (relating to West Texas Maintenance Area), and the East Texas Maintenance Area, as provided in §3.705 of this title (relating to East Texas Maintenance Area) have been declared eradicated areas by the commissioner.(c) The department will recognize as eradicated any areas outside of Texas that are declared eradicated by that state's department of agriculture if that state's definition of an eradicated area is equivalent to the definition of an eradicated area in §20.1 of this chapter (relating to Definitions).(d) The department has determined that the definitions of an eradicated area of the New Mexico and Oklahoma departments of agriculture are equivalent to the definition of an eradicated area in §20.1 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §20.14 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective October 7, 2004, 29 TexReg 9353; amended to be effective January 1, 2016, 40 TexReg 9625; amended to be effective June 4, 2020, 45 TexReg 3619; amended to be effective March 5, 2023, 48 TexReg 1033; amended to be effective September 26, 2023, 48 TexReg 5539.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.15"><num value="20.15">§20.15</num><heading>Regulated Articles</heading><content>(a) The quarantined pest as defined in §20.10 of this chapter (relating to Quarantined Pest).(b) Cotton harvesting equipment and other equipment associated with the production and transport of cotton, including, but not limited to the following:(1) harvest equipment:(A) cotton pickers;(B) cotton strippers; or(C) other mechanical harvesting equipment;(2) handling and transport equipment:(A) module builders;(B) module hauling equipment;(C) boll buggies; and(D) any other equipment or vehicles associated with cotton harvest;(3) miscellaneous associated equipment:(A) trucks (to include service trucks, parts trucks, and harvesting equipment trucks);(B) flatbed trailers, portable living quarters, and fuel and all other support vehicles; and(C) tractors, shredders, plows, discs, and other equipment associated with stalk destruction activities which have regulated articles present; and(4) vehicles used to remove and/or transport cotton products.(c) Gin equipment previously used for the ginning of cotton.(d) Cotton products as defined in §20.1 of this chapter.(e) Cotton as defined in Texas Agriculture Code, Section 74.002.(f) All other products, articles, or means of conveyance not covered above when the quarantined pest is present.</content><note type="source"><p>Source Note: The provisions of this §20.15 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.16"><num value="20.16">§20.16</num><heading>Restrictions</heading><content>(a) General. Movement of regulated articles is prohibited in the following cases:(1) from or through a quarantined area to an eradicated area, a functionally eradicated area, or a suppressed area;(2) from or through a suppressed area to an eradicated area or a functionally eradicated area;(3) from or through a functionally eradicated area to an eradicated area;(4) when the department determines that the movement may cause an increase in infestation of boll weevil; or(5) from an area infested with the boll weevil if the area is not participating in the boll weevil eradication program.(b) Exemptions. The following are exempt from the requirements of this subchapter if the regulated article is originating from an area participating in the boll weevil eradication program:(1) cotton seed and vehicles transporting the seed;(2) baled cotton, baled gin motes and linters and vehicles transporting baled cotton and baled gin motes and linters; and(3) manufactured cotton products.(c) Exceptions. The following are exceptions to the restrictions in subsection (a) of this section if the regulated article is originating from an area participating in the boll weevil eradication program:(1) Cotton harvesting equipment and other equipment associated with the production and transport of cotton as well as used gin equipment, otherwise prohibited from movement by these rules, may be moved to or through a restricted area provided the equipment is accompanied by a certificate of inspection certifying freedom of hostable material, seed cotton and boll weevils in any stage of development, and has been treated in one of the following manners:(A) physical removal of hostable material and seed cotton including, but not limited to, the following methods:(i) removal by hand;(ii) high-pressure air cleaning; or(iii) high pressure washing; or(B) fumigation of regulated articles as prescribed by the department.(2) Cotton products and other regulated articles, otherwise prohibited from movement by these rules, may be transported to or through a restricted area provided that the producer, transporter, ginner, or other responsible party has implemented a protection plan approved by the department and operates under the conditions of a compliance agreement established with the department.</content><note type="source"><p>Source Note: The provisions of this §20.16 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective July 26, 2007, 32 TexReg 4547; amended to be effective February 6, 2014, 39 TexReg 483; amended to be effective September 1, 2019, 44 TexReg 4475.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scB/s20.17"><num value="20.17">§20.17</num><heading>Inspections and Certificates</heading><content>(a) Inspections. An inspection for movement of regulated articles may be obtained upon request to the department.(b) Certificates.(1) An inspection certificate may be issued certifying the movement of regulated articles in compliance with these rules for the current growing season, if an authorized representative of the department determines:(A) that adequate measures have been taken to ensure that there will be little or no danger of increased infestation of the quarantined pest or expansion of a regulated area by such movement;(B) that the articles have been treated to eliminate infestation of the quarantined pest, for a specific location; or(C) that such movement will not result in the spread or increased infestation of the quarantined pest.(2) Any certificate may be withdrawn or cancelled if an authorized representative of the department determines that the use of the issued certificate may result in the spread of the quarantined pest.</content><note type="source"><p>Source Note: The provisions of this §20.17 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective September 1, 2019, 44 TexReg 4475; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c20/scC"><num value="C">SUBCHAPTER C</num><heading>STALK DESTRUCTION PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c20/scC/s20.20"><num value="20.20">§20.20</num><heading>Pest Management Zones</heading><content>(a) Establishment. The department may establish a geographical zone of all or part of one or more counties to control or prevent the spread of cotton pests.(1) A petition for establishment or change of zone boundaries of a pest management zone will be considered if submitted by: a certified cotton producer organization within the pest management zone; a County Extension Agriculture Committee; a county Farm Service Agency (FSA) Committee; an established agriculture business that is representative of the proposed pest management zone; or any other established business or non-profit organization as approved by the department.(2) A recommendation for change of a pest management zone's boundaries will also be considered by the department if approved by majority vote of the pest management zone's Cotton Producer Advisory Committee and so documented in the meeting minutes.(b) Zones. Established zones include the following counties:(1) Zone 1. Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Willacy, Zapata and the southern part of Kenedy County encompassing the area below an east-west line through Katherine and Armstrong, Texas.(2) Zone 2. Aransas, Bee, Calhoun, Duval, Goliad, Jim Wells, Kleberg, LaSalle, Live Oak, McMullen, Nueces, Refugio, San Patricio, Victoria, Webb, and the northern portion of Kenedy County encompassing the area above an east-west line through Katherine and Armstrong, Texas.(3) Zone 3. Austin, Brazoria, Chambers, Colorado, Fayette, Fort Bend, Galveston, Gonzales, Harris, Jackson, Jefferson, Lavaca, Liberty, Matagorda, Orange, Waller, and Wharton.(4) Zone 4. Atascosa, Bexar, DeWitt, Dimmit, Frio, Karnes, Kinney, Maverick, Medina, Uvalde, Val Verde, Wilson, and Zavala.(5) Zone 5. Bastrop, Burnet, Caldwell, Comal, Guadalupe, Hays, Lee, Milam, Travis, and Williamson.(6) Zone 6. Anderson, Angelina, Brazos, Burleson, Cherokee, Grimes, Hardin, Houston, Jasper, Leon, Madison, Montgomery, Nacogdoches, Newton, Panola, Polk, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Trinity, Tyler, Walker, and Washington.(7) Zone 7. Bell, Bosque, Coryell, Ellis, Falls, Freestone, Hamilton, Henderson, Hill, Hood, Johnson, Lampasas, Limestone, McLennan, Navarro, and Somervell.(8) Zone 8. Pecos, Reeves, and Ward.(9) Zone 9. El Paso County and that portion of Hudspeth County bounded by Interstate Highway 10 on the north, the El Paso County line on the west, the Rio Grande River on the south, and a line from old Fort Quitman, north along Highway 34 to Interstate 10 on the east.</content><note type="source"><p>Source Note: The provisions of this §20.20 adopted to be effective September 2, 1996, 21 TexReg 7969; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective March 26, 2006, 31 TexReg 2143; amended to be effective July 19, 2007, 32 TexReg 4383; amended to be effective September 13, 2018, 43 TexReg 5773; amended to be effective October 17, 2022, 47 TexReg 6825.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scC/s20.21"><num value="20.21">§20.21</num><heading>Cotton Producer Advisory Committees</heading><content>(a) Each pest management zone shall be governed by a Cotton Producer Advisory Committee. Producer representation of counties within the zone shall be based on the previous year's total certified cotton production acreage in each county as follows:(1) one to 25,000 acres = one representative;(2) 25,001 to 50,000 acres = two representatives;(3) 50,001 to 75,000 acres = three representatives;(4) 75,001 to 100,000 acres = four representatives;(5) 100,001 to 125,000 acres = five representatives;(6) 125,001 to 150,000 acres = six representatives;(7) 150,001 to 175,000 acres = seven representatives;(8) 175,001 to 200,000 acres = eight representatives;(9) 200,001 to 225,000 acres = nine representatives; and(10) more than 225,001 acres = ten representatives.(b) The commissioner shall appoint the producer members of the Cotton Producer Advisory Committee for a term of four years expiring on December 31 of the fourth year. Appointees may be selected from a pool of nominees submitted by a certified cotton producer organization within the pest management zone, or nominees may be submitted for each individual county by: a County Extension Agriculture Committee; a county FSA Committee; an established agriculture business that is representative of the entire county; or any other established business or non-profit organization as designated by the department.(c) A producer advisory committee member must be an active producer or a resident landowner of land in cotton production in the county they will represent. A committee member may be re-appointed for consecutive terms.</content><note type="source"><p>Source Note: The provisions of this §20.21 adopted to be effective September 2, 1996, 21 TexReg 7969; amended to be effective June 4, 2020 45 TexReg 3619.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scC/s20.22"><num value="20.22">§20.22</num><heading>Stalk Destruction Requirements</heading><content>(a) Deadline and methods. From the destruction deadline until the end date for destruction requirements, all cotton plants in a Pest Management Zone shall be non-hostable. Enforcement of destruction requirements begins on the day immediately following the destruction deadline date. Additional requirements for stalk destruction are as follows:(1) Zone 8--All cotton plants shall be shredded.(2) Zone 9--All cotton plants shall be shredded; also, the field shall be:(A) Plowed, with soil being tilled to a depth of six or more inches; or(B) Flood irrigated, following shredding of the plants, with sufficient irrigation applied to wet all soil. When flood irrigation is elected:(i) In advance of the irrigation date, the department shall be notified in writing of intent to flood irrigate (specifying the field's location, FSA Farm Number, FSA Tract Number, FSA Field Number, a contact person and a contact phone number).(ii) A copy of irrigation records shall be presented for inspection during normal working hours, within 5 working days, if so requested in writing by the department.(3) The destruction deadlines and end date for destruction requirements for cotton plants in each Pest Management Zone are prescribed as follows:Attached Graphic(b) Deadline extensions.(1) The department may, on written request by a farm owner and/or operator, grant an extension of the cotton destruction deadline in any pest management zone. Requests for extensions in any zone may be granted for the reasons listed in subparagraphs (A) - (E) of this paragraph:(A) research conducted inside a sealed greenhouse or lab;(B) weather factors;(C) illness;(D) mechanical failure; or(E) other good cause.(2) The department may grant a blanket extension of the destruction deadline covering an entire cotton stalk destruction zone or a portion of an entire zone in any one of the following circumstances: (A) in response to a written request by the cotton producer advisory committee, in a given zone authorized and signed by a majority of the committee members;(B) in response to a written request by the chairman of the cotton producer advisory committee, or his designee, on behalf of the committee; or(C) in response to a significant number of individual written requests for individual extensions from cotton producers in a given zone as the result of an extreme weather event such as prolonged periods of heavy rain, prolonged periods of drought, a tropical storm, a hurricane, or other such extreme weather event.(3) A blanket extension may be implemented at the department's own initiative if a zone or other area experiences a serious unforeseen condition that prevents the department from surveying fields for compliance or which clearly makes compliance by a substantial majority of producers impossible.(4) Request forms may be obtained from any of the following locations within a cotton pest management zone:(A) County Extension office;(B) Farm Service Agency office; or(C) Texas Department of Agriculture.(5) Failure to complete the form entirely may result in denial of the request.(6) Submission of extension requests:(A) All requests for blanket or individual extensions must be hand-delivered to the department or submitted by mail, email, or fax, and be postmarked or electronically date-stamped by the department no later than the end of the date of the deadline.(B) Late submission of an extension request may result in its denial.(c) Enforcement suspensions.(1) The department may temporarily suspend cotton stalk destruction deadline enforcement activities in a zone or portion thereof, due to conditions that temporarily prevent enforcement activities.(2) During an enforcement suspension, for the zone or portion thereof under suspension, no new violations of the cotton stalk destruction deadline will be documented; compliance deadlines for previously recorded violations of the deadline will not advance; and penalty periods related to the deadline will not accrue.(3) At the end of the enforcement suspension, all suspended activities and processes will resume, at the point where they had left off.(d) Cotton in a zone must be in compliance with the respective stalk destruction requirements and may not be planted after the stalk destruction deadline until the earliest planting date listed in the table in subsection (a) of this section.(e) At the end date of destruction requirements listed in the table in subsection (a) of this section, the requirement to destroy original growth, regrowth, or volunteer cotton from the previous crop year shall end for original growth, regrowth, or volunteer cotton that occurs in a commercial cotton field. Violations arising in a zone prior to the end date for destruction requirements will be pursued, but penalties shall cease to accrue on the end date for destruction requirements.(f) Cotton covered by a noncommercial cotton permit issued by the department shall be exempt from the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §20.22 adopted to be effective September 2, 1996, 21 TexReg 7969; amended to be effective March 27, 1997, 22 TexReg 2869; amended to be effective August 11, 1998, 23 TexReg 8037; amended to be effective January 26, 2000, 25 TexReg 378; amended to be effective August 27, 2000, 25 TexReg 8024; amended to be effective June 13, 2001, 26 TexReg 4081; amended to be effective April 4, 2002, 27 TexReg 2433; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective January 12, 2004, 29 TexReg 358; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective October 7, 2004, 29 TexReg 9353; amendedto be effective March 26, 2006, 31 TexReg 2143; amended to be effective July 9, 2006, 31 TexReg 5279; amended to be effective July 19, 2007, 32 TexReg 4383; amended to be effective September 14, 2008, 33 TexReg 7513; amended to be effective January 25, 2009, 34 TexReg 413; amended to be effective September 1, 2009, 34 TexReg 5897; amended to be effective September 1, 2011, 36 TexReg 5200; amended to be effective April 8, 2015, 40 TexReg 1967; amended to be effective September 13, 2018, 43 TexReg 5773; amended to be effective October 17, 2022, 47 TexReg 6825.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c20/scD"><num value="D">SUBCHAPTER D</num><heading>REGULATION OF VOLUNTEER AND OTHER NONCOMMERCIAL COTTON; HOSTABLE COTTON FEE</heading><section identifier="/us/state/tx/tac/t4/p1/c20/scD/s20.30"><num value="20.30">§20.30</num><heading>Hostable Cotton in Commercial Cotton Fields</heading><content>(a) Hostable Commercial Cotton Fee. Hostable unharvested cotton, hostable harvested cotton, or hostable volunteer or other hostable noncommercial cotton, including regrowth, found in a commercial cotton field after the cotton destruction deadline or any extension of the destruction deadline, may be subject to a hostable commercial cotton fee.(b) Grace period. Upon discovery of hostable volunteer or other noncommercial cotton in a commercial cotton field, the department will give notice to the grower or landowner to destroy the hostable volunteer or hostable regrowth cotton within a seven-day grace period after the date notice is given. If weather conditions prevent destruction of the cotton within the seven-day grace period, the grower or landowner may, before the end of the seven-day grace period submit a request for an extension of the grace period.(c) Fee rates for boll weevil quarantined areas. In a boll weevil quarantined area, as established by §20.11 of this chapter (relating to Quarantined Areas) in conjunction with §§20.12 - 20.14 of this chapter (relating to Suppressed Areas, Functionally Eradicated Areas, and Eradicated Areas):(1) For fields containing planted stalks that remain undestroyed, the hostable commercial cotton fee is calculated at:(A) $10.00 per acre for each full or partial week through the end of the fifth week after the destruction deadline or any approved extension of the destruction deadline; and(B) $15.00 per acre for each full or partial week beginning with the sixth week after the date of the destruction deadline or any approved extension of the destruction deadline.(2) For fields that contain only hostable volunteer or hostable regrowth cotton, the hostable commercial cotton fee is calculated at:(A) $5.00 per acre for each full or partial week through the end of the fifth week after the end of the seven-day grace period or an approved extended period provided for subsection (b) of this section; and(B) $7.50 per acre for each full or partial week beginning with the sixth week after the end of the seven-day grace period or an approved extended period provided for in subsection (b) of this section.(d) Fee rates for boll weevil suppressed, functionally eradicated, or eradicated areas. In a boll weevil suppressed, functionally eradicated or eradicated area, as established by §§20.12 - 20.14 of this chapter in conjunction with §20.11 of this chapter:(1) For fields containing planted stalks that remain undestroyed, the hostable commercial cotton fee is calculated at:(A) $5.00 per acre for each full or partial week through the end of the fifth week after the destruction deadline or any approved extension of the destruction deadline; and(B) $7.50 per acre for each full or partial week beginning with the sixth week after the date of the destruction deadline or any approved extension of the destruction deadline.(2) For fields that contain only hostable volunteer or hostable regrowth cotton, the hostable commercial cotton fee is calculated at:(A) $5.00 per acre for each full or partial week through the end of the fifth week after the end of the seven-day grace period or an approved extended period provided for in subsection (b) of this section; and(B) $7.50 per acre for each full or partial week beginning with the sixth week after the end of the seven-day grace period or an approved extended period provided for in subsection (b) of this section.(e) Payment of fees. A hostable commercial cotton fee must be received on or before the 45th day after the date the department gives notice to the cotton grower that the fee is due.(1) Notice is given under this section on the date:(A) the notice is personally delivered to the person owing the fee or to any agent, of the person owing the fee, who typically receives business correspondence on behalf of that person; or(B) if mailed, three days after the date the notice is mailed to the person owing the fee or to any agent, of the person owing the fee, who typically receives business correspondence on behalf of that person.(2) An administrative penalty for each day payment is delinquent may be assessed against a person who fails to pay the fee required by this section in a timely manner.(3) In addition to administrative penalties, the department is also authorized to destroy, or contract for the destruction of, any hostable cotton for which the applicable fee has not been paid. If it becomes necessary for the department to contract with someone to destroy the hostable cotton, the cotton grower must reimburse the department for 150% of the actual costs required for destruction. If a cotton grower does not reimburse the department within 30 days after the date the department or contractor completes destruction or the date the department issues a bill requesting payment, whichever is later, the department may place a lien against the property on which the hostable cotton was located.</content><note type="source"><p>Source Note: The provisions of this §20.30 adopted to be effective September 1, 2009, 34 TexReg 5897; amended to be effective February 25, 2014, 39 TexReg 1119; amended to be effective September 1, 2019, 44 TexReg 4475; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c20/scD/s20.31"><num value="20.31">§20.31</num><heading>Hostable Volunteer and Other Noncommercial Cotton in Locations Other Than Commercial Cotton Fields</heading><content>(a) Cotton grown under a noncommercial cotton permit issued by the department under §3.53 of this title (relating to Notice of Prohibition) is exempt from the requirements of this section.(b) Except as provided by subsection (a) of this section, volunteer and other noncommercial cotton shall be destroyed by the grower or landowner prior to becoming hostable, if the volunteer or other noncommercial cotton is:(1) in a crop field or other location that is not a commercial cotton field; and(2) in a boll weevil quarantined, suppressed or functionally eradicated area, as established by §§20.11 - 20.13 of this chapter (relating to Quarantined Areas, Suppressed Areas, and Functionally Eradicated Areas) in conjunction with §20.14 of this chapter (relating to Eradicated Areas).(c) Upon discovery of hostable volunteer or other hostable noncommercial cotton, the department will give notice to the grower or landowner, or both the grower and the landowner, to destroy the hostable volunteer or other hostable noncommercial cotton within 14 days after the date notice is given. If weather conditions prevent destruction of the cotton within the 14-day grace period, the grower or landowner may, before the end of the 14-day grace period submit a request for an extension of the grace period.(1) Crop fields. If hostable volunteer or other hostable noncommercial cotton located in a crop field, that is not a commercial cotton field, is not destroyed on or before the 14th day after notice is given, the department or a person designated by the department may monitor and treat the cotton for boll weevil. The monitoring and treatments will continue until the cotton becomes non-hostable.(2) Other locations. If hostable volunteer or other hostable noncommercial cotton not located in a crop field or commercial cotton field is not destroyed on or before the 14th day after notice is given, the department may declare the location a public nuisance, destroy the cotton, and charge the landowner 150% of the actual destruction costs.(d) Hostable Noncommercial Cotton Fee. If hostable volunteer or other hostable noncommercial cotton in a crop field, or other location that is not a commercial cotton field, is not destroyed on or before the 14th day after notice is given or the expiration of an approved extended period, the grower or landowner shall pay a hostable noncommercial cotton fee of $5.00 per acre for each full or partial week until the cotton is destroyed.(1) If hostable volunteer or other hostable noncommercial cotton is present in less than fifty percent of the crop field or other location that is not a commercial cotton field, then the fee will be based on one-half of the total acreage of the crop field or other location that is not a commercial cotton field.(2) Prior to the established destruction deadline listed in §20.22 of this chapter (relating to Stalk Destruction Requirements) for the applicable pest management zone, the total fee per acre shall not exceed the per acre assessment for boll weevil eradication that would be applicable if the location were a commercial cotton field. If hostable noncommercial cotton is present after the date of the destruction deadline or any approved extension of the destruction deadline, the grower or landowner shall pay a hostable noncommercial cotton fee of $5.00 per acre for each full or partial week that shall be in addition to any fees accrued prior to the destruction deadline.(3) Fees will cease to accrue on the earlier of:(A) the date a department inspector finds all hostable volunteer or other hostable noncommercial cotton has been destroyed; or(B) the date the grower or landowner notifies the department that all hostable volunteer or other hostable noncommercial cotton has been destroyed, provided that all hostable volunteer or other hostable noncommercial cotton is found to be destroyed during the first department inspection of the crop field or other location that is not a cotton field after the grower or landowner notifies the department.(e) Notice is given under this section on the date:(1) the notice is personally delivered to the grower or landowner or to any agent, of the grower or landowner, who typically receives business correspondence on behalf of the grower or landowner; or(2) if mailed, three days after the date the notice is mailed to the grower or landowner or to any agent, of the grower or landowner, who typically receives business correspondence on behalf of the grower or landowner.</content><note type="source"><p>Source Note: The provisions of this §20.31 adopted to be effective September 1, 2009, 34 TexReg 5897; amended to be effective November 1, 2011, 36 TexReg 7313; amended to be effective June 14, 2012, 37 TexReg 4184; amended to be effective January 3, 2016, 40 TexReg 9625; amended to be effective March 5, 2023, 48 TexReg 1033.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c21"><num value="21">CHAPTER 21</num><heading>CITRUS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c21/scA"><num value="A">SUBCHAPTER A</num><heading>CITRUS QUARANTINES</heading><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.1"><num value="21.1">§21.1</num><heading>Definitions</heading><content>In addition to the definitions set forth in the Texas Agriculture Code, Chapter 19, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. (1) ACP--Asian citrus psyllid. (2) Breach--Any circumstance that would allow free access by quarantined pests into a facility, container, package or means of conveyance.(3) Budwood--A portion of a stem or branch with vegetative buds used in propagation for budding or grafting; or more generally, any citrus cell, tissue, callus or cutting intended for use in the vegetative propagation of a citrus plant. (4) California Citrus Clonal Protection Program--A program established by the California Department of Food and Agriculture and operated within the University of California system to provide a source of disease-free budwood to the citrus industry. (5) Certified budwood or certified citrus budwood--Budwood produced either in a foundation block, scion block or increase block in accordance with Subchapter C of this chapter (relating to Foundation Block, Scion Block, Increase Block, and Production of Certified Budwood). (6) Certified citrus nursery--A citrus nursery enclosed in a pest exclusionary structure approved by the Department and meeting the requirements of Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program). (7) Certified laboratory--A laboratory accredited to perform disease diagnostics by the National Plant Protection and Laboratory Accreditation Program of the USDA-APHIS-PPQ. (8) Certified citrus nursery facility--A certified citrus nursery containing one or multiple approved pest exclusionary structures at one location. (9) Citrus or citrus plant or citrus tree--Any plant in genus Citrus, Eremocitrus, Microcitrus, Poncirus, or Fortunella including any hybrid, grafted or other plant having parentage in any of those genera; also, Murraya exotica and Murraya paniculata (orange jasmine, orange jessamine or limonaria). (10) Citrus identification plan--A Department approved plan for the identification and tracking of citrus plants produced for the purpose of sale or distribution. (11) Code--The Texas Agriculture Code. (12) Commercial citrus fruit--Citrus fruit that has been cleaned and processed in a commercial facility according to normal packinghouse procedures. (13) Commercial Fruit Production Varieties--The following citrus tree varieties are designated as Commercial Fruit Production Varieties. (A) Grapefruits--"Rio Red;" (B) Valencia oranges--"Standard," "Olinda;" (C) Other oranges--"Marrs;" "Pineapple." (14) CPHST--Center for Plant Health Science and Technology. (15) Department--The Texas Department of Agriculture. (16) Distribute--To supply, sell, deliver, lease, provide, or otherwise transfer possession or ownership of a regulated or quarantined article. (17) Foundation block--A functional unit, regulated by the Department, consisting of one or more citrus trees that meet the requirements for foundation block trees in Subchapter C of this chapter (relating to Foundation Block, Scion Block, Increase Block and the Production of Certified Budwood). (18) Horticulturally true to type--Conformance by a plant to the description of the particular variety from which it is genetically descended.(19) Increase block--A functional unit, certified and regulated by the Department, consisting of one or more trees propagated using certified budwood from foundation block or scion block trees to rapidly multiply propagative material that is grown in accordance with Subchapter C of this chapter (relating to Foundation Block, Scion Block, Increase Block, and the Production of Certified Budwood). (20) Lot--A group of trees of one or assorted cultivars that are kept together, tagged, or labeled for identification purposes and held separated from other trees. (21) Noncommercial Citrus Varieties--All varieties of citrus that are not defined in this section as Commercial Fruit Production Varieties.(22) Non-rebuttable presumption--A presumption that cannot be challenged with evidence. (23) Pest or plant pest--Any living stage of any non-human organism that can directly or indirectly injure, cause damage to, or cause disease in a plant. (24) Produce--To propagate a plant by any sexual or asexual means, including but not limited to by seed, rooted cutting, budding, grafting or tissue culture. (25) Propagative material--Any plant or part of a plant, including seed, or plant tissue intended for use in the propagation of citrus nursery stock or other plant that is identified as a quarantined article in §21.5 of this chapter (relating to Quarantined Articles). (26) Rebuttable presumption--A disputable presumption or a presumption which may be challenged with evidence. (27) Regulated article--Any citrus plant grown for the purpose of sale or distribution. (28) Retail buyer--A person who receives a regulated article other than for the purpose of resale. (29) Rootstock--A plant or plant part produced for use as the recipient understock in budding or grafting. (30) Scion tree--A citrus tree grown from budwood taken from a registered foundation tree, maintained in a scion tree block in a certified facility of a certified citrus nursery, and registered with the Department as a source of budwood. Scion trees shall meet all the requirements for foundation or source trees.(31) Seize or Seizure--To take official control of a regulated or quarantined article either determined to have been transported or carried from a quarantined area in violation of a quarantine or determined to be infected with a disease or insect pest, at any stage of development, dangerous to a citrus plant, citrus plant product, or citrus substance, without regard to whether the citrus plant, citrus plant product, or citrus substance comes from an area known to be infested. (32) Source tree--A citrus tree that has met all requirements in this chapter for use as a source of budwood or propagative material, i.e., a scion tree, increase tree, foundation tree or seed source tree. (33) Transport--Carry, move, or transfer by motor vehicle, railcar, boat or other conveyance licensed or otherwise authorized for use on a road, railway, airway, highway or waterway of the United States or an individual state. (34) USDA-APHIS-PPQ--United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine. (35) Vegetative propagation--Any type of propagation that does not include sexual recombination, including but not limited to budding, cell culture, grafting, rooted cuttings, and air-layering.</content><note type="source"><p>Source Note: The provisions of this §21.1 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.2"><num value="21.2">§21.2</num><heading>Quarantined Pests and Diseases</heading><content>For the purposes of Subchapter A of this chapter, the following plant diseases, insects and other pests are quarantined: (1) Diseases. The quarantined diseases are listed in this table: Attached Graphic(2) Insects and mites. The quarantined insects and mites are listed in this table: Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §21.2 adopted to be effective September 2, 1996, 21 TexReg 7973; amended to be effective July 16, 2003, 28 TexReg 5529; amended to be effective June 29, 2010, 35 TexReg 5523.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.3"><num value="21.3">§21.3</num><heading>Quarantined Areas</heading><content>The quarantined areas are all areas outside of Texas.</content><note type="source"><p>Source Note: The provisions of this §21.3 adopted to be effective September 2, 1996, 21 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.4"><num value="21.4">§21.4</num><heading>Citrus Zone</heading><content>For the purposes of these regulations, the following counties are considered the citrus zone within Texas: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, and Zapata.</content><note type="source"><p>Source Note: The provisions of this §21.4 adopted to be effective September 2, 1996, 21 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.5"><num value="21.5">§21.5</num><heading>Quarantined Articles</heading><content>(a) Quarantined articles include the quarantined pests; any living or non-living rootstock, leaf, root, stem, limb, twig, fruit, seed, seedling or other part of any plant in the botanical family Rutaceae, subfamily Aurantioideae (including the genera Aegle, Aeglopsis, Afraegle, Atalantia, Balsamocitrus, Bergera, Burkillanthus, Calodendrum, Choisya, X Citrofortunella, Citropsis, Citrus, Clausena, Clymenia, Eremocitrus, Feronia, Feroniella, Fortunella, Glycosmis, Hesperethusa, Limnocitrus, Limonia, Luvunga, Merope, Merrillia, X Microcitronella, Microcitrus, Micromelum, Monanthocitrus, Murraya, Naringi, Oxanthera, Pamburus, Paramignya, Pleiospermium, Poncirus, Severinia, Swinglea, Tetradium, Toddalia, Triphasia, Vepris, Wenzelia and Zanthoxylum, and any hybrid thereof); and any article carrying or capable of carrying the quarantined plant pests or diseases. (b) Exceptions: Any article covered under subsection (a) of this section that is intended only for consumption as food is not a quarantined article with respect to this subchapter, if the article: (1) has been desiccated and ground, chopped or otherwise finely divided; or(2) consists of one or more detached mature leaves that prior to entering Texas have been made and maintained in compliance with all applicable USDA-APHIS-PPQ requirements and restrictions.</content><note type="source"><p>Source Note: The provisions of this §21.5 adopted to be effective September 2, 1996, 21 TexReg 7973; amended to be effective May 3, 2006, 31 TexReg 3529; amended to be effective June 29, 2010, 35 TexReg 5523; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.6"><num value="21.6">§21.6</num><heading>Restrictions</heading><content>(a) General.(1) In addition to any other applicable restrictions imposed by regulations adopted under Chapter 71 of the Code, quarantined articles may not be transported into Texas except as outlined in subsections (b) and (c) of this section. Legible and complete records sufficient to document compliance with all requirements in this section shall be kept, maintained, accessible, and made available for inspection during normal business hours for a time period no less than four years.(2) Quarantined articles from areas of Texas outside of the citrus zone may not be transported into the citrus zone except:(A) if approved by the Department under the conditions of a compliance agreement or a special permit issued by the Department for research, for testing of official regulatory samples, or for use in the production of parasites, predators or pathogens of a quarantined pest or other purpose deemed necessary by the department; or(B) if the citrus nursery tree is propagated, treated and transported in accordance with §21.84 of this chapter (relating to Movement of Citrus Plants into the citrus zone or Out of an Area Quarantined for Citrus Greening).(b) Required Labeling.(1) In addition to the requirements in this Subchapter A, any citrus nursery stock sold, moved or distributed into or within an area quarantined for citrus greening must have attached to the article or to the container of the article, a permanent and weatherproof tag or label in a clear and legible format no less than 14-point font bearing the exact words:(A) "PROHIBITED FOR MOVEMENT OUTSIDE OF QUARANTINED AREA Penalty for Violation, Texas Department of Agriculture: TexasAgriculture.gov;" and(B) "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2015 or AUG012015 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.(2) Citrus nursery stock that is not in or intended for movement into a citrus greening quarantined area shall not be labeled as described in paragraph (1)(A) of this subsection.(3) Citrus nursery stock labeled or tagged according to paragraph (1)(A) of this subsection that is offered for retail sale in an area that is not quarantined for citrus greening may be subject to seizure until documentation is provided that the nursery stock has not been in a citrus greening or citrus canker quarantine area.(c) Budwood. Budwood may be shipped into Texas, including the citrus zone, from any state or from outside of the United States, in accordance with §21.40 of this chapter (relating to Importing Out-of-State Budwood).(d) Exemption. Commercial citrus fruit and citrus seed treated as prescribed in the USDA Treatment Manual in T203-p, having to do with seeds of citrus (Rutaceae family) to prevent pest transmission are exempt from the requirements set forth in this Subchapter A, Citrus Quarantines.</content><note type="source"><p>Source Note: The provisions of this §21.6 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.7"><num value="21.7">§21.7</num><heading>Treatment Requirements</heading><content>(a) Treatments for regulated articles intended for sale, distribution or movement out of an area quarantined for citrus pests and disease or out of the state of Texas shall be as provided in 7 CFR §301.76, and as specified 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 USDA-APHIS-PPQ.(b) Treatments for regulated articles intended for intrastate Texas sale, distribution or movement that do not involve leaving an area quarantined for citrus pests shall be using active ingredients approved in the USDA Treatment Manual, in D301.76(b), having to do with treatment of citrus nursery stock and related hosts for control of ACP. Required treatments are:(1) Residual treatment. Treatment shall consist of application of a soil drench, in-ground granular chemical or other soil-applied formulation of a systemic insecticide. The active ingredient must be dinotefuran, imidacloprid or another active ingredient in the USDA Treatment Manual. Application schedule must be either:(A) treat 20-40 days prior to movement of article; or(B) reapply up to the date of movement, if previously treated 20-90 days prior to movement; and(2) Foliar spray.(A) Apply an appropriately labeled foliar spray formulation including an active ingredient listed in the USDA Treatment Manual prior to movement.(B) Apply the foliar spray no more than 14 days prior to movement.(c) Treatments must be made with formulations labeled for use in citrus to control ACP. Treatments must be applied according to the EPA label, including, but not limited to, application directions, restricted entry interval (REI), preharvest interval (PHI) and Worker Protection Standards (WPS). Application of a restricted use pesticide must be made according to applicable Department and EPA pesticide regulations; a pesticide applicator's license and additional recordkeeping are required.(d) Inspection of regulated articles for ACP must be made within 72 hours prior to shipping. No ACP may be present at any time on the regulated articles, including at the time of movement.(e) If any maximum treatment period specified under subsection (b) of this section expires before all regulated articles at a Class 2, 3 or 4 nursery have been sold, distributed or moved, the required treatment shall be re-applied, as necessary. No regulated article at a Class 2, 3 or 4 nursery that is not compliant with all applicable treatment requirements may be sold, distributed, or moved.(f) All regulated articles at any nursery must be kept free of ACP and all other pests, as required in §22.2 of this title (relating to Application).(g) Commercial citrus fruit and citrus seed treated as prescribed in the USDA Treatment Manual in T203-p, having to do with seeds of citrus (Rutaceae family) to prevent pest transmission are exempt from the requirements set forth in this Subchapter A, Citrus Quarantines.</content><note type="source"><p>Source Note: The provisions of this §21.7 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.8"><num value="21.8">§21.8</num><heading>Violations and Penalties</heading><content>(a) In addition to violations that may arise under the Code or this chapter, violations listed under §19.7 of this title (relating to Violations and Penalties) are applicable to citrus quarantines.(b) Any violation of this chapter may result in civil and/or criminal penalties. In addition, the Department may revoke a certificate, and/or assess administrative penalties as prescribed in §12.020 of the Texas Agriculture Code, against any person for a violation of these rules.</content><note type="source"><p>Source Note: The provisions of this §21.8 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.9"><num value="21.9">§21.9</num><heading>Labeling Requirements and Non-rebuttable Presumption</heading><content>(a) General.(1) Each regulated article sold, distributed or transported within this state or grown for the purpose of sale or distribution shall have attached to the article, or to the container in which the article is planted, a waterproof tag or label upon which is legibly printed in permanent lettering the words "Produced in Texas" or "Produced in TX" and the Texas Nursery/Floral certificate number of the business location where the regulated article was produced for sale or distribution.(2) Unless satisfactory records that readily identify the articles as having been produced in Texas are provided, the absence of a tag or label required by this subsection creates a non-rebuttable presumption that the regulated article is a quarantined article and shall be destroyed in accordance with the applicable provisions of §71.0091 of the Code.(3) A regulated article with a tag or label required by this subsection that is determined by the inspector or other agent of the Department to have not been produced at the Texas business location represented by the registration number on the tag or label shall be seized and may be destroyed pursuant to §21.10(g) of this chapter (relating to Record Keeping; Rebuttable Presumption and Seizure), in accordance with the applicable provisions of §71.0091 of the Code.(4) The presence of a tag or label attached to a citrus plant, or to a container in which the citrus plant is planted, that states that the citrus plant did not originate in Texas, including "product of," "produced in," "originated in," or "grown in" any geographic area outside of Texas, creates a non-rebuttable presumption that the citrus plant is in violation of this section and shall be destroyed in accordance with the applicable provisions of §71.0091 of the Code.(b) Citrus plants intended for sale or distribution must have attached to each article or to the container in which the article is planted, a waterproof tag or label clearly identifying in permanent lettering the application date of the soil drench or in-ground granular systemic insecticide mandated in this section as "TREATMENT DATE: MM/DD/YYYY." The date format may be provided in another format such as 01AUG2017 or AUG012017 that identifies the date of the required pre-shipment soil drench or soil incorporated treatment.(c) Each failure to comply with a requirement of this section constitutes a separate violation for which an administrative penalty may be assessed and each day a violation continues or occurs may be considered a separate violation.(d) Exemptions.(1) Identification. In lieu of identification tags during production, a nursery may develop a regulated article identification plan, as approved by the Department that defines procedures and methods used to identify the regulated articles under production at the location. Identification tags, as provided in this section, will be required once the regulated articles are sold or distributed.(2) Citrus nursery stock grown in a certified citrus nursery in accordance with Subchapter D of this chapter, is exempt from the labeling requirements in subsection (b) of this section when the citrus nursery stock:(A) is sold, moved or distributed to another certified citrus nursery; or(B) is intended for planting for commercial fruit production.(3) Budwood.(A) The original propagation record identifying the source tree of budwood must be maintained as required in §21.10 of this chapter (relating to Record Keeping; Rebuttable Presumption; and Seizure) and made available to the Department upon request to verify the tree was produced in Texas.(B) The labeling of budwood for sale is specified in §21.33 of this chapter (relating to Labeling and Handling of Budwood Produced in Foundation Block).(4) Retail buyers and end users are exempt from the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §21.9 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scA/s21.10"><num value="21.10">§21.10</num><heading>Record Keeping; Rebuttable Presumption; and Seizure</heading><content>(a) Each lot of regulated articles sold, transported or distributed within this state shall have a unique identifying number and be accompanied by an invoice, receipt, or other document(s) containing the following information:(1) the identifying number of each lot of the regulated articles;(2) the name, address, and telephone number of the producer of the regulated articles;(3) if in transit, the name, address, and telephone number of the person to whom the regulated articles are to be delivered; and(4) the genus or widely recognized common name of the regulated article(s) and the number of individual regulated articles distributed or transported.(b) A copy or copies of the document(s) required by subsection (a) of this section shall be provided to each person, other than a retail buyer, receiving all or a portion of the lot of regulated articles.(c) A person, other than a retail buyer, shall not accept a distribution of regulated articles from any person unless accompanied by the documentation required by subsection (a) and/or subsection (b) of this section.(d) Any person or organization who produces, sells, leases, or offers for sale or otherwise receives, or holds regulated articles for sale to any business outlet for resale purposes shall maintain a copy or copies of the document(s) required by subsection (a) and/or subsection (b) of this section for a period of at least three years after the sale or other distribution of the regulated article. Copies of the documents are not required to be maintained by the end user (grower or homeowner).(e) A person required to maintain records under subsection (d) of this section shall, upon written request of the Department, deliver copies of the records by mail, facsimile, commercial carrier, hand-delivery, electronic or other means during normal business hours.(f) A rebuttable presumption that the regulated articles for which records are to be maintained under subsection (d) of this section constitute quarantined articles is created if:(1) the distributor fails to produce records or copies of records pursuant to a written request under either subsection (e) of this section or this subsection; or(2) a regulated article with a tag or label required by this subchapter does not correspond with the records required to be maintained under subsection (d) of this section.(g) Regulated articles deemed quarantined articles under subsection (f) of this section shall be seized by the Department and shall not be further distributed without the written permission of the Department.(1) The Department shall hand-deliver notice of seizure order to the owner, or a representative of the owner at least 18 years of age, at the owner's place of business, listing the number and description of the regulated articles seized, stating the reason for seizure and the time period for rebutting the presumption set forth in subsection (f) of this section, and bearing the signature of the Department's inspector or representative seizing the regulated articles.(2) The presumption that regulated articles are quarantined articles may be rebutted by providing:(A) adequate documentation or other assurances regarding the state and country of origin of the regulated articles and the chain of custody of the regulated articles from origin to the person affected by the order; or(B) an adequate demonstration that the plants or plant products do not or cannot host a plant pest or plant disease for which a quarantine has been imposed under either state or federal law.(h) For each treatment applied pursuant to §21.6(b) of this chapter (relating to Restrictions), records shall be maintained by the nursery for four years following the last treatment date for a given lot of regulated articles. Required records for each mandatory treatment shall include, but are not limited to:(1) The lot numbers of plants treated;(2) The pesticides applied, including application dates;(3) EPA registration number of each product used;(4) Application rate and method of treatment; and(5) Name of applicator.(i) The nursery shall make available all required records to the Department upon request for inspection.(j) Each failure to comply with a requirement of this section constitutes a separate violation for which an administrative penalty may be assessed and each day a violation continues or occurs may be considered a separate violation.</content><note type="source"><p>Source Note: The provisions of this §21.10 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c21/scB"><num value="B">SUBCHAPTER B</num><heading>CITRUS QUALITY</heading><section identifier="/us/state/tx/tac/t4/p1/c21/scB/s21.20"><num value="21.20">§21.20</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapters 94 and 95, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.(1) Anhydrous citric acid--Anhydrous citric acid in grapefruit or orange juice is equal to the total acidity of the juice, which is determined by titration using standard alkali and phenolphthalein as the indicator.(2) Handled--To prepare, receive, or deliver for sale or transportation, transport, sell or offer for sell.(3) Soluble solids--The percentage of soluble solids in grapefruit or orange juice shall be determined by using a Brix hydrometer. The reading of the hydrometer corrected for temperature is the percent of soluble solids.</content><note type="source"><p>Source Note: The provisions of this §21.20 adopted to be effective September 6, 1996, 21 TexReg 8097.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scB/s21.21"><num value="21.21">§21.21</num><heading>Standards</heading><content>All citrus fruit handled and/or sold within the state of Texas must be mature and fit for consumption. Fruit are considered mature and fit for consumption if the following conditions are met:(1) Grapefruit:(A) minimum ratio of soluble solids to anhydrous acid:Attached Graphic(B) minimum juice requirement (in cubic centimeters) as it relates to fruit size:Attached Graphic(2) Oranges: (A) minimum ratio of soluble solids to anhydrous citric acid:Attached Graphic(B) minimum juice requirement (in cubic centimeters) as it relates to fruit size:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §21.21 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective July 16, 2003, 28 TexReg 5529; amended to be effective January 3, 2018, 42 TexReg 7579.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scB/s21.22"><num value="21.22">§21.22</num><heading>Fees</heading><content>A person who sells or ships grapefruit after July 31 and before December 2 of a year, or early or midseason oranges after July 31 and before November 2 of a year, shall pay to the department a maximum inspection fee of:(1) 2.5 cents per one standard box that is sold, transported, or delivered for transportation;(2) 1.5 cents per one-half standard box, or other container that is on-half the size of a standard container, that is sold, transported, or delivered for transportation; or(3) 2.5 cents per 80-pound lot, or portion of an 80-pound lot, that is sold, or transported in bulk.</content><note type="source"><p>Source Note: The provisions of this §21.22 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective May 18, 2000, 25 TexReg 4317.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scB/s21.23"><num value="21.23">§21.23</num><heading>Violations and Penalties</heading><content>In addition to any other violations that may arise under the act or this chapter:(1) It is a violation for any person to violate a stop-sale order of the department.(2) Any violation of these rules may be subject to criminal penalty. In addition, the department may assess administrative penalties as prescribed in §12.020 of the Texas Agriculture Code, against any person for a violation of these rules.</content><note type="source"><p>Source Note: The provisions of this §21.23 adopted to be effective September 6, 1996, 21 TexReg 8097.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c21/scC"><num value="C">SUBCHAPTER C</num><heading>FOUNDATION BLOCK, SCION BLOCK, INCREASE BLOCK, AND PRODUCTION OF CERTIFIED BUDWOOD</heading><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.30"><num value="21.30">§21.30</num><heading>Designation of Foundation Block</heading><content>(a) Foundation block status will be considered upon written request to the department. The request must include:(1) A physical description of the proposed site, including location, size, and a map of the land to be used--a copy of the deed or lease to the property must be available upon request by the department;(2) A description of the environmental controls and security measures as outlined in subsection (b) of this section;(3) Identification of the certified laboratory available to perform tests to diagnose diseases listed in this section; and(4) The name and address of the person responsible for the overall operation of the foundation block.(b) A foundation block shall meet the following standards:(1) The soil must support good growth of commonly used citrus rootstock;(2) Adequate environmental controls shall be in place to prevent loss of the block due to adverse environmental conditions such as damaging heat, cold, or wind;(3) Adequate security shall be maintained to protect the budwood from contamination or theft; and(4) Plants must be kept exclusively in an approved structure at a certified citrus nursery as described in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).(c) Approved foundation blocks under the jurisdiction of the Texas A&M University Kingsville Citrus Center are designated as foundation blocks for the state of Texas to provide certified budwood for the production of certified citrus nursery stock and certified increase trees.</content><note type="source"><p>Source Note: The provisions of this §21.30 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.31"><num value="21.31">§21.31</num><heading>Establishment of a Foundation Block</heading><content>(a) The trees in a foundation block shall be established using:(1) Certified budwood or budwood from a certified source tree that has been tested by a certified laboratory no more than 90 days prior to the date budwood is cut and found to be free of tristeza virus, citrus greening disease, exocortis viroid, cachexia viroid, psorosis virus, citrus tatterleaf virus, concave gum, and any other pests of regulatory concern; or(2) Budwood imported directly from the California Citrus Clonal Protection Program, the Bureau of Citrus Budwood Registration of the Florida Department of Agriculture and Consumer Services or the USDA-ARS National Clonal Germplasm Repository for Citrus, when accompanied by documentation certifying that the budwood is free of the diseases listed in paragraph (1) of this subsection.(b) Budwood used to establish a foundation block shall originate from trees that exhibit desirable horticultural true-to-type characteristics for the specified varieties:(1) in accordance with the Citrus Industry Volume I, edited by Reuther, Webber and Batchelor, published by the University of California Division of Agricultural Sciences in 1967;(2) that were developed since publication of The Citrus Industry in accordance with other recognized scientific reviewed publications containing variety release articles; or(3) as determined by review of specific variety information by the director of the Texas A&M University-Kingsville Citrus Center.(c) Each tree planted in a foundation block, shall be assigned a unique source tree identification number consisting of block abbreviation, variety abbreviation, block number, row number, and tree number. A sign, stake, tag or other permanent and waterproof marker shall be used to associate each tree with its unique number.(d) Foundation block trees shall be examined during first fruiting and annually thereafter by a panel of experts designated by the department to verify horticultural characteristics. Any tree not exhibiting desirable horticultural characteristics for the specified variety shall be immediately removed from use as a budwood source.</content><note type="source"><p>Source Note: The provisions of this §21.31 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.32"><num value="21.32">§21.32</num><heading>Maintaining Foundation Block Status</heading><content>(a) Trees in a foundation block must be tested by a certified laboratory to verify that foundation block trees continue to be free of diseases listed in §21.2 of this title (relating to Quarantined Pests and Diseases).(b) At a minimum, the following measures shall be taken to prevent disease contamination from internal or external sources.(1) If one or more foundation block trees become infected with a disease listed in §21.2 of this title, or a vector of such disease, the affected tree(s) must be removed immediately.(2) Tools and equipment used to cut or prune foundation block trees shall be used only in the foundation block and shall be disinfected before use on any other tree, unless:(A) it is impractical to restrict equipment use only to the foundation block; and(B) such equipment has been treated with an antimicrobial pesticide labeled to control citrus graft transmitted pathogens and/or as guidelines prescribed by the department.(3) Irrigation of the foundation block shall be performed in such a manner as to minimize the risk of transmission of diseases through the irrigation system.(4) A foundation block must be completely contained in a certified citrus nursery in accordance with Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).</content><note type="source"><p>Source Note: The provisions of this §21.32 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.33"><num value="21.33">§21.33</num><heading>Labeling and Handling of Budwood Produced in Foundation Block</heading><content>At the time of sale, each budwood piece or bundle of certified budwood must be labeled to identify the variety of the budwood, number of buds, and source tree identification number, and safeguarded from exposure to the diseases listed in §21.2 of this title (relating to Quarantined Pests and Diseases).</content><note type="source"><p>Source Note: The provisions of this §21.33 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.34"><num value="21.34">§21.34</num><heading>Foundation Block and Certified Budwood Fees</heading><content>(a) An applicant for a foundation block shall pay a non-refundable application fee of $500 to the department.(b) Any person that sells certified citrus budwood shall pay to the department a fee of $0.06 for each bud sold.(c) Certified budwood fees shall be paid to the department by the 15th day of the month following the end of each calendar quarter for budwood sold during the previous calendar quarter and accompanied by budwood sale records as required by §21.38(d) of this title (relating to Recordkeeping Requirements).</content><note type="source"><p>Source Note: The provisions of this §21.34 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.35"><num value="21.35">§21.35</num><heading>Plan for Certified Budwood if Foundation Block is Unavailable</heading><content>If no foundation block is available to provide an adequate supply of certified budwood, the Department may:(1) Issue a permit to a nursery to import budwood, including into the citrus zone, from any state or from outside the United States, in accordance with §21.40 of this chapter (relating to Importing Out-of-State Budwood);(2) Issue a permit to a nursery to obtain budwood from increase trees maintained by certified citrus nurseries; or(3) Issue a permit to a nursery to implement alternative measures after consultation with the Citrus Budwood Advisory Council, including an extension of the duration of use of increase trees at a location, on an emergency basis only.</content><note type="source"><p>Source Note: The provisions of this §21.35 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.36"><num value="21.36">§21.36</num><heading>Increase Trees and Increase Blocks</heading><content>(a) Increase Tree Requirements. Increase trees or increase blocks shall meet all of the following requirements.(1) Budwood for propagating increase trees shall be obtained from a foundation or scion tree.(2) Increase trees shall be propagated and grown in a certified citrus nursery as specified in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).(3) Increase trees shall be budded on nursery rootstock which has not been budded previously. If re-budding is necessary, buds from the same source tree as the original bud shall be used.(b) Increase Tree Structures. Increase trees must be held exclusively in an approved structure designated for increase trees or housed with other certified citrus nursery stock being grown in the approved structure, provided the two groups of plants are kept identifiably separate.(1) At no time shall any uncertified citrus nursery stock be inside the approved structure.(2) Increase trees may be grown in containers or planted in the ground.(3) Increase trees of different varieties and selections shall be kept distinctly apart and clearly identified to avoid the mixing of increase trees originating from different source trees.(c) Labeling of Increase Trees.(1) Each lot of increase trees produced from the same lot of budwood from a specific foundation block tree shall be labeled for traceability with a unique identification number. The permanent label or tag shall include the variety, source tree identification number, and the month and year of budding.(2) Each lot of increase trees must be of the same cultivar, originating from the same foundation block source tree(s) and budded in the same month and year.(3) An increase tree identification map shall be maintained on site. The map shall be made available during an inspection or upon request by the department. The map must include the location of each group of increase trees by selection in the approved structure, the name of the selection, the number of trees in each lot, source tree identification number, and the month and year of budding.(d) Duration of Use of Increase Trees. Increase trees of budwood to produce certified citrus, may be used as a source of certified budwood to produce certified citrus nursery stock for a period not to exceed 60 consecutive months. The 60 month duration begins on the first day of the month following the month in which the trees were budded.(1) Within the citrus zone: Citrus trees propagated from budwood that originated from increase trees shall not serve as a future source of certified budwood.(2) Outside of the Citrus Zone: Increase trees of noncommercial citrus varieties (as provided in §21.39) may be used as a source of budwood to produce certified citrus nursery stock provided the trees meet the requirements of this section.(e) Inspection.(1) Testing and inspection of increase trees for pests and diseases. Increase trees shall be inspected and tested at a minimum of once prior to 12 months post-budding and at an interval not to exceed 12 months for citrus tristeza and citrus greening or any other pest of regulatory concern. The department shall collect samples for testing according to the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. The cost of the laboratory analysis of the samples shall be borne by the owner of the nursery. The department will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.(2) The increase block must be routinely inspected and treated to prevent pests and diseases. The department may issue a seizure order if a pest or disease is found. If an Asian citrus psyllid or other disease vector is found, the contents of the structure are subject to a seizure order based on risk assessment. The department may consult with a panel of experts for additional mitigation measures necessary to ensure the integrity of increase trees.(f) Disposition of increase trees. Upon discontinuing use of an increase tree, the increase tree must be removed from the increase block and may be sold, planted, or destroyed.</content><note type="source"><p>Source Note: The provisions of this §21.36 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.37"><num value="21.37">§21.37</num><heading>Increase Tree Fees</heading><content>Increase tree application fee. Application for designation of increase trees shall be made on a form prescribed by the department and available on the department's website at: TexasAgriculture.gov. (1) No application or certification fees shall be required if: (A) Increase trees are to be held in an insect exclusionary structure that is certified by the department; or (B) The total area of the new structure where increase trees are to be held, plus the area of the approved structures at the facility is at or below the 25,000 square footage increment threshold for fee increase. (2) Application and certification fees shall be required if the total area of the new structure, plus the area of the approved structures at the facility exceeds the threshold limit as explained in §21.36 of this title (relating to Increase Trees and Increase Blocks). (3) Amount and payment of application fees shall be according to §21.62 of this title (relating to Citrus Nursery Certification).</content><note type="source"><p>Source Note: The provisions of this §21.37 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.38"><num value="21.38">§21.38</num><heading>Recordkeeping Requirements</heading><content>(a) The following records of foundation block or scion block operations must be maintained for a minimum of four years at the foundation block or scion block and made available for inspection by the Department:(1) A map of trees showing block and row numbers and locations of each variety;(2) Results of tests conducted by a certified laboratory verifying that all foundation or scion block trees are free of the diseases listed in §21.31(a)(1) of this chapter (relating to Establishment of a Foundation Block); and(3) Records of budwood sources used to establish foundation or scion block trees along with certificates and/or test results obtained to verify that the budwood was free of diseases listed in §21.31(a)(1) of this chapter.(b) Records of certified budwood sales or distribution shall be provided to the Department with payment of budwood fees, as required by §21.34 of this chapter (relating to Foundation or Scion Block and Certified Budwood Fees), and maintained at the foundation or scion block, and shall include:(1) Origin of budwood sold, by source tree lot number;(2) Number of buds sold daily, summarized by month; and(3) Records of each sale, including:(A) name, address and nursery floral registration certificate number of buyer, if applicable;(B) number of buds of each variety sold to each buyer;(C) source tree lot number for each variety;(D) date of sale; and(E) name, address, and nursery floral registration number of foundation or scion block.(c) Records of scion block operations must be maintained for a minimum of four years at the foundation block and made available for inspection by the Department upon request, and shall include:(1) A map of trees showing block and row numbers and locations of each variety;(2) Results of tests conducted by a certified laboratory verifying that all scion block trees are free of the diseases listed in §21.31(a)(1) of this chapter (relating to Establishment of a Scion Block); and(3) Records of budwood sources used to establish foundation block trees along with certificates and/or test results obtained to verify that the budwood was free of diseases listed in §21.31(a)(1) of this chapter.(d) The following records of increase block trees must be maintained for a minimum of four years at the nursery location and made available for inspection upon request by the Department:(1) A map of increase trees showing block and row numbers and locations of each variety;(2) Results of tests conducted by a certified laboratory on the increase trees for citrus greening and tristeza;(3) Records identifying the budwood and rootstock sources used to establish increase trees;(4) The month and year of initial budding of each increase tree by tree identification number and variety;(5) The number of buds taken per month from each lot of each variety of increase tree; and(6) Records of disposition of increase trees.</content><note type="source"><p>Source Note: The provisions of this §21.38 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.40"><num value="21.40">§21.40</num><heading>Importing Out-Of-State Budwood</heading><content>Budwood 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 90 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 §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 before it is released to the buyer;(3) A department issued permit to import the citrus budwood into Texas and a copy of the certificate required by paragraphs (5) and (6) of this section must be included with 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 §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 §21.2 of this title.</content><note type="source"><p>Source Note: The provisions of this §21.40 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.41"><num value="21.41">§21.41</num><heading>Inspection</heading><content>The Department shall, as it deems appropriate at any time, inspect a foundation, scion or increase block, or foundation, scion or increase block records, and take physical and documentary samples as needed.</content><note type="source"><p>Source Note: The provisions of this §21.41 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.42"><num value="21.42">§21.42</num><heading>Violations and Penalties</heading><content>(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, §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, §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).</content><note type="source"><p>Source Note: The provisions of this §21.42 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.43"><num value="21.43">§21.43</num><heading>Texas Citrus Nursery Stock Certification Manual</heading><content>The department proposes to publish the Texas Citrus Nursery Stock Certification Manual as a guide on these regulations. The latest version will be available at the department's website TexasAgriculture.gov or a printed copy of the manual is available upon request from the department at: Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711, or call 1-800-TELL-TDA.</content><note type="source"><p>Source Note: The provisions of this §21.43 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scC/s21.44"><num value="21.44">§21.44</num><heading>Scion Trees and Scion Block</heading><content>(a) Scion Tree Requirements. Scion trees shall meet all of the following requirements.(1) Budwood for propagating scion trees shall be obtained from a foundation tree.(2) Scion trees shall be propagated and grown in a certified citrus nursery as specified in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).(3) Scion trees shall be budded on nursery rootstock which has not been budded previously. If re-budding is necessary, buds from the same source as the original shall be used.(4) Scion trees shall be vigorous, productive, and horticulturally true-to-type and shall have borne fruit.(b) Scion Tree Structures. Scion trees must be held exclusively in an approved pest exclusionary structure designated for scion trees.(1) At no time shall any uncertified citrus nursery stock be inside the approved pest exclusionary structure.(2) Scion trees may be grown in containers or planted in the ground.(3) Scion trees of different varieties and selections shall be kept distinctly apart and clearly identified to avoid the mixing of scion trees originating from different source trees.(c) Labeling of Scion Trees.(1) Each lot of scion trees produced from the same lot of budwood from a specific foundation block tree shall be labeled for traceability with a unique identification number. The permanent label or tag shall include the variety, source tree identification number, and the month and year of budding.(2) Each lot of scion trees must be of the same cultivar, originating from the same foundation block source tree(s) and budded in the same month and year.(3) A scion tree identification map shall be maintained on-site. The map shall be made available during an inspection or upon request by the Department. The map must include the location of each group of scion trees by selection in the approved pest exclusionary structure, the name of the selection, the number of trees in each lot, source tree identification number, and the month and year of budding.(d) Inspection.(1) Scion trees shall be inspected and tested at a minimum of once prior to 12 months post-budding and at an interval not to exceed 12 months for citrus tristeza and citrus greening or any other pest of regulatory concern. The Department shall collect samples for testing according to the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. The cost of the laboratory analysis of the samples shall be borne by the owner of the nursery. The Department will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.(2) The scion block must be routinely inspected and treated to prevent pests and diseases. The Department may issue a seizure order if a pest or disease is found. If an Asian citrus psyllid or other disease vector is found, the contents of the structure are subject to a seizure order based on risk assessment. The Department may consult with a panel of experts for additional mitigation measures necessary to ensure the integrity of scion trees.(e) Disposition of scion trees. Upon discontinuing use of a scion tree, the scion tree must be removed from the scion block and may be sold, planted, or destroyed.</content><note type="source"><p>Source Note: The provisions of this §21.44 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c21/scD"><num value="D">SUBCHAPTER D</num><heading>CITRUS NURSERY STOCK CERTIFICATION PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.60"><num value="21.60">§21.60</num><heading>Scope of the Citrus Nursery Stock Certification Program</heading><content>(a) This subchapter shall apply to all citrus nursery stock that is propagated for the purpose of sale or distribution within or into the citrus zone, but excluding facilities only involved in the retail sale of citrus plants that were produced and moved to the retail location according to the requirements of this chapter.(b) For purposes of this subchapter, citrus nursery stock is required to be grown in a certified citrus nursery facility until:(1) moved directly to a grove for immediate planting; or(2) moved to a physically separate, exclusively retail area at the location; or(3) moved from the production location to a location inside or outside of the citrus zone for immediate retail resale.(c) Citrus nursery stock propagated in a certified citrus nursery that is sold, distributed, or moved from the certified citrus nursery shall be treated as specified in §21.6(b) of this chapter (relating to Restrictions) and treatment records shall be kept as specified in §21.10(h) of this chapter (relating to Record Keeping; Rebuttable Presumption; and Seizure).</content><note type="source"><p>Source Note: The provisions of this §21.60 adopted to be effective November 21, 2013, 38 TexReg 8189; amended to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.61"><num value="21.61">§21.61</num><heading>Facility Structural Requirements</heading><content>(a) All quarantined articles, as defined in §21.5 of this chapter (related to Quarantined Articles), that are grown after January 1, 2018, from seed, cuttings, budding, cell culture or other means must be produced inside a certified pest exclusionary facility that meets USDA-APHIS-PPQ structural requirements, and requirements found in 7 CFR Part 301 (Subpart-Citrus Greening and Asian Citrus Psyllid, and Subpart-Citrus Canker).(b) To qualify as an exclusionary structure which meets certification requirements, a facility must include, at a minimum, each of the following:(1) Exterior walls and top;(A) Any combination of solid surfaces and screening may be used, as long as the structure meets or exceeds USDA-APHIS-PPQ insect exclusionary and citrus canker prevention requirements, including resistance to wind-blown rain.(B) Mesh size for any screening used in walls, doors, vent covers, or other parts of a structure to be operated under a certificate of registration shall not exceed 0.3 square millimeters (e.g., 0.547 x 0.547 mm or 0.5 x 0.6 mm).(2) Each approved structure must have a citrus free buffer area around the exterior of the approved structure of at least 100 feet. If a buffer area of 100 feet or more is not feasible, a minimum buffer area of 25 feet is allowed if the side of the structure facing citrus nursery plant material is constructed with a water-proof wall, or double-walled screening with a minimum of a 4-inch space between each screen.(3) Doors, doorways, and entryways must be designed and constructed to exclude wind-blown rain, and pest organisms;(A) All doorways shall have a positive pressure air curtain, double doors, or other mechanisms sufficient to prevent the entrance of any insect pests, both during operation of the door and while the door is closed.(B) All doors shall fit against the floor and door frame, so that no pest organisms or rain can enter the facility.(C) All facility emergency exit doors must be marked ‘Emergency Exit Only' and may not be used as an entrance.(D) Each entrance to the facility shall be equipped so that, prior to entering the facility, personnel must disinfect hands and arms and spray clothing and footwear with a product approved by the Department or USDA-APHIS-PPQ as effective against citrus canker. A footbath containing a product approved by the Department as effective against citrus canker must be located at each entrance and must be properly utilized on footwear by all persons prior to entering the facility.(E) Vehicles, equipment, and other articles used to handle or move citrus nursery stock must be treated in accordance USDA-APHIS-PPQ requirements, immediately before entering the premises.(4) Other openings. Except for doors, all exterior openings for cooling pads, fans, vents or other parts of a structure to be operated under a certificate of registration must be covered with screening, specified in subsection (b)(1)(B) of this section; and(5) The facility perimeter must facilitate drainage away from the structure.(c) The owner of the facility is responsible for maintaining the integrity of the facility and ensuring it remains pest-free.(d) The Department must be notified in writing immediately if a breach is detected at any time during the life cycle of the citrus stock, from propagation to point of sale.</content><note type="source"><p>Source Note: The provisions of this §21.61 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.62"><num value="21.62">§21.62</num><heading>Citrus Nursery Certification</heading><content>(a) Any person who propagates citrus nursery stock for the purpose of commercial or noncommercial use within the citrus zone must hold a current certificate for a certified citrus nursery. Any person who propagates citrus nursery stock for the purpose of sale within the citrus zone must also hold a current nursery/floral license, in accordance with Chapter 22 of this title (relating to Nursery Products and Floral Items).(b) Application process.(1) An application for citrus nursery certification and a schedule of registration fees can be obtained from the department's website at: www.TexasAgriculture.gov.(2) An applicant should submit a completed application form and application fee according to directions on the form.(3) An application fee will be charged on the basis of $100 for facilities with a total enclosed insect exclusionary area of up to 25,000 square feet, plus $50 for each additional 25,000 square feet or fraction thereof. In case reinspection is necessary, a fee equal to the application fee will be charged.(c) Certification fee. An annual certification fee will be charged on the basis of $575 for facilities with a total enclosed insect exclusionary area of up to 25,000 square feet, plus $175 for each additional 25,000 square feet or fraction thereof.(d) Payment of certification fee.(1) Payment of the fee for renewal of a certificate for a certified citrus nursery is late if the fee has not been received by the department by the due date.(2) If payment of a certification fee is 30 or more days late, all citrus nursery stock at the location may be subject to a stop-sale order until full payment has been received.(e) Public display of certificate for a certified citrus nursery. The current certified citrus nursery certificate shall be kept on display at the certified citrus nursery in a location where it is readily visible to the public.(f) Changes in a production greenhouse.(1) Before a facility covered under a certificate for a certified citrus nursery is modified in a way that, either during or after the modification, affects the walls, screening, doors or insect-exclusionary ventilation, the certificate holder must either:(A) enter into a compliance agreement with the department, outlining safeguarding conditions to maintain the facility insect free; or(B) remove all regulated materials from the facility and irrevocably surrender the certificate to the department.(2) If the size of the facility changes, the nursery shall submit an application indicating the change. Once an applicant has met certification requirements, an annual certification fee must be remitted to the department.</content><note type="source"><p>Source Note: The provisions of this §21.62 adopted to be effective November 21, 2013, 38 TexReg 8189; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.63"><num value="21.63">§21.63</num><heading>Sanitation Requirements</heading><content>(a) All articles, equipment, plant material, supplies and personnel that enter or remain in a propagation facility shall be subject to Department approved sanitation requirements, including but not limited to:(1) Budding knives, clippers and other cutting implements shall be sterilized between different groups of propagations using a commercially available disinfectant or household bleach solution with a final strength of 0.5 percent. Sterilization solution shall be made fresh each day.(2) All equipment should be kept on site.(3) If gloves are worn in a certified citrus nursery, they must be disposable gloves or decontaminated daily and kept on-site.(4) Any person (including, but not limited to, their exposed skin and clothing, headgear, and tops and bottoms of shoes), tools or equipment entering a certified citrus greenhouse must be sanitized immediately prior to or during entry, as provided in §21.61 of this chapter (relating to Facility Structural Requirements).(5) All growing or potting media or containers must be stored to prevent contamination by soil or water.(6) Non-certified nursery stock shall not be grown in or introduced into the same greenhouse or structure with certified citrus nursery stock.(7) It shall be the responsibility of the nursery to:(A) Prevent encroachment of Rutaceous plants of subfamilies Aurantioideae, Rutoideae and Toddalioideae, and the use of non-certified material, which could endanger the nursery site of becoming infested with injurious pests or diseases of citrus; and(B) Follow established sanitation procedures to prevent pest and disease infestation of the nursery.(8) Nursery areas and perimeters shall be maintained weed-free.(b) Violation(s) of sanitation requirements may result in the issuance of a stop-sale order, suspension or revocation of a certificate of registration, and/or administrative penalties.</content><note type="source"><p>Source Note: The provisions of this §21.63 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.64"><num value="21.64">§21.64</num><heading>Rootstock</heading><content>(a) All rootstock seed planted for propagation must have undergone a thermal treatment or other treatment approved by the department to reduce the risk of citrus infesting pathogens, including Phytophthora.(b) All planting, growing and budding of rootstock or other propagative material, including seeds, shall be in a certified insect exclusionary facility.(c) Rootstock produced any way other than from seed:(1) shall have been taken from a tree tested within the previous year, using methods approved by the department, and found free of diseases quarantined under §21.2 of this chapter (relating to Quarantined Pests and Diseases); and(2) the source tree shall have been maintained continuously in a facility with current certification.(d) Documentation of negative results of tests described in this section shall be maintained for at least four years following distribution of all plants propagated from the source tree and shall be available for inspection during normal hours of operation.</content><note type="source"><p>Source Note: The provisions of this §21.64 adopted to be effective November 21, 2013, 38 TexReg 8189.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.65"><num value="21.65">§21.65</num><heading>Citrus Propagation Requirements</heading><content>(a) Citrus nursery stock grown or sold within, or sold into, the citrus zone must be grown in a certified citrus nursery under the provisions of this subchapter. (b) Citrus nursery stock sold within or into, the citrus zone must be propagated directly from certified budwood from source trees that are compliant with the provisions of §21.36 of this title (relating to Increase Trees and Increase Blocks). (c) Citrus nursery stock propagated for experimental use; (1) Shall be inspected and tested at a minimum once prior to 12 months post-budding and every 12 months thereafter for citrus tristeza and citrus greening or any other pest of regulatory concern; (A) The department will collect samples for testing according to the sampling plan in "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker" developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. This sampling plan is available at the department's website at www.TexasAgriculture.gov. (B) The cost of the laboratory analysis of the samples shall be borne by the owner of the citrus nursery or research entity. (2) Shall not be offered for sale; and (3) May not be commingled with certified citrus nursery stock intended for sale or any other citrus nursery stock. (d) If a citrus nursery site is found to be infested with citrus infesting nematodes or other dangerous soil-borne citrus pathogens, the citrus nursery stock, plant material, media and containers for growing citrus nursery stock: (1) Must be kept at least 18 inches above the floor; and (2) Must be prevented from having contact with soil from the location, unless the soil and infested water from the location have been sterilized, handled and stored in a manner approved by the department. (e) All citrus nursery stock and propagative plants shall remain within the approved structure at all times or be moved under protective cover to exclude insects, until distributed for sale or use. (f) Citrus nursery stock may be moved directly from one approved structure into another approved structure, provided the plants are protected and covered with material designed to prevent exposure to psyllids at all times during transit as specified in §21.43 of this title (relating to Texas Citrus Nursery Stock Certification Manual). (g) Certified citrus nursery stock may not be commingled with non-certified citrus nursery stock or any other citrus plant material.</content><note type="source"><p>Source Note: The provisions of this §21.65 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.66"><num value="21.66">§21.66</num><heading>Labeling Requirements</heading><content>(a) Citrus plants being grown in a certified citrus nursery must be labeled, meeting the following labeling requirements.(1) A tag, sign or other identifier shall be placed at the beginning and end of each lot or row, as applicable, of certified citrus nursery trees during production which clearly identifies the variety and source tree identification number.(2) If a row contains trees propagated from more than one source tree, the different selections shall be clearly separated and identified at the beginning and end of each lot or series of trees showing the variety and source tree identification number.(3) If trees are grown in containers, each container or group of container-grown trees shall be identified with the variety and source tree identification number and separated from other trees in the nursery to avoid mixing nursery trees originating from different source trees.(4) In lieu of identification tags during production, a nursery may develop an identification plan, as approved by the department that defines procedures and methods used to identify the certified citrus nursery stock under production at the location. Identification tags, as provided in this section, will be required once the certified citrus nursery stock is sold or distributed.(b) In addition to labeling requirements at §21.8 of this title (relating to Labeling Requirements and Non-Rebuttable Presumption), each citrus plant offered for sale or distribution shall have attached to the article, or to the container in which the article is planted, a waterproof tag or label upon which is legibly printed in permanent lettering the words "Certified Citrus Nursery Stock," the date of propagation, the date the tree was last treated with a pesticide prior to distribution, and adequate identifying information to permit trace-back to the certified facility where the article was propagated and grown.(c) Within the citrus zone, commercial citrus production areas where citrus trees that are immediately field planted in groves for commercial fruit production are exempt from the labeling requirements of this section.(d) Retail buyers and end users are exempt from the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §21.66 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.67"><num value="21.67">§21.67</num><heading>Certified Citrus Nursery Recordkeeping Requirements</heading><content>(a) The following records of certified budwood purchases must be maintained by a certified citrus nursery for a minimum of four years:(1) Name and nursery floral certificate number of budwood producer/seller;(2) Date of each purchase; and(3) Variety name and number of buds purchased, per source tree, including identification number of each source tree.(b) The following records of certified citrus nursery stock sales or distribution must be maintained by a certified citrus nursery for a minimum of four years:(1) Date of sale or distribution;(2) Name, address, and (if applicable) nursery floral registration certificate number of receiver; and(3) Number of trees sold or distributed, per variety name and budwood source tree identification number.</content><note type="source"><p>Source Note: The provisions of this §21.67 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.68"><num value="21.68">§21.68</num><heading>Stop-Sale Orders</heading><content>(a) In addition to the stop-sale order requirements set forth in the Texas Agriculture Code, Chapter 19, a stop-sale order may be issued by the department for:(1) any breach or compromise of the structure that would allow the entry of insects; or(2) any other circumstance that compromises the insect exclusionary integrity of the facility.(b) The department may lift a stop-sale order when the department has determined that the violation has been corrected and/or the risk has been mitigated.</content><note type="source"><p>Source Note: The provisions of this §21.68 adopted to be effective November 21, 2013, 38 TexReg 8189.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scD/s21.69"><num value="21.69">§21.69</num><heading>Violations and Penalties</heading><content>(a) In addition to any other violations that may arise under Title 2, Chapter 19, Texas Agriculture Code (Citrus Budwood and Citrus Nursery Stock Certification Program), or this subchapter, the following are violations under this subchapter:(1) It is a violation for any person to falsify records required under this subchapter.(2) It is a violation to fail to maintain or provide records for inspection.(3) It is a violation to refuse access to the department to verify compliance with this chapter.(b) Any violation under this subchapter may be subject to civil and criminal penalties. In addition, the department may revoke a certificate issued under §21.62 of this subchapter (relating to Citrus Nursery Certification), and/or assess administrative penalties under §12.020 of the Texas Agriculture Code.</content><note type="source"><p>Source Note: The provisions of this §21.69 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c21/scE"><num value="E">SUBCHAPTER E</num><heading>CITRUS NURSERY STOCK PROPAGATION IN AREAS OF TEXAS OUTSIDE THE CITRUS ZONE</heading><section identifier="/us/state/tx/tac/t4/p1/c21/scE/s21.80"><num value="21.80">§21.80</num><heading>Citrus Nursery Stock Propagation in Areas of Texas Outside of the Citrus Zone</heading><content>(a) Propagation of citrus plants shall be in facilities certified by the Department in accordance with the citrus nursery stock facility certification requirements as defined in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program).(b) Citrus plant propagation shall be:(1) With certified citrus budwood; or(2) In accordance with §21.38 of this chapter (relating to Recordkeeping Requirements); or(3) From noncommercial citrus varieties, as provided in §21.39 of this chapter (relating to Designated Commercial Fruit Production Varieties), and tested in accordance with the "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker" developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS-PPQ.(4) Exception. Citrus plants grown or propagated for sale outside the Citrus Zone, as described in §21.4 of this chapter (relating to Citrus Zone), before January 1, 2018, shall not be required to be grown in accordance with the citrus nursery stock facility certification requirements as defined in §21.61 of this chapter (related to Facility Structural Requirements), until sold out or required to be disposed of by the Department.</content><note type="source"><p>Source Note: The provisions of this §21.80 adopted to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scE/s21.81"><num value="21.81">§21.81</num><heading>Nursery Floral Requirements</heading><content>(a) Any person who produces citrus nursery stock for the purpose of sale or distribution must hold a valid nursery floral certificate, in accordance with Chapter 22 of this title (relating to Nursery Products and Floral Items). (b) A nursery floral certificate application and a schedule of fees can be obtained from the department website at: www.TexasAgriculture.gov.</content><note type="source"><p>Source Note: The provisions of this §21.81 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scE/s21.82"><num value="21.82">§21.82</num><heading>Sanitation Requirements</heading><content>Sanitation requirements must be in accordance with §21.63 of this title (relating to Sanitation Requirements).</content><note type="source"><p>Source Note: The provisions of this §21.82 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scE/s21.83"><num value="21.83">§21.83</num><heading>Labeling</heading><content>(a) Citrus plants offered for sale or distribution shall be labeled in accordance with §21.8 of this title (relating to Labeling Requirements and Non-Rebuttable Presumption).(b) Citrus plants that meet the designation of certified citrus nursery stock as defined in Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program) shall be labeled in accordance with §21.66 of this chapter (relating to Labeling Requirements).</content><note type="source"><p>Source Note: The provisions of this §21.83 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scE/s21.84"><num value="21.84">§21.84</num><heading>Movement of Citrus Plants into the Citrus Zone or Out of an Area Quarantined for Citrus Greening</heading><content>(a) Requirements for shipment of citrus plants from the areas of Texas outside the citrus zone into the citrus zone:(1) Citrus plants must be produced in a nursery that is certified by the Department in accordance with Subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program), meet all applicable requirements of this Chapter 21, and Chapter 19 of this title (relating to Quarantines and Noxious and Invasive Plants) which provide that citrus nursery stock moved into the citrus zone must be propagated directly from certified citrus budwood;(2) Citrus plants must be maintained free of Asian citrus psyllid and other pests and diseases; and(3) Citrus plants must be transported from a certified citrus nursery directly into the citrus zone, according to requirements in subsections (b) and (c) of this section.(b) Requirements for shipment from a certified citrus nursery outside of the citrus zone to a certified or non-certified (retail) citrus nursery located inside the citrus zone:(1) The shipment shall be in sealed insect exclusionary containers; the containers shall not leave the originating certified citrus nursery until sealed; and(2) The shipment must be loaded at the originating certified citrus nursery in a manner that prevents introduction of psyllids or other pests. The shipping compartment shall be kept closed at all times, except when regulated articles are entering or exiting the compartment. After having been loaded into the vehicle, the shipment must be moved immediately and directly to the destination, without other stops except as necessitated by traffic, fuel or an emergency.(3) For the shipment from a certified citrus nursery outside the citrus zone to a location inside the citrus zone that is not a certified citrus nursery, the following shipping option is allowed:(A) The plants will be treated with a kaolin-based particle film coating and the coating has not been compromised by movement, weather, etc. Treatment must be made no more than 7 days prior to date of shipping.(B) Trees must be moved immediately and directly from the certified citrus nursery to the destination without stops, except as necessitated by such necessary considerations such as traffic, fuel, or an emergency.(c) Conditions for shipment of certified citrus nursery stock out of an area quarantined for citrus greening include:(1) All the conditions listed in this section; and,(2) All conditions required by USDA-APHIS Plant Protection and Quarantine for movement of citrus out of a quarantined area.</content><note type="source"><p>Source Note: The provisions of this §21.84 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c21/scE/s21.85"><num value="21.85">§21.85</num><heading>Violations and Penalties</heading><content>Violations and penalties will be in accordance with §21.69 of this title (relating to Violations and Penalties).</content><note type="source"><p>Source Note: The provisions of this §21.85 adopted to be effective December 31, 2015, 40 TexReg 9626.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c21/scF"><num value="F">SUBCHAPTER F</num><heading>STATE CERTIFIED CLEAN CITRUS STOCK PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c21/scF/s21.90"><num value="21.90">§21.90</num><heading>Purpose and Scope of Program</heading><content>(a) For the purpose of meeting the USDA-APHIS-PPQ requirements for movement of citrus plants out of an area quarantined for citrus greening or citrus canker by USDA and the Department, and for interstate movement in accordance with USDA requirements, the Texas State Certified Clean Citrus Stock Program, consists of:(1) All citrus plants that have been propagated in accordance with subchapter D of this chapter (relating to Citrus Nursery Stock Certification Program), or in a structure that meets the requirements of USDA-APHIS for interstate movement from an area quarantined for citrus greening or citrus canker; and(2) Propagated with certified budwood from a recognized and approved budwood source;(3) Propagated from budwood that originated from a certified increase tree;(4) Propagated in a continuous progression of certified trees from generation to generation wherein that the original trees were propagated using certified budwood and all progeny propagated and/or used as a source of budwood are identified in a manner to clearly trace the original source of budwood, the year the original budwood was purchased and labeled in accordance to §21.36(j) of this title (relating to Increase Trees and Increase Blocks); or(5) For noncommercial varieties for which certified budwood is not available and which are not to be moved into the Citrus Zone, budwood source trees must have been tested for citrus tristeza, citrus greening or any other pest of regulatory concern within 12 months prior to use for budwood. Nursery stock resulting from the budwood of these varieties shall be sampled and tested according to the USDA-APHIS-PPQ requirements for movement of citrus plants out of a quarantined area. The Department will inspect trees for citrus canker and other pests of regulatory concern during facility inspection.(b) Samples will be collected by the Department for testing in accordance with the sampling plan, "Survey Protocol in Exclusionary Facilities for the Interstate Movement of Citrus and Other Rutaceous Plants for Planting from Areas Quarantined for Citrus Greening, Asian Citrus Psyllid, and Citrus Canker," developed by the CPHST Plant Epidemiology and Risk Analysis Laboratory of the Plant Protection and Quarantine branch of USDA-APHIS. The cost of the laboratory analysis of the samples shall be borne by the owner of the citrus nursery.</content><note type="source"><p>Source Note: The provisions of this §21.90 adopted to be effective December 31, 2015, 40 TexReg 9626; amended to be effective March 22, 2018, 43 TexReg 1629.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c22"><num value="22">CHAPTER 22</num><heading>NURSERY PRODUCTS AND FLORAL ITEMS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c22/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p1/c22/sc/s22.1"><num value="22.1">§22.1</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, §71.041, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Beneficial organism--Any pathogen, arthropod, or other biological organism that is a predator, parasite, or pathogen of a plant pest and which causes only minor or incidental damage, if any, to nursery products and/or floral items subject to regulation under the Texas Agriculture Code, Chapter 71.(2) Distribute--Offer for sale, hold for sale, sell, barter, or supply.(3) Event permit--A registration issued by the department for the operation of a business holding a valid registration certificate for the purpose of selling nursery products and/or floral items at a temporary location, during any portion of a 24 hour period.(4) Integrated pest management plan--A department-approved plan for the management of plant pests during plant production.(5) Plant pest--Any pathogen, arthropod, or other non-vertebrate biological organism that is detrimental to plants or plant products. subject to regulation under the Texas Agriculture Code, Chapter 71.(6) Temporary location--A non-permanent location where nursery products and/or floral items are sold, offered for sale or lease, grown for the purpose of sale or lease, or offered as an enticement to promote the sale or lease of other items.</content><note type="source"><p>Source Note: The provisions of this §22.1 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective September 9, 2001, 26 TexReg 6661.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c22/sc/s22.2"><num value="22.2">§22.2</num><heading>Application</heading><content>(a) Each location where nursery products and/or floral items are sold, offered for sale or lease, distributed, grown for the purpose of sale or lease, or offered as an enticement to promote the sale or lease of other items, shall be registered with the department.(b) Application for a new certificate must be submitted on a form prescribed by the department. Each applicant shall be responsible for declaring the proper nursery/floral classification and submitting the appropriate fee to the department. Failure to complete the form in its entirety may result in denial of the registration.(c) A registrant shall display a valid Nursery/Floral certificate and, when applicable, a valid event permit.(d) Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the license will be valid for one year and shall expire on the last day of the month corresponding to the license anniversary date.(e) An event permit may be obtained by contacting a regional office designated by the department, during regular office hours, at least one day prior to the event.</content><note type="source"><p>Source Note: The provisions of this §22.2 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective April 23, 1998, 23 TexReg 3824; amended to be effective September 29, 2005, 30 TexReg 6047.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c22/sc/s22.3"><num value="22.3">§22.3</num><heading>Nursery/Floral Registration Classifications and Fees</heading><content>(a) Registration and renewal fees are:(1) Class 1--$75. Includes businesses that sell, lease, or distribute, but do not grow nursery products and/or floral items, such as garden centers, grocery stores, landscape contractors, floral shops, interior decorators, and street vendors.(2) Class 2--$110. Includes permanently located businesses that sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,600 square feet (ten acres) or less.(3) Class 3--$145. Includes permanently located businesses that sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,601-871,200 square feet (in excess of ten acres to twenty acres).(4) Class 4--$180. Includes permanently located businesses that sell, lease, or distribute nursery products and/or floral items and have a growing area of 871,201 square feet or more (over twenty acres).(5) Class M--$180. Includes businesses that sell, lease, or distribute nursery products and/or floral items at temporary markets such as flea markets, arts and craft shows, plant or flower shows, or other temporary markets other than that described in subsection (c) of this section. Class M registrants must obtain an event permit for each day nursery products and/or floral items are sold. Thirty event permits are provided at no additional cost under this registration. One event permit equals one day (or any portion of a 24 hour period) at one location. Selling nursery products and/or floral items for any portion of a 24-hour period constitutes the use of one event permit. Additional event permits may be purchased in blocks of 10 permits at a cost of $50 per block. There will be no limit on the number of blocks that can be purchased.(b) Class 1, 2, 3, and 4 certificate holders may obtain up to ten event permits at no additional cost under a registration to sell, barter, lease, or distribute nursery products and/or floral items at trade shows, garden shows, or other horticultural exhibits. Additional event permits may be purchased in blocks of ten permits at the cost of $50 per block. There will be no limit on the number of blocks that can be purchased.(c) Neither registration with the department nor event permits are required for participation in trade shows, garden shows, or other horticultural exhibits, so long as nursery products and/or floral items are not sold, bartered, leased, or distributed from stock located on the premises of the show or exhibit.(d) The fees provided in this section are applicable to the extent that they do not conflict with Chapter 2, Subchapter B of this title (relating to Consolidated Licenses).</content><note type="source"><p>Source Note: The provisions of this §22.3 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective February 24, 1997, 22 TexReg 1713; amended to be effective April 23, 1998, 23 TexReg 3824; amended to be effective November 15, 2002, 27 TexReg 10592; amended to be effective September 1, 2003, 28 TexReg 6813; amended to be effective September 29, 2005, 30 TexReg 6047.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c22/sc/s22.4"><num value="22.4">§22.4</num><heading>Stop-sale Order and Appeal</heading><content>(a) Except as provided in subsection (b) or (c) of this section, nursery products and/or floral items that are infested or infected with a plant pest, or sold from unregistered locations are subject to a stop-sale order.(b) Nursery products and/or floral items shall not be placed under a stop-sale order when a plant pest is detected on the plants, plant products, or plant production areas if:(1) the certificate holder is operating under an integrated pest management plan approved by the department, and(2) sale of the nursery products and/or floral items infested, infected, or within an infested or infected plant production area, is not scheduled to take place within 48 hours.(c) Beneficial organisms are a control method of integrated pest management and do not constitute a basis for the issuance of a stop-sale order.(d) The certificate holder or employee of the certificate holder may appeal a stop-sale order by submitting a written appeal to the department or to the inspector at the time the stop-sale order is issued. The written appeal must be submitted by means that provides proof of the date and time of delivery, except that proof of date and time of delivery is not required for hand-delivery to the department's inspector at the time of inspection. All appeals submitted by electronic mail must be sent to appeal.order@agr.state.tx.us.(e) An appeal of a stop-sale order must be received by the department within 48 hours after the stop-sale order is issued. If the appeal is not received within the specified time period, the stop-sale order may be removed by re-inspection.(f) The department shall review the appeal and issue a decision to rescind or continue the stop-sale order by the close of business on the third working day after the day the request is received.</content><note type="source"><p>Source Note: The provisions of this §22.4 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective September 9, 2001, 26 TexReg 6661.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c22/sc/s22.5"><num value="22.5">§22.5</num><heading>Violations and Penalties</heading><content>In addition to any other violations that may arise under the act or this chapter:(1) It is a violation for any person to falsify an application.(2) Any violation of these rules is subject to civil and criminal penalties. In addition, the department may revoke a certificate, and/or assess administrative penalties as prescribed in the Texas Agriculture Code, Chapter 12, against any person for a violation of these rules.</content><note type="source"><p>Source Note: The provisions of this §22.5 adopted to be effective September 6, 1996, 21 TexReg 8098.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c22/sc/s22.6"><num value="22.6">§22.6</num><heading>Integrated Pest Management Plans</heading><content>(a) To meet the minimum requirements for department approval of an integrated pest management plan, the certificate holder must:(1) agree to use multiple approved control tactics to manage, mitigate, or eliminate plant pests;(2) list the control tactics to be used;(3) list the scientific name of beneficial organisms used, if any, as a control tactic;(4) specify threshold levels, if available, for each plant pest and plant type combination that will result in the use of one or more approved control tactics;(5) specify the methods to be used for monitoring the occurrence of plant pests; and(6) describe the general sanitation practices to be used in the production of regulated plants.(b) An integrated pest management plan must be submitted to the department in a legible written request. The department shall mail a written notice of plan approval or denial to the certificate holder within 30 calendar days after its receipt. However, failure of the department to meet the preceding deadline shall not affect the plan's status as pending, approved, or denied.(c) If the department determines that an integrated pest management program is not being implemented as described in the approved plan, the department may withdraw approval for the plan by written notice delivered to the certificate holder by United States mail to the certificate holder's last known mailing address as shown in department records, last known facsimile transmission number as shown in department records, last known electronic mail address as shown in department records, or by hand-delivery to the certificate holder or employee of the certificate holder.</content><note type="source"><p>Source Note: The provisions of this §22.6 adopted to be effective September 9, 2001, 26 TexReg 6661.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c23"><num value="23">CHAPTER 23</num><heading>COMMODITY PRODUCERS BOARDS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c23/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.1"><num value="23.1">§23.1</num><heading>Definitions</heading><content>The definitions contained in Texas Agriculture Code, Chapter 41, Subchapter A and Texas Administrative Code, Title 4, Chapter 1, Subchapter A apply to this subchapter. In addition, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commodity process point--Location determined by board where assessments are collected.(2) County extension agent--An agent of the Texas A&M AgriLife Extension Service.(3) Legislation--Action with respect to Acts, bills, resolutions, or similar items by the Congress, any state legislature, any local council, or similar governing body, or by the public in a constitutional amendment or other similar procedure, including Acts providing appropriations to state or federal entities.</content><note type="source"><p>Source Note: The provisions of this §23.1 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.21"><num value="23.21">§23.21</num><heading>Hearing Required for Certification</heading><content>Within 21 days of the hearing required by Texas Agriculture Code, Chapter 41, Subchapter B to consider the petition of a nonprofit organization for certification as the organization authorized to conduct an assessment referendum and an election of a commodity producers board, the Commissioner may:(1) certify the organization by issuing an official certificate;(2) ask for additional information; or(3) deny certification in writing. If certification is denied, the organization must wait 120 days before petitioning the Commissioner again.</content><note type="source"><p>Source Note: The provisions of this §23.21 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.22"><num value="23.22">§23.22</num><heading>Election Plan</heading><content>(a) Prior to a referendum or an election, an election plan must be submitted to the Department for approval. The election plan must include:(1) a draft of the notice required by §23.23 of this chapter (relating to Notice of Referendum and/or Election) and a description of how it will be provided;(2) an election timeline, including when the notice required by §23.23 of this chapter (relating to Notice of Referendum and/or Election) will be provided, referendum or election date, and canvassing date;(3) a draft ballot;(4) a draft of the application for a candidate's name to be printed on the ballot; and(5) information on whether balloting will be conducted by mail or in person.(b) The Commissioner must be notified of biennial board elections and/or referenda to increase assessments at least 90 days prior to the election date. In the case of a referendum to add new territory, notice must be provided as required by Texas Agriculture Code, §41.034.</content><note type="source"><p>Source Note: The provisions of this §23.22 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.23"><num value="23.23">§23.23</num><heading>Notice of Referendum and/or Election</heading><content>(a) Public notice must be provided prior to a referendum and/or election. Notice shall be provided at least once either in print or electronically in one or more publications within the boundaries in which the board operates and reaches producers.(b) Notice must be provided to each county extension agent in any county within the boundaries in which the referendum or election will take place.(c) All notices shall be provided at least 60 days before the date of the referendum and/or election and shall include:(1) the date, hours, and polling places for voting, if held by physical balloting, or, if held by mail balloting, the manner in which ballots will be distributed and deadline for submission of ballots;(2) where applications for a candidate's name to be printed on the ballot can be obtained and how they can be submitted;(3) the estimated amount and basis of the assessment proposed to be collected, if applicable;(4) whether producer exemptions are to be allowed, if applicable;(5) whether assessments will be collected on a refund only basis, if applicable; and(6) a description of the manner in which the assessment is to be collected and the proceeds administered and used, if applicable.</content><note type="source"><p>Source Note: The provisions of this §23.23 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.25"><num value="23.25">§23.25</num><heading>Conduct of Referendum and/or Election</heading><content>(a) In the case of a mail election, no ballots will be valid if postmarked after the last day of the election. In physical ballot elections, no absentee ballot will be valid if postmarked after midnight three days before the election.(b) In physical balloting, balloting locations must be open at hours prescribed by the Commissioner and an election official must be present at all times unless otherwise prescribed by the Commissioner. Ballot boxes must be locked and remain locked until the canvassing committee supervises such opening.(c) A ballot must bear a signature and the address of the producer to be valid.(d) Instructions for election officials and voters will be available in each election from the certified commodity organization and approved by the Commissioner.(e) Ballots will be counted by a canvassing committee consisting of a county judge (or representative) from the area, a county extension agent, a representative of the certified commodity organization or board, and a representative of the Department.(f) In all elections, results must be submitted to the Commissioner for certification.(g) All ballots shall be locked in a container and stored with the county clerk's office or the office of the certified organization or board. If no contests arise out of the election within 45 days after the day of the referendum or election, the ballots shall be destroyed by shredding with notice to the certified organization or board and the Commissioner.(h) Any contest of the referendum and/or election must be filed in a court of competent jurisdiction within 30 days after the ballots have been canvassed.</content><note type="source"><p>Source Note: The provisions of this §23.25 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.41"><num value="23.41">§23.41</num><heading>Enactment of Assessments</heading><content>(a) Assessments will be officially enacted the day the board notifies appropriate commodity process points by registered or certified mail indicating the date the assessment will be collected within the assessment area, and remitted as prescribed by the board.(b) No assessment money can be expended by the board, other than refund payments, until 60 days after the assessment has been enacted.</content><note type="source"><p>Source Note: The provisions of this §23.41 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.42"><num value="23.42">§23.42</num><heading>Assessment Restrictions</heading><content>(a) Assessments may not be used to directly or indirectly promote or oppose the election of candidates for public office or influence legislation.(1) Entities and individuals receiving funding from a board shall not use funds to support or oppose the election of candidates for public office or influence legislation.(2) Assessments may not be used to fund research which shall be utilized solely to influence legislation.(b) The term "influence legislation" includes, but is not limited to:(1) any attempt to affect the opinions of the general public or any segment thereof regarding pending or anticipated legislation;(2) communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of pending or anticipated legislation;(3) contacting or urging the public or producers covered by a board to contact members of a legislative body for the purpose of proposing, supporting, or opposing legislation;(4) actively advocating the adoption or rejection of legislation by filing formal comments in support of or in opposition to pending or anticipated legislation; or(5) encouraging members or producers to do any of the actions identified in paragraphs (1) - (4) of this subsection.(c) The term "influence legislation" does not include the following:(1) the development and recommendation to the legislature of amendments to Texas Agriculture Code, Chapter 41;(2) communication to appropriate government officials of information relating to the conduct, implementation, or results of promotion, research, consumer information, or industry information activities under Texas Agriculture Code, Chapter 41;(3) any action designed to market an agricultural commodity or commodity products directly to a foreign government or political subdivision thereof;(4) making the results of nonpartisan analysis, study, or research available to the public or producers;(5) providing technical advice or assistance to a governmental body, a committee, or other subdivision thereof, including appearances before any such body, committee or subdivision, in response to a request by such body, committee or subdivision;(6) appearances before, or communications to, any legislative body with respect to a possible decision which could affect the existence of the organization, its powers and duties, or tax-exempt status;(7) communications between the board and producers represented by the board with respect to legislation or proposed legislation of direct interest to the organization and such producers, other than communications permitted by this section;(8) any communication with a government official or employee, other than a communication with a member or employee of a legislative body where such communication would otherwise constitute the influencing of legislation; and(9) publication of articles regarding pending legislative issues of interest to members or producers which contain neutral, factual reports.</content><note type="source"><p>Source Note: The provisions of this §23.42 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scA/s23.43"><num value="23.43">§23.43</num><heading>Discontinuance of Assessment</heading><content>If a referendum is held for the discontinuance of an assessment and the Commissioner certifies the results in favor of discontinuance, then the assessment collection shall become void immediately. All commodity process points shall be notified by registered or certified mail by the board within 10 days to discontinue collection of the assessment. The board must submit to the Commissioner within 90 days a plan of disbandment. All remaining money after obligations have been paid shall be expended for projects of research, disease and insect control, predator control, education, and promotion, designated to encourage the production marketing and use of the agricultural commodity upon which the assessment was levied. Books will be audited and will be filed with the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §23.43 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c23/scB"><num value="B">SUBCHAPTER B</num><heading>BEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS</heading><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.100"><num value="23.100">§23.100</num><heading>Scope and Conflict of Law</heading><content>Texas Agriculture Code, Chapter 41, Subchapter H and this subchapter govern the Beef Promotion and Research Council of Texas and the state beef check off program. To the extent that there is a conflict with other sections of this chapter, this subchapter shall control.</content><note type="source"><p>Source Note: The provisions of this §23.100 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.101"><num value="23.101">§23.101</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Cattle--Live domesticated bovine animals regardless of age.(2) Commodity process point--Location determined by the Council where assessments are collected.(3) Council--The Beef Promotion and Research Council of Texas, established pursuant to Texas Agriculture Code, Chapter 41, Subchapter H.(4) Extension--Texas A&M AgriLife Extension Service.(5) Headquarters--The principal office of the Texas Department of Agriculture located in Austin, Texas.(6) Physical balloting--A designated location determined by the Commissioner where an eligible producer may vote in person.</content><note type="source"><p>Source Note: The provisions of this §23.101 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.103"><num value="23.103">§23.103</num><heading>Conduct of Referendum</heading><content>(a) Upon request of the Council, the Commissioner shall conduct and prescribe the manner to conduct a referendum under Texas Agriculture Code, §41.162.(b) Notice of the referendum shall be published at least once in one or more newspapers published and distributed within the boundaries in which the Council operates. The notice shall be published at least 60 days before the date of the referendum. In addition, at least 60 days before the date of the referendum, the Department will give direct written notice to each Extension office in the state.(c) Notice provided in accordance with subsection (b) of this section shall include:(1) the date of the referendum;(2) the manner in which the referendum is to be conducted and the assessment collected;(3) the purpose of the referendum;(4) if an assessment referendum is being conducted, the maximum assessment to be paid by producers;(5) if held by physical balloting, the date, hours, and polling places for voting in the referendum and election, and the manner in which ballots will be distributed and deadline for submission of ballots;(6) whether a producer exemption is to be allowed, or whether the assessment shall be collected on a refund-only basis; and(7) who to contact for more information.(d) Ballots must bear the signature and the address of the producer to be valid. A producer's signature on the ballot certifies that the voter owned cattle in the last 12 months before the date of the referendum.(e) A canvassing committee appointed by the Commissioner shall count the ballots and verify the referendum results to the Commissioner for certification. Referendum results will be certified by the Commissioner.(f) After the ballots are canvassed and the results certified by the Commissioner, the ballots shall be locked in a container and stored at the Headquarters for a period of 45 days. The container containing referendum ballots cannot be opened for the 45-day period without a court order or written request for recount. If no contests arise out of the referendum within 45 days after certification of such referendum, the Commissioner shall destroy the ballots by shredding.(g) The referendum will be conducted in person and ballots will be available for eligible producers to vote at all Extension offices. Eligible producers may vote during normal office hours of the Extension offices during the voting period.(1) An eligible producer who is unable to access an Extension office to vote may request a mail ballot by contacting Headquarters. No eligible producer requesting a mail ballot shall be refused a ballot.(2) Ballots will be mailed to Headquarters, by the Extension offices via paid postage and by a deadline to be determined by the Department;(3) Ballots submitted to the Department by mail shall be maintained at Headquarters.(h) A watcher may be present at Headquarters for the purpose of observing the processing of election results and until members of the canvassing committee complete their duties. Written notice of intent to be present during processing must be submitted to the Department at least 3 days prior to canvassing.(i) Request for Recount. A request for recount must:(1) be in writing;(2) state the grounds for the recount;(3) be submitted to the Commissioner within 10 calendar days of canvass results; and(4) be signed by the person requesting the recount or, if there is more than one person, any one or more of them and state each requesting person's name and residence address. If the request is made on behalf of an organization or association, the person submitting the request must state that they are authorized to request a recount on behalf of the organization or association.(j) Conduct of Recount. A recount will be conducted by the Department, under the supervision of a representative of the Office of the Secretary of State.</content><note type="source"><p>Source Note: The provisions of this §23.103 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.104"><num value="23.104">§23.104</num><heading>Requirements of the Council</heading><content>(a) The Council shall have an annual independent audit of the books, records of account and minutes of proceedings maintained by the Council prepared by an independent certified public accountant or firm of independent certified public accountants. The audit shall be filed with the Council and the Commissioner and shall be made available to the public upon request to the Council or the Commissioner. The state auditor or the Department may examine any work papers from the independent audit or may audit the transactions of the Council if the state auditor or the Department's internal auditor determines that an additional audit is necessary.(b) Not later than the 30th day after the last day of the fiscal year the Council shall submit to the Commissioner a report itemizing all income and expenditures and describing all activities of the Council during the preceding fiscal year. The annual report shall include, at a minimum:(1) a balance sheet of assets and liabilities;(2) an itemization of income/expenditures and;(3) a statement of Council activities carried out in the year covered by the report.(c) The Department may allow for late filings of the report required by subsection (b) of this section for good cause.(d) The Council shall provide fidelity bonds in amounts determined by the Council for employees or agents who handle funds for the Council.(e) The Council shall submit its annual budget to the Commissioner for approval, prior to any expenditure of funds. The Commissioner shall act on the Council's budget submission within 45 days of receipt of the submission.</content><note type="source"><p>Source Note: The provisions of this §23.104 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.105"><num value="23.105">§23.105</num><heading>Collection of Assessments</heading><content>(a) The assessment shall be collected at commodity process points. Except as provided by subsection (b) of this section, the commodity process point shall collect the assessment by deducting the appropriate amount from the purchase price of the cattle or from any funds advanced for that purpose.(b) If the producer and commodity process point are the same legal entity, or if the producer retains ownership after processing, the commodity process point shall collect the assessment directly from the producer at the time of processing/sale.(c) The secretary-treasurer of the Council, by registered or certified mail, shall notify each known commodity process point of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the commodity process point is to begin collecting the assessment.(d) The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction. The commodity process point shall furnish a copy of the document to the producer.(e) Unless otherwise provided by the original referendum, no later than the 15th day of each month, the commodity process point shall remit the amount collected during the previous month to the secretary-treasurer of the Council, along with a completed form prescribed by the Council reflecting such amount.(f) The timeliness of a payment to the Council shall be based on the applicable postmark date or the date actually received by the Council, whichever is earlier.</content><note type="source"><p>Source Note: The provisions of this §23.105 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.106"><num value="23.106">§23.106</num><heading>Refunds</heading><content>(a) A producer who has paid an assessment in accordance with §23.105 of this subchapter (relating to Collection of Assessments), may obtain a refund of the amount paid by filing an application for refund with the secretary-treasurer within 60 days after the date of assessment. The application must be on a form prescribed by the Council and accompanied by proof of payment of the assessment.(b) The timeliness of an application for refund shall be based on the applicable postmark date or the date actually received by the Council, whichever is earlier.(c) Provided that the assessment has been remitted to the Council by the commodity process point, the secretary-treasurer shall pay the refund to the producer before the 11th day of the month following the month in which the application for refund and proof of payment are received.</content><note type="source"><p>Source Note: The provisions of this §23.106 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c23/scB/s23.107"><num value="23.107">§23.107</num><heading>Penalties</heading><content>(a) Any unpaid assessments due to the Council pursuant to §23.105 of this subchapter (relating to Collection of Assessments) shall be increased 2.0 percent each month beginning with the day following the date such assessments were due. Any remaining amount due, which shall include any unpaid charges previously made pursuant to this section, shall be increased at the same rate on the corresponding day of each month thereafter until paid. For the purposes of this section, any assessment that was determined at a date later than prescribed by this subchapter because of a person's failure to submit a report to the Council when due shall be considered to have been payable by the date it would have been due if the report had been filed when due.(b) Upon failure to remit assessments, the Council may use data to determine a fair assessment in order to provide a basis for penalty as found in subsection (a) of this section. Data used by the Council to determine a fair assessment may include, but is not limited to, historical sales trends, market reports, or information provided by other governmental agencies.(c) Violations of this subchapter may be referred to the Department for assessment of administrative penalties, civil or criminal penalties, or the suspension or revocation of a Department issued license in accordance with Chapter 41 of the Agriculture Code.</content><note type="source"><p>Source Note: The provisions of this §23.107 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c24"><num value="24">CHAPTER 24</num><heading>HEMP PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scA/s24.1"><num value="24.1">§24.1</num><heading>Definitions</heading><content>Words used in this chapter in the singular form shall be deemed to impart the plural, and vice versa, as the case may demand. For the purposes of provisions and regulations of this chapter, unless the context otherwise requires, the following terms shall mean:(1) "Act" means Texas House Bill 1325, relating to the production and regulation of hemp in Texas, as codified in Chapters 121 and 122 of the Code. (2) "Acceptable hemp THC level" means a delta-9 tetrahydrocannabinol content concentration level on a dry weight basis, that, when reported with the laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3% or less. For example, if the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/- 0.06%, the measured delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of plan compliance. This definition of "acceptable hemp THC level" affects neither the statutory definition of hemp, in 7 U.S.C. §1639o(1) and Texas Agriculture Code §121.001, nor the definition of "marihuana," in 21 U.S.C. §802(16) and in Texas Health and Safety Code §481.002(26). (3) "Administrative action" includes a denial, revocation or suspension of a license, or an assessed penalty.(4) "Applicant" means a person, or a person who is authorized to sign for a business entity, who submits an application to participate in the Department's hemp program.(5) "Cannabis" means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.(6) "Certified or Approved hemp seed" means seed that meets the legal standards for seed quality and labeling required by Texas and federal law, the legal standards of the jurisdictions from where the seed is originally sold and produced, and the additional hemp seed quality and labeling requirements required by the Department. (7) "Contiguous" means all of the lots in or on a location owned or controlled by one owner or tenant, or the same owner and tenant, and no lot is separated from the other lots on the location by different ownership or control, or a public right of way, a navigable waterway, or an area greater than sixty feet. (8) "Controlled Substance" is defined in Tex. Health & Safety Code §481.002(5). The term does not include hemp, as defined by Tex. Agric. Code §121.001, or the tetrahydrocannabinols in hemp.(9) "Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. For purposes of this chapter, a conviction is expunged when the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this chapter.(10) "Corrective action plan" means a plan established by the Department for a licensed hemp producer to correct a negligent violation or non-compliance with the hemp program, this chapter, or other state or federal statute. Based upon a stated breach of law or rule, a corrective action plan provides proof of and explains how past actions or omissions were compliant with law and regulation, and/or how future activities will comply with law and regulation.(11) "Criminal History" means the results of a criminal background investigation conducted by the Department. (12) "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or recklessly.(13) "Cultivate" as defined by Tex. Agric. Code §122.001(1) means to plant, irrigate, cultivate or harvest a hemp plant.(14) "Days" means business days unless otherwise specified. (15) "Decarboxylation" means the removal or elimination of carboxyl group from a molecule or organic compound.(16) "Decarboxylated" means the completion of the chemical reaction that converts THC-acid into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid.(17) "Delta-9 tetrahydrocannabinol or THC or Delta-9-THC" means the primary psychoactive component of cannabis. For the purposes of this chapter, the terms delta-9-THC and THC are interchangeable. (18) "Department or TDA" means the Texas Department of Agriculture.(19) "Drug Enforcement Administration or DEA" means the United States Drug Enforcement Administration. (20) "DPS" means the Texas Department of Public Safety.(21) "Dry weight basis" means the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. Dry weight is a basis for expressing the percentage of a chemical in a substance after removing the moisture from the substance. The percentage of THC on a dry weight basis means the percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.(22) "Entity" means a corporation, general partnership, joint stock company, association, limited partnership, limited liability partnership, limited liability company, series limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization. The term entity includes a domestic or foreign entity defined in Texas Business Organizations Code §1.002 that will be, or proposes to be, in hemp production within the State of Texas.(23) "Facility" means a location with a legal description and is within the legal control of a person or entity. A facility may consist of multiple fields, greenhouses, storage, and/or lots.(24) "Farm Service Agency or FSA" means an agency of the United States Department of Agriculture.(25) "Field" means an outdoor area of land consisting of one or more lots on which the producer will produce or store hemp.(26) "Final test" means the last Department-authorized laboratory test conducted from a final sample collected. (27) "Final sample" means the last Department-authorized sample collected from a lot. (28) "Gas chromatography or GC" means a type of chromatography in analytical chemistry used to separate, identify, and quantify each component in a mixture. GC relies on heat for separating and analyzing compounds that can be vaporized without decomposition.(29) "Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object. This includes GPS coordinates. (30) "Greenhouse" means any indoor structure consisting of one or more lots on which the producer will produce or store hemp.(31) "Governing person" has the meaning assigned by Tex. Bus. Orgs. Code §1.002. (32) "GPS" means Global Positioning System.(33) "Handle" as defined by Tex. Agric. Code §122.001(3) means to possess or store a hemp plant on premises owned, operated, or controlled by a license holder for any period of time, or in a vehicle for any period of time other than during the actual transport of the plant from a premises owned, operated or controlled by a license holder to a premises owned, operated or controlled by another license holder, or a person licensed under Tex. Health & Safety Code, Chapter 443. "Handle" also means to harvest or store hemp plants or hemp plant parts prior to the delivery of such plants or plant parts for further processing. "Handle" also includes the disposal of cannabis plants that are not hemp for purposes of chemical analysis and disposal of such plants.(34) "Harvest" means to cut, gather, take, or remove all or part of the cannabis plants growing in a lot or lots, for the purpose of disposal, cloning, distribution, processing, storage, sale, or any other use. "Harvest" does not include transplants from one lot to another lot if both lots are within the same license holder's control, and the plants are transplanted according to the hemp program rules and procedures. (35) "Hemp" or "industrial hemp" as defined Tex. Agric. Code §121.001 means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.(36) "Hemp research license" means a license issued to an institution of higher education to produce or handle hemp for research purposes.(37) "High-performance liquid chromatography or HPLC" means a type of chromatography technique in analytical chemistry used to separate, identify, and quantify each component in a mixture. HPLC relies on pumps to pass a pressurized liquid solvent containing the sample mixture through a column filled with a solid adsorbent material to separate and analyze compounds.(38) "Information sharing system" means the database which allows the Department to share Texas hemp program information with federal and state agencies. (39) "Institution of higher education" has the meaning assigned by Texas Education Code §61.003.(40) "Key participants" means a sole proprietor, a partner in a general partnership, a general partner in a limited partnership, or a person with executive managerial control in an entity. A person with executive managerial control includes persons such as a trustee, independent or dependent executor or administrator of an estate, chief executive officer, managing member, manager, president, vice president, general partner, chief operating officer and chief financial officer, or their equivalents. This definition does not include non-executive employees such as farm, field, or shift managers that do not make financial planning decisions and that do not vote or exercise control of an entity.(41) "Law enforcement agency" means any federal or Texas law enforcement agency.(42) "License" as defined by Tex. Agric. Code §122.001(6) means a hemp producer, handler, or sampler license issued by the Department. (43) "License holder" as defined by Tex. Agric. Code §122.001(7) means an individual or business entity holding a license. (44) "License holder who transplants" means a license holder who cultivates cannabis plants for the purpose of transplanting all living parts of those same cannabis plants according to Department rules and procedures.(45) "Lot" means a contiguous area in a facility, field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout the area.(46) "Lot permit" means a document issued by the Department authorizing a license holder to produce or handle a hemp crop within a lot. (47) "Marijuana or marihuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. The term "marihuana" does not include hemp and does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. "Marihuana" means all cannabis that tests as having a concentration level of THC on a dry weight basis of higher than 0.3 percent.(48) "Measurement of Uncertainty (MU)" means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.(49) "Negligence" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the regulations set forth under this chapter.(50) "Nonconsumable hemp product" as defined by Tex. Agric. Code §122.001(8) means a product that contains hemp, other than a consumable hemp product as defined by Tex. Health & Safety Code §443.001. The term includes cloth, cordage, fiber, fuel, paint, paper, particleboard, construction materials, and plastics derived from hemp.(51) "Person" means an individual or entity, unless otherwise indicated.(52) "Phytocannabinoid" means the Cannabinoid chemical compounds found in the cannabis plant, two of which are Delta-9 tetrahydrocannabinol (delta-9 THC) and cannabidiol (CBD).(53) "Postdecarboxylation" means a value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol content derived from the sum of the THC and THC-A content and reported on a dry weight basis. The postdecarboxylation value of THC can be calculated by using a chromatograph technique using heat, and gas chromatography, through which THC-A is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The postdecarboxylation value of THC can also be calculated by using a high-performance liquid chromatograph technique, which keeps the THC-A intact, and requires a conversion calculation of that THC-A to calculate total potential THC in a given sample. See the definition for decarboxylation. (54) "Processing" means converting an agricultural commodity into a marketable form.(55) "Produce" means to cultivate hemp plants in Texas.(56) "Producer" means a person who produces hemp. A producer includes an owner, operator, landlord, tenant, or sharecropper, who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm or facility, or would have shared had the crop been produced. A producer includes a grower of hybrid seed. A producer also means a person who stores the hemp plants they produced within Department-registered locations. (57) "Program or hemp program" means the process created by the state of Texas and federal statutes and regulations to facilitate the regulation and cultivation of hemp as a crop.(58) "Reverse distributor" means a person who is registered with the DEA in accordance with 21 C.F.R. §1317.15 to dispose of marijuana.(59) "Sample" means a composite, representative portion from one variety of hemp plants in a hemp lot, collected prior to harvest in accordance with Department guidelines and procedures.(60) "Sample collection date" means the date a hemp sample is collected by the Department or an authorized entity. To determine the sample collection date, the Department may take into consideration events of force majeure or unusual circumstances, including situations beyond a reasonable person's control.(61) "Sampler" means a person or entity authorized by the Department to conduct the sampling and collection of hemp plants.(62) "Signing authority" means an individual of a sole proprietorship, or an officer or agent of an entity with written authorization to commit the entity to a binding agreement or verify the contents of a governmental document.(63) "Specimen" means a cutting taken from a hemp plant for the purposes of sample collection.(64) "Storage" means any structure or container, whether temporary or permanent in nature, in which the producer or handler will store hemp. "Storage" does not include containers used to deliver samples.(65) "The Code" means the Texas Agriculture Code.(66) "Transplant" means to move a fully germinated seedling, mature plant, cutting, or clone from one lot and to replant it in another permanent lot under the control of the same license holder, for later harvest by the same license holder. "Transplant" also means a plant, cutting, or clone that has been moved from its initial lot of germination or cultivation for the purpose being transplanted. (67) "Transport manifest" includes a shipping certificate, cargo manifest or transport document developed by the Department or a U.S authority, authorizing transport of a hemp product within the State of Texas, any other state, the United States of America, or its territories. (68) "TPIA" means the Texas Public Information Act, Texas Government Code, Chapter 52.(69) "Unique ID" means the unique identifier established by the Department's hemp program.(70) "USDA" means the United States Department of Agriculture. (71) "U.S. authority" means the United States of America, USDA or a sub-agency thereof, a state, a US territory, or an Indian Nation, or federal, state or local law enforcement agency.</content><note type="source"><p>Source Note: The provisions of this §24.1 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scA/s24.2"><num value="24.2">§24.2</num><heading>Information Submitted to the United States Secretary of Agriculture</heading><content>(a) Not more than thirty (30) days after receiving and compiling the following information, the Department shall provide to the United States Secretary of Agriculture, or the Secretary's designee, the following information related to Department-licensed producers, in accordance with the Department's Information Gathering and Sharing Procedure:(1) full name of individual or entity, residential or principal business address, telephone number, email address, name and title of each key participant of the entity, and employer identification number, if applicable;(2) street address, and to the extent practicable, geospatial location for each production location where hemp will be produced in Texas;(3) acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp;(4) the total acreage of hemp planted, or square footage for greenhouses, harvested and if applicable, disposed; and(5) the status and license number of the license holder.(b) The Department shall provide real-time updates to USDA for all information that it reports to USDA under this rule, 7 C.F.R. §990.3, or 7 C.F.R. §990.70.</content><note type="source"><p>Source Note: The provisions of this §24.2 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scA/s24.3"><num value="24.3">§24.3</num><heading>Record Retention</heading><content>The Department shall collect and retain, for a period of at least three (3) calendar years information for every license holder, and location where the Department has approved hemp to be produced, handled, or sampled and collected.</content><note type="source"><p>Source Note: The provisions of this §24.3 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scA/s24.4"><num value="24.4">§24.4</num><heading>Information Submitted to the Department Subject to Open Records Act</heading><content>(a) Except as established in subsection (b) of this section, information and documents generated or obtained by the Department in connection with the program shall be subject to disclosure pursuant to the TPIA.(b) With the exception of information that must or may be reported or provided to USDA, the DEA, DPS, or local law enforcement, the Department shall withhold all personally identifiable information from disclosure as required or permitted by the TPIA, including physical address, mailing address, driver's license numbers, background checks, geospatial location, telephone, and email addresses.</content><note type="source"><p>Source Note: The provisions of this §24.4 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scB"><num value="B">SUBCHAPTER B</num><heading>FEES</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scB/s24.5"><num value="24.5">§24.5</num><heading>Schedule of Licensing and Registration Fees</heading><content>(a) The initial application fee shall be at least $100 for each license application.(b) The renewal fee shall be at least $100 for each annual license renewal application.(c) The participation fee shall be at least $100. A participation fee shall be assessed for the following, at a minimum for:(1) each facility;(2) each lot; and(3) a processor registration.(d) The facility modification fee shall be at least $500 for each modified facility.</content><note type="source"><p>Source Note: The provisions of this §24.5 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scB/s24.6"><num value="24.6">§24.6</num><heading>Schedule of Sampling, Collection, and Testing Fees</heading><content>(a) The laboratory registration fee shall be in an amount established by the Department.(b) The fee for sampling and collection conducted by the Department shall be $300.(c) The license holder shall be responsible for all fees payable to a licensed sampler contracted with the Department to conduct sampling and collection under the Department's hemp program.(d) The license holder shall be responsible for all fees related to the actual shipment or transport of a hemp sample to the laboratory.(e) The license holder shall be responsible for all testing fees payable to the laboratory.</content><note type="source"><p>Source Note: The provisions of this §24.6 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scB/s24.7"><num value="24.7">§24.7</num><heading>Other Fees</heading><content>(a) The fee for each Department-issued transport manifest shall be in an amount established by the Department.(b) The fee for the organic certification of hemp shall be in an amount established by the Department.(c) The fee to participate in an optional marketing program shall be in an amount established by the Department.(d) The fee for certification of seed or plants shall be in an amount established by the Department.</content><note type="source"><p>Source Note: The provisions of this §24.7 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scC"><num value="C">SUBCHAPTER C</num><heading>LICENSING</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.8"><num value="24.8">§24.8</num><heading>License Application</heading><content>(a) Any person who wishes to produce, handle, or sample and collect hemp at any location in the State of Texas shall submit to the Department annually a completed license application in a form prescribed by the Department.(b) A person who does not hold a valid license from the Department shall not produce, handle, or sample and collect hemp within the State of Texas.(c) An applicant shall pay the required annual fee for each application, renewal or modification of a license.(d) A license shall not be issued unless:(1) the application is submitted online to the Department;(2) the application is complete and accurate;(3) the applicant has completed a Department mandatory orientation course;(4) the applicant for a sampler license has completed an additional Department sampling and collection training course;(5) the applicant has paid all required fees, in the amounts established by the Department or statute;(6) the applicant's criminal history confirms that all key participants covered by the license have not been convicted of a felony, under state or federal law, relating to a controlled substance within the past ten (10) years, unless the person was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before December 20, 2018;(7) the application contains no false statements or misrepresentations and the applicant has not previously submitted an application with any false statements or misrepresentations; and(8) the applicant's hemp license has not been terminated or suspended.(e) Each applicant shall provide the following information for each license application:(1) full name, Texas address, telephone number, and email address;(2) if the applicant is submitting an application on behalf of an entity, the full name of the entity, the principal Texas business location address, the full names, titles, addresses, and emails of key participants, the full name, title, and email of the applicant who will have signing authority, and the Texas taxpayer ID number;(3) for a producer or handler license:(A) street address and geospatial location including GPS for each facility where hemp will be cultivated or stored; and(B) proof of ownership or control over the location where hemp will be cultivated or stored; and(4) all other information required by the Department.(f) Licenses will not be automatically renewed, and must be renewed annually prior to license expiration. Renewal applications are subject to the same terms, information collection requirements, and approval criteria as required for initial applications.(g) A license holder must submit a license modification if there is any change to the information submitted in the application including, but not limited to, sale of a business, a change in or new location of the facility for the production, handling, or storage of hemp in Texas, or a change in the key participants.(h) The Department shall notify each applicant by letter or email of the denial or approval of the person's application.</content><note type="source"><p>Source Note: The provisions of this §24.8 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.9"><num value="24.9">§24.9</num><heading>Ineligibility for a License</heading><content>(a) A person under the age of eighteen (18) years of age at the time the application is submitted to the Department is ineligible for a license.(b) A person who has had a hemp license revoked by the Department, USDA, another state, Indian nation, or U.S. territory is ineligible to apply for participation in the Department hemp program for a period of five (5) years from the date of revocation. Upon application following the five-year exclusionary period, the Department may deny an application for any lawful reason, including previous conduct that occurred while licensed by the Department, USDA, another state, Indian nation, or U.S. territory.(c) A person who is or has been convicted of a felony relating to a controlled substance under federal law or the law of any state may not, before the 10th anniversary of the date of the conviction, hold a license, or be a key participant of a license holder, or be a governing person of a business entity that holds a license unless the person was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before December 20, 2018.(d) A person who falsifies any information contained in a license application to the Department, or has previously submitted an application to the Department, USDA, another state, Indian nation, or U.S. territory with any materially false statements or misrepresentations is ineligible for a license.</content><note type="source"><p>Source Note: The provisions of this §24.9 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.10"><num value="24.10">§24.10</num><heading>Criteria for Evaluation of License Application</heading><content>(a) The applicant shall submit a complete application with all required components and attachments.(b) The applicant's history with other TDA programs, if any, shall demonstrate a willingness to comply with the Department's rules and instructions from Department staff.(c) The applicant does not owe TDA any money under a final order.(d) The applicant must not have a criminal conviction described in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §24.10 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.11"><num value="24.11">§24.11</num><heading>Criminal Background Check</heading><content>(a) Each applicant, including each key participant of an entity, shall undergo and pay for an annual criminal background check.(b) Each license holder must undergo and pay for an additional criminal background check if it changes or adds, prior to the anniversary date of its license, a key participant not previously identified on an application or renewal application.(c) Each license holder or applicant is required to pay, as a condition to initial or continued licensure under the program, all required criminal background check fees assessed by the Department.</content><note type="source"><p>Source Note: The provisions of this §24.11 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.12"><num value="24.12">§24.12</num><heading>Administrative Appeal from Denial of License Application</heading><content>(a) A license applicant may appeal the denial of a license application.(b) If the Department sustains an applicant's appeal of a licensing denial, the applicant will be issued a license.(c) If the Department denies an appeal, the applicant's license application will be denied. The applicant may request a formal adjudicatory proceeding within 30 days in writing to review the decision. Such proceeding shall be conducted pursuant to Chapter 12 of the Code.</content><note type="source"><p>Source Note: The provisions of this §24.12 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.13"><num value="24.13">§24.13</num><heading>Terms and Conditions for License Holders</heading><content>(a) As an initial and continuing condition of licensure under the Department's hemp program, a license holder consents to entry on and inspection of all locations identified in an initial or renewal application, and all land and premises where hemp or other cannabis plants or materials are located. Such consent includes representatives of the Department or U.S. authority, who may enter such location(s), land, and premise(s) with or without cause, and with or without advance notice.(b) As an initial and continuing condition of licensure under the Department's hemp program, a license holder has a legal duty and obligation to destroy, at the license holder's expense, in accordance with DEA reverse distributor regulations found at 21 C.F.R. §1317.15, and without compensation from the State of Texas, USDA or the federal government, any:(1) material found in excess of an acceptable hemp THC level;(2) plants located in an area that is not licensed by the Department; and(3) plants not accounted for in required reporting to the Department.(c) A license holder shall not sell, assign, loan, transfer, pledge or otherwise dispose of, alienate or encumber a license. A license is not transferrable upon the death of a license holder, except upon the death of a license holder the independent or dependent executor of the deceased license holder may contract with another license holder to cultivate, harvest, handle, test, and convey the hemp crop existing at the time of the license holder's death.(d) A license holder shall not produce or handle hemp in any location other than the location listed in an initial or renewal application or facility addition or modification request.(e) A license holder, other than a Hemp Research License Holder, shall not interplant hemp with any other crop without express written permission from the Department.(f) A license holder shall comply with restrictions established by the Department limiting the movement of hemp plants and plant parts.(g) A license holder shall ensure that at any time hemp is in transit, whether in intrastate or interstate commerce, a Department issued transport manifest shall be available for inspection upon the request of a representative of the Department, or U.S. authority.(h) Upon request from a representative of the Department, or U.S. authority, a license holder shall immediately produce a copy of his or her license for inspection.(i) A license holder shall notify the Department of any interaction with any U.S. authority, within twenty-four (24) hours following such interaction, by telephone call to the Department and follow-up in writing to the Department within three (3) calendar days of the occurrence.(j) A license holder shall notify the Department of any theft of cannabis materials, whether growing or not, within 48 hours of discovery.(k) A license holder shall report to the USDA, Agricultural Marketing Service (AMS), or Farm Service Agency (FSA), consistent with USDA requirements:(1) their license or authorization number, street address, and facility and lot geospatial location, including all transplantation areas, where hemp is and will be produced;(2) the acreage dedicated to the production of hemp, or greenhouse indoor square footage dedicated to the production of hemp, and the total acreage or square footage of hemp planted, harvested and if applicable, disposed; and(3) any change in the facility or lot geospatial location or amount of acreage dedicated to the production of hemp, and any change in the facility or lot geospatial location or amount of greenhouse indoor square footage dedicated to the production of hemp, including the total acreage or square footage of hemp planted, harvested and if applicable, disposed due to said changes.(l) Failure to comply with this chapter, or any procedure or process established by the Department related to the cultivation, handling, sampling and collection, processing, testing, storage or transport of hemp, or any request by the Department related to the cultivation, handling, sampling and collection, processing, testing, storage or transport of hemp, shall constitute grounds for appropriate enforcement action including, without limitation, the assessment of administrative penalties, the requirement to undertake corrective action, the denial of an initial or renewal application, the revocation of a license, the referral to other state and federal agencies for civil or criminal action, or any combination of such remedies by the Department.</content><note type="source"><p>Source Note: The provisions of this §24.13 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.14"><num value="24.14">§24.14</num><heading>Restrictions for License Holders</heading><content>(a) A license holder shall not produce or handle any cannabis that is not hemp.(b) A license holder shall not produce or handle hemp or other cannabis on a facility unless the facility is identified on an application, renewal application or facility addition or modification request approved by the Department.(c) Hemp shall be physically segregated from other crops unless prior approval is obtained in writing from the Department.(d) An applicant or license holder shall not include any real property on an application or facility addition or modification request that is not owned or completely controlled by the applicant or license holder, to produce or handle hemp.(e) A license holder shall not produce or handle hemp or other cannabis on real property owned by or leased from:(1) a person who is ineligible for licensure under the Department's hemp program; or(2) a person whose application or renewal application for participation in the Department's hemp program was denied, or whose license was terminated or revoked.(f) The legal cultivation of cannabis in another state pursuant to the authorization granted by said state shall not prevent a person from holding a license in Texas.(g) A person who holds a producer and sampler license with the Department shall not conduct the sampling and collection of their own hemp product.</content><note type="source"><p>Source Note: The provisions of this §24.14 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.15"><num value="24.15">§24.15</num><heading>License Holders Who Transplant</heading><content>(a) In order to be eligible to transplant cannabis plants, a license holder must acquire a lot permit for the initial area of cultivation and indicate the final transplantation area, and anticipated date of transplant.(b) The area where a license holder who transplants initially cultivates cannabis plants and the final transplantation area shall constitute one lot with two (2) registered geospatial locations.(c) A license holder shall not divide a lot from the initial area of cultivation for transplant into more than one (1) transplantation area.(d) In the event the initial area of cultivation is not within the same facility as the final transplantation area, the license holder who transplants must request a transport manifest from the Department before transporting a lot of cannabis plants to a separate facility for transplanting purposes. A transport manifest shall be valid for five (5) days from the date of issuance.(e) A sale or transfer of a lot of cannabis plants from a license holder to another license holder for transplant is considered a harvest.</content><note type="source"><p>Source Note: The provisions of this §24.15 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.16"><num value="24.16">§24.16</num><heading>Facility Addition or Modification</heading><content>(a) A license holder who elects to produce or handle hemp in a facility other than the facility specified by the geospatial location in the applicant's original licensing application shall register the new facility by submitting a facility addition or modification request form and obtain written approval from the Department for the new facility.(b) In the event the geospatial location of a facility previously registered with the Department changes, the license holder must submit a facility addition or modification request form and obtain written approval from the Department for the modified facility.(c) Once a license holder obtains approval from the Department, the license holder may cultivate, handle or produce hemp at the newly added or modified facility.(d) The Department shall not process or approve a facility addition or modification request until the Department has received the required forms and fees.</content><note type="source"><p>Source Note: The provisions of this §24.16 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.17"><num value="24.17">§24.17</num><heading>Lot Permit</heading><content>(a) A license holder must acquire a lot permit from the Department for each lot where the license holder intends to produce or handle hemp prior to producing or handling hemp. The applicant shall submit, at a minimum the license number, geospatial location of the lot where the hemp variety will be planted, the facility where the lot is located, and anticipated dates of cultivation.(b) An application that is missing required information shall be subject to denial.(c) A change in the geospatial location of a lot where the hemp variety will be planted will be considered by the Department as a new lot.</content><note type="source"><p>Source Note: The provisions of this §24.17 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.18"><num value="24.18">§24.18</num><heading>Reporting and Recordkeeping</heading><content>(a) License holders shall maintain records and reports of all hemp plants acquired, produced, handled, sampled and collected, or disposed for at least three years, using a Department form.(b) All records shall be maintained and made available for inspection by Department inspectors, US authorities, or their representatives, during reasonable business hours. The following records must be made available:(1) records regarding acquisition of hemp seed or cultivars;(2) records regarding production of hemp;(3) records regarding handling of hemp;(4) records regarding sampling and collection of hemp;(5) records regarding disposal of all cannabis plants that, upon testing by the Department, the license holder, or US authority, exceeds the acceptable hemp THC level; and(6) records regarding the transport or proposed transport of hemp, including transport manifests.(c) All reports and records required to be submitted to the Department as part of participation in this program which include confidential data or business information, including but not limited to information constituting a trade secret or disclosing a trade position, financial condition, or business operations of the particular license holder or their customers, shall be received by, and at all times kept in the custody and control of, the Department and its employees in accordance with the requirements of Texas law and the Department's information security procedures and policies. Confidential data or business information may be shared with US authorities, or their designees. License holders are responsible for identifying all of the license holder's confidential data or business information, including but not limited to information constituting a trade secret or trade positions, financial conditions, or business operations of the particular license holder or its customers which the license holder deems to be protected from disclosure by the Department. Such identification must be made by separate written communication to the Department specifically identifying the information sought to be protected by the license holder.</content><note type="source"><p>Source Note: The provisions of this §24.18 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scC/s24.19"><num value="24.19">§24.19</num><heading>Registration of Nonconsumable Hemp Processors</heading><content>(a) All persons who intend to process nonconsumable hemp products shall register with the Department.(b) Only a processor registered with the Department shall process nonconsumable hemp products in the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §24.19 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scD"><num value="D">SUBCHAPTER D</num><heading>INSPECTIONS, SAMPLING AND COLLECTION</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scD/s24.20"><num value="24.20">§24.20</num><heading>Site Access for Representatives of the Department and Law Enforcement Agencies</heading><content>(a) The Department, the DEA, DPS, and local law enforcement agencies, along with their representatives and employees, shall be provided with complete and unrestricted access to all hemp plants, whether growing or harvested, and all facilities used for the production and storage of all hemp in all locations where hemp is produced or handled.(b) The Department or its representative shall conduct random inspections of license holders to verify the production and handling of hemp complies with applicable state and federal law.(c) During a scheduled sample collection, the producer or an authorized representative of the producer shall be present at each lot undergoing sampling and testing.</content><note type="source"><p>Source Note: The provisions of this §24.20 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scD/s24.21"><num value="24.21">§24.21</num><heading>Sampling and Collection</heading><content>(a) Sampling and Collection Notification.(1) A completed sample request form from a license holder shall be submitted to the Department at least fifteen (15) days prior to the expected harvest date.(2) The Department's receipt of a sample request form triggers a site inspection and sample collection by the Department or its representative.(b) Sampling and Collection.(1) The material selected for sampling will be determined by the Department's Sampling and Collection Procedure.(2) If the license holder fails to complete harvest within fifteen (15) days of sample collection, a secondary sample of each lot to be harvested shall be collected and submitted for testing. The license holder must notify the Department of a delay in harvesting by submitting another, or second, complete, sample request form to initiate a second or subsequent sample collection from each lot to be harvested.(3) The Department will grant or conduct no more than two (2) sample requests per lot. The Department may grant or conduct additional sample requests under unusual circumstances, including an event unforeseeable by a reasonable person.(4) A separate sample must be taken for each lot.(5) Samples shall be labeled and prepared for transport to the laboratory for testing in accordance with the Department's Sampling and Collection Procedure.</content><note type="source"><p>Source Note: The provisions of this §24.21 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scD/s24.22"><num value="24.22">§24.22</num><heading>Lot Report</heading><content>(a) A license holder shall provide a lot report to the Department no later than the 30th day after a final sample is collected from a lot, or no later than 180 days from the lot permit issue date, whichever is earlier.(b) A lot report shall be provided using a Department form and must contain the following information at a minimum, regarding the particular lot:(1) license holder account number;(2) facility ID and lot ID;(3) sample(s) ID(s) and test ID(s);(4) disposition of cannabis plant materials produced or handled within the lot (e.g. harvest, disposal, transplanting, cloning, distribution, processing, sale, or other use) and any Department-issued transport manifest;(5) total acres or square footage of cannabis plant material produced or handled; and(6) a certified statement indicating whether or not any living cannabis plants remain in any lot identified in the lot report. In the event any living cannabis plants remain in any lot identified in the lot report, the license holder shall further provide a certified statement indicating whether the license holder intends to dispose of or cultivate the remaining, living cannabis plants.(c) The license holder shall report and certify disposal of cannabis plants to the Department in the lot report and include a description of the date and method of disposal.(d) In the event the license holder cultivates the remaining, living cannabis plants, the license holder shall register the location(s) of the remaining, living cannabis plants as new lots and pay the applicable participation fee.</content><note type="source"><p>Source Note: The provisions of this §24.22 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scD/s24.23"><num value="24.23">§24.23</num><heading>Other Activities</heading><content>(a) A license holder shall not harvest a cannabis crop prior to samples being collected.(b) The license holder shall harvest the crop not more than 15 days following the date of sample collection by the Department, unless specifically authorized in writing by the Department.(c) Prior to processing, cannabis from harvested lots shall not be commingled with cannabis from other harvested lots or other material without prior permission from the Department.(d) A license holder may not sell or use harvested plants unless a test of the sample(s) for the lot associated with the harvested plants is at or below the acceptable hemp THC level.</content><note type="source"><p>Source Note: The provisions of this §24.23 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scE"><num value="E">SUBCHAPTER E</num><heading>TESTING</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scE/s24.24"><num value="24.24">§24.24</num><heading>Testing Laboratory</heading><content>(a) Registration.(1) An independent testing laboratory, or a laboratory in an institution of higher education, must be registered with the Department before performing any test related to the Department hemp program.(2) An independent testing laboratory or a laboratory in an institution of higher education shall submit a complete application for registration in a form prescribed by the Department.(3) An independent testing laboratory or a laboratory in an institution of higher education must be accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 and must be registered with DEA.(b) Registered Laboratories.(1) A list of Department-registered laboratories shall be available to license holders on the Department website.(2) A license holder may test a hemp sample using a registered laboratory in accordance with Tex. Agric. Code §122.151(c).(3) A license holder who uses a registered laboratory shall pay that laboratory's fees.(c) State of Texas Laboratory.(1) A license holder may test a hemp sample using a State of Texas Laboratory operated by the Department or its representative (State Laboratory).(2) The State Laboratory shall be used if the license holder fails to use a registered laboratory.(3) A license holder shall pay the State laboratory fees.(4) The State Laboratory shall be registered with DEA.</content><note type="source"><p>Source Note: The provisions of this §24.24 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scE/s24.25"><num value="24.25">§24.25</num><heading>Standards for Testing</heading><content>Analytical testing for purposes of detecting the concentration levels of delta-9 tetrahydrocannabinol (THC) in the flower material of the cannabis plant shall meet the following standards:(1) laboratory quality assurance must ensure the validity and reliability of test results;(2) analytical method selection, validation, and verification must ensure that the testing method used is appropriate (fit for purpose) and that the laboratory can successfully perform the testing;(3) the demonstration of testing validity must ensure consistent, accurate analytical performance; and(4) method performance specifications must ensure analytical tests are sufficiently sensitive for the purposes of the detectability requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §24.25 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scE/s24.26"><num value="24.26">§24.26</num><heading>Methods for Testing</heading><content>(a) Laboratories shall use appropriate, validated methods and procedures for all testing activities and evaluate the measurement of uncertainty.(b) At a minimum, analytical testing of samples for delta-9 tetrahydrocannabinol concentration levels must use post-decarboxylation or other similarly reliable methods approved by the Department.(c) The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC) and the test result reflect the total available THC derived from the sum of the THC and THC-A content. Testing methodologies meeting these requirements include, but are not limited to, gas or liquid chromatography with detection.(d) Alternative testing protocols will be considered by the Department if they are comparable and similarly reliable to the baseline established under the Department program. Alternative testing protocols must be requested of the Department in writing and approved in writing by the Department, provided they meet the requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §24.26 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scE/s24.27"><num value="24.27">§24.27</num><heading>Testing Procedure</heading><content>(a) The laboratory shall test samples in accordance with the Department "Testing Procedure".(b) The laboratory shall maintain the chain of custody of each sample using a form prescribed by the Department.(c) The laboratory shall retain the sample for a minimum of thirty (30) business days from the sample collection date.</content><note type="source"><p>Source Note: The provisions of this §24.27 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scE/s24.28"><num value="24.28">§24.28</num><heading>Reporting Test Results</heading><content>(a) The laboratory shall send the test results electronically to the Department and license holder no later than the fourteenth (14th) business day from the sample collection date.(b) The total delta-9 tetrahydrocannabinol concentration level shall be determined and reported on a dry weight basis. Additionally, measurement of uncertainty (MU) must be estimated and reported with the test results.(c) Any sample test result showing with at least 95% confidence that the THC content of the sample exceeds the acceptable hemp THC level shall be conclusive evidence that one or more cannabis plants or plant products from the lot represented by the sample contain a THC concentration in excess of that allowed. If the results of a test conclude that the THC levels of a sample conclusively exceeds the acceptable hemp THC level, the laboratory will promptly notify the producer and the Department or its authorized agent.</content><note type="source"><p>Source Note: The provisions of this §24.28 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scE/s24.29"><num value="24.29">§24.29</num><heading>Retest</heading><content>(a) A license holder may request a retest of the original sample within five (5) days from the date the license holder receives the results of the first test.(b) A license holder requesting a retest must use the laboratory that conducted the initial test.(c) The laboratory shall use the original sample, used in the first test, for the retest.(d) The results of the retest are final.</content><note type="source"><p>Source Note: The provisions of this §24.29 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scF"><num value="F">SUBCHAPTER F</num><heading>DISPOSAL</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scF/s24.30"><num value="24.30">§24.30</num><heading>Notice Procedures</heading><content>(a) The license holder shall submit a completed disposal report to the Department no later than seven (7) days after the license holder receives a final test result exceeding the acceptable hemp THC level.(b) The Department's receipt of a disposal report triggers a potential field inspection by the Department or its representative.(c) The Department will inform the license holder no later than seven (7) days after receiving the disposal report of the approved method of disposal.</content><note type="source"><p>Source Note: The provisions of this §24.30 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scF/s24.31"><num value="24.31">§24.31</num><heading>Non-compliant Cannabis Plants</heading><content>(a) Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a Schedule I controlled substance, which must be disposed of in accordance with the federal Controlled Substances Act (CSA) in 21 C.F.R. §13 and DEA regulations in 21 C.F.R. §1317.15.(b) A final test result exceeding the acceptable hemp THC level shall be conclusive evidence that the lot represented by the sample is non-compliant with state and federal law. The cannabis on that lot may not be further handled, processed, or enter the stream of commerce, other than for disposal purposes in strict compliance with the CSA and DEA regulations.(c) Disposal of Non-compliant Cannabis Plants.(1) Within five (5) days of receiving a notice of disposal from the Department, the license holder shall contact an appropriate DEA-registered reverse distributor or other authorized person or entity to request disposal of the non-compliant cannabis plants in strict compliance with the CSA and DEA regulations.(2) The license holder shall pay all costs and fees required for the destruction of non-compliant cannabis plants and shall surrender such plants to the DEA-registered reverse distributor or other authorized person or entity for disposal in accordance with DEA regulations, without compensation from TDA, the State of Texas, or U.S. authorities.(d) License holders must notify USDA and the Department of intent to dispose of non-compliant cannabis plants and verify disposal by maintaining and submitting records of the disposal.</content><note type="source"><p>Source Note: The provisions of this §24.31 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scG"><num value="G">SUBCHAPTER G</num><heading>ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.32"><num value="24.32">§24.32</num><heading>Complaints</heading><content>(a) Any person with cause to believe that any provision of the Code or this chapter, related to the Department hemp program, has been violated or not complied with by a license holder, may file a complaint with the Department. The Department will accept either a written or oral complaint, but may require the completion and signing of a complaint form before conducting an investigation into the circumstances or situation giving rise to the complaint.(b) Upon receipt of an acceptable complaint, the Department will investigate the complaint and make a written report.(c) The Department's written report will be made available to the public to the extent authorized by the TPIA.(d) The Department shall, as soon as possible, notify the person(s) believed to be responsible for the acts, omissions, circumstance(s) and situation(s) described in the complaint, and the owner or lessee of the land where the incident(s) allegedly occurred of the existence of the complaint.(e) The Department will not find a violation based solely on the uncorroborated statements of an anonymous or unidentified complainant. However, the Department routinely investigates all such complaints. The Department will determine the extent of the investigation and resources which are necessary to address any particular complaint.</content><note type="source"><p>Source Note: The provisions of this §24.32 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.33"><num value="24.33">§24.33</num><heading>Negligent Violations</heading><content>(a) A hemp producer shall be subject to enforcement for negligently producing hemp or for negligently producing cannabis (marijuana) which exceeds the acceptable hemp THC level.(b) Negligent violations shall include, but not be limited to:(1) failure to provide a legal description or geospatial location of the facility on which the license holder produces or stores hemp;(2) failure to obtain a license or other required authorization from the Department; or(3) production of cannabis with a delta-9 tetrahydrocannabinol concentration exceeding the acceptable hemp THC level.(c) Hemp producers do not commit a negligent violation under this chapter if they make reasonable efforts to grow hemp, and after sampling and testing, the cannabis (marijuana) does not produce a test result showing a delta-9 tetrahydrocannabinol concentration for the lot's sample of more than 0.5 percent on a dry weight basis.(d) For each negligent violation, the Department will issue a Notice of Violation and require the license holder to submit a corrective action plan. The Department shall review the corrective action plan and determine if the corrective action plan meets the requirements of 7 C.F.R. §990, the Code, this chapter, and the Department's other requirements. If the Department approves the corrective action plan, the license holder shall comply with the corrective action plan to cure the negligent violation. If the Department denies the corrective action plan, the license holder's license shall be revoked. Corrective action plans will be in place for a minimum of two (2) years from the date of their approval. Corrective action plans will, at a minimum, include:(1) the date by which the license holder shall correct each negligent violation;(2) steps to correct each negligent violation; and(3) a description of the written procedures to demonstrate compliance with applicable law and the Department's policies and procedures, which may include additional reporting requirements to show such compliance.(e) A license holder that negligently violates this chapter shall not, as a result of that violation, be subject to any criminal enforcement action in Texas.(f) If a subsequent violation occurs while a corrective action plan is in place, a new corrective action plan must be submitted with a heightened level of quality control, staff training, and quantifiable action measures.(g) A license holder that negligently violates the terms of a license three (3) times in a five-year period shall have their license revoked and be ineligible to produce hemp for a period of five (5) years, beginning on the date of the third violation.(h) The Department or any U.S. authority along with their authorized representatives and employees shall conduct inspections to determine if the corrective action plan has been implemented.</content><note type="source"><p>Source Note: The provisions of this §24.33 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.34"><num value="24.34">§24.34</num><heading>Violations with a Culpable Mental State Greater than Negligence</heading><content>(a) In addition to being subject to license suspension, license revocation, and monetary civil penalty procedures established in this chapter, a person who is found by the Department to have violated any statute or administrative regulation governing that person's participation in the hemp program with a culpable mental state greater than negligence shall be subject to the reporting requirements established in this section.(b) The Department shall immediately report a person who is found by the Department to have violated any statute or administrative regulation governing that person's participation in the hemp program with a culpable mental state greater than negligence to the following law enforcement agencies:(1) the Attorney General of the United States;(2) the Texas Department of Public Safety;(3) the Office of the Texas Attorney General; and(4) other law enforcement authorities with jurisdiction over the producer's acts or omissions that are the subject of the report.</content><note type="source"><p>Source Note: The provisions of this §24.34 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.35"><num value="24.35">§24.35</num><heading>License Suspension</heading><content>(a) The Department may issue a notice of suspension to a license holder if the Department or its representative receives credible evidence establishing that a license holder has:(1) engaged in conduct, being either an act or omission, violating a provision of this chapter; or(2) failed to comply with a written order from the Department related to negligence as defined in this chapter.(b) Any license holder whose license has been suspended shall not cultivate, handle or remove hemp or cannabis from any location where hemp or cannabis was located at the time when the Department issued its notice of suspension, without prior written authorization from the Department.(c) Any person whose license has been suspended shall not produce or handle hemp during the period of suspension.(d) A license holder whose license has been suspended may appeal that decision in accordance with this subchapter.(e) A license holder whose license has been suspended and not restored on appeal may have their license restored after a waiting period of one year from the date of the suspension, subject to the terms of a five-year revocation.(f) A license holder whose license has been suspended may be required to complete a corrective action plan to fully restore the license.</content><note type="source"><p>Source Note: The provisions of this §24.35 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.36"><num value="24.36">§24.36</num><heading>License Revocation</heading><content>The Department shall immediately revoke a license if a person:(1) pleads guilty to, or is convicted of, any felony related to a controlled substance under Texas law, federal law or the law of any other state;(2) made a false statement or provided false information or documentation to the Department or its representatives, with a culpable mental state greater than negligence; or(3) is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence, or negligently violated this chapter three (3) times in five (5) years.</content><note type="source"><p>Source Note: The provisions of this §24.36 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.37"><num value="24.37">§24.37</num><heading>Penalties</heading><content>Section 12.020 of the Code, which provides for the assessment of administrative penalties, applies to a person who violates the Code or this chapter. Failure to pay an administrative penalty assessed by a final order of the Department is a violation of this chapter. Failure to pay a final judgment which assesses a civil penalty in which express findings of a violation are made, and which was entered pursuant to the Code or this chapter, shall also constitute a violation of this chapter.</content><note type="source"><p>Source Note: The provisions of this §24.37 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scG/s24.38"><num value="24.38">§24.38</num><heading>Appeals</heading><content>(a) Persons who believe they are adversely affected by the assessment of an administrative action may appeal such decision to the Department.(b) If the Department sustains the appeal of an administrative action, the person will retain their license and not be subject to the administrative action proposed by the Department in all or part.(c) If the Department denies the appeal of an administrative action, the license will be revoked or suspended and any administrative action will be imposed. The person may request a formal adjudicatory proceeding in accordance with Chapter 12 of the Code.</content><note type="source"><p>Source Note: The provisions of this §24.38 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scH"><num value="H">SUBCHAPTER H</num><heading>TRANSPORTATION</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scH/s24.39"><num value="24.39">§24.39</num><heading>Transport Manifest Required</heading><content>(a) A Department-issued transport manifest shall be required for the transportation of hemp outside a facility where the hemp is produced.(b) Hemp harvested outside of Texas that has no living tissue, transported in Texas, including seed, shall be accompanied by a transport manifest, or other valid documentation authorized by another state, the USDA, Indian Nation, or U.S. territory.</content><note type="source"><p>Source Note: The provisions of this §24.39 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scH/s24.40"><num value="24.40">§24.40</num><heading>Transport Manifests for Test Samples</heading><content>A Department-issued transport manifest, or other valid documentation authorized by another state, the USDA, Indian Nation, or U.S. territory, shall accompany all samples collected and transported to a laboratory for testing.</content><note type="source"><p>Source Note: The provisions of this §24.40 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scH/s24.41"><num value="24.41">§24.41</num><heading>Transport of Pests Prohibited</heading><content>A person may not transport hemp in the State of Texas that contains an agricultural pest or disease listed in Title 4 of the Texas Administrative Code Chapter 19.</content><note type="source"><p>Source Note: The provisions of this §24.41 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scH/s24.42"><num value="24.42">§24.42</num><heading>Living Tissue Hemp Plants Originating Outside the State of Texas</heading><content>No person shall bring into the State of Texas a hemp plant, that originated from cannabis plants germinated, cloned, or transplanted outside of the State of Texas without a valid transport manifest, or other valid documentation authorized by another state, the USDA, Indian Nation, or U.S. territory, and a phytosanitary certificate in accordance with Title 4 of the Texas Administrative Code Chapter 19.</content><note type="source"><p>Source Note: The provisions of this §24.42 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scH/s24.43"><num value="24.43">§24.43</num><heading>Mixed Cargo Prohibited</heading><content>A person transporting hemp plant material in the State of Texas shall not concurrently transport any cargo that is not hemp material.</content><note type="source"><p>Source Note: The provisions of this §24.43 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scI"><num value="I">SUBCHAPTER I</num><heading>SEED</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scI/s24.44"><num value="24.44">§24.44</num><heading>Certified or Approved Hemp Seed</heading><content>(a) The Department shall maintain and make available to license holders a list of businesses that sell hemp seeds certified or approved for production, sale, offered for sale, or distributed within the State of Texas.(b) A person may not sell, offer for sale, distribute or use hemp seed in the State of Texas unless the seed is certified or approved by the Department.</content><note type="source"><p>Source Note: The provisions of this §24.44 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scI/s24.45"><num value="24.45">§24.45</num><heading>License Required to Sell, Possess, Hold or Purchase Hemp Seed</heading><content>After May 1, 2020, a person or entity may not sell, possess, hold, or purchase hemp seed in Texas unless that person holds a valid and active license issued by the Department for the production and handling of hemp. A person or entity based out-of-state is not required to be a license holder in Texas to sell hemp seed to a person or business entity in Texas, but may not do so unless such hemp seed has been certified or approved in accordance with §24.48 of this title (relating to Certification or Approval of Hemp Seed).</content><note type="source"><p>Source Note: The provisions of this §24.45 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scI/s24.46"><num value="24.46">§24.46</num><heading>Hemp Seed Quality and Labeling Requirements</heading><content>(a) Hemp seed sold, offered for sale, distributed, or used in the State of Texas must meet the legal standards for seed quality and seed labeling required by Texas and federal law, as well the legal standards of the jurisdictions from where the seed is originally sold and produced.(b) Hemp seed sold, offered for sale, distributed, or used in the State of Texas must also meet the additional hemp seed quality and labeling requirements as provided for by the Department.(c) Hemp seed sold, offered for sale, distributed, or used in the State of Texas must contain a clear, legible statement on the label in English in addition to any other language on the label indicating the:(1) specific variety of the hemp seed;(2) the seller or distributor; and(3) the location and jurisdiction of origin of the hemp seed.</content><note type="source"><p>Source Note: The provisions of this §24.46 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scI/s24.47"><num value="24.47">§24.47</num><heading>Hemp Seed Recordkeeping</heading><content>A person who sells, offers to sell, distributes, or uses hemp seed in Texas shall maintain records for five (5) years indicating:(1) the origin of the hemp seed for five (5) years;(2) the person or entity from whom the person purchased the hemp seed;(3) any documentation indicating certification or approval of the provenance, quality, and variety of the hemp seed; and(4) the location and jurisdiction of origin of the hemp seed.</content><note type="source"><p>Source Note: The provisions of this §24.47 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scI/s24.48"><num value="24.48">§24.48</num><heading>Certification or Approval of Hemp Seed</heading><content>(a) A person may request the certification or approval of a hemp seed for a particular variety by submitting a completed form prescribed by the Department.(b) A person requesting for the certification or approval of hemp seed for a particular variety shall provide the following information to the Department:(1) name of kind and variety;(2) a statement concerning the variety's origin, and the breeding procedure used, in its development including evidence on stability (evidence on stability must include any field test reports and sample test results demonstrating the hemp seed was used to grow hemp plants which tested within the acceptable hemp THC Level);(3) a completed objective form for the crop as provided by the Department Seed Quality Program, if such form is available. The completed objective description form as provided by the U.S. Plant Variety Protection Office may be used in lieu of the Texas form;(4) a statement delineating the geographic area or areas of adaptation of the variety; and(5) such other information as may be requested by the Department which may include but is not limited to:(A) special characteristics of the seed and of the plant as it passes through the seedling stage and flowering stage; and(B) other evidence of performance of the variety (date, graphs, charts, pictures, etc.) supporting the identity of the variety, if known. If statements or claims are made concerning performance characteristics, such as yield, tolerance to insects or diseases, or lodging, there must be evidence to support such statements. Statistical analysis of data is encouraged.(c) The Department may gather the information described in this section to conduct research and analysis to determine the quality and viability of hemp seed varieties for approval by the Department. The Department may partner with Texas A&M University or a State of Texas institution of higher education to conduct research and analysis pertaining to hemp seed varieties.(d) The Department may revoke a hemp seed variety certification or approval if it determines that the hemp seed variety does not meet the standards described in this section.</content><note type="source"><p>Source Note: The provisions of this §24.48 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c24/scJ"><num value="J">SUBCHAPTER J</num><heading>AGRICULTURAL OR ACADEMIC HEMP RELATED RESEARCH</heading><section identifier="/us/state/tx/tac/t4/p1/c24/scJ/s24.49"><num value="24.49">§24.49</num><heading>Hemp Research License</heading><content>(a) Texas A&M University or a Texas institution of higher education may apply for a license to produce and handle hemp for agricultural or academic research. A license issued to Texas A&M University or a Texas Institution of higher education pursuant to this section is known as a "Hemp Research License."(b) In order to obtain a hemp research license, Texas A&M University or a Texas institution of higher education must submit an application and required fees to the Department.(c) A hemp research license holder must comply with and is solely responsible for compliance with all state and federal laws, rules, and guidelines pertaining to the production and handling of hemp in addition to the laws, rules, and guidelines of any other jurisdiction where such hemp research license holder may produce or handle hemp.</content><note type="source"><p>Source Note: The provisions of this §24.49 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c24/scJ/s24.50"><num value="24.50">§24.50</num><heading>Hemp Research Plan</heading><content>(a) An applicant for a hemp research license must also submit a research plan providing the following information:(1) a detailed statement specifying the nature and purpose of the hemp related research to be conducted;(2) all locations where hemp related research will be conducted;(3) the varieties of hemp to be utilized for the research purposes; and(4) such other information as may be requested by the Department.(b) A hemp research license holder must also submit an annual research plan detailing the location, activities, and the results of the hemp related research conducted by the hemp research license holder during the previous twelve (12) month period. Trade secret or patent information developed due to hemp research may be omitted from the annual research plan so long as there is a necessity for the research institution to protect such information.</content><note type="source"><p>Source Note: The provisions of this §24.50 adopted to be effective March 11, 2020, 45 TexReg 1655.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c25"><num value="25">CHAPTER 25</num><heading>SPECIAL NUTRITION PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c25/scA"><num value="A">SUBCHAPTER A</num><heading>CHILD AND ADULT CARE FOOD PROGRAM (CACFP)</heading><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.1"><num value="25.1">§25.1</num><heading>Purpose of the Child and Adult Care Food Program (CACFP)</heading><content>The CACFP integrates nutritious meals with organized nonresidential child and adult care services.</content><note type="source"><p>Source Note: The provisions of this §25.1 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.2"><num value="25.2">§25.2</num><heading>Definitions</heading><content>(a) The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:(1) Appropriate Representative--Someone with knowledge of CACFP operations.(2) CACFP--Child and Adult Care Food Program.(3) CFR--The Code of Federal Regulations.(4) Contractor--Refers to an "institution" as defined in 7 CFR §226.2.(5) TDA--The Texas Department of Agriculture.(6) Publicly funded program--Any program or grant funded by public funds, including federal, state, or local government funds.(7) Program year--The period beginning October 1 of any year and ending September 30 of the following year.(8) U.S.C.--United States Code.(9) USDA--The United States Department of Agriculture.(b) Other terms used in this subchapter are defined in 7 CFR §226.2; 7 CFR Parts 3015, 3016, 3017, 3018, 3019, and 3052; and applicable Office of Management and Budget circulars as required by USDA's Food and Nutrition Service.</content><note type="source"><p>Source Note: The provisions of this §25.2 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.3"><num value="25.3">§25.3</num><heading>Authorization for CACFP</heading><content>The National School Lunch Act (42 U.S.C §1766), as amended, authorizes federal assistance to states that administer CACFP. In the state of Texas, TDA administers CACFP.</content><note type="source"><p>Source Note: The provisions of this §25.3 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.4"><num value="25.4">§25.4</num><heading>Use of CACFP Federal Assistance</heading><content>TDA may use the assistance to help start, maintain, and expand non-profit food services for children and adults enrolled for care in nonresidential facilities or institutions.</content><note type="source"><p>Source Note: The provisions of this §25.4 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.11"><num value="25.11">§25.11</num><heading>Eligibility Requirements for CACFP Participation</heading><content>(a) Contractors and facilities must meet the requirements stated in 17(a)(2)(B) of the National School Lunch Act (42 U.S.C. 1766), as amended, 7 CFR 226.2, 226.6, 226.15 - 226.19a, and 226.23, and TDA CACFP Handbooks.(b) Contractors applying to participate as a sponsor of day care homes or unaffiliated facilities in CACFP as a new organization or reapplying to participate after a break in service must document an unmet need as outlined in the TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.11 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.12"><num value="25.12">§25.12</num><heading>Contractor and Facility Licensure/Approval Requirements</heading><content>All contractors and facilities must be licensed or approved by federal, state, or local authorities to provide child or adult care.</content><note type="source"><p>Source Note: The provisions of this §25.12 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.13"><num value="25.13">§25.13</num><heading>Exceptions to the Licensure Requirements</heading><content>(a) Centers and facilities operated by federal and Indian tribal governments are not required to be licensed or approved by state or local authorities. The federal agency or Indian tribal government that has oversight of the center or facility must license or approve the center or facility.(b) Emergency shelters and contractors who participate in the at-risk afterschool and outside-school-hours care center programs may be exempt from state licensing requirements. The center or facility must provide sufficient information or documentation to demonstrate that the center or facility is exempt from state licensing.</content><note type="source"><p>Source Note: The provisions of this §25.13 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.14"><num value="25.14">§25.14</num><heading>Contractor Training Requirements</heading><content>Each contractor must participate in training related to the operation of CACFP as TDA prescribes.</content><note type="source"><p>Source Note: The provisions of this §25.14 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.15"><num value="25.15">§25.15</num><heading>Proof of Tax-Exempt Status</heading><content>To prove tax-exempt status, a contractor must submit:(1) determination of tax-exempt status from the Internal Revenue Service; or(2) proof of participation in another federally funded program that requires an Internal Revenue Service determination of tax-exempt status.</content><note type="source"><p>Source Note: The provisions of this §25.15 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.16"><num value="25.16">§25.16</num><heading>Eligibility Requirements for For-Profit Organizations or Sponsored For-Profit Facilities</heading><content>A for-profit organization or a sponsored for-profit facility must meet the eligibility requirements in 7 CFR §226.17 and §226.19a.</content><note type="source"><p>Source Note: The provisions of this §25.16 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.17"><num value="25.17">§25.17</num><heading>Performance Bond Requirements for Sponsors</heading><content>(a) A sponsoring organization applying to participate in CACFP with less than three years of successful administrative and financial history shall be required to obtain and maintain a performance bond from a company designated in United States Treasury Circular 570 as certified to issue bonds for federally funded programs in an amount specified by TDA unless or until it can demonstrate a total of three years of successful administrative and financial history within the preceding seven years or is a governmental entity.(b) The initial amount of the performance bond will be determined by the sponsor's anticipated enrollment and the sum of the following formula for each meal type served: (Total Enrollment) x (Current Free Reimbursement Rate for Meal Type) x 90.(c) The bond amount shall be adjusted to reflect actual enrollment or reimbursement as needed based on the following guidelines:(1) If the sponsor's enrollment or reimbursement increases by 50% of the original anticipated enrollment then the bond must be increased to reflect the sponsor's actual enrollment or reimbursement within 45 days.(2) Each time the sponsor's enrollment or reimbursement increases by 50% of the actual participation or reimbursement from the time the bond was last increased then the bond must be increased to reflect the sponsor's new actual enrollment or reimbursement within 45 days.(3) A decrease in bond amount may be requested based on a decrease in enrollment or reimbursement by submitting a written request to TDA.(d) A sponsor may request relief from the bonding requirement once it can demonstrate that it has accumulated three years of successful administrative and financial history within the preceding seven years by submitting a written request to TDA.</content><note type="source"><p>Source Note: The provisions of this §25.17 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.21"><num value="25.21">§25.21</num><heading>Application to Participate in CACFP</heading><content>(a) A contractor must submit a completed application for participation in CACFP to TDA.(b) A contractor must report to TDA any changes to the information contained on its application as prescribed in the TDA CACFP Handbook, Forms and Instructions.(c) TDA approves or denies applications for participation according to 7 CFR §§226.6, 226.15 - 226.19a, and 226.23; §17(a)(2)(B) of the National School Lunch Act (42 U.S.C. §1766), as amended; and this chapter.(d) The contractor must submit its completed application to TDA within 45 days of the date of the written request for additional information. If the requested information is not received within 45 days, TDA will deny the application.(e) A contractor whose application was denied due to subsection (d) of this section may reapply by submitting a new application.</content><note type="source"><p>Source Note: The provisions of this §25.21 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.22"><num value="25.22">§25.22</num><heading>Governing Body Awareness Requirements for Non-governmental Organizations</heading><content>(a) Each contractor must include in its application documentation that the governing body is aware of the responsibilities and liabilities of participating in CACFP and identifying information for each member of the governing body.(1) Acceptable documentation of governing body awareness is:(A) A copy of the minutes taken at an official meeting of the governing body, signed by the secretary of the board, demonstrating unanimous board support for CACFP participation and an understanding of the responsibilities and liabilities;(B) A written declaration by each member of the governing body which states they are aware of the responsibilities and liabilities of CACFP participation;(C) A combination of these methods which, when read together, accounts for each individual member of the governing body; or(D) Any other documentation approved by TDA.(2) Identifying information for each member of the governing body must include:(A) Full legal name;(B) Complete residential mailing address;(C) Complete residential physical address, if different from mailing address;(D) Phone number;(E) Date of birth;(F) Relationship with any other member or employee of the organization; and(G) Amount of compensation, if any, received for services provided to the organization.(b) Each sponsor must include in its application sufficient detail to demonstrate that it will operate according to the following standards:(1) The majority of the governing body must be composed of members of the community who are not financially interested in the sponsor's activities and who are not related parties. For the purpose of this section:(A) Majority means 50% plus one.(B) Individuals who are not financially interested in the activities of the organization means individuals other than the employees of the organization or sponsored facilities.(C) A related party is an individual who is related within the second degree of consanguinity or third degree by affinity to any member of the board of directors or employee of the sponsoring organization.(2) Members of the governing body may not vote on decisions relating to their own compensation or that of a related party.(3) The governing body must make decisions about compensation of employees and other parties providing services to the organization.(4) No person receiving compensation for services under CACFP may receive compensation for services from any other sponsoring organization.(5) A sponsor of day care homes providers must accept any qualified day care home provider, consistent with its capacity to provide services to sponsored facilities.</content><note type="source"><p>Source Note: The provisions of this §25.22 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.23"><num value="25.23">§25.23</num><heading>Additional Requirements for Contracting Organizations</heading><content>(a) The following information must be submitted for each principal of a non-governmental organization:(1) government issued identification (state issued driver license, state issued identification card, military identification, valid U.S. passport or other identification approved by TDA); and(2) proof of residential mailing address (official mail sent to the individuals address from a utility provider, governmental agency or bank; a lease executed by the individual; or other proof approved by TDA).(b) TDA may perform a criminal background investigation on each principal of a contracting organization. In the event such a report reveals that the applicant and/or principals knowingly falsified any statements contained in the application TDA may seek criminal prosecution for any applicable state or federal offense.(c) TDA shall deny an application based on the principal's background investigation if the investigation reveals a criminal conviction in the past seven years that indicates a lack of business integrity, including but not limited to: fraud, anti-trust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstructing justice.</content><note type="source"><p>Source Note: The provisions of this §25.23 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.31"><num value="25.31">§25.31</num><heading>Participation Requirements</heading><content>(a) According to 7 CFR §§226.6, 226.15 - 226.19a, and 226.23, a contractor must enter into an agreement with TDA in order to participate in CACFP. The agreement is a legally binding document that specifies the rights and responsibilities of both the contractor and TDA.(b) According to 7 CFR §§226.6, 226.15 - 226.19a, and 226.23, a facility must enter into an agreement with a sponsoring organization in order to participate in CACFP. The agreement between the facility and the sponsoring organization is a legally binding document that specifies the rights and responsibilities of the facility and the sponsoring organization.</content><note type="source"><p>Source Note: The provisions of this §25.31 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.32"><num value="25.32">§25.32</num><heading>Purchased Meals</heading><content>(a) According to 7 CFR §§226.6, 226.17, 226.19, 226.19(a), and 226.22, contractors who purchase meals from a food service management company, school food authority, or other vendor must enter into an agreement with that food service management company, school food authority, or other vendor on a form approved by TDA.(b) The agreement shall be for a maximum of 12 consecutive months.(c) TDA may authorize a contractor to execute up to four 12-month renewals beyond the ending date of the original agreement, as long as there is no change in scope of service to the original contract.(d) No agreement renewal can exceed 12 consecutive months.</content><note type="source"><p>Source Note: The provisions of this §25.32 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.33"><num value="25.33">§25.33</num><heading>Food and Nutrition Division (FND) Agreement</heading><content>No organization may have more than one agreement with TDA to participate in any child nutrition program, unless the contractor provides justification for the need to have multiple agreements and that justification is approved by TDA.</content><note type="source"><p>Source Note: The provisions of this §25.33 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.41"><num value="25.41">§25.41</num><heading>Procurement Guidelines</heading><content>A contractor must procure food, supplies and other goods and services in accordance with 7 CFR §§226.2, 226.6, 226.21, and 226.22, and 7 CFR Part 3015.</content><note type="source"><p>Source Note: The provisions of this §25.41 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.42"><num value="25.42">§25.42</num><heading>Title to Equipment; Use and Disposal</heading><content>If equipment was obtained in full or part with food service assistance funds then its title, use and disposition must comply with 7 CFR §226.24 and 7 CFR Part 3015.</content><note type="source"><p>Source Note: The provisions of this §25.42 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.43"><num value="25.43">§25.43</num><heading>Determination of a Participant's Eligibility for Free and Reduced-price Meals</heading><content>A child care or adult day care center contractor or day care home sponsor must determine a participant's eligibility according to 7 CFR §§226.2, 226.6, 226.13, 226.15, 226.17 - 226.19a, and 226.23.</content><note type="source"><p>Source Note: The provisions of this §25.43 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.44"><num value="25.44">§25.44</num><heading>Verification of Eligibility of Program Participants</heading><content>TDA and child care or adult day care center contractors or day care home sponsors must verify eligibility of CACFP participants for free and reduced-price meals according to 7 CFR §§226.2, 226.6, 226.13, 226.15, and 226.23.</content><note type="source"><p>Source Note: The provisions of this §25.44 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.45"><num value="25.45">§25.45</num><heading>Non-discrimination</heading><content>(a) TDA administers CACFP without regard to race, color, national origin, sex, age or disability. TDA fully complies with the nondiscrimination requirements of 7 CFR §§226.6, 226.22, and 226.23, and 7 CFR Parts 15 and 15(a).(b) A contractor must strictly adhere to and enforce the nondiscrimination requirements of 7 CFR §226.6, the Civil Rights Act of 1964, §504 of the Rehabilitation Act of 1973, and the American with Disabilities Act. Contractors must prevent discrimination against participants in CACFP.</content><note type="source"><p>Source Note: The provisions of this §25.45 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.46"><num value="25.46">§25.46</num><heading>Training and Technical Assistance</heading><content>A contractor must provide training and technical assistance which TDA deems reasonable and necessary to its center or sponsored facility staff according to 7 CFR §§226.6, 226.16, and 226.18 - 226.19a.</content><note type="source"><p>Source Note: The provisions of this §25.46 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.47"><num value="25.47">§25.47</num><heading>Management Plan Changes</heading><content>TDA must approve all changes to a contractor's approved management plan before the contractor may implement the changes.</content><note type="source"><p>Source Note: The provisions of this §25.47 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.48"><num value="25.48">§25.48</num><heading>Change of Sponsor</heading><content>(a) A child care facility or adult day care facility that is participating in CACFP under one sponsor can sign an agreement once each program year to participate with a different sponsor, as prescribed by TDA CACFP Handbooks.(b) A child care facility or adult day care facility may enter into an agreement with a different sponsor more than once during the program year only if:(1) the child care facility or adult day care facility sends a letter to TDA requesting the transfer and explaining why there is good cause to transfer to a different sponsor; and(2) TDA determines that good cause exists and approves the transfer.(c) Good cause for transferring from the sponsorship of one contractor to another during the program year is limited to:(1) A sponsor denies a facility access to CACFP;(2) A sponsor reduces the level of benefit a facility receives under CACFP; or(3) Other good cause as determined to exist by TDA.</content><note type="source"><p>Source Note: The provisions of this §25.48 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.51"><num value="25.51">§25.51</num><heading>Submission of Budget for Approval</heading><content>A contractor must submit its administrative budget for TDA approval according to 7 CFR §§226.6, 226.7, and 226.15.</content><note type="source"><p>Source Note: The provisions of this §25.51 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.52"><num value="25.52">§25.52</num><heading>Retroactive Approval of Budget Amendments</heading><content>TDA will not approve budget adjustments/amendments retroactively. If TDA receives a request for a budget adjustment/amendment by the 25th day of the month, it may be effective for that month.</content><note type="source"><p>Source Note: The provisions of this §25.52 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.53"><num value="25.53">§25.53</num><heading>Determination of Budget Limits</heading><content>(a) TDA will consider the size of CACFP operations, staff duties, and economic conditions of the locale.(b) TDA may establish upper limits for salaries, overhead, and other administrative costs. All administrative costs must be necessary, reasonable, allowable, and appropriately documented.</content><note type="source"><p>Source Note: The provisions of this §25.53 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.61"><num value="25.61">§25.61</num><heading>Financial Management System</heading><content>A contractor must implement the financial management system TDA mandates, according to 7 CFR §§226.6, 226.7, 226.10, 226.11, 226.13, and 226.16, and 7 CFR Parts 3016 and 3019.</content><note type="source"><p>Source Note: The provisions of this §25.61 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.62"><num value="25.62">§25.62</num><heading>Record Management and Retention</heading><content>A contractor must maintain records supporting the financial management system according to Division 8 of this subchapter (relating to Reporting and Record Retention).</content><note type="source"><p>Source Note: The provisions of this §25.62 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.71"><num value="25.71">§25.71</num><heading>Record Maintenance</heading><content>(a) Contractors and facilities must keep records in accordance with 7 CFR 226 and TDA CACFP Handbooks.(b) Contractors and facilities must maintain CACFP records for a minimum of three years after the end of the program year and until all litigation, claims, audits, or investigation findings are resolved.</content><note type="source"><p>Source Note: The provisions of this §25.71 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.72"><num value="25.72">§25.72</num><heading>Contractor Records Availability</heading><content>(a) Contractors must make CACFP records available to TDA at the contractor's primary business location during normal business hours, which at a minimum are 8:00 a.m. to 5:00 p.m. Monday through Friday.(b) Contractors and their facilities must allow TDA access to the facilities and records according to 7 CFR §§226.6, 226.16, and 226.18. TDA may inspect, copy, photograph or otherwise document the condition of facilities and condition or absence of records in any commercially reasonable manner.</content><note type="source"><p>Source Note: The provisions of this §25.72 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.73"><num value="25.73">§25.73</num><heading>Contractor Availability</heading><content>(a) A contractor is considered available to TDA and their sponsored facilities, if applicable, if one of the following conditions exists:(1) the contractor's representative can be contacted in person at the primary business location during normal business hours;(2) the contractor's representative can be contacted by telephone during normal business hours; or(3) the contractor has established a procedure that allows TDA staff and the contractor's facilities to leave a voice message and the contractor returns the call no later than 24 hours from the time the voice message was left.(b) An appropriate representative of the contractor must be available to meet with TDA staff at the contractor's primary business location with no more than 4 hours notice during normal business hours, which are at a minimum 8:00 a.m. to 5:00 p.m. Monday through Friday.</content><note type="source"><p>Source Note: The provisions of this §25.73 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.74"><num value="25.74">§25.74</num><heading>Notification of Change in Primary Business Location</heading><content>A contractor must notify TDA in writing in advance of a change to its primary business location.</content><note type="source"><p>Source Note: The provisions of this §25.74 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.75"><num value="25.75">§25.75</num><heading>Use of Forms</heading><content>A contractor must use TDA forms to operate and administer CACFP unless TDA grants approval otherwise.</content><note type="source"><p>Source Note: The provisions of this §25.75 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.81"><num value="25.81">§25.81</num><heading>Meals--Program Requirements</heading><content>A contractor must ensure that all meals claimed, including meals purchased from a food service management company or other vendor, meet the requirements of 7 CFR §§226.2, 226.6, 226.13, and 226.15 - 226.20, and 7 CFR Appendix A to Part 226.</content><note type="source"><p>Source Note: The provisions of this §25.81 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.82"><num value="25.82">§25.82</num><heading>Meal Service Guidelines</heading><content>A contractor must comply with meal service requirements as outlined in TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.82 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.91"><num value="25.91">§25.91</num><heading>Day Care Home Participation</heading><content>(a) In order for a day care home to be approved to participate in CACFP, a day care home sponsor must submit a correct and complete application packet as prescribed by TDA.(b) A day care home sponsor must submit the required application packet to TDA by the 25th of the month in which the sponsor wants the day care home's participation to begin.</content><note type="source"><p>Source Note: The provisions of this §25.91 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.92"><num value="25.92">§25.92</num><heading>Determination of Eligibility</heading><content>TDA will not approve a day care home to participate in CACFP before the latest date of the following:(1) the date of the provider's registration or license;(2) the date the sponsor conducts a pre-approval visit of the day care home;(3) the effective date of the Permanent Agreement Between Sponsoring Organization and Day Care Home(s);(4) the latest date that the Permanent Agreement Between Sponsoring Organization and Day Care Home(s) is signed by the day care home or the sponsor;(5) the date of participation assigned by TDA;(6) the first day of the month in which TDA receives a complete and correct Permanent Agreement Between Sponsoring Organization and Day Care Home Provider(s) and Application Between Sponsoring Organization and Day Care Home; or(7) the date a day care home enrolls a non-residential child for child care.</content><note type="source"><p>Source Note: The provisions of this §25.92 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.93"><num value="25.93">§25.93</num><heading>Change of Sponsor</heading><content>(a) A day care home that is participating in CACFP under one sponsor may sign an agreement once each program year to participate with a different sponsor as prescribed by TDA CACFP Handbooks.(b) A day care home may enter into an agreement with a different sponsor more than once during the program year only if:(1) the day care home sends a letter to TDA requesting the transfer and explaining why there is good cause to transfer to a different sponsor; and(2) TDA determines that good cause exists and approves the transfer.(c) Good cause for transferring from the sponsorship of one sponsor to another during the program year is limited to the following conditions:(1) A sponsor denies a provider access to the program;(2) A sponsor reduces the level of benefit a provider receives under the program; or(3) Other good cause as determined by TDA.(d) A day care home may not participate under more than one sponsor in any one month.</content><note type="source"><p>Source Note: The provisions of this §25.93 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.94"><num value="25.94">§25.94</num><heading>Ineligibility for Fraud</heading><content>If a day care home has been found guilty of fraud, even if adjudication is deferred, the day care home's sponsoring organization must terminate the day care home's participation according to Division 18 of this subchapter (relating to Adverse Actions, Denials and Terminations).</content><note type="source"><p>Source Note: The provisions of this §25.94 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.95"><num value="25.95">§25.95</num><heading>Limitations on Sponsorship</heading><content>(a) TDA may limit the number of day care homes that a contractor may sponsor.(b) A contractor may submit a written request to sponsor additional day care homes. TDA will approve sponsorship of additional day care homes only if the contractor provides evidence of administrative and financial capability.(c) TDA will notify the contractor in writing of all adjustments to the number of day care homes that may be sponsored.</content><note type="source"><p>Source Note: The provisions of this §25.95 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.96"><num value="25.96">§25.96</num><heading>Additional Guidelines for Day Care Home Sponsors</heading><content>A contractor that sponsors day care homes must not allow any officer, agent, consultant, contractor, or any other employee to:(1) solicit donations or fees from providers;(2) require providers to engage in any kind of business on the sponsoring organization's behalf; or(3) accept gratuities, favors, or anything of monetary value from providers.</content><note type="source"><p>Source Note: The provisions of this §25.96 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.101"><num value="25.101">§25.101</num><heading>Start-up and Expansion Funds</heading><content>(a) Eligibility.(1) Prospective sponsoring organizations of day care homes, participating sponsoring organizations of child care centers or outside-school-hours care centers, independent centers, and participating sponsoring organizations of less than 50 homes may apply once for start-up payments to develop or expand successful CACFP operations in day care homes.(2) Participating sponsoring organizations of day care homes may apply for expansion payments to initiate or expand CACFP operations in day care homes in low-income or rural areas.(3) Participating sponsoring organizations of day care homes may apply for expansion funds more than once provided 12 months or more have elapsed since satisfactorily completing a start-up or expansion payment agreement with TDA and the contractor proposes to expand into an area or areas different from those identified in previous start-up or expansion payment agreements.(b) Application.(1) A contractor must submit a completed application to TDA to be considered for start-up or expansion payments. TDA approves or denies applications for start-up and expansion payments according to 7 CFR §226.12(b), and this chapter.(2) A contractor must contact TDA to request an application for start-up and expansion payments.(3) TDA will notify an applicant of the application's approval or denial, in writing, no later than 30 days of TDA's receipt of a complete application.(4) If an applicant submits an incomplete application, TDA will notify the applicant within 15 days of receipt of the application and provide technical assistance, as needed, to assist with completion of the application.(5) Denial of an application for start-up or expansion payments may be appealed. All appeals shall be conducted in accordance with §§1.1000 - 1.1004 of this title (relating to Appeal Procedures for the CACFP).(6) A contractor approved for start-up or expansion payments shall enter into a written agreement with TDA.(7) A contractor that breaches the written agreement with TDA may be required to repay all or part of the start-up or expansion funds.(c) Issuance of Start-Up and Expansion Payments.(1) TDA issues start-up and expansion payments according to 7 CFR §§226.2, 226.6, 226.7, 225.12, and written guidance from USDA.(2) The amount of start-up or expansion payments issued to an eligible contractor shall be determined by the anticipated level of start-up or expansion costs incurred by the contractor and any alternate sources of income, as identified in the contractor's application. However, a payment shall not be issued for less than the determined anticipated administrative reimbursement for one month nor be greater than the determined anticipated reimbursement for two months. Any issued payment shall not exceed the following:(A) Shall not be calculated for more than 50 day care homes;(B) Start-up payments to a contractor with less than 50 day care homes under their jurisdiction may not exceed 50 day care homes including those homes under the contractor's jurisdiction at the time of application; or(C) Expansion payments may not exceed the product of 50 times the dollar amount identified in 7 CFR §226.12(a)(i).(d) Use of Start-Up and Expansion Funds.(1) Start-up and expansion payments must be used according to 7 CFR §226.2 and §226.12, written guidance from USDA and the written agreement with TDA.(2) Start-up and expansion payments may not be used to recruit day care homes that are already participating in CACFP under an approved sponsor.(e) Review and Monitoring Requirements.(1) Upon expiration of the written agreement the contractor must provide TDA documentation of activities performed and costs incurred under the terms of the written agreement. If the contractor has not made every reasonable effort to carry out the activities specified in the written agreement, the contractor must repay all or part of the payments, as determined by TDA.(2) TDA may monitor the contractor's start-up or expansion activities during or after the expiration of the written agreement and may do so by announced or unannounced visits.</content><note type="source"><p>Source Note: The provisions of this §25.101 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.111"><num value="25.111">§25.111</num><heading>Advance Payments</heading><content>TDA issues and monitors advance payments to eligible contractors according to 7 CFR §§226.2, 226.6, 226.7, 226.10, and 226.16.</content><note type="source"><p>Source Note: The provisions of this §25.111 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.112"><num value="25.112">§25.112</num><heading>Issuance of Advances</heading><content>Advance payments to contractors are based on TDA's estimate of the amount of valid monthly claims for reimbursement to be submitted by the contractor.</content><note type="source"><p>Source Note: The provisions of this §25.112 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.113"><num value="25.113">§25.113</num><heading>Retroactive Advances</heading><content>TDA will not issue retroactive advances.</content><note type="source"><p>Source Note: The provisions of this §25.113 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.114"><num value="25.114">§25.114</num><heading>Availability of Advance Funding</heading><content>If USDA does not provide sufficient funds for TDA to pay both advance payments and claims for reimbursement in full, TDA will pay claims for reimbursement only.</content><note type="source"><p>Source Note: The provisions of this §25.114 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.115"><num value="25.115">§25.115</num><heading>Recoupment of Advance Payments</heading><content>(a) TDA may recoup advance payments from the current or subsequent claims for reimbursement.(b) TDA may demand immediate repayment in full.</content><note type="source"><p>Source Note: The provisions of this §25.115 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.121"><num value="25.121">§25.121</num><heading>Commodity Assistance</heading><content>TDA provides USDA-donated foods or cash-in-lieu of commodities according to 7 CFR §§226.5, 226.6, 226.15, and 226.20.</content><note type="source"><p>Source Note: The provisions of this §25.121 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.122"><num value="25.122">§25.122</num><heading>Commodity Assistance vs. Cash-in-lieu</heading><content>TDA conducts an annual survey to determine each contractor's preference according to 7 CFR §226.6. If the majority chooses cash-in-lieu of commodities, then TDA issues cash-in-lieu of commodities to all eligible contractors.</content><note type="source"><p>Source Note: The provisions of this §25.122 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.123"><num value="25.123">§25.123</num><heading>Commodity Distribution</heading><content>A day care home sponsor must distribute the bonus commodities based on the number of children the day care home keeps.</content><note type="source"><p>Source Note: The provisions of this §25.123 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.124"><num value="25.124">§25.124</num><heading>Distribution Costs</heading><content>A day care home sponsor that chooses to distribute bonus commodities can pass on to the day care homes any costs it may incur for distributing bonus commodities.</content><note type="source"><p>Source Note: The provisions of this §25.124 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.125"><num value="25.125">§25.125</num><heading>Administrative Expenses</heading><content>A sponsoring organization may include administrative costs associated with distribution of commodities in CACFP costs, except for those administrative costs which have been passed on to the day care home per §25.124 of this division (relating to Distribution Costs).</content><note type="source"><p>Source Note: The provisions of this §25.125 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.126"><num value="25.126">§25.126</num><heading>Charging Distribution Costs to Day Care Homes</heading><content>Day care home sponsoring organizations must:(1) submit a detailed bonus cost allocation plan to TDA for approval; and(2) obtain written consent from the day care home.</content><note type="source"><p>Source Note: The provisions of this §25.126 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.127"><num value="25.127">§25.127</num><heading>Right to Refuse Commodities</heading><content>Facilities and centers may choose to refuse commodities offered by sponsoring organizations.</content><note type="source"><p>Source Note: The provisions of this §25.127 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.131"><num value="25.131">§25.131</num><heading>Authority to Reimburse Contractors for CACFP Costs</heading><content>TDA reimburses a contractor according to 7 CFR §§226.2, 226.4, 226.6, 226.7, 226.9 - 226.19a, and 226.23; 7 CFR Part 3015; and §17(a)(2)(B) of the National School Lunch Act (42 U.S.C. §1766), as amended.</content><note type="source"><p>Source Note: The provisions of this §25.131 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.132"><num value="25.132">§25.132</num><heading>Contractor Reimbursement to Facilities</heading><content>Contractors must reimburse facilities according to 7 CFR §§226.2, 226.4, 226.6, 226.7, 226.9 - 226.19a, and 226.23; 7 CFR Part 3015; and §17(a)(2)(B) of the National School Lunch Act (42 U.S.C. §1766), as amended.</content><note type="source"><p>Source Note: The provisions of this §25.132 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.133"><num value="25.133">§25.133</num><heading>Reimbursement Rates</heading><content>TDA assigns reimbursement rates for contractors according to the option in 7 CFR §226.9(b)(3).</content><note type="source"><p>Source Note: The provisions of this §25.133 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.134"><num value="25.134">§25.134</num><heading>Reimbursement Options</heading><content>TDA reimburses contractors according to the options in 7 CFR §226.9(c)(1). TDA does not use the option described in 7 CFR §226.9(d).</content><note type="source"><p>Source Note: The provisions of this §25.134 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.135"><num value="25.135">§25.135</num><heading>Reimbursement Computation</heading><content>TDA computes reimbursement according to 7 CFR 226.13 and the option in 7 CFR §226.11(c)(3).</content><note type="source"><p>Source Note: The provisions of this §25.135 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.136"><num value="25.136">§25.136</num><heading>Title III Benefits</heading><content>Title III benefits include all benefits provided under Part C of the Older Americans Act (OAA), including commodities (or cash-in-lieu of commodities) authorized by the OAA and provided by the U.S. Department of Health and Human Services.</content><note type="source"><p>Source Note: The provisions of this §25.136 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.137"><num value="25.137">§25.137</num><heading>Reimbursement for Title III Meals</heading><content>(a) Adult day care centers must ensure that the meals for which they claim reimbursement are not supported by Title III of the Older Americans Act.(b) If a contractor uses a food service management company the contractor must ensure that neither Title III funds nor commodities are used in the meals prepared for use in CACFP.</content><note type="source"><p>Source Note: The provisions of this §25.137 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.138"><num value="25.138">§25.138</num><heading>Reimbursement for Meals and Snacks</heading><content>TDA will only reimburse contractors for meal types and meal service days as approved in the contractor's application.</content><note type="source"><p>Source Note: The provisions of this §25.138 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.139"><num value="25.139">§25.139</num><heading>Claim Filing</heading><content>(a) A contractor must ensure that claims for reimbursement are filed in accordance with TDA procedures outlined in TDA CACFP Handbooks.(b) TDA will not pay a claim that is received or postmarked after the deadline unless USDA finds that good cause beyond the contractor's control delayed the submission of the claim.</content><note type="source"><p>Source Note: The provisions of this §25.139 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.140"><num value="25.140">§25.140</num><heading>Late Claims</heading><content>(a) TDA will not pay a claim that was filed after the deadline established in TDA CACFP Handbooks unless the contractor is eligible for a one-time exception or can demonstrate good cause.(b) TDA will process one-time exceptions and requests for good cause exceptions as established in TDA CACFP Handbooks.(c) A contractor may choose not to use their one-time exception or submit a request for payment of a late claim based on good cause.</content><note type="source"><p>Source Note: The provisions of this §25.140 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.141"><num value="25.141">§25.141</num><heading>Second Meals</heading><content>A contractor may only serve and claim second meals in accordance with 7 CFR §226.20(j).</content><note type="source"><p>Source Note: The provisions of this §25.141 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.142"><num value="25.142">§25.142</num><heading>Family Style Meals</heading><content>Contractors who serve family style meals may not claim reimbursement for second meals.</content><note type="source"><p>Source Note: The provisions of this §25.142 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.143"><num value="25.143">§25.143</num><heading>Ineligible Children</heading><content>A day care home may not claim reimbursement for meals served to the child of another day care home provider if both participate in CACFP unless the provider's own child can be considered a nonresidential child by another day care home provider for the purpose of claiming reimbursement. This can occur only if the following conditions are met:(1) The child is enrolled for child care at the substitute facility; and(2) The provider for whom substitute care is being provided does not claim reimbursement for any meals served during the period of substitute care.</content><note type="source"><p>Source Note: The provisions of this §25.143 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.151"><num value="25.151">§25.151</num><heading>Management of Overpayments</heading><content>TDA manages overpayment according to 7 CFR §§226.6 - 226.8, 226.10, and 226.12 - 226.14.</content><note type="source"><p>Source Note: The provisions of this §25.151 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.152"><num value="25.152">§25.152</num><heading>Use of CACFP Funds to Recruit Day Care Homes</heading><content>A day care home sponsor must not use CACFP funds to recruit day care homes that are already participating in CACFP under an approved sponsor.</content><note type="source"><p>Source Note: The provisions of this §25.152 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.161"><num value="25.161">§25.161</num><heading>Monitoring Visits to CACFP Contractors</heading><content>(a) TDA conducts program reviews and monitoring according to 7 CFR §226.6(m)(6) and TDA CACFP Handbooks.(b) Sponsors must monitor their facilities according to 7 CFR §226.16 and TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.161 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.162"><num value="25.162">§25.162</num><heading>Monitoring Purchased Meals Contracts</heading><content>Each contractor and/or facility that contracts for purchased meals must monitor the vendor according to 7 CFR §226.6(i), TDA CACFP Handbooks, and standard contract provisions as approved by TDA.</content><note type="source"><p>Source Note: The provisions of this §25.162 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.171"><num value="25.171">§25.171</num><heading>Audits of Contractors and Sponsored Facilities</heading><content>All Contractors and sponsored facilities participating in CACFP are subject to audit.(1) Contractors and sponsored facilities are subject to audit requirements according to 7 CFR §226.7 and §226.8; 7 CFR Parts 3015 and 3052; and TDA CACFP Handbooks.(2) A contractor participating in CACFP as a private non-profit organization or a public entity is subject to the single audit requirements according to 7 CFR §226.8; 7 CFR Part 3052; and TDA CACFP Handbooks. A contractor that is a military installation is not subject to the single-audit requirements.(3) A contractor participating in CACFP as a for-profit organization is subject to audit requirements according to 7 CFR §226.8 and TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.171 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.172"><num value="25.172">§25.172</num><heading>Audit Acceptability</heading><content>The contractor has not fulfilled the audit requirement until TDA determines that the audit is acceptable:(1) according to the requirements of the Single Audit Act; 7 CFR Part 3052 for non-profit organizations or public entities; or(2) according to 7 CFR §226.8 and TDA Handbooks for for-profit organizations.</content><note type="source"><p>Source Note: The provisions of this §25.172 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.173"><num value="25.173">§25.173</num><heading>Notification to Contractors</heading><content>TDA will notify the contractor in writing that it is subject to audit requirements in accordance with 7 CFR §226.8, 7 CFR Part 3052, and TDA CACFP Handbooks. The notification includes the date by which the contractor must submit an acceptable audit to TDA and also informs the contractor that failure to submit the audit to TDA by the required due date will result in adverse action, up to and including placement into the Serious Deficiency Process, termination of its agreement, and placement of the organization and each responsible principal on the National disqualified list.</content><note type="source"><p>Source Note: The provisions of this §25.173 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.174"><num value="25.174">§25.174</num><heading>Reimbursement for Costs</heading><content>TDA will reimburse contractors for eligible audit expenses according to 7 CFR §226.8(b) and TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.174 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.181"><num value="25.181">§25.181</num><heading>Investigations</heading><content>TDA will investigate and resolve program deficiencies, program irregularities, and evidence of violations of criminal law or civil fraud statutes according to 7 CFR §§226.6(n), 226.8, 226.10, and 226.14.</content><note type="source"><p>Source Note: The provisions of this §25.181 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.182"><num value="25.182">§25.182</num><heading>Adverse Actions</heading><content>TDA will impose adverse actions against any contractor for failure to comply with CACFP requirements in accordance with 7 CFR §226.6, TDA CACFP Handbooks, and this Division up to and including:(1) placement into the Serious Deficiency Process;(2) termination;(3) debarment; and(4) placement on the National disqualified list.</content><note type="source"><p>Source Note: The provisions of this §25.182 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.183"><num value="25.183">§25.183</num><heading>Denial of Applications and Termination of Agreements</heading><content>TDA denies applications and terminates agreements, in whole or in part, according to 7 CFR §§226.6, 226.14 - 226.19a, 226.23, and 226.25; 7 CFR Part 3015; §17(a)(2)(B) of the National School Lunch Act (42 U.S.C. §1766), as amended; and TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.183 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.184"><num value="25.184">§25.184</num><heading>Criteria for Sponsoring Organizations</heading><content>A sponsor denies or terminates agreements with a day care home or facility according to 7 CFR §226.6 and §226.16, and TDA CACFP Handbooks.</content><note type="source"><p>Source Note: The provisions of this §25.184 adopted to be effective January 11, 2011, 36 TexReg 37.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scA/s25.191"><num value="25.191">§25.191</num><heading>Conduct of Appeals</heading><content>TDA conducts appeals according to 7 CFR §226.6 and §226.16; §17(d) of the National School Lunch Act (42 U.S.C. §1766), as amended; §§1.1000 - 1.1004 of this title (relating to Appeal Procedures for the CACFP), and §§1.1050 - 1.1053 of this title (relating to Administrative Hearing Procedures for Conducting the Appeals of the Food and Nutrition Programs).</content><note type="source"><p>Source Note: The provisions of this §25.191 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c25/scB"><num value="B">SUBCHAPTER B</num><heading>SUMMER FOOD SERVICE PROGRAM (SFSP)</heading><section identifier="/us/state/tx/tac/t4/p1/c25/scB/s25.601"><num value="25.601">§25.601</num><heading>Waiver of Summer Nutrition Program Requirements for Public School Districts</heading><content>(a) Eligibility.(1) Public school districts in which 50% or more of the enrolled children are eligible to receive free meal benefits in the National School Lunch Program (NSLP) must sponsor a Summer Nutrition Program, either the Seamless Summer Option (SSO) or Summer Food Service Program (SFSP), directly at school and/or non-school sites, arrange for another school food authority (SFA) to sponsor a Summer Nutrition Program in their district at school and/or non-school sites, or arrange with another entity to sponsor the SFSP in its district at school and/or non-school sites, for at least 30 calendar days during the summer recess unless they receive a waiver from TDA, in accordance with this section. A sponsor of a Summer Nutrition Program accepts final financial and administrative responsibility for its sites.(2) TDA will notify school districts required by this section to sponsor or arrange for the provision of a Summer Nutrition Program of this obligation no later than October 31 of each year preceding the applicable summer season.(3) A school district notified under paragraph (2) of this subsection must inform TDA in writing, no later than January 31 of each year, whether it intends to:(A) directly sponsor a Summer Nutrition Program in its district;(B) arrange for another SFA to sponsor a Summer Nutrition Program in its district or arrange for another entity to sponsor the SFSP in its district; or(C) request a waiver from TDA.(b) Documentation required by TDA.(1) A school district that arranges for the provision of a Summer Nutrition Program must enter into an agreement to partner or collaborate with a local governmental entity, educational institution, or private non-profit organization to ensure meal service for children in the school district's attendance area, as provided in subsection (a)(1) of this section.(2) School districts required to provide a Summer Nutrition Program under this section that choose to arrange for the provision of a Summer Nutrition Program in its districts must provide TDA with written documentation of the arrangement with another entity to sponsor a Summer Nutrition Program in its district no later than April 1 of each year.(c) Requesting a waiver. No later than November 30 of each year, the board of trustees of a public school district wishing to obtain a waiver must inform, in writing, the school district's local school health advisory council that it intends to request a waiver from TDA. The school district must then communicate to TDA in writing, no later than January 31, of their intent to sponsor a Summer Nutrition Program, arrange for another SFA to sponsor a Summer Nutrition Program in its districts, arrange for another entity to sponsor the SFSP in its districts, or their its to request a waiver.(d) Awarding of waivers to public school districts otherwise required to sponsor or arrange for the provision of a Summer Nutrition Program. TDA may grant a waiver of the requirement to sponsor a Summer Nutrition Program or arrange for the provision of a Summer Nutrition Program only if the district provides verifiable documentation that such waiver is warranted. Waivers are valid for one year only. To be eligible for a waiver, a school district must provide either form of documentation detailed in paragraph (1) or (2) of this subsection:(1) Verifiable documentation showing the district has worked with TDA to identify another possible sponsor for a Summer Nutrition Program in the district, in addition to verifiable information showing that:(A) there are fewer than 100 children in the district currently eligible to receive free or reduced-price meals under the National School Lunch Program; or(B) transportation to enable district students to participate in the program is an insurmountable obstacle to the district's ability to provide or arrange for the provision of the program despite consultation by the district with public transit providers; or(C) the district is unable to sponsor or arrange for the provision of a Summer Nutrition Program due to renovation or construction of district facilities and the unavailability of an appropriate alternate sponsor or site; or(D) the district is unable to sponsor a Summer Nutrition Program due to another extenuating circumstance, and that there is not an appropriate alternate site or sponsor available.(2) Verifiable documentation showing the cost to the district to sponsor or arrange for the provision of a Summer Nutrition Program would be cost-prohibitive, as provided in subsection (e) of this section.(e) Criteria and methodology considered by TDA to determine if sponsoring the program is cost-prohibitive for a district.(1) A school district's sponsorship of a Summer Nutrition Program will be deemed cost-prohibitive if the projected operational expenses for a Summer Nutrition Program are greater than the sum of the expected federal reimbursements plus one month of the school food services' allowable three months operating expenses on hand.(2) To demonstrate that sponsorship of a Summer Nutrition Program is cost-prohibitive, a school district must provide:(A) the projected Summer Nutrition Program budget for the program year:(i) based on number of expected participants; and(ii) include the specific cost items to support possible determination of cost-prohibitive nature of program operation;(B) expected reimbursement amount, based on either:(i) previous year's program participation; or(ii) interest survey data taken since the start of the current school year;(C) documents supporting the calculation of the food service department's three months operating expense balance, including:(i) current fund balance;(ii) current year's total operating expense; and(iii) available cash on hand;(D) financial statement which indicates child nutrition net cash resources are below two months net cash reserves; and(E) written explanation of efforts made to attempt partnership with another SFA to sponsor a Summer Nutrition Program in its district, or efforts made to attempt partnership with another entity to sponsor the SFSP, including:(i) contacting TDA; and(ii) contacting two or more other entities to discuss potential partnership.</content><note type="source"><p>Source Note: The provisions of this §25.601 adopted to be effective December 6, 2015, 40 TexReg 8631.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c25/scB/s25.602"><num value="25.602">§25.602</num><heading>Additional Requirements for Contracting Organizations</heading><content>(a) Upon request from TDA, each principal of a nongovernmental organization that participates in the Summer Food Service Program shall submit the following information:(1) government-issued identification (state-issued driver's license, state-issued identification card, military identification, valid U.S. passport or other identification approved by TDA); and(2) proof of residential mailing address (official mail sent to the individual's address from a utility provider, governmental agency or bank, a lease executed by the individual, or other proof approved by TDA).(b) TDA may perform a criminal background investigation on each principal of a nongovernmental organization. In the event such a report reveals that the applicant and/or any principal knowingly falsified any statements contained in the application, TDA may seek criminal prosecution for any applicable state or federal charge.(c) TDA shall deny an application based on the principal's background investigation if the investigation reveals any of the following: a criminal conviction in the past seven years that indicates a lack of business integrity, including but not limited to: fraud, anti-trust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstructing justice.</content><note type="source"><p>Source Note: The provisions of this §25.602 adopted to be effective August 25, 2015, 40 TexReg 5319.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c26"><num value="26">CHAPTER 26</num><heading>FOOD AND NUTRITION DIVISION</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c26/scA"><num value="A">SUBCHAPTER A</num><heading>TEXAS SCHOOL NUTRITION POLICIES</heading><section identifier="/us/state/tx/tac/t4/p1/c26/scA/s26.1"><num value="26.1">§26.1</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) School Day--The midnight before, to 30 minutes after the end of the official school day.(2) School Campus--All areas of the property under the jurisdiction of the school that are accessible to students during the school day.(3) TDA--The Texas Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §26.1 adopted to be effective July 1, 2014, 39 TexReg 3583; amended to be effective June 28, 2015, 40 TexReg 3817.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scA/s26.2"><num value="26.2">§26.2</num><heading>Exempt Fundraisers</heading><content>Texas public, charter and private schools that participate in the National School Lunch Program or School Breakfast Program may sell food and beverages that do not meet nutritional standards outlined in 7 CFR Parts 210 and 220 as part of a fundraiser, during the school day, for up to six days per school year on each school campus, provided that no specially exempted fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service.</content><note type="source"><p>Source Note: The provisions of this §26.2 adopted to be effective June 28, 2015, 40 TexReg 3817.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c26/scC"><num value="C">SUBCHAPTER C</num><heading>3E'S GRANT PROGRAMS</heading><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.30"><num value="26.30">§26.30</num><heading>Statement of Authority and Purpose</heading><content>The Texas Department of Agriculture is authorized, by §12.0027, of the Texas Agriculture Code, to administer and implement a Nutrition Outreach Program to promote better health and nutrition programs and prevent obesity among children in this state. The objective of the program is to increase awareness of the importance of good nutrition, especially for children, and to encourage children's health and well-being through education, exercise, and eating right.</content><note type="source"><p>Source Note: The provisions of this §26.30 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.40"><num value="26.40">§26.40</num><heading>Statement of Authority</heading><content>The Expanding the 3E's Grant Program is authorized by §38.026 of the Texas Education Code.</content><note type="source"><p>Source Note: The provisions of this §26.40 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.41"><num value="26.41">§26.41</num><heading>Definitions</heading><content>The following words and terms, when used in this division, shall have the following meanings, unless the text clearly indicates otherwise.(1) Best practice--An activity or program provided by the applicant that promotes or provides nutrition education, including programs that integrate planned, sequential strategies, activities and/or services designed to promote the optimal physical, emotional, social and/or educational development of children.(2) Commissioner--The Texas Commissioner of Agriculture.(3) Department--The Texas Department of Agriculture.(4) Program--Expanding the 3E's Grant Program.(5) School campus--An individual public or charter school in the state of Texas.</content><note type="source"><p>Source Note: The provisions of this §26.41 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.42"><num value="26.42">§26.42</num><heading>Statement of Purpose</heading><content>The program is designed to award grants to Texas public school campuses that can clearly demonstrate use or implementation of best practices in nutrition education for children.</content><note type="source"><p>Source Note: The provisions of this §26.42 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.43"><num value="26.43">§26.43</num><heading>Eligibility</heading><content>In order to be eligible under the program, an applicant must be a school campus in Texas in good standing with the department.</content><note type="source"><p>Source Note: The provisions of this §26.43 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.44"><num value="26.44">§26.44</num><heading>Application Procedure</heading><content>(a) The department shall issue a request for applications, to be published in the Texas Register. (b) The application shall be in a form prescribed by the department. (c) The application submitted to the department shall: (1) be fully and legibly completed; (2) be submitted in a timely manner; (3) be signed by an authorized individual; (4) contain, at a minimum, the following required information: (A) the applying school campus and district name and address; (B) the name and title of a primary contact person who may be contacted during normal business hours; (C) a detailed description of the proposed project, including how the project will be incorporated into the program services and a timeline of proposed activities; (D) the estimated number of children to be reached by the proposed activity/project if the grant is awarded; (E) a description of how quantifiable results will be measured if the grant is awarded; and (F) a proposed budget for use of grant funds.</content><note type="source"><p>Source Note: The provisions of this §26.44 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.45"><num value="26.45">§26.45</num><heading>Selection Criteria</heading><content>(a) Grant award recipients will be selected on a competitive basis.(b) The department shall review applications and may appoint review panel(s) to evaluate them.(c) The department may choose not to award grant funds, at its discretion.(d) Final selection of grant recipients shall be made by the department and the commissioner.(e) Each grant recipient will be awarded a specific grant amount by the department.(f) Evaluation criteria shall be included in the request for applications.</content><note type="source"><p>Source Note: The provisions of this §26.45 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.46"><num value="26.46">§26.46</num><heading>Permitted Use of Grant Funds</heading><content>The expenditure of grant funds by a grant recipient shall be documented and the funds used only for expenses reasonably related to the implementation, supplementation, improvement, or expansion of the best practice for which the grant was awarded.</content><note type="source"><p>Source Note: The provisions of this §26.46 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.47"><num value="26.47">§26.47</num><heading>Grant Agreement</heading><content>Grant recipients selected by the department shall enter into a written grant agreement with the department. The agreement will define the terms of the grant award and reporting requirements.</content><note type="source"><p>Source Note: The provisions of this §26.47 adopted to be effective September 15, 2009, 34 TexReg 6320.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.48"><num value="26.48">§26.48</num><heading>Reporting Requirements</heading><content>Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient.</content><note type="source"><p>Source Note: The provisions of this §26.48 adopted to be effective September 15, 2009, 34 TexReg 6320.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.50"><num value="26.50">§26.50</num><heading>Statement of Authority</heading><content>The Nutrition Education Grant Program is authorized by §33.028 of the Texas Human Resources Code.</content><note type="source"><p>Source Note: The provisions of this §26.50 adopted to be effective September 15, 2009, 34 TexReg 6320.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.51"><num value="26.51">§26.51</num><heading>Definitions</heading><content>The following words and terms, when used in this division, shall have the following meanings, unless the text clearly indicates otherwise.(1) Commissioner--The Texas Commissioner of Agriculture.(2) Department--The Texas Department of Agriculture.(3) Early childhood education programs--Programs specifically for children who are at least three years of age but younger than five years of age.(4) Head Start Program--The federal program established under the Head Start Act (42 U.S.C. Section 9831 et seq.) and its subsequent amendments.(5) Program--The Establishing the 3E's Grant Program which provides grants for organizations to incorporate nutrition education into their programs provided for children.</content><note type="source"><p>Source Note: The provisions of this §26.51 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.52"><num value="26.52">§26.52</num><heading>Statement of Purpose</heading><content>The program is designed to award grants:(1) to organizations that participate in:(A) the Child and Adult Care Food Program as administered by the department;(B) the Head Start Program; or(C) other early childhood education programs; and(D) will use awarded funds to provide nutrition education to children between the ages of three and five years old; and(2) to community and faith based initiatives:(A) that provide recreational, social, volunteer, leadership, mentoring, or developmental programs; and(B) will use awarded funds to provide nutrition education to children younger than nineteen years old.</content><note type="source"><p>Source Note: The provisions of this §26.52 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.53"><num value="26.53">§26.53</num><heading>Eligibility</heading><content>To be eligible to receive awarded funds under the program, an applicant must be in good standing with the department and must:(1) be an organization that participates in:(A) the Child and Adult Care Food Program as administered by the Department;(B) the Head Start Program; or(C) another early childhood education program; and(D) certifies that it will use the awarded funds to provide nutrition education to children between the ages of three and five years old; or(2) be a community or faith-based initiative:(A) that provides recreational, social, volunteer, leadership, mentoring, or developmental programs; and(B) certifies that it will use awarded funds to provide nutrition education to children younger than nineteen years old.</content><note type="source"><p>Source Note: The provisions of this §26.53 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.54"><num value="26.54">§26.54</num><heading>Application Procedure</heading><content>(a) The department shall issue a request for applications, to be published in the Texas Register. (b) The application shall be in a form prescribed by the department. (c) The application submitted to the department shall: (1) be fully and legibly completed; (2) be submitted in a timely manner; (3) be signed by an authorized individual; and (4) contain the following required information: (A) the name and address of the applying organization or entity; (B) the name and title of a primary contact person who may be contacted during normal business hours; (C) a detailed description of the proposed project, including how the project will be incorporated into the program services and a timeline of proposed activities; (D) the estimated number of children to be reached by the proposed activity/project if the grant is awarded; (E) a description of how quantifiable results will be measured if the grant is awarded; and (F) a proposed budget for use of grant funds, if awarded.</content><note type="source"><p>Source Note: The provisions of this §26.54 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.55"><num value="26.55">§26.55</num><heading>Selection Criteria</heading><content>(a) Projects will be selected on a competitive basis.(b) The department shall review applications and may appoint review panel(s) to evaluate applications.(c) Evaluation criteria shall be included in the request for applications.(d) Final selection of grant recipients shall be made by the department and commissioner.(e) The department may choose not to award grant funds, at its discretion.</content><note type="source"><p>Source Note: The provisions of this §26.55 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979; amended to be effective May 12, 2014, 39 TexReg 3703.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.56"><num value="26.56">§26.56</num><heading>Grant Agreement</heading><content>Grant recipients selected by the department shall enter into a written grant agreement with the department. The agreement will define the terms of the grant award and reporting requirements.</content><note type="source"><p>Source Note: The provisions of this §26.56 adopted to be effective September 15, 2009, 34 TexReg 6320.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scC/s26.57"><num value="26.57">§26.57</num><heading>Reporting Requirements</heading><content>Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient.</content><note type="source"><p>Source Note: The provisions of this §26.57 adopted to be effective September 15, 2009, 34 TexReg 6320.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c26/scD"><num value="D">SUBCHAPTER D</num><heading>THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP)</heading><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.101"><num value="26.101">§26.101</num><heading>Authority and Purpose</heading><content>(a) Authority. Pursuant to an agreement with the USDA, the TDA administers TEFAP for the state of Texas, in accordance with 7 CFR Part 250, 7 CFR Part 251, and 2 CFR Part 200, as applicable.(b) Purpose. The purpose of TEFAP is to serve congregate meals and to distribute food to eligible households.</content><note type="source"><p>Source Note: The provisions of this §26.101 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.102"><num value="26.102">§26.102</num><heading>Terms and Definitions</heading><content>In addition to terms and definitions set out in 7 CFR Parts 250 and 251, and 2 CFR Part 200, the following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. In the event of a conflict between a definition in this section and TDA guidance, the definition in this section shall prevail. In the event of a conflict between a definition in this section and federal law, the provisions of federal law, whether statute, regulation or guidance, shall prevail.(1) Allocation--A process of designating entitlement.(2) CFR--Code of Federal Regulations.(3) Compliance review--A review conducted by TDA of a CE or its sub-distributing agencies; or a review of a sub-distributing agency conducted by a CE.(4) Congregate meal--A meal prepared with USDA Foods and provided to persons who gather in a congregate setting to participate.(5) Congregate setting--A place where people gather to receive meals prepared with USDA Foods.(6) Contracting entity (CE)--An entity that holds a TEFAP agreement with TDA.(7) Corrective action plan (CAP)--A plan developed by a CE or sub-agency to correct deficiencies or noncompliance findings relating to the receipt and use of USDA Foods.(8) Emergency feeding organization (EFO)--A public or private, nonprofit organization that provides nutrition assistance to relieve situations of emergency and distress through the provision of food to eligible persons.(9) Household--An individual or group of related or unrelated individuals (excluding boarders and residents of institutions) who live together as a single economic unit and customarily purchase and prepare food in common.(10) ID--Identification.(11) Letter of Credit amount--The reimbursement limit during the contract year.(12) Participant--A person that participates in TEFAP.(13) Policy--Applicable federal and state statutes, regulations and other laws, along with written instructions, guidance, handbooks, manuals, and other documents issued by USDA or TDA to clarify or explain existing laws and regulations. TDA may communicate TEFAP policy by the TEFAP Handbook; email; forms and form instructions; reference in contract; and any other type of communication. TDA may implement policy changes prior to amending state rules, as required by federal laws and regulations, or as needed to implement federal or state laws and regulations.(14) Recipient--A person or household receiving USDA Foods.(15) Service area--The specific geographical area served by a single TEFAP CE. Service areas are determined, at TDA's discretion, by predefined areas within the state, including, but not limited to, the following: county or counties; zip codes; or neighborhoods.(16) Site--a location that holds a TEFAP agreement with either a CE or a sub-distributing agency.(17) Sub-agency--The collective term for sub-distributing agencies and sites.(18) Sub-distributing agency--An entity that holds a TEFAP agreement with a CE and a site.(19) TDA--Texas Department of Agriculture.(20) TEFAP--The Emergency Food Assistance Program.(21) USDA--United States Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §26.102 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.103"><num value="26.103">§26.103</num><heading>Agreements</heading><content>If a CE fails to comply with the terms or conditions of its USDA Foods Agreement Between Contracting Entity and Texas Department of Agriculture, TDA may:(1) Immediately terminate or suspend the agreement; and/or(2) Modify the terms of any agreement to ensure the availability of USDA Foods to eligible groups in all areas (including areas where poor economic conditions exist), and in a manner equitable to CEs.</content><note type="source"><p>Source Note: The provisions of this §26.103 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.104"><num value="26.104">§26.104</num><heading>Selection of Contracting Entities</heading><content>(a) Selection criteria. CEs shall be selected for participation in TEFAP based on the following criteria:(1) The organization's geographic location;(2) The number of eligible persons who live in the organization's service area, as identified by poverty, unemployment, or other statistics;(3) The organization's food storage capacity;(4) The organization's ability to receive, handle, safeguard, and distribute large volumes of product;(5) The organization's ability to effectively and efficiently distribute USDA Foods throughout its service area with or without access to limited federal funds earmarked to reimburse certain allowable administrative costs;(6) The organization's ability and willingness to submit financial statements, reports, or other information requested or required by TDA;(7) The organization's access to donated food and funds from sources other than USDA;(8) The organization's willingness to supplement USDA Foods with non-USDA Foods and provide both to eligible sub-agencies;(9) The organization's existing food distribution channels;(10) The organization's activity in developing, or assisting other entities to develop, distribution or feeding sites to ensure service to all parts of its service areas;(11) The organization's connection to and level of cooperation with organizations that have similar operations and goals, including a goal to ensure the availability of food assistance in all areas of the state;(12) The organization's ability and willingness to network with and distribute USDA Foods to other food providers;(13) The organization's willingness and capacity to accomplish the following:(A) Serve all participants through CE services and/or through sub-agency services;(B) Handle program administration, distribution, record maintenance, and eligibility determinations; and(C) Comply with all program requirements as required by policy and guidance from TDA and USDA;(14) The organization's total caseload based on services provided to a specific recipient group within any service area; and(15) The organization's agreement that providing false or fraudulent information in conjunction with an application for participation is subject to penalties.(b) EFO agreements. TDA reserves the right to make agreements with any type of EFO to ensure program access.</content><note type="source"><p>Source Note: The provisions of this §26.104 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.105"><num value="26.105">§26.105</num><heading>Responsibilities of Contracting Entities</heading><content>(a) Advertise. CEs must advertise distributions of USDA Foods using methods including, but not limited to, the following:(1) The media (internet, TV, radio, and newspapers);(2) Civic and religious organizations;(3) City and county governments; and(4) Social service organizations.(b) Public information notices. CEs must ensure that sites notify the public of the locations, days and hours of distribution.(c) Eligibility determination. Household eligibility determinations must be made by a CE or sub-agency based on requirements set forth in §26.106 of this title (relating to Eligibility Criteria for Households).(d) Confidentiality. CEs must protect confidential participant information as required by federal and state statute.(e) Shared maintenance. CEs may charge fees that are allowed by TDA for shared maintenance.(f) Availability of records. CEs must make records available to TDA upon request. Such records shall include CE findings concerning or relating to sub-agencies.(g) Agreements. CEs may terminate or suspend agreements, or take other appropriate action, for sub-agencies' noncompliance.</content><note type="source"><p>Source Note: The provisions of this §26.105 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.106"><num value="26.106">§26.106</num><heading>Eligibility Criteria for Households</heading><content>Only TDA and USDA can establish eligibility criteria. CEs shall only determine eligibility based on paragraphs (1) through (4) of this subsection.(1) Household eligibility. CEs must determine household eligibility at least annually based on eligibility criteria.(A) Income. Except as otherwise specified, the applicant household's gross yearly or monthly income (before deductions) in relation to household size must not exceed 185% of the federal poverty guidelines.(B) Crisis food assistance. An applicant household whose income exceeds 185% of the federal poverty guidelines and that has incurred the costs of a household crisis may be eligible for crisis food assistance.(C) Categorical eligibility. An applicant household is automatically (categorically) eligible for USDA Foods if it currently receives assistance from one of the following programs: Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or non-institutional Medicaid benefits.(2) Residency for Households.At the time of application, households are required to reside within the service area, but not for any specific length of time.(A) CEs and sub-agencies may ask for, but must not require, participants to provide proof of residency. CEs and sub-agencies must provide USDA Foods to all participants even if they cannot or will not provide proof of residency. CEs and sub-agencies must clarify the following points to applicants and participants:(i) The inability or unwillingness to provide proof of residency is not a barrier to participation.(ii) Participants will receive USDA Foods without proof of residency.(B) A CE may make exceptions for the service area.(3) Identity for Households.(A) CEs and sub-agencies may request but must not require any applicant or participant to provide proof of ID.(B) CEs and sub-agencies must provide USDA Foods to all participants even if they cannot or will not provide ID. CEs and sub-agencies are required to ensure that applicants and participants understand the following:(i) The inability or unwillingness to provide proof of ID shall not prevent participation.(ii) Participants will receive USDA Foods, regardless of failure to provide proof of ID.(4) Citizenship. There are no citizenship requirements. CEs and sub-agencies must not require any applicant or participant to prove citizenship through any means whatsoever.</content><note type="source"><p>Source Note: The provisions of this §26.106 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.107"><num value="26.107">§26.107</num><heading>Congregate Meals</heading><content>(a) Any person has a right to request and to receive a congregate meal containing USDA Foods.(b) There are no residency requirements for receipt of congregate meals, and CEs and sub-agencies shall not impose residency requirements.(c) CEs and sub-agencies shall not request proof of ID from participants for congregate meals.(d) There are no eligibility requirements for receipt of congregate meals, and CEs and sub-agencies shall not impose eligibility requirements.(e) There are no citizenship requirements. CEs and sub-agencies shall not require any applicant or participant to prove citizenship through any means whatsoever.</content><note type="source"><p>Source Note: The provisions of this §26.107 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.108"><num value="26.108">§26.108</num><heading>Allocation and Distribution</heading><content>(a) Allocation to CEs. TDA uses a "60/40" formula to allocate entitlement to CEs. The formula is based 60% on the number of persons in a county who have incomes at or below the official poverty line, and 40% on the number of unemployed persons.(1) TDA has the discretion to allocate entitlement by another method, such as according to historical or projected usage rates (the number of meals and/or households served).(2) TDA may reserve an amount of administrative funds, as necessary, to add new CEs during a contract year.(3) TDA determines service areas and allocates USDA Foods to CEs that serve within each service area.(4) TDA reserves the right to contract with and allocate entitlement to any type of EFO to ensure the availability of TEFAP to all persons and households according to service areas.(b) Allocation to sub-agencies. CEs' allocations to eligible sub-agencies are subject to TDA's review and approval. CEs must allocate a share of USDA Foods to sub-agencies according to the priorities specified by agreements.(c) Distribution to recipients. Sub-agencies' distribution times and methods are subject to TDA or a CE's review and approval.(1) Sub-agencies must distribute foods at least monthly unless TDA grants an exception to the sub-agency to provide distribution less frequently.(2) TDA recommends distribution on a first come, first served basis.(d) Distribution quantities. A CE or sub-agency may determine the quantity of USDA Foods to be included in congregate meals and in household distribution. The quantity provided to each participant is subject to TDA or a CE's review and approval.(1) Congregate meals. The quantity of USDA Foods in congregate meals is based on the following considerations:(A) Available resources;(B) The days and hours of operation;(C) The number of people requesting meals;(D) The customary size of food portions served to adults or to categories of people with special nutritional needs; and(E) Other factors.(2) Households. The quantity of USDA Foods in food packages is based on the following considerations:(A) Available resources;(B) The days and hours of operation;(C) The number of households requesting USDA Foods;(D) Household size; and(E) Other factors.</content><note type="source"><p>Source Note: The provisions of this §26.108 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.109"><num value="26.109">§26.109</num><heading>Reimbursement</heading><content>(a) The actual reimbursement rate or reimbursement amount depends on the amount of available administrative funds and the allocation method used.(b) TDA will notify CEs of any changes to the allocation and/or the reimbursement rate or amount.(c) To the extent that administrative funds are available, TDA will reimburse CEs their allowable costs up to Letter of Credit amounts.(d) CEs must submit monthly reimbursement claims, including all allowable costs of distributing USDA Foods and other donated foods.(e) At the end of each contract year, TDA will reallocate any uncommitted administrative funds, first to reimburse any remaining costs of distributing USDA Foods, and second to reimburse the costs of distributing non-USDA Foods.(1) Before reallocation, TDA may notify CEs of a cutoff date after which TDA will not reimburse monthly claims.(2) A cutoff date enables TDA to reallocate administrative funds which were not committed during the contract year.(f) Shared maintenance fees are not an allowable administrative cost.(1) CEs may directly charge sub-agencies their usual and customary shared maintenance fees.(2) At its discretion, TDA can require CEs to reduce or waive shared maintenance fees.(g) To the extent authorized by law, TDA may change policy regarding the costs associated with distributing USDA Foods as necessary to ensure the equitable distribution of USDA Foods. Prior to making any policy change, TDA will consult with the affected CEs and other stakeholders.</content><note type="source"><p>Source Note: The provisions of this §26.109 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.110"><num value="26.110">§26.110</num><heading>Audits</heading><content>CEs are subject to the audit requirements specified in federal regulations.</content><note type="source"><p>Source Note: The provisions of this §26.110 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.111"><num value="26.111">§26.111</num><heading>Corrective Action Plan</heading><content>(a) TDA may amend or modify a CAP based on new information, changes in circumstances, and the CE's progress in CAP implementation.(b) A CE may amend or modify a sub-agency's CAP based on new information, changes in circumstances, or in CAP implementation.(c) TDA may extend due dates of completion for CEs that have made good faith efforts, as defined by TDA, to correct deficiencies or to comply with requirements.(d) A CE may extend the time frames for a sub-agency to implement a CAP based on the sub-agency's good faith efforts, as defined by the CE, to correct deficiencies or to comply with program requirements.</content><note type="source"><p>Source Note: The provisions of this §26.111 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scD/s26.112"><num value="26.112">§26.112</num><heading>Compliance Reviews</heading><content>(a) TDA shall conduct compliance reviews of CEs and sub-agencies as it deems necessary.(b) TDA maintains the right to review a CE's procurement and other program related documents at any time, upon request. Failure to provide any required documents shall result in findings.</content><note type="source"><p>Source Note: The provisions of this §26.112 adopted to be effective April 15, 2019, 44 TexReg 1839.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c26/scE"><num value="E">SUBCHAPTER E</num><heading>APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS</heading><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.200"><num value="26.200">§26.200</num><heading>Purpose</heading><content>(a) The purpose of these rules is to provide for a simple and efficient system for appeals of the federal food and nutrition programs administered by the department and the actions affecting participation in such programs.(b) Appeals for FND Programs shall be conducted in accordance with the appeal procedures established by the U.S. Department of Agriculture Food and Nutrition Service (FNS) in Title 7 of the Code of Federal Regulations (CFR) Parts 210, 215, 220, 225, and 226, as applicable, this subchapter, and the FND program handbooks which are available on the department's website.(c) The rules in this subchapter supplement the procedures set forth in the federal regulations.</content><note type="source"><p>Source Note: The provisions of this §26.200 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.201"><num value="26.201">§26.201</num><heading>Definitions</heading><content>In addition to the definitions set out in Texas Administrative Code, Title 4, Chapter 1, Subchapter A and 7 CFR Parts 210, 215, 220, 225, and 226, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise:(1) Appellant--A person who files an appeal.(2) CFR--Code of Federal Regulations.(3) FND--Food and Nutrition Division of the department.(4) FND Program--Any of the federal food and nutrition programs administered by FND which include the National School Lunch Program (NSLP), School Breakfast Program (SBP), Special Milk Program (SMP), Child and Adult Care Food Program (CACFP), and Summer Food Service Program (SFSP).(5) Notice of action--A letter sent by the department by certified mail, return receipt (or the equivalent private delivery service) or by email that describes an action proposed or taken by the department regarding program reimbursement or participation.(6) Review official--The administrative law judge who, pursuant to §1.18 of this title (relating to Administrative Law Judges), conducts the appeal on an action before the department.</content><note type="source"><p>Source Note: The provisions of this §26.201 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.202"><num value="26.202">§26.202</num><heading>Appealable Actions</heading><content>The following actions proposed or taken by the department are subject to appeal:(1) Denial of an application for program participation;(2) Proposed disqualification from program participation;(3) Proposed termination of a school food authority, institution, or sponsoring organization's program agreement with the department;(4) Denial of an application for a sponsored facility, center, or site;(5) Termination of a sponsored facility, center, or site;(6) Denial or disallowance of all or a part of a claim for reimbursement (except for a denial based on a late submission);(7) Recovery of all or a part of a claim for reimbursement through direct assessment or offset of future claims for, but not limited to, the following reasons: a claim that is not properly payable, the disallowance of funds for failure to take corrective action to comply with program requirements, or the disallowance of an overclaim;(8) Demand for the remittance of an overpayment or return of an improper or unearned payment of program funds;(9) Withholding of payment of program funds;(10) Suspension of program participation for health or safety reasons;(11) Proposed suspension of participation due to submission of a false or fraudulent claim;(12) Denial of an application for start-up or expansion payments;(13) Denial of a request for an advance payment of program funds;(14) Recovery of all or part of an advance payment in excess of the claim for the applicable period, either through a demand for full repayment or an adjustment of subsequent payments;(15) Denial of a food service management company's application for registration;(16) Revocation of a food service management company's registration;(17) Decision of the department not to forward to FNS an exception request for payment of a late claim, or a request for an upward adjustment to a claim; and(18) Any other action of the department affecting program reimbursement or participation, including other actions that may be subject to appeal pursuant to 7 CFR Parts 210, 215, 220, 225, and 226.</content><note type="source"><p>Source Note: The provisions of this §26.202 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.203"><num value="26.203">§26.203</num><heading>Appeal Procedures</heading><content>(a) Who may file. A person, or authorized representative, who has received a notice of action may file an appeal of an action described in §26.202 of this subchapter (relating to Appealable Actions).(b) Methods of filing. An appeal may be filed by any of the following methods:(1) Certified, registered, or standard mail;(2) Email;(3) Facsimile;(4) Courier service; or(5) Hand delivery.(c) Time for filing. An appeal must be filed within the following filing deadlines:(1) FND Programs except the SFSP and suspension reviews relating to false or fraudulent claims.(A) Certified, registered, or standard mail: An appeal must be mailed to the department's docket clerk at the mailing address provided in the notice of action within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action. An appeal is considered timely filed if it is postmarked on or before the filing deadline.(B) Email or facsimile: An appeal must be received by the department's docket clerk at the email address or facsimile number provided in the notice of action within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action. An appeal is considered timely filed if it is electronically transmitted at any time before midnight central time on the filing deadline.(C) Courier service or hand delivery: An appeal must be delivered to the department at the physical address provided in the notice of appeal within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action. An appeal is considered timely filed if it is received by the department before the close of business (5:00 p.m. central time) on the filing deadline.(D) If the filing deadline falls on a Saturday, Sunday, or holidays when the department is closed, then the filing deadline is the next business day. The department is not considered closed on skeleton crew days.(2) SFSP and Suspension Reviews relating to false or fraudulent claims. The rules for filing an appeal specified in paragraph (1) of this subsection apply to SFSP appeals and suspension reviews relating to false or fraudulent claims, except the time for filing an appeal is within ten (10) calendar days of the date of receipt, or deemed receipt, of the notice of action.(d) Form of appeal. An appeal must:(1) be in writing;(2) state the basis for the appeal and specify the action(s) being appealed;(3) include a legible copy of the notice of action; and(4) clearly state which type of appeal the appellant is seeking:(A) a review of written documentation submitted to the review official; or(B) a hearing conducted by the review official, which is informal and will be held in Austin, Texas. Failure to specifically request a hearing in the appeal letter shall constitute the appellant's waiver of the right to a hearing. The review official shall deny a request for a hearing submitted after the appeal letter has been received by the department's docket clerk, unless good cause is shown for failure to make a timely request.(C) The option for a hearing is not available in certain matters and is limited by §26.206 of this subchapter (relating to Abbreviated Appeals).</content><note type="source"><p>Source Note: The provisions of this §26.203 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.204"><num value="26.204">§26.204</num><heading>Filing of Documents</heading><content>(a) Documents must be filed using one of the filing methods described in §26.203(b) of this subchapter (relating to Appeal Procedures).(b) To be considered by the review official, written documentation relating to a pending appeal must be filed within the filing deadlines prescribed in this section. The rules relating to the timely filing of an appeal described in §26.203(c) of this subchapter shall apply to the timely filing of written documents.(c) Parties to an appeal have the right to review any documentary materials submitted for consideration. On the same date a document is filed, the filing party must serve a copy of it on every other party or such party's representative or attorney of record as described in this section.(d) If the department refers a matter to SOAH, parties to the matter referred must file and serve documents in accordance with SOAH's rules of procedure, Texas Administrative Code, Title 1, Chapter 155.(e) In all matters, except SFSP appeals and suspension reviews, an appellant must file written materials within thirty (30) calendar days of the appellant's receipt, or deemed receipt, of the notice of action.(f) In SFSP appeals, an appellant must file written materials within seven (7) calendar days of submitting the appeal.(g) In Suspension Reviews relating to false or fraudulent claims, an appellant must file written materials within ten (10) calendar days of the appellant's receipt, or deemed receipt, of the notice of action.(h) Service to the appellant or its representative shall be made to the appellant or representative's last known mailing address, email address, or facsimile number as shown by the department's records.(i) Parties and their representatives shall immediately notify the review official and all parties of any change in mailing address, email address, or telephone or facsimile number.</content><note type="source"><p>Source Note: The provisions of this §26.204 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.205"><num value="26.205">§26.205</num><heading>Hearing Procedures</heading><content>(a) Motions.(1) Motions in all matters, except in SFSP appeals, shall be filed in writing and served on all parties not less than seven (7) calendar days before the hearing, except for good cause shown. If the non-moving party files a response to the motion, the response must be filed no later than five (5) calendar days after receipt of the motion.(2) Unless leave is granted by the review official, motions in SFSP appeals may be filed up to forty-eight (48) hours prior to the hearing. If the non-moving party files a response to the motion, the response must be filed within forty-eight (48) hours of the receipt of the motion unless that time is extended or shortened by written order of the review official.(3) Motions shall set forth the specific grounds for which the moving party seeks the relief requested and shall make reference to all similar motions filed in the proceeding. The review official shall rule on the motion in a timely fashion; however, the review official may defer ruling on a motion until issuance of a final order.(b) Rules of court. The formal rules of court shall not apply unless necessary for efficient conduct of the hearing.(c) Evidence.(1) The parties are not bound by the Texas Rules of Evidence but shall be allowed to make lawful and pertinent objections to proffered evidence or testimony. Evidence will be admitted and given probative effect if it possesses probative value and is relevant as determined by the review official. The review official may limit the testimony of witnesses, or the introduction of documentary evidence, to those matters deemed probative and relevant.(2) Service of documents on a party shall be made in accordance with §26.204 of this subchapter (relating to Filing of Documents).</content><note type="source"><p>Source Note: The provisions of this §26.205 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.206"><num value="26.206">§26.206</num><heading>Abbreviated Appeals</heading><content>(a) This section applies only to the following actions by the department under the Child and Adult Care Food Program (CACFP):(1) Denial of an institution's application for participation; or(2) Proposed termination of an institution's program agreement with the department.(b) The appeal shall be limited to a review of written information concerning the accuracy of the department's determination if the application was denied or the department proposes to terminate the institution's program agreement because:(1) Information submitted on the application was false;(2) The institution, one of its sponsored facilities, or one of the principals of the institution or its facilities is on the National disqualified list;(3) The institution, one of its sponsored facilities, or one of the principals of the institution or its facilities is ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or(4) The institution, one of its sponsored facilities, or one of the principals of the institution or its facilities has been convicted for any activity that indicates a lack of business integrity.</content><note type="source"><p>Source Note: The provisions of this §26.206 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c26/scE/s26.207"><num value="26.207">§26.207</num><heading>Standard of Review</heading><content>The decision of the review official shall be based on a preponderance of the evidence. The burden of proof shall be on the department to show by a preponderance of the evidence that the action being appealed was taken or proposed in accordance with the program's regulations, rules, policy guidance, and directives.</content><note type="source"><p>Source Note: The provisions of this §26.207 adopted to be effective November 27, 2022, 47 TexReg 7660.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c27"><num value="27">CHAPTER 27</num><heading>TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.101"><num value="27.101">§27.101</num><heading>Definitions</heading><content>The following words and terms, when used in this Chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Active pest management zone--A pest management zone established under the Texas Agriculture Code, Chapter 80, in which citrus producers by referendum have approved their participation in a suppression program and have approved an assessment to fund costs of implementing the program, and in which the Corporation has begun operations.(2) Bio-intensive control--The use of biologically based pest control tactics, rather than traditional chemical control methods. Biologically based pest control tactics include biological controls, resistant host plants, cultural controls, botanical insecticides, or sterile insect techniques that cause little or no detrimental effect on non-target organisms.(3) Citrus Producer--Means a person who grows citrus and receives or intends to receive income from the sale of citrus. The term includes an individual who as owner, landlord, tenant, or sharecropper is entitled to share in the citrus grown and available for marketing from a farm or to share in the proceeds from the sale of the citrus from the farm. The term includes a person who owns land that is primarily used to grow citrus and that is appraised based on agricultural use under Chapter 23, Texas Tax Code, regardless of whether the person receives income from the sale of citrus, and there is an irrebuttable presumption that the person intends to receive income from the sale of citrus.(4) Code--The Texas Agriculture Code.(5) Commercial citrus--Citrus grown for sale or barter.(6) Corporation--The Texas Citrus Pest and Disease Management Corporation, Inc.(7) Department--The Texas Department of Agriculture.(8) Due and unpaid--An assessment is due and unpaid if it has not been paid after the due date set by the Commissioner for payment, and no written agreement has been made with the Corporation to pay the assessment.(9) First buyer of citrus--A buyer who buys citrus from a citrus producer and disburses funds to the producer for the purchase of citrus.(10) Noncommercial citrus--Any citrus that is not commercial citrus.(11) Pest management zone--A geographic area established under §80.006 of the Code in which citrus producers by referendum approve their participation in a pest and/or disease suppression program.(12) USDA--United States Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §27.101 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.102"><num value="27.102">§27.102</num><heading>Statement of Authority and Purpose</heading><content>The Corporation shall be recognized by the Department as the entity to plan, carry out, and operate suppression programs to manage and control pests and diseases in citrus plants in the state under the supervision of the Department as provided by Chapter 80 of the Code.</content><note type="source"><p>Source Note: The provisions of this §27.102 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.103"><num value="27.103">§27.103</num><heading>Approval by the Commissioner of Agriculture</heading><content>The Corporation is required to obtain approval from the Commissioner as follows.(1) The Commissioner must approve in writing the Corporation's policy for the procurement of goods and/or services. The procurement policy must be reviewed annually following initial approval. The procurement policy of the Corporation shall include:(A) a requirement in regards to purchases of goods or services:(i) that all purchase, service and/or lease agreements over the amount of $20,000 be approved by the Commissioner;(ii) a requirement that a statement of justification of need for the goods or services being purchased and/or leased be provided for each purchase and/or lease; and(iii) a provision that excludes routine or day-to-day operating expenditures such as office supplies, payroll or utilities from this requirement.(B) provisions for obtaining of competitive bids, including a requirement that bid announcements (request for bids) for purchases and/or leases, or financing of purchases and/or leases over the amount of $20,000 be approved by the Commissioner prior to distribution of the request for bid.(2) The Corporation must obtain approval in writing from the Commissioner to borrow money to fund operations of the Corporation.(A) An approval request for the borrowing of money must first be approved by a majority of the board in an open meeting.(B) Once approved by the board, the request for approval to borrow money must be submitted to the Commissioner in writing at least 30 days before the date of the actual borrowing transaction and include:(i) name and address of lender;(ii) amount to be borrowed;(iii) copy of terms of agreement for the transaction and any supporting documentation;(iv) a statement of justification for choosing the lender including other options considered; and(v) any other information requested by the Commissioner.(3) The Commissioner shall review and approve the Corporation's operating budget in writing. No funds may be used to fund programs not approved by the Commissioner. The budget must:(A) be approved on an annual basis to correspond with the Corporation's fiscal year;(B) be submitted at least 30 days prior to be the end of the Corporation's fiscal year;(C) be approved by the Corporation board in an open meeting prior to submission to the Commissioner;(D) include the following:(i) a breakdown of expenses to show the budget as projected by zone;(ii) a breakdown of Corporation operating expenses;(iii) total projected budget including expenses for goods and services to be approved by the Commissioner; and(iv) a description of programs to be implemented using budgeted funds.(4) Budget revisions are permitted between the approved budget line items. Prior written approval from the Commissioner is required on all cumulative transfers for the fiscal year covered by the proposed budget of funds among budget line items when the amount transferred exceeds 10% of the total annual budget.(5) The Commissioner must approve in writing the use of a bank depository prior to the deposit of funds by the Corporation.(6) The Corporation must seek written approval from the Commissioner to enter cooperative agreements to destroy and manage pests and diseases in this state between the Corporation and:(A) an agency of the federal government;(B) a state agency;(C) an appropriate agency of a foreign country contiguous to the affected area to the extent allowed by federal law;(D) a person who is engaged in growing, processing, marketing, or handling citrus;(E) a group of persons in this state involved in similar programs to carry out the purposes of this Chapter; or(F) an appropriate state agency of another state contiguous to the affected area, to the extent allowed by federal law, the law of the contiguous state, and the law of this state.</content><note type="source"><p>Source Note: The provisions of this §27.103 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.104"><num value="27.104">§27.104</num><heading>Reporting Requirements</heading><content>(a) The Corporation shall provide the Department with a copy of its annual audit within 30 days of the audit's completion, including any accompanying letters to the Corporation from the auditor.(b) No later than 45 days after the fiscal year, the Corporation shall file with the Department an annual report. The annual report shall include, at a minimum:(1) a balance sheet of assets, liabilities and fund equity;(2) an itemization of income/expenditures;(3) a statement of management activities carried out in the year covered by the report, by zone;(4) information regarding the name and quantity of pesticides used in the program by zone; and(5) copies of any resolutions adopted by the board regarding the suppression program.</content><note type="source"><p>Source Note: The provisions of this §27.104 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.105"><num value="27.105">§27.105</num><heading>Cost Sharing Program</heading><content>(a) Statement of Purpose and Authority. In accordance with Chapter 80 of the Code, the Department is authorized to contract with the entity under §80.020 to carry out pest and disease suppression to obtain suppression services for the state of Texas as part of a cost-sharing program. The Corporation has been designated as that entity. This section sets forth requirements and procedures for the implementation of the cost-sharing program.(b) Zone eligibility.(1) The Department may spend money under the cost-sharing program only in a pest management zone in which:(A) a suppression project authorized under the Code, Chapter 80 is active; or(B) suppression has been declared complete by the United States Department of Agriculture or its designee.(2) A zone meets the requirement set forth in paragraph (1)(A) of this subsection if a referendum of citrus producers has been held in the pest management zone in accordance with Chapter 80 of the Code, and both the establishment of a suppression program and a maximum assessment have been approved by producers for that pest management zone.(c) Request for funding.(1) The Corporation may request funding under this section to provide suppression services by submitting a proposal which meets the requirements specified by the Department.(2) A proposal to provide suppression services shall include:(A) a statement that the Corporation meets eligibility requirements;(B) a statement verifying that the Corporation will comply with the Uniform Grant Management Standards promulgated by the Governor's Office of Budget and Planning, under the Texas Government Code, Chapter 783 (UGMS);(C) Verification that funds provided will be used for suppression services in eligible zones; and(D) the specific amount of funding requested and how the funds will be used, broken down by zone, period of time covered, specific category of expenditure, and nature of activity.(3) Additional information may be requested, if needed.(d) Disbursement of funds.(1) Disbursement of funds will be made after review and acceptance of the Corporation's proposal by the Department and execution of a written contract for services between the Department and the Corporation.(2) Disbursement shall be made only in accordance with the contract.(3) Disbursement of funds may be made in a lump sum or installments, as set forth in the contract.(e) Reporting/Accounting Requirements.(1) After funds have been disbursed, the Corporation shall provide a written report of expenditures on a quarterly basis according to the State of Texas fiscal year, or more often, as requested by the Department.(2) Quarterly reports shall be submitted to the Department within 30 days after the end of each quarter.(3) The Corporation shall establish an accounting system which identifies source of funds for programs, with separate accounting, in a manner that will enable the Department and others to audit funds and verify source of funds and how they are used, for:(A) producer assessments;(B) state funds; and(C) federal funds.(4) The Corporation shall comply with all applicable state requirements regarding use of state funds.(5) The Department may suspend disbursement of funds to the Corporation, if:(A) the Department determines, or has reason to believe, that appropriated funds are not being used for purposes stated in the contract or the Corporation is not complying with the terms of the contract, including reporting requirements, or these rules;(B) the Department determines, or has reason to believe, that the use of the appropriated funds by the Corporation is not consistent with state law; and/or(C) the Department determines or has reason to believe that the Corporation's use of the appropriated funds is not in the best interest of the state, citrus producers, or the suppression program.</content><note type="source"><p>Source Note: The provisions of this §27.105 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.106"><num value="27.106">§27.106</num><heading>Administrative Review</heading><content>(a) Filing of request.(1) Any person who believes they have been aggrieved in connection with an action of the Corporation may file a request for administrative review by the Department under §80.011 of the Code.(2) A request must be made in writing and received by the Department within 90 days of the alleged action which is the subject of the complaint. Formal requests must comply with the following requirements, and shall be resolved in accordance with the procedures set forth below. Copies of the request and any supporting documentation must be mailed or delivered by the requesting party to the Department and the Corporation.(b) Contents of request. A request filed under this section must be sworn and contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection, including an identification of the issue or issues to be resolved;(3) a precise statement of the relevant facts;(4) argument and authorities in support of the allegations made;(5) any supporting documentation available; and(6) a statement that a copy of the request has been mailed or delivered to the Corporation.(c) Informal Review.(1) Once a request is received by the Department, it shall be forwarded to the Department's Office of General Counsel for review.(2) The General Counsel, or his or her designee, shall have the authority, prior to appeal to the Commissioner or designee, to settle and resolve the complaint that is the subject of the request, and may solicit additional information regarding the matters alleged in the request for review from the requester, the Corporation, or any other relevant party. Copies of any additional information received shall be provided to both the requester and the Corporation.(3) If the issues raised in the request are not resolved by mutual agreement, the General Counsel will issue a written determination on the request for review as follows.(A) If the General Counsel determines that no violation of rules or statutes has occurred, he or she shall so inform the requesting party and the Corporation by letter, setting forth the reasons for the determination.(B) If the General Counsel determines that a violation of the rules or statutes has occurred, he or she shall so inform the requesting party and the Corporation by letter, setting forth the reasons for the determination and the appropriate remedial action.(4) If the General Counsel's determination is not appealed within 15 business days, that determination shall serve as the final agency determination on the complaint.(d) Appeal to Commissioner.(1) The General Counsel's determination may be appealed to the Commissioner by the requester or the Corporation. An appeal of the General Counsel's determination must be in writing and must be received by the Department no later than 15 business days after the date of the General Counsel's determination. The appeal shall include specific reasons why the requester or the Corporation disagrees with the determination. Copies of the appeal must be mailed or delivered by the party appealing to the other party.(2) The Commissioner, or his or her designee, shall review the request for appeal and any supporting documentation submitted with the appeal. The Commissioner shall be limited to review of the original request for administrative appeal and supporting documentation submitted with that request, and the General Counsel's determination.(3) The Commissioner's determination of the appeal shall be the final administrative action of the agency and is subject to judicial review under Chapter 2001, Government Code.(e) Actions Subject to Review.(1) Request for review filed under §80.011 shall be based on actions taken by the Corporation under Chapter 80 of the Code.(2) Actions subject to review under §80.001 do not include:(A) alleged violations that may be prosecuted administratively by the Department under the §12.020 and/or §76.1555 of the Code;(B) bid protests and other disputes arising from a bid made or a contract entered into with the Corporation under its procurement manual, and covered by the Corporation's procurement dispute resolution procedure; or(C) disputes that have been resolved through a civil or criminal action brought in a court of law.(f) Appropriate remedial actions. If the Department, or the Commissioner on appeal, determines that the Corporation acted in a manner that warrants action by the Department, the Department may prescribe corrective action to be carried out by the Corporation, or refer its determination to the appropriate entity in accordance with the §80.027 of the Code. The Department is not authorized to award monetary damages to a person filing a request under this section.</content><note type="source"><p>Source Note: The provisions of this §27.106 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scA/s27.107"><num value="27.107">§27.107</num><heading>Public Information Act</heading><content>All information submitted to the Corporation under this chapter is subject to the Public Information Act (PIA), Chapter 552, of the Texas Government Code, and may be disclosed to the public upon written request submitted to the Corporation or the Department. All information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies.</content><note type="source"><p>Source Note: The provisions of this §27.107 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scB"><num value="B">SUBCHAPTER B</num><heading>ELECTION OR REFERENDUM PROCEDURES</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.201"><num value="27.201">§27.201</num><heading>Voter Eligibility</heading><content>(a) A citrus producer is a person defined in §27.101(3) of this title (relating to Definitions), and §80.003(6) of the Code. For purposes of determining voter eligibility for elections or referenda, this requirement will be determined from the official list provided to the Department of operators or crop-sharing landlords who have citrus in the zone or area in which a referendum is being held in the crop year in effect at the time of the referendum.(b) A citrus producer eligible to vote in a pest management zone referendum is also entitled to elect board members to represent the pest management zone in which the producer's citrus production occurs.(c) If a citrus producer has production in more than one zone, the producer may vote in each zone in which he or she meets the voting eligibility requirements in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §27.201 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.202"><num value="27.202">§27.202</num><heading>Board Candidates</heading><content>(a) A representative number of members to the Corporation's board of directors shall be elected from each established pest management zone for terms not to exceed four years. Members may serve multiple terms.(b) In order to be a candidate for board membership, a person must be eligible to vote in the referendum, must reside in the pest management zone that he or she is seeking to represent and have at least seven years citrus producing experience.(c) In order to have his or her name put on the ballot, a person must file with the Department, at least 30 days prior to the first day of the voting period of the election, a petition signed by ten eligible voters within the pest management zone to be represented. The Department shall prescribe the form for the petition.(d) An eligible voter may vote for a citrus producer whose name does not appear on the ballot by writing that person's name and county of residence on the ballot.(e) Board candidates are elected by plurality, by receiving the highest number of votes of all candidates for that board position.</content><note type="source"><p>Source Note: The provisions of this §27.202 adopted to be effective December 6, 2015, 40 TexReg 8637; amended to be effective July 22, 2018, 43 TexReg 4727.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.203"><num value="27.203">§27.203</num><heading>Commissioner Approval Required for Assessment Referendum</heading><content>Before the referendum, the Commissioner shall review and approve:(1) the amount of the assessment;(2) the basis for the assessment;(3) the time for payment of the assessment;(4) the method of allocation of the assessment among citrus producers;(5) the restructuring and repayment schedule for any preexisting debt; and(6) the amount of debt to be incurred in the pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.203 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.204"><num value="27.204">§27.204</num><heading>Public Hearings</heading><content>The Commissioner shall give notice of and conduct a public hearing in the pest management zone regarding the proposed assessment referendum.</content><note type="source"><p>Source Note: The provisions of this §27.204 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.205"><num value="27.205">§27.205</num><heading>Conduct of Election or Referendum</heading><content>(a) Upon request of the Corporation, the Commissioner shall conduct and prescribe the manner to conduct an election and/or referendum as authorized under the Chapter 80 of the Code.(b) With the Commissioner's approval, the Corporation may set the assessment rate at a level less than the maximum assessment approved by the referendum.(c) Notice of the referendum shall be published in one or more newspapers published and distributed within the boundaries in which the board operates. The notice shall be published at least 45 days before the date of the referendum and/or board election in one or more newspapers published and distributed throughout the proposed or established pest management zone or zones, or area proposed to be added or transferred. The notice shall be published not less than once a week for three consecutive weeks. In addition, at least 45 days before the date of the referendum, the Department will give direct written notice to the county office for the Texas AgriLife Extension Service in the pest management zone or zones or area proposed to be added or transferred.(d) Notice provided in accordance with subsection (c) of this section shall include:(1) the date of the election;(2) the manner in which the election is to be conducted;(3) the purpose of the election and/or referendum;(4) if appropriate, information regarding the election of board members, including how to get on the ballot;(5) if an assessment referendum is being conducted, the maximum assessment to be paid by citrus producers having production in the pest management zone and the time for which the assessment will be collected; and(6) who to contact for more information.(e) A proposed pest management zone referendum ballot must include or be accompanied by information about the proposed pest management zone, including:(1) a statement of the purpose of the pest suppression program;(2) the geographic area included in the proposed pest management zone;(3) a general summary of rules adopted by the Commissioner under §§80.016, 80.020, and 80.022 of the Code, including a description of:(A) citrus producer responsibilities; and(B) penalties for noncompliance with rules adopted under this chapter; and(4) an address and toll-free telephone number that a citrus producer may use to request more information about the referendum or the pest suppression program.(f) The referendum will be conducted by mail ballot. All eligible producers will be mailed a ballot. An eligible producer who has not received a ballot may request a mail ballot by contacting Department headquarters. No eligible producer requesting a mail ballot shall be refused a ballot.(1) Cast ballots will be returned by mail to Department headquarters by the citrus producer via postage paid envelope and must be postmarked by a deadline to be determined by the Department.(2) Ballots submitted to the Department by mail shall be maintained at Department headquarters.(g) The Department will be reimbursed by the Corporation for all costs associated with conducting a referendum under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §27.205 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.206"><num value="27.206">§27.206</num><heading>Canvass; Watchers; Recount</heading><content>(a) A canvassing committee appointed by the Commissioner shall count the ballots and verify the referendum results to the Commissioner for certification. Referendum results will be certified by the Commissioner.(b) Ballots for the referendum will be counted in a manner determined by the Commissioner.(c) After the ballots are counted and the results verified by the Commissioner, the ballots shall be locked in a container and stored at the Department's headquarters for a period of 30 days. The locked container containing referendum ballots cannot be opened for the 30-day period without a court order or written request for recount. If no contests or investigations arise out of the referendum within 30 days after certification of such referendum, the Department shall destroy the ballots by shredding.(d) A watcher may be present at Department headquarters for the purpose of observing the canvass of the votes and until the canvassing committee completes its duties. Written notice of intent to be present during the canvass must be submitted to Department at least three days prior to the count.(e) A request for recount submitted under this division must:(1) be in writing;(2) state the grounds for the recount;(3) be submitted to the Commissioner within 10 calendar days of canvass results; and(4) be signed by the person(s) requesting the recount, including address and phone number. If the request is made on behalf of an organization or association, the person submitting the request must state that he or she is authorized to request a recount on behalf of the organization or association.(f) A recount will be conducted by the Department, under the supervision of a representative of the Office of the Secretary of State.</content><note type="source"><p>Source Note: The provisions of this §27.206 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.207"><num value="27.207">§27.207</num><heading>Zone Activation; Producer Approval</heading><content>(a) Once a pest management zone has been designated by adoption of a rule subject to the authority of §80.005 of the Code, the pest management zone is not established until approved by a referendum of citrus producers in the new zone and held in accordance with §80.006 of the Code.(b) Once a pest management zone has been designated by rule and established by approval of citrus producers in the zone, as provided in subsection (a) of this section, the zone shall operate in accordance with the provisions of Chapter 80 of the Code.</content><note type="source"><p>Source Note: The provisions of this §27.207 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.208"><num value="27.208">§27.208</num><heading>Approval of Zones, Assessment Rates, Board Elections</heading><content>(a) A referendum to establish a zone, to establish a suppression program in an existing zone, to add a county or area to an existing zone, to transfer an area or county from one zone to another, to discontinue the program in a zone, or to set or continue an assessment rate must pass by a favorable vote of:(1) at least two-thirds of those voting vote in favor of the referendum; or(2) those voting in favor of the referendum cultivate more than 50 percent, as determined by the Commissioner, of the citrus acreage in the relevant pest management zone. The total acreage of citrus in each pest management zone or area shall be determined by use of the latest available figures provided to the Department by the Corporation.(b) If a pest management zone or program establishment, assessment, or retention referendum conducted under §80.006 of the Code is not approved, the Department may not conduct another referendum in the same area on that same issue before one year after the date of the election on the failed referendum. In addition, if a zone is not established or is discontinued, any concurrent board member election has no effect, and the Commissioner shall appoint a board member to represent the zone in which the election was held.(c) If a discontinuation referendum conducted under §80.014 of the Code is not approved, no such referendum may be held within two years of any other referendum in the pest management zone pertaining to establishing or discontinuing the pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.208 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.209"><num value="27.209">§27.209</num><heading>Payment of Zone Debt upon Discontinuation</heading><content>Citrus producers may vote in a referendum to discontinue the suppression program in a zone under §80.014 of the Code. If a proposition is approved, the suppression program is abolished and the pest management zone ceases to exist on payment of all debts of the pest management zone. Assessments shall continue annually on any producer planting citrus in the zone in subsequent years until all debts of the pest management zone are paid.</content><note type="source"><p>Source Note: The provisions of this §27.209 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.210"><num value="27.210">§27.210</num><heading>Petitions to Add an Area or County to an Existing Pest Management Zone or to Transfer an Area or County in One Pest Management Zone to Another Pest Management Zone</heading><content>(a) Parties wishing to petition for addition or movement into an existing pest management zone shall notify the Commissioner of their intent in writing. The petition shall include:(1) a geographic description of the proposed area to be added or moved;(2) information sufficient for the Commissioner to determine whether or not citrus production has begun or could begin in the proposed area;(3) information sufficient for the Commissioner to determine whether or not the proposed area is adjacent to a pest management zone or is in an area with biological characteristics similar to the pest management zone to which the area is requesting to be added or moved; and(4) any other pertinent information on the zone to which the area would be moved or added.(b) The Department shall provide a petition form for the party submitting the request. The completed form must include:(1) certification by the person signing the petition that he or she is an eligible citrus producer in the area proposed to be added or moved by having citrus production in the area proposed to be added or moved or sharing in the proceeds of citrus production in the current crop year;(2) the complete name and address of the eligible citrus producer or entity;(3) a legible signature of the person with authority to sign for the person or entity; and(4) the date signed.(c) Only one signature or petition form per entity may be gathered.(d) Signatures that are dated before the date the petition process starts are invalid.(e) Producer eligibility to sign a petition shall be determined as follows.(1) If the petitioning process commences prior to or after traditional citrus production in the area, the immediately preceding citrus crop year information as maintained in the official list provided to the Department determines eligibility for having a producer's name on the petition.(2) If a petition drive crosses crop years, the Commissioner shall use the most current complete eligible list of producers in the area proposed to be added or moved, and shall notify the petitioning party of the appropriate date when the eligibility list changes. If a person farmed in a year other than the year determined to be the eligible year, that signature or petition form will not be valid.(f) Upon receipt of request for petition, the Department shall advise the party of the number of eligible voters/producers in the proposed area using the list that will be used to determine if the total number of producer signatures gathered meets or exceeds 30% of producers in the petitioning area, as required by §80.009(b) of the Code.(g) Completed petitions may be filed with the Department either by sending them to the Department by postal mail or by hand-delivery to the Department's headquarters in Austin. The filing date of the petition shall be the date the petition is actually received by the Department. Signatures may not be added to or withdrawn from a petition, once filed with the Department.(h) The petitioning party must certify that the documents submitted to the Department for review have been screened to eliminate possible duplicates. In addition, the petitioning party must attest in an affidavit that all signatures are valid according to the agreed upon eligibility list.(i) Once a petition is received by the Department shall review the petition for compliance with the 30% requirement. If, upon review, greater than 10% of signatures on the petition forms are not in compliance with this section, the petition will be rejected. The Commissioner, at his or her discretion, may appoint a committee to review the petition.(j) Within 30 days of receipt of the petition, the Department shall notify the petitioning party of a decision, and, if applicable, file for publication in the Texas Register a proposed rule adding or transferring the area, and may set a hearing in the area to take public comment on the rule. Once the required period for public comment on the proposed rule has passed, the Commissioner may adopt a rule adding or moving an area, and may hold a producer referendum, if appropriate.(k) If necessary, the Department shall conduct a referendum to add or move an area or county in the same manner as other referenda conducted under Chapter 80 of the Code and this subchapter.(l) If approved, citrus producers within the proposed area shall be part of the amended pest management zone and be subject to assessment and other participation requirements for that pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.210 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scB/s27.211"><num value="27.211">§27.211</num><heading>Petition for Discontinuation Referendum</heading><content>(a) Parties wishing to petition for a discontinuation referendum in an existing pest management zone shall notify the Commissioner of their intent in writing.(b) The Department shall provide a petition form for request for discontinuation. The completed form must include:(1) certification by the person signing the petition that he or she is an eligible citrus producer in the zone by having citrus production or sharing in the proceeds of citrus production in the current crop year;(2) the complete name and address of the eligible citrus producer or entity;(3) a legible signature of the person with authority to sign for the person or entity; and(4) the date signed.(c) Only one signature or petition form per producer may be gathered.(d) The Commissioner shall conduct the referendum before the 90th day after the date the petition was filed, except that a referendum may not be held before the second anniversary of any other referendum in the pest management zone pertaining to establishing or discontinuing the pest management zone. If the two-year prohibition period applies, a petition drive conducted under this section may begin no sooner than nine months before the expiration of the two-year period. Signatures that are dated before the date the petition process starts or the date allowed for the petitioning process to begin are invalid.(e) Producer eligibility to sign a petition shall be determined as follows.(1) If the petitioning process commences prior to or after traditional citrus production in the zone, the immediately preceding citrus crop year information as maintained determines eligibility for having a producer's name on the petition.(2) If a petition drive crosses crop years, the Commissioner shall use the most current eligible list of producers as maintained, and shall notify the petitioning party of the appropriate date when the eligibility list changes. If a person farmed in a year other than the year determined to be the eligible year, that signature or petition form will not be valid.(f) Upon receipt of the notice of intent to petition, the Department shall notify the petitioning party of the eligible voter list that will be used to determine if the total number of producer signatures on the petition forms meets or exceeds 30% of producers in the pest management zone, as required by the §80.014 of the Code.(g) Completed petitions must be filed with the Department by sending them to the Department's headquarters in Austin via postal mail or by hand-delivery. The filing date of the petition shall be the date the petition is actually received by the Department. Signatures may not be added to or withdrawn from a petition, once filed with the Department.(h) The petitioning party must certify that the documents submitted to the Department for review have been screened to eliminate possible duplicates. In addition, the petitioning party must attest in an affidavit that all signatures are valid according to the agreed upon eligibility list. If, upon review, greater than 10% of the signatures or petition forms are not in compliance with this section, the petition will be deemed null and void and will be rejected.(i) Once a petition is received, the Department shall review the petition for compliance with the 30% requirement. The Commissioner, at his discretion, may appoint a committee to review the petition.(j) Within 30 days of receipt of the petition, the Department shall notify the petitioning party of a decision, and set a referendum date within 90 days of receipt, if the petition meets all requirements.(k) If a referendum of producers is held, the Department shall conduct the referendum in the same manner as other referenda conducted under Chapter 80 of the Code and this subchapter.</content><note type="source"><p>Source Note: The provisions of this §27.211 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scC"><num value="C">SUBCHAPTER C</num><heading>REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.301"><num value="27.301">§27.301</num><heading>Requirement for Program Participation</heading><content>(a) All citrus producers within a pest management zone are required to participate in the suppression program approved by producers in a referendum for that zone.(b) Participation in the suppression program includes:(1) timely reporting to the Corporation, as specified in subsection (c) or (d) of this section, of all information regarding all commercial and noncommercial citrus and of all citrus grown for ornamental, research, or any other purposes as provided in §80.023 of the Code;(2) payment of the assessment in the amount and manner established and approved for that pest management zone; and(3) compliance with any rules or procedures established by the Department or the Corporation for implementation of the suppression program in that pest management zone.(c) Reporting deadlines.(1) All acreage planted with citrus and the location of such acreage in an active pest management zone, regardless of which pest management zone, must be reported annually to the Corporation by the producer no later than the reporting date established for each pest management zone.(2) The dates by which citrus acreage and location of such acreage in an active pest management zone must be reported by December 15 of each year.(3) The citrus acreage and location of such acreage required to be reported by paragraph (1) of this subsection may be reported to the Department rather than the Corporation.(d) The Corporation may send a written inquiry directly to a producer who has previously failed to report citrus acreage or location planted within a then-active pest management zone or to a producer who the Corporation has probable cause to believe has planted citrus in an active zone without reporting the acreage or location of such citrus to the Corporation. The written inquiry shall be sent by certified mail and shall require that the recipient producer certify in writing, on a form supplied by the Corporation, either the number of acres and location of each tract of citrus the producer has planted within an active pest management zone for the current producing season or that no acres of citrus are planted in an active pest management zone for the current producing season. The form must be returned within 10 days of receipt by the producer. After delivery or refusal of delivery of the written inquiry, the producer's obligation to report citrus acreage and location may be satisfied only by return of the certification required by this subsection. Failure to return the required certification or refusal of delivery of the written inquiry may result in the assessment of an administrative penalty, which shall not relieve the producer of the requirement to submit the certification required by this subsection. The Corporation may send out an additional written inquiry upon refusal of delivery of a previous written inquiry or if the Corporation considers a response to a previous written inquiry inadequate. Each written inquiry mailed under this subsection may serve as the basis for a separate violation.(e) Falsely reporting the number of acres or location of citrus under any provision of this section may result in the assessment of an administrative penalty.</content><note type="source"><p>Source Note: The provisions of this §27.301 adopted to be effective December 6, 2015, 40 TexReg 8637; amended to be effective February 6, 2018, 43 TexReg 571.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.302"><num value="27.302">§27.302</num><heading>Notice of Requirement for Participation</heading><content>(a) After passage of a referendum establishing a suppression program and maximum assessment and/or upon adoption of any new requirements by the Department and/or the Corporation, a notice of the requirements to participate in the suppression program shall be published by the Corporation in a newspaper having general circulation within the affected zone or zones for one day each week for three successive weeks.(b) The notice required by subsection (a) of this section shall include any requirements for timely reporting of acreage to the Corporation, compliance with regulations of the Department, and payment of the assessment established and approved for that pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.302 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.303"><num value="27.303">§27.303</num><heading>Penalties for Non-Payment of Assessment and Failure to Timely Report Acreage</heading><content>(a) Upon receiving notice from the Corporation that a producer has failed to timely pay an assessment in the amount and manner established for that pest management zone, the Department may assess an administrative penalty against the producer.(b) Upon receiving notice from the Corporation that a producer has failed to timely report to the Corporation information regarding acreage and location of all citrus groves and of noncommercial citrus grown for ornamental, research, or other purposes as provided by §27.301 of this title (relating to Requirement for Program Participation), the Department may assess an administrative penalty against the producer. A penalty assessed for failure to timely report acreage shall not exceed $50 per acre.</content><note type="source"><p>Source Note: The provisions of this §27.303 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.304"><num value="27.304">§27.304</num><heading>Appeal of Penalty Assessment</heading><content>(a) The Department shall issue a notice of violation to each person against whom the Department has proposed to assess a penalty under §27.303 of this title (relating to Penalties for Non-Payment of Assessment and Failure to Timely Report Acreage). The notice of violation, with attachments, shall include a brief statement of the matters alleged, the amount of the recommended penalty, the date on which the penalty will be assessed, the dates and amounts of any penalty increases in accordance with the Department's penalty matrix, and the right of the person charged to request a hearing.(b) A person against whom a penalty has been assessed may accept the determination of the Department, including the recommended penalty, or may protest the determination and request a hearing. A notice of protest and request for hearing may be filed with the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.(c) If the person accepts the determination of the Department, the Commissioner shall issue an order approving the determination and ordering payment of the penalty.(d) If the person protests the determination of the Department and requests a hearing, or fails to respond to the Notice of Violation, a hearing on the matter shall be provided and conducted in accordance with the procedures provided for contested cases in the Texas Administrative Procedure Act, Government Code, Chapter 2001, Chapter 1 of this title (relating to General Procedures), and 1 TAC Chapter 155 (Rules of Procedure of the State Office of Administrative Hearings).</content><note type="source"><p>Source Note: The provisions of this §27.304 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.305"><num value="27.305">§27.305</num><heading>Application for Exemption from Assessment Penalty</heading><content>(a) If an administrative penalty is assessed by the Department under the Code, §80.017, for failure to pay an assessment, the citrus producer may apply for an exemption from that administrative penalty in writing on a form prescribed by the Department within 20 days from receipt of the notice of violation, stating the reasons justifying the request. The conditions must be such that payment of the penalty would impose an undue financial burden upon the producer.(b) A grower who applies for an exemption from the penalty under this section must use a form prescribed by the commissioner. Forms may be obtained by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or call (512) 463-7476. A citrus producer must file a separate application with the Department for each year for which an exemption is claimed.(c) A request for exemption from the penalty will be considered only upon submission of a completed application form and the following documentation:(1) an income tax statement showing taxable net income for the previous year; and(2) an assignment of deficiency payments for citrus or any other crop to cover the amount due for assessments and assessment penalties and a general crop lien for all crops and products of such crops if deficiency payments are insufficient; or(3) a financial statement from a bank or other lending institution financing the farming operation indicating inability to pay.(d) Additional information may be submitted by the citrus producer for consideration by the Department.(e) The Department shall promptly notify the applicant of its determination regarding the applicant's request for exemption by mail at the address provided by the applicant in the application for exemption.(f) If the request for exemption from assessment penalties under this section is denied, assessments and penalties for the year for which the application is made are due on the later of:(1) the date on which they would be due in the absence of an application for exemption; or(2) 30 days after the date the applicant receives notice of the denial.(g) If warranted, the Department may grant a full or partial exemption.</content><note type="source"><p>Source Note: The provisions of this §27.305 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.306"><num value="27.306">§27.306</num><heading>Criteria for Exemption from Penalty for Failure to Pay Assessment</heading><content>(a) The Department's determination regarding a request for exemption will be based upon whether the completed application and other satisfactory documentation establish that payment of the assessment penalty would impose an undue financial burden upon the producer.(b) In addition to the general financial condition of the producer, factors which may be considered by the Department in determining whether the assessment penalty would impose an undue financial burden include:(1) adverse health conditions supported by a physician;(2) a natural or physical disaster resulting in at least 30% crop loss not covered by insurance;(3) a biological disaster such as severe insect or disease infestation not controllable by currently available pesticides or pest management strategies;(4) a financial disaster such as theft or fire; or(5) any other extraordinary circumstances.(c) Any factors which the citrus producer wishes the Department to consider must be supported by satisfactory documentation. The Department may request additional information or documentation as necessary prior to making a determination.</content><note type="source"><p>Source Note: The provisions of this §27.306 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scC/s27.307"><num value="27.307">§27.307</num><heading>Application for Payment Plan from Assessment Penalty</heading><content>A citrus producer who applies for an exemption from assessment penalties under §27.305 of this title (relating to Application for Exemption from Assessment Penalty), may apply with the Department, using a form prescribed by the Commissioner, for permission to establish a payment plan for the assessment penalty. Forms may be obtained by contacting the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or call (512) 463-7476. A separate application must be made for each year a payment plan is requested.</content><note type="source"><p>Source Note: The provisions of this §27.307 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scD"><num value="D">SUBCHAPTER D</num><heading>ASSESSMENTS, COMPLIANCE AND LIENS</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.401"><num value="27.401">§27.401</num><heading>Approval of Assessment Rates and Collection Dates</heading><content>(a) Each year, the Corporation shall recommend assessment rates, the date a notice of assessment will be sent, and assessment due dates for each active pest management zone to the Department for consideration by the Commissioner.(b) The Commissioner will review these proposals and determine the assessment rates and due dates for each pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.401 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.402"><num value="27.402">§27.402</num><heading>Notice of Assessment to Producer</heading><content>(a) The Corporation shall send notice of assessments to each citrus producer on record in each active pest management zone who has reported citrus acreage to the Corporation. Notice shall be sent at least 30 days before the due date for assessments in that pest management zone.(b) If special circumstances prevent the Corporation from meeting this deadline, the Corporation must receive a written waiver from the Commissioner.(c) The notice of assessment shall include the Corporation's field identification number if the acreage has not been certified with the USDA Farm Service Agency (FSA), counties in which farms are located and identification number (such as the last four digits of the citrus producer's social security number, or the entity's taxpayer identification number) and shall inform the producer of the following:(1) the date the assessment is due;(2) the full amount of their assessment;(3) information relating to an early payment discount;(4) information relating to payment after the due date; and(5) that an automatic lien will attach to the citrus grown on the acreage which is the subject of the assessment and perfect 60 days after the date of the notice of assessment unless the assessment is paid by that date, or written arrangements are made with the Corporation by that date to pay the assessments.</content><note type="source"><p>Source Note: The provisions of this §27.402 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.403"><num value="27.403">§27.403</num><heading>Payment of Assessments, Incentives for Early Payment; Penalties for Late Payment</heading><content>(a) All assessments are due in full, postmarked to the Corporation on or before the due date set by the Commissioner each year.(b) Any producer who pays the full amount of the assessment 15 or more days before the due date will be entitled to a reduction in the total amount of their assessment of not less than 2.0%.(c) Any producer who has not paid the amount of the assessment by the due date will be charged a late fee not to exceed 1.5% per month of the total amount due to the Corporation.(d) Assessments not paid 30 days or more after the due date may be referred to the Department for assessment of administrative penalties in accordance with Chapter 80 of the Code, and §27.303 of this title (relating to Penalties for Non-Payment of Assessment and Failure to Timely Report Acreage).</content><note type="source"><p>Source Note: The provisions of this §27.403 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.404"><num value="27.404">§27.404</num><heading>Compliance Certificates</heading><content>(a) When a producer has paid all assessments for a farm or for all farms for which an assessment is due from the producer in full for the current crop year, the Corporation shall issue a compliance certificate to that producer for that farm and/or for all farms on which an assessment is due from that producer and has been paid in full.(b) The compliance certificate shall include the following information:(1) The name of the producer;(2) The producer's identification number. This shall be either the last four digits of the citrus producer's social security number, or the entity's tax identification number.(c) A compliance certificate shall be issued and mailed by the Corporation within 30 business days of the date the full amount of assessment is received by the Corporation.(d) In addition to the document described in subsection (b) of this section, the following shall also serve the same purpose as a compliance certificate and shall be accepted by first buyers of citrus as proof of payment of an assessment, in the same manner as a compliance certificate:(1) a receipt issued by the Corporation evidencing payment of the assessment on the acreage on which the citrus was grown as long as the receipt contains the same information required to be included on the compliance certificate; or(2) an electronic copy of the compliance records of the Corporation.</content><note type="source"><p>Source Note: The provisions of this §27.404 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.405"><num value="27.405">§27.405</num><heading>Attachment of Lien on Harvested Citrus</heading><content>(a) An assessment lien established under §80.017 of the Code attaches and is perfected 60 days after the date the Corporation mails notice of an assessment due and owing by a citrus producer certifying or reporting citrus production within an active pest management zone.(b) The assessment lien attaches to citrus produced and harvested from acreage subject to the assessment that assessment year for the amount of the assessment which is "due and unpaid," as defined by §27.101 of this title (relating to Definitions), for that assessment year.(c) The assessment lien attaches only as to the first buyer of citrus and subsequent buyers take the citrus free of the assessment lien.(d) A first buyer of citrus takes free of the assessment lien if the buyer receives a compliance certificate or other acceptable documentation as described in §27.404 of this title (relating to Compliance Certificates).(e) A first buyer of citrus also takes free of the assessment lien if the buyer pays for the citrus with a check naming the Corporation as a payee, or writes a separate check for the full amount of the unpaid assessment naming the Corporation as the sole payee.</content><note type="source"><p>Source Note: The provisions of this §27.405 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.406"><num value="27.406">§27.406</num><heading>Notice to Buyers</heading><content>Notwithstanding any other provisions of this subchapter:(1) Once a lien is perfected and attaches in accordance with §80.017 of the Code, the lien established will be solely against citrus producers and first buyers of citrus, as defined by §27.101 of this title (relating to Definitions), and will be subject to and preempted by the Food Security Act of 1985 (7 USCA §1631), and the lien notice provisions thereof to first buyers of citrus, to be given by the Corporation.(2) The lien established by §80.017 is not effective or enforceable against a first buyer of citrus until the written notice described in paragraph (1) of this section is received by the buyer.</content><note type="source"><p>Source Note: The provisions of this §27.406 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.407"><num value="27.407">§27.407</num><heading>Lien priority</heading><content>An assessment lien placed in accordance with this section is not a priority lien, and does not have superior status to prior liens on the harvested citrus to which the lien is attached under this subchapter and §80.017 of the Code.</content><note type="source"><p>Source Note: The provisions of this §27.407 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scD/s27.408"><num value="27.408">§27.408</num><heading>Release of Lien</heading><content>The Corporation will issue a release of lien to the producer:(1) once the assessment has been paid in full or adequate documentation has been provided to establish that a prior lienholder is entitled to all or a portion of proceeds of the sale of citrus that would be paid towards the assessment; and(2) the producer has executed an affidavit verifying that no other lienholders are entitled to the proceeds of the citrus, which is subject to the assessment lien.</content><note type="source"><p>Source Note: The provisions of this §27.408 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scE"><num value="E">SUBCHAPTER E</num><heading>ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scE/s27.501"><num value="27.501">§27.501</num><heading>Protection of Individuals, Livestock Wildlife and Honeybee Colonies</heading><content>(a) Any applicator or applicators retained by the Corporation to apply or cause to be applied pesticides for the purpose of suppression of the invasive citrus pests and diseases in an established pest management zone will make such applications in accordance with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Texas pesticide laws and regulations, the pesticide label requirements of the product being used, the federal guidelines and any other special provision provided for in this section.(b) The Corporation shall establish procedures for each pest management zone that are consistent with specific parts of the Texas pesticide regulations relating to prior notification and reentry into sprayed groves and found at Chapter 7, Subchapter D of this title (relating to Use and Application), and §8.1 of this title (relating to General Provisions) to ensure compliance with requirements regarding prior notification and reentry.(c) The Corporation shall establish any zone-specific rules needed in addition to the requirements of subsections (a) and (b) of this section after analyzing each pest management zone for specially identified risks to humans, livestock, wildlife, honeybee colonies, or the environment. Such analysis will allow for specific rules to be written by the Corporation for each pest management zone with special concerns.(d) Beekeepers must file the location of their hives and their address and phone number with the Chief Apiary Inspector, Apiary Inspection Service, Entomology Department, Texas A&M University, College Station, Texas 77843-2475, so that a list of beekeepers may be prepared for each county and furnished to the Corporation. In lieu of filing the location of hives and names and addresses with the chief apiary inspector, any beekeeper may file such information with the Texas A&M AgriLife Extension agent for the county in which hives are located. The Corporation shall notify or cause to be notified beekeepers located adjacent to any fields being sprayed prior to the application at the earliest time possible to allow the beekeeper to restrict the bees leaving the hive or to move the hives until danger to the bees has diminished. In addition, the Corporation will make available the pest management zone plans to any beekeeper upon request.</content><note type="source"><p>Source Note: The provisions of this §27.501 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scE/s27.502"><num value="27.502">§27.502</num><heading>Guidelines for Establishment of Corporation Rules, Procedures and Methods of Treatment</heading><content>(a) The Corporation shall establish procedures for determining when pest population levels have reached economic significance. The Corporation will estimate pest populations using generally accepted entomological methods, including, but not limited to, pheromone traps, visual inspection and, when necessary, estimate nymph and egg distribution by examining the citrus flush; and establish thresholds to determine when treatments are necessary. This will be done for each pest management zone and will encompass both the initial infestation phase as well as post-treatment. The Corporation shall establish criteria to declare when suppression is maximized.(b) The Corporation shall establish a treatment regimen that seeks to provide the least possible risk to human health and the environment. The treatment regimen must consider all cultural controls; and, when the treatment regime must consider the use of pesticides, such pesticides must be considered on the basis of low toxicity and the least potential for environmental hazards. To achieve these objectives, the treatment regimen shall require, include, or incorporate the following:(1) Provisions mandating maximum compliance with pest control requirements, and considering other appropriate cultural controls;(2) Development of emergency response plans to minimize the health and environmental threat posed by accidental pesticide contamination;(3) Selection of pesticides and other cultural controls or other methods based on the severity of pest infestation, location of pest management zones, climatic conditions, and other factors that may contribute to the efficacy of the treatment;(4) Specification of the duration, application rate and frequency, type of application, and total amount of the active ingredient used, taking into consideration cost per acre;(5) Evaluation and selection of pesticides considering their acute and chronic toxicity, reproductive and developmental effects, acute and delayed neurotoxicological potential, and carcinogenic and other possible toxicological endpoints;(6) Consideration of possible risks to workers, mixers, loaders, and applicators to ensure that occupational exposure (via all routes) to the pesticides does not cause adverse health effects;(7) Assurance that adequate safety and protection are provided to workers consistent with state and federal worker protection standards by adhering to the precautionary statements and the reentry intervals, personal protective equipment, and other requirements of law, and where state and federal standards differ, by adhering to the more stringent requirement;(8) Methods for informing the public of possible health risks that could result from exposure to the pesticides used;(9) Working in cooperation with the United States Fish and Wildlife Service, the Texas Parks and Wildlife Department, and the Department, and providing consideration of the impact of pesticide use on endangered, threatened, and non-target organisms (plants, aquatic, and wildlife) and their habitats and assurance that precautionary and remedial measures are considered to mitigate the exposure; and(10) Cooperation with all agencies concerned including the USDA, United States Environmental Protection Agency, the Texas Parks and Wildlife Department, the Department, and the Texas Natural Resources Conservation Commission, to furnish collected data and assist in further study of the fate, mobility, and persistence of pesticides and their metabolites in soil, water, and air, and assistance in establishing the strategies for their safe use and disposal.(c) The Corporation shall develop a long-term control plan that will describe the methods to be used in each pest management zone for the purpose of suppression of the pests and diseases. The plan must specify the procedures that will be used to minimize the effect of the use of pesticides in long-term control plans. In developing the procedures to be used for minimizing the effects of the use of pesticides, the plan must consider the potential impact of each pesticide used in the suppression program as conducted by the Corporation on the following parameters:(1) Human health and safety;(2) Soils;(3) Vegetation;(4) Water quality of both surface and groundwater;(5) Air quality;(6) Non-target wildlife, domestic animals, and aquatic and insect species; and(7) Other methods of control to be employed or considered for employment.(d) The Corporation shall consider the acute and chronic toxicity of the particular pesticides used in the suppression program. In addition to the guidelines set forth in subsection (b)(5) of this section, the following parameters shall be considered by the Corporation:(1) Human exposure and risk analysis to:(A) The public; and(B) Workers;(2) Non-target species analysis of:(A) Terrestrial species; and(B) Aquatic species; and(3) Environmental fate.(e) In consideration of the analysis required by subsection (d)(1) of this section, and notification requirements provided for in §27.501 of this title (relating to Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies), the Corporation shall consider additional methods of notification, as appropriate for specific zones.(f) Subject to procedures established by subsection (a) of this section, the Corporation shall only treat or cause to be treated citrus trees which meet or exceed the approved treatment thresholds, and shall only treat with the appropriate amount of approved pesticides.(g) The Corporation shall establish methods for verifying pesticide use reduction resulting from the pest and disease suppression programs as conducted by the Corporation. The Corporation shall maintain an annual record of total amount of each pesticide used in the suppression program in each pest management zone, shall conduct an evaluation at the end of each year of pesticide use in the pest and disease suppression program, and maintain the most recent data, when available. For other insecticides used, the Corporation shall develop methods to assess insecticide use for other citrus pests and diseases.</content><note type="source"><p>Source Note: The provisions of this §27.502 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scE/s27.503"><num value="27.503">§27.503</num><heading>Authorization for Destruction</heading><content>Upon referral by the Corporation, subject to §80.021 of the Code, the Department may authorize the destruction or treatment, and establish procedures for the purchase and destruction, of citrus plants and hosts in pest management zones if the Department determines the action is necessary to carry out the purpose of Chapter 80. The Corporation must demonstrate that a public nuisance exists to establish that the action is warranted, including non-compliance with suppression program requirements.</content><note type="source"><p>Source Note: The provisions of this §27.503 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scF"><num value="F">SUBCHAPTER F</num><heading>BIO-INTENSIVE CONTROLS IN ACTIVE PEST MANAGEMENT ZONES</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scF/s27.601"><num value="27.601">§27.601</num><heading>Request for Approval to Use Bio-Intensive Controls Methods</heading><content>(a) Any citrus producer who wishes to integrate a Corporation-approved bio-intensive control method in an active pest management zone shall request approval in writing and must agree to follow the bio-intensive control regime provided by the biological control scientific community from the Corporation at least 90 days prior to release of bio-intensive controls.(b) The request shall be considered by the Corporation and shall be granted or denied in writing at least 30 days prior to planned release and/or application of bio-intensive controls, and if approved, certification issued designating the time period for which the approval is valid.(c) In the request for use of bio-intensive controls, the producer must state:(1) the pest management approach for the previous year;(2) the specific locations and acreage of the citrus groves;(3) the alternative control(s) to be used and its source and availability;(4) the expected dates of release;(5) the duration and timing expected in using the control method(s);(6) the plan for coordinating the monitoring methods of target pest between the Corporation and the producer;(7) the producer's name, address and phone number;(8) the expected cost of use of bio-intensive control; and(9) other relevant information to be considered by the Corporation in determining the request for the use of alternative controls.(d) In making its decision to grant approval for bio-intensive control methods in an active suppression program, the Corporation shall consider:(1) recommendations from the science advisory panel;(2) whether the producer has the fiscal means to pay for the alternative control method and pay any assessment;(3) the overall progress of the suppression program in the area and the location of the citrus on which bio-intensive methods are proposed to be used;(4) how the use of alternative methods would impact citrus in the pest management zone in question; and(5) the recommendation from the Corporation's Technical Advisory Committee.(e) If an application is approved by the Corporation in accordance with subsection (b) of this section, the producer shall document release and/or application dates and outcomes, and make the records available to the Corporation at a pre-determined time, and stay in weekly contact with the Corporation's operation manager for the area for updates on pest numbers evaluated and area infestation levels.(f) If the Corporation disapproves the request of an application in accordance with subsection (b) of this section, the producer may appeal the decision to the Department in accordance with the administrative review process set forth in §27.106 of this title (relating to Administrative Review). This process must be completed prior to implementation.</content><note type="source"><p>Source Note: The provisions of this §27.601 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scF/s27.602"><num value="27.602">§27.602</num><heading>Treatment of Groves Approved for Use of Alternative Control Methods</heading><content>The Corporation shall not treat with its regular regimen of chemical applications groves for which a producer has been approved to use bio-intensive control and is in compliance with Corporation best management practices.</content><note type="source"><p>Source Note: The provisions of this §27.602 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scF/s27.603"><num value="27.603">§27.603</num><heading>Withdrawal of Approval to Use Bio-Control Methods</heading><content>(a) Groves meeting Corporation pest thresholds, and approved for bio-intensive control methods, must be treated within 48 hours of the Corporation's notification to the producer or designee, or the Corporation will withdraw approval in writing.(b) If pest numbers and/or infestation levels in a grove monitored by the Corporation in the grove(s) approved for bio-intensive control methods exceed those in a majority of groves within the Corporation's work unit by 25% for any period of time, the Corporation shall notify the producer of this event.(c) If, after discussion between the producer and the Corporation, no other alternative is available, the producer's approval to use a bio-intensive control method shall be withdrawn by the Corporation and notice of withdrawal provided to the producer in writing.(d) A producer may appeal the withdrawal of the certification to the Department within 5 days of receipt of the notice of withdrawal. The producer shall provide a notice of the appeal to the Corporation. The Corporation shall not treat the producer's field while TDA reviews the appeal. In making its decision on the appeal, the Department shall consider the impact the decision will have on the overall success of the suppression program in the zone.</content><note type="source"><p>Source Note: The provisions of this §27.603 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scF/s27.604"><num value="27.604">§27.604</num><heading>Payment of Costs of Bio-Control</heading><content>Under all circumstances, any citrus producer who uses alternative methods for treating pests or diseases shall pay any additional costs of bio-intensive controls in addition to any assessment required to be paid by citrus producers in the pest management zone in accordance with Chapter 80 of the Code.</content><note type="source"><p>Source Note: The provisions of this §27.604 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scF/s27.605"><num value="27.605">§27.605</num><heading>Annual Approval</heading><content>A producer must apply annually for approval of use of bio-control methods.</content><note type="source"><p>Source Note: The provisions of this §27.605 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scG"><num value="G">SUBCHAPTER G</num><heading>ORGANIC CITRUS RULES</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.701"><num value="27.701">§27.701</num><heading>Purpose and Authority</heading><content>Section 80.126 of the Code provides that the Commissioner shall adopt rules and procedures to protect the eligibility of certified organic and transitional citrus production in active pest management zones and ensure that organic and transitional certification by the Commissioner continue to meet national certification standards in order for organic citrus to maintain marketability, while ensuring the ultimate success of the pest and disease suppression program in Texas. Section 80.026 further provides that rules adopted under that section may provide indemnity for the organic citrus producers for reasonable losses that result from a prohibition of production of organic citrus. The Corporation board may not treat or require treatment of organic citrus with chemicals that are not allowed for use on certified organic citrus except as provided in Chapter 18 of this title (relating to Organic Standards and Certification).</content><note type="source"><p>Source Note: The provisions of this §27.701 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.702"><num value="27.702">§27.702</num><heading>Planting of Certified Organic or Transitional Citrus in Active Pest Management Zones</heading><content>The decision on whether to plant certified organic or transitional citrus in any grove located in an active pest management zone will be made solely by the producer producing the crop, subject to any designations of prohibited growing areas under the Code, §80.026, and rules adopted thereunder. Neither the Corporation nor the Department will urge or persuade, in any way, a citrus producer to plant or not to plant certified organic or transitional citrus. This provision shall not affect the rights of the parties to negotiate in good faith pursuant to §27.705 of this title (relating to Eligibility for Indemnification).</content><note type="source"><p>Source Note: The provisions of this §27.702 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.703"><num value="27.703">§27.703</num><heading>Protection of Organic Certifications</heading><content>(a) The Corporation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal suppression activities.(b) In the event the Corporation or an employee or independent contractor of the Corporation inadvertently treats a certified organic or transitional grove or portion of a grove, either directly or through drift, with prohibited materials, other than an application allowed under emergency pest or disease treatment program provisions of Chapter 18 of this title (relating to Organic Standards and Certification), the Corporation will, to the extent appropriate, assist the citrus producer in obtaining just and reasonable compensation.(c) For purposes of this section, a determination of whether or not a direct treatment or drift occurred will be made by the Department in accordance with established procedures.(d) In the event of a confirmed case of direct treatment or drift of chemical applied for or by the Corporation, and where appropriate, the Department will investigate and seek such penalties as warranted under Chapter 76 of the Code, and Chapter 7 of this title (relating to Pesticides).</content><note type="source"><p>Source Note: The provisions of this §27.703 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.704"><num value="27.704">§27.704</num><heading>Communication with Organic Citrus Producers; Notification of Organic Production</heading><content>(a) All organic citrus (transitional, certified or decertified) must be registered with the Corporation. Organic citrus producers must include:(1) Producer's name;(2) Organic certifier's name, address, phone number;(3) Legal description of the property;(4) Physical location of the property; and(5) Total acreage.(b) In the event of a change in the certifier, citrus producer must notify the Corporation within thirty days.(c) All notifications required within the statute will apply to organic producers.(d) For all new orchards added, the citrus producer must register the citrus and meet all notification requirements.(e) The Corporation will communicate with all citrus producers of certified organic or transitional groves in active pest management zones to discuss suppression activities in and around the production of such crops and to plan measures to minimize problems such as drift.</content><note type="source"><p>Source Note: The provisions of this §27.704 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.705"><num value="27.705">§27.705</num><heading>Eligibility for Indemnification</heading><content>(a) Certified organic and/or transitional citrus producers in active pest management zones may negotiate and enter into voluntary indemnification agreements with the Corporation provided that those agreements are negotiated and made in good faith by both parties and are approved by the Commissioner.(b) Until each respective zone is declared eradicated by the Commissioner, certified organic and/or transitional citrus producers in pest management zones that are active at the time this rule becomes effective will be eligible for compensation under the following conditions. The citrus producer must have planted certified organic or transitional citrus during or prior to the effective date.(c) Certified organic and/or transitional citrus producers in pest management zones which become active after the effective date of this subchapter will be eligible for compensation under the following conditions. The citrus producer must have an application for transitional or organic citrus approved by either the Department's Organic Certification Program or a third-party certifier at least one year before the date a referendum is held establishing a suppression program and assessment and approving a budget for that pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.705 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.706"><num value="27.706">§27.706</num><heading>Calculation of Indemnity or Compensation</heading><content>(a) Definitions.(1) Eligible acreage--The acreage, planted to certified organic or transitional citrus, determined as provided in §27.705 of this title (relating to Eligibility for Indemnification), and identified for that grove as described in this paragraph. Organic or transitional citrus must be planted on this acreage by the organic certification date submitted to the Corporation.(2) Yield--The yield per acre will be determined by using the Actual Production History per acre planted to citrus for that farm, or if registered for crop insurance verified by the Risk Management Agency.(3) Conventional Price--The conventional citrus price will be determined by the USDA marketing order.(b) When a citrus producer is entitled to indemnification as a result of crop destruction, the Corporation will indemnify the citrus producer in accordance with the following formula: A (Organic Price) - B (Conventional Price) = C (Compensation)(c) The Commissioner will resolve any dispute between the citrus producer and the Corporation regarding the amount of indemnification.</content><note type="source"><p>Source Note: The provisions of this §27.706 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scG/s27.707"><num value="27.707">§27.707</num><heading>Payment of Assessment for Organic Citrus</heading><content>(a) Organic citrus producers who plant certified organic or transitional citrus will be required to pay an assessment in accordance with Chapter 80 of the Code, and comply with all rules adopted thereunder. The assessment will be in the amount set for the entire pest management zone and will be billed in the same manner as all citrus grown in the pest management zone.(b) Agreements negotiated under §27.705 of this title (relating to Eligibility for Indemnification) may include provisions for payment of an assessment or reduction of payment to an organic producer in the amount of an assessment for that acreage.</content><note type="source"><p>Source Note: The provisions of this §27.707 adopted to be effective December 6, 2015, 40 TexReg 8637.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c27/scH"><num value="H">SUBCHAPTER H</num><heading>CREATION OF PEST MANAGEMENT ZONES</heading><section identifier="/us/state/tx/tac/t4/p1/c27/scH/s27.801"><num value="27.801">§27.801</num><heading>Authority and Purpose</heading><content>The Texas Agriculture Code, §80.005, provides the Commissioner of agriculture with the authority, by rule, to designate an area of the state as a proposed pest management zone.</content><note type="source"><p>Source Note: The provisions of this §27.801 adopted to be effective October 17, 2016, 41 TexReg 8194.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scH/s27.802"><num value="27.802">§27.802</num><heading>Public Hearing</heading><content>The commissioner may hold a public hearing in the proposed pest management zone to discuss the proposed geographic boundaries of the zone. The public hearing may include any other topic allowed under this chapter.</content><note type="source"><p>Source Note: The provisions of this §27.802 adopted to be effective October 17, 2016, 41 TexReg 8194.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scH/s27.803"><num value="27.803">§27.803</num><heading>Zone Activation; Grower Approval</heading><content>(a) Once a pest management zone has been designated by adoption of a rule under the Texas Agriculture Code, §80.005, the pest management zone is not established until approved by a referendum of citrus producers in the new zone held in accordance with the Texas Agriculture Code, §80.006.(b) Once a pest management zone has been designated by rule and established by approval of citrus producers in the zone, as provided in this section, the zone shall operate in accordance with the provisions of the Texas Agriculture Code, Chapter 80, and rules adopted thereunder.</content><note type="source"><p>Source Note: The provisions of this §27.803 adopted to be effective October 17, 2016, 41 TexReg 8194.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c27/scH/s27.804"><num value="27.804">§27.804</num><heading>Lower Rio Grande Valley Pest Management Zone</heading><content>The Lower Rio Grande Valley Pest Management Zone shall consist of the following areas: Cameron, Hidalgo, and Willacy Counties.</content><note type="source"><p>Source Note: The provisions of this §27.804 adopted to be effective October 17, 2016, 41 TexReg 8194.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c28"><num value="28">CHAPTER 28</num><heading>TEXAS AGRICULTURAL FINANCE AUTHORITY</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scA"><num value="A">SUBCHAPTER A</num><heading>FINANCIAL ASSISTANCE RULES</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.1"><num value="28.1">§28.1</num><heading>Authority</heading><content>(a) Through action of the Texas Legislature and the approval of the Texas voters, the Texas Agricultural Finance Authority is authorized to issue general obligation bonds, or other indebtedness backed by the State of Texas, and revenue bonds to provide financial assistance to eligible agricultural businesses through direct loans, loans to lenders, purchasing participations in loans, loan insurance, or a loan guaranty program.(b) Effective September 1, 2009, the Texas Public Finance Authority has the exclusive authority to act on behalf of the Texas Agricultural Finance Authority in issuing debt instruments authorized to be issued by the Texas Agricultural Finance Authority.(c) A reference in law to a debt instrument issued by the Authority, in the context of a new debt instrument issued on or after September 1, 2009, means a debt instrument issued by the Texas Public Finance Authority on behalf of the Texas Agricultural Finance Authority.</content><note type="source"><p>Source Note: The provisions of this §28.1 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.2"><num value="28.2">§28.2</num><heading>Definitions</heading><content>In addition to the definitions set forth in Texas Agriculture Code, §58.002, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Definitions applicable to specific programs may be included within the applicable subchapter.(1) Act--The Texas Agricultural Finance Act, Texas Agriculture Code, Chapter 58, as amended.(2) Agricultural business--A business that is or proposes to be engaged in producing, processing, marketing, or exporting of an agricultural product, that is the entity designated to carry out the boll weevil eradication program in accordance with the Texas Agriculture Code, §74.1011, that is or proposes to be engaged in an agricultural-related business in rural areas of Texas, including a business that provides recreational activities associated with the enjoyment of nature or the outdoors on agricultural land, or a state agency or an institution of higher education that is engaged in producing an agricultural product.(3) Agricultural product--An agricultural, horticultural, viticultural, or vegetable product, bees, honey, fish or other seafood, planting seed, livestock, a livestock product, a forestry product, poultry, or a poultry product, either in its natural or processed state, or any other agricultural product approved by the Authority, that has been produced, processed, or otherwise had value added to it in this state.(4) Applicant--Any person, corporation, partnership, cooperative, joint venture, sole proprietorship, the entity designated to carry out the boll weevil eradication in accordance with Texas Agriculture Code, §74.1011, or a state agency or institution of higher education filing an application with the Authority for financial assistance under any program under this chapter. A lender may submit an application for any of the above-mentioned parties.(5) Application--An application promulgated and approved by the Texas Agricultural Finance Authority Board of Directors, including supporting documentation and schedules as required by the Authority, for participation in the programs under this chapter.(6) Authority--The Texas Agricultural Finance Authority.(7) Board--The board of directors of the Authority.(8) Business day--A day on which the department is open for business. The term shall not include Saturday, Sunday, or a traditional holiday officially observed by the state. The department's normal business hours are 8:00 a.m. to 5:00 p.m. each business day.(9) Compliance report--A copy of the final loan documents.(10) Comptroller--The Texas Comptroller of Public Accounts.(11) Current market rate--The rate of interest on a United States treasury bill or note, the maturity date of which most closely matches the maturity date of the loan, or the end of the current biennium of the State, whichever is sooner, as determined by reference to the United States treasury bill or note section of the Wall Street Journal or equivalent publication including an electronic publication, published on the day the loan is priced.(12) Default--The failure to perform an obligation established by the loan agreement, these rules or the Act.(13) Deputy Commissioner--The Deputy Commissioner of the Texas Department of Agriculture.(14) Equity--The applicant's contribution to a project in the form of cash, land, or other depreciable property.(15) Fund--The Texas agricultural fund.(16) Lender--A financial institution that makes commercial loans and is either a depository of state funds or an institution of the Farm Credit System headquartered in this state including a bank, banking association, savings bank, trust company, mortgage company, investment banker, credit union, underwriter, life insurance company, or any affiliate of those entities, and also including any other financial institution or governmental agency that customarily provides financing of agricultural loans or mortgages, or any affiliate of such an institution or agency, or any institution that the board determines is an experienced and sophisticated financial institution that agrees to participate in a financial program under this chapter.(17) Loan guarantee amount--With respect to loans made by a lender and guaranteed by the Authority, a sum measured in terms of United States dollars that the Authority pays to the lender to acquire an undivided interest in any loan or, in the case of default by the borrower, the Authority agrees to pay to the lender, not to exceed the percentage as stated in the guaranty agreement.(18) Programs--Any financial assistance program approved by the Authority board and defined by the rules under this chapter.(19) Project--An enterprise which would further the expansion or development of production, processing, marketing or exporting of Texas agricultural products or other agricultural-related rural economic development projects.(20) Qualified application--A completed application, including all documents and information required by the Authority and submitted by the lender or applicant, for participation in a program under this chapter.(21) Rural--A municipality with a population of less than 50,000.(22) Staff--The staff of the Authority or staff of the department performing work for the Authority.(23) State--The State of Texas.</content><note type="source"><p>Source Note: The provisions of this §28.2 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective November 21, 2013, 38 TexReg 8190; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.3"><num value="28.3">§28.3</num><heading>Examination of Records</heading><content>Any party requesting records of the Authority must submit a written request to the department, pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552.</content><note type="source"><p>Source Note: The provisions of this §28.3 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective November 21, 2013, 38 TexReg 8190.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.4"><num value="28.4">§28.4</num><heading>Communication with the Authority</heading><content>Applications and other written communications to the Authority should be addressed to the attention of the Texas Agricultural Finance Authority, in care of the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or other method provided in the solicitation document.</content><note type="source"><p>Source Note: The provisions of this §28.4 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.5"><num value="28.5">§28.5</num><heading>Texas Agricultural Fund</heading><content>The fund, established in the office of the comptroller, may consist of general obligation bond or commercial paper note proceeds, revenues generated from fees on farm vehicle registrations, appropriations or transfers made to the fund, guaranty fees, monies received from the operation of the program, interest paid on money in the fund from the operation of the program, interest paid on money in the fund and any other monies received from other sources for the fund. The board may provide for the establishment and maintenance of separate accounts within the fund, including loan guaranty program accounts as prescribed by the board.</content><note type="source"><p>Source Note: The provisions of this §28.5 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.6"><num value="28.6">§28.6</num><heading>Severability</heading><content>In the event that any clause, provision or subsection in this chapter are held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof.</content><note type="source"><p>Source Note: The provisions of this §28.6 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scA/s28.7"><num value="28.7">§28.7</num><heading>Servicing and Collateral Administration</heading><content>(a) Except as otherwise provided by state law, these rules, or resolution of the board, the staff, with the approval of the commissioner or deputy commissioner, or the department official designated by commissioner as being responsible for the Authority's programs, shall have the power to act on behalf of the Authority, without specific board approval, in regard to the administration, collection, enforcement, settlement and servicing of each and every commitment previously approved by the board under the Authority's programs, including, without limitation, those commitments and programs in effect prior to September 1, 2009. Such authority shall include, without limitation, any action required to be taken under any commitment, financial instrument, grant agreement, interest rebate or reduction agreement, loan guarantee, obligation, participation agreement, and any other agreement approved by the board and entered into by the Authority with respect to financial assistance or commitment made by the Authority.(b) Nothing in this section shall prevent the commissioner, the deputy commissioner, the department official designated by commissioner as being responsible for the Authority programs, or the staff from submitting any matter to the board for its consideration and approval.</content><note type="source"><p>Source Note: The provisions of this §28.7 adopted to be effective May 9, 2010, 35 TexReg 3470.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scB"><num value="B">SUBCHAPTER B</num><heading>INTEREST RATE REDUCTION PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.10"><num value="28.10">§28.10</num><heading>Authority</heading><content>The Texas Agricultural Finance Authority is authorized by Chapter 44 of the Code, §44.007 to establish the Interest Rate Reduction Program.</content><note type="source"><p>Source Note: The provisions of this §28.10 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.11"><num value="28.11">§28.11</num><heading>Purpose</heading><content>The purpose of the Interest Rate Reduction Program is to foster the creation and expansion of enterprises based on agriculture in this state. These sections are adopted to provide standards of eligibility and procedures for obtaining financial assistance under the Act.</content><note type="source"><p>Source Note: The provisions of this §28.11 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.12"><num value="28.12">§28.12</num><heading>Scope</heading><content>These sections will govern all applications filed under the Interest Rate Reduction Program. The Authority and the comptroller may waive the applicability of any section to an application when such waiver would be in the public interest and would further the purposes of the Act.</content><note type="source"><p>Source Note: The provisions of this §28.12 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.13"><num value="28.13">§28.13</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 58, as amended, and in subchapter A of this chapter (relating to Financial Assistance Rules), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Agriculture Code, Chapter 44, §44.007.(2) Eligible borrower--A person who proposes to use the proceeds of a loan under the interest rate reduction program in a manner that will help accomplish the state's goal of fostering the:(A) creation and expansion of enterprises based on agriculture in this state; or(B) development or expansion of businesses in rural areas of the state.(3) Linked deposit--A time deposit governed by a written deposit agreement between the state and the lender that provides that:(A) the lender pay interest on the deposit at a rate that is not less than the greater of:(i) the current market rate minus 2%; or(ii) 1.5%;(B) the state not withdraw any part of the deposit before the expiration of a period set by a written advance notice of the intention to withdraw; and(C) the eligible lending institution agree to lend the value of the deposit to an eligible borrower at a maximum rate that is the linked deposit rate plus a maximum of 4.0%.(4) Program--The Interest Rate Reduction Program authorized by the Act, §44.007.</content><note type="source"><p>Source Note: The provisions of this §28.13 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective November 21, 2013, 38 TexReg 8190; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.14"><num value="28.14">§28.14</num><heading>Application Procedure for Applicant</heading><content>(a) An applicant must comply with the following procedures to obtain approval of the application for participation in the program. An applicant shall submit a complete and accurate loan application and any required credit documentation to the lender and an applicant shall supply all required documentation that the Authority requires to determine whether the applicant is qualified under the Act and these sections.(b) The eligible borrower shall notify the Authority upon receipt of the loan proceeds indicating the amount received, date received, and the total amount of loan drawn to date in a manner provided by §28.4 of this chapter (relating to Communication with the Authority).</content><note type="source"><p>Source Note: The provisions of this §28.14 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.15"><num value="28.15">§28.15</num><heading>Application Procedure for Lender</heading><content>A lender must comply with the following procedures to obtain approval of an application for participation in the program.(1) A lender must be an eligible lending institution, as defined by the Act, to participate in the program.(2) A lender that is not an approved depository may obtain the appropriate designation by filing a state depository application with the comptroller.(3) A lender may obtain the application and information about the program from the Authority.(4) A lender shall determine the applicant's creditworthiness according to the lender's underwriting criteria.(5) A loan, while under the program, shall be set at a rate of interest established according to the prescribed linked deposit formula under the Act. The linked deposit rate will be recalculated at the end of the fiscal biennium. The eligible borrower's loan rate shall not exceed the linked deposit rate plus 4.0%.(6) A lender shall forward the original completed and approved application to the Authority pursuant to instructions in the solicitation document.(7) A lender shall estimate the proposed rate of interest to be charged the eligible borrower. The lender must certify via telephone communication with the comptroller at the time the loan is priced the actual rate of interest before issuance of the linked deposit. A copy of the certification of the eligible borrower's loan rate shall be sent to the Authority or the administrator, as part of the compliance report. In no event shall the actual rate of interest exceed the maximum rate of interest allowable under the Act.(8) In no instance will the linked deposit be wired to the lender until the loan proceeds have been paid to the eligible borrower. In most cases the entire approved linked deposit amount will be placed as a linked deposit with the applicable lender, except for linked deposits greater than $100,000 which are subject to incremental funding commensurate with principal drawdown.(9) A lender shall submit the compliance report to the Authority seven days after the loan is funded.(10) A lender shall notify the Authority in writing immediately upon a default and/or in the case of a prepayment or a principal reduction greater than $5,000 in any one calendar quarter of a loan under the program.(11) A lender shall comply with all terms and agreements set forth in the state depository handbook, state depository application, the linked deposit application, and any other agreements and representations made to the Authority and the comptroller, and all other terms and conditions of the loan, these rules and the Act.</content><note type="source"><p>Source Note: The provisions of this §28.15 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.16"><num value="28.16">§28.16</num><heading>Procedure for Review</heading><content>(a) Upon receipt of the application, staff shall review the application and determine:(1) the current availability of funds under the program;(2) the completeness of the application;(3) the eligibility of the applicant and the lender;(4) the qualified use of proceeds; and(5) compliance with the statute and rules.(b) The staff shall notify the lender of any deficiencies in the application within ten business days after receipt of the application. The applicant and the lender may amend the application to comply with the Authority's comments or withdraw the application.(c) The board will approve or deny any and all applications under this chapter, provided that the board may delegate such authority to the commissioner and/or the deputy commissioner.(d) The staff shall retain a copy of the application and forward a duplicate copy of the application with the Authority's recommendation to the comptroller.</content><note type="source"><p>Source Note: The provisions of this §28.16 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.17"><num value="28.17">§28.17</num><heading>Acceptance and Rejection Procedures</heading><content>(a) The comptroller shall review completed applications from the Authority and notify the Authority of their decision to accept or deny the application.(b) The Authority will notify the lender if the application has been accepted or denied.(c) The comptroller will inform the lender of the amount of the required collateralization of the linked deposit. The Authority will forward written notice that the lender has requested funding to the comptroller. The comptroller will wire the linked deposit to the lender in immediately available funds the same day, provided written notice of funding of the loan is received by 9:00 a.m. The comptroller will then provide the Authority confirmation of the linked deposit.(d) The comptroller shall determine the terms and conditions of the linked deposit once the maturity date is established (it cannot be set beyond the end of the biennium in which the linked deposit is placed), the applicable interest rate for the linked deposit can be determined by referring to the United States treasury bill or note section of the current issue of the Wall Street Journal corresponding with the day the loan is priced. The maturity date is matched to the closest treasury bill maturity. If longer than a year, it is matched to the treasury note with the maturity closest to the linked deposit maturity. In the case of a multiple maturity listing, the maturity with the lowest yield to arrive at the linked deposit rate should be used.(e) An applicant may reapply for participation in the program after rejection of an application if the application complies with the standards set forth in these sections and under the Act.(f) A lender shall terminate the linked deposit if the loan is prepaid. Quarterly principal reductions of $1,000 or more will result in a corresponding reduction of the linked deposit in a like amount (rounded to the nearest thousand) at the end of each quarter ending in November, February, May, and August. Upon completion of the quarterly review by the comptroller and the Authority, the linked deposit will be adjusted to the outstanding principal balance rounded to the nearest thousand dollars.(g) If a lender ceases to be a state depository, the comptroller shall withdraw the linked deposits. If the lender, which has a linked deposit, is purchased by another lending institution, the linked deposit will be reissued to the purchasing institution. Should the linked deposit loan not be obtained by the purchasing institution, then the linked deposit will be returned to the comptroller. The Authority and the comptroller will allow the borrower 90 days to place the loan with another lender.(h) A late payment on a loan by an eligible borrower does not affect the validity of the linked deposit through the period of the fiscal biennium. Should an eligible borrower default on a loan and the lender proceed with collection by foreclosure, the linked deposit must be returned to the comptroller.</content><note type="source"><p>Source Note: The provisions of this §28.17 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.18"><num value="28.18">§28.18</num><heading>Use of Loan Proceeds</heading><content>(a) Loan proceeds under the program may be used for any agriculture-related operating expense, including the purchase or lease of land or fixed asset acquisition or improvement, or for any enterprise based on agriculture as identified in the application, but a loan under this program may be applied to existing debt only when required by the lender to finance the expansion of an eligible project.(b) An applicant or lender may request the Authority to provide a preliminary determination if the anticipated use of the proceeds is a qualified use of proceeds.(c) Any use of loan proceeds that do not comply with these rules or any misrepresentations made to the Authority shall be a basis for default. The lender shall include a provision in the loan that declares a default and requires acceleration of the loan where the applicant uses the proceeds in any manner that would violate the provisions of the Act, these rules or the loan.</content><note type="source"><p>Source Note: The provisions of this §28.18 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scB/s28.19"><num value="28.19">§28.19</num><heading>Program Limitations</heading><content>In addition to the limitations already set forth in these rules, the following limitations apply.(1) Not more than $30 million may be placed concurrently in linked deposits under the Act.(2) The maximum amount of a loan under this program is $500,000.(3) All linked deposits placed under this program shall expire upon expiration of the biennium; however, subject to legislative authorization and approval by the Authority and the comptroller, linked deposits that expired as a result of the expiration of the biennium may be renewed.(4) The state shall not be liable for any failure to comply with the terms and conditions of the loan, or any failure to make any payments or any other losses or expenses that occur directly or indirectly from the program.(5) An applicant may have more than one application and linked deposit loan with the program provided that the total applications and total linked deposits approved do not exceed $500,000.(6) A person shall not receive approval of an application if a previous loan under the program is in default.</content><note type="source"><p>Source Note: The provisions of this §28.19 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scC"><num value="C">SUBCHAPTER C</num><heading>AGRICULTURAL LOAN GUARANTEE PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.20"><num value="28.20">§28.20</num><heading>Authority</heading><content>The Texas Agricultural Finance Authority is authorized by Chapter 58 of the Code, Subchapter E, §§58.051 - 58.056 to establish the Agricultural Loan Guarantee Program.</content><note type="source"><p>Source Note: The provisions of this §28.20 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.21"><num value="28.21">§28.21</num><heading>Purpose</heading><content>The purpose of the Agricultural Loan Guarantee Program is to provide financial assistance to eligible applicants who desire to establish or enhance a farming or ranching operation or an agriculture-related business.</content><note type="source"><p>Source Note: The provisions of this §28.21 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.22"><num value="28.22">§28.22</num><heading>Scope</heading><content>The Agricultural Loan Guarantee Program is to provide financial assistance in the form of loan guarantees to eligible applicants who desire to establish or enhance a farming or ranching operation or an agricultural-related business. A loan guarantee recipient may use proceeds from the loan for working capital for operating a farm or ranch, including the lease of facilities and the purchase of machinery and equipment, or for any agriculture-related purpose, including the purchase of real estate, as identified in recipient's documentation submitted in support of the application. These rules establish standards of eligibility and application procedures for the program.</content><note type="source"><p>Source Note: The provisions of this §28.22 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.23"><num value="28.23">§28.23</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 58, as amended, and in subchapter A of this chapter (relating to Financial Assistance Rules), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Agriculture Code, Chapter 58, Subchapter E.(2) Eligible borrower--A person whose application for loan guarantee under this program has been approved.(3) Plan--The documentation submitted to the lender that identifies the use of the loan proceeds.(4) Program--The Agricultural Loan Guarantee Program.(5) Project--An enterprise that establishes or enhances a farming or ranching operation or an agriculture-related business, which directly benefits production agriculture and furthers agriculture in Texas.</content><note type="source"><p>Source Note: The provisions of this §28.23 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.24"><num value="28.24">§28.24</num><heading>Applicant Requirements</heading><content>A lender may submit an application on behalf of an applicant if the applicant meets the following requirements:(1) if an individual, the applicant is a United States citizen and a resident of the State of Texas, or an entity in good standing and legally authorized to conduct business in the State of Texas;(2) provides evidence that the applicant's farm, ranch, or agriculture-related business is or will be located within the state; and(3) provides evidence of acceptable equity in the project in accordance with the commercial lender's underwriting standards.</content><note type="source"><p>Source Note: The provisions of this §28.24 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective February 23, 2012, 37 TexReg 907.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.25"><num value="28.25">§28.25</num><heading>Project Costs</heading><content>(a) Eligible costs. Financing received under this program may be used to provide working capital for operating a farm, ranch, or agriculture-related business, including: the lease of facilities, the purchase of machinery and equipment, or for any other agriculture-related business purpose, including the purchase of real estate, as defined in the plan.(b) Ineligible costs. Use of financing received under this Program for any costs other than those identified in the plan shall be considered ineligible costs. A loan guarantee is voidable by the board or the commissioner if the borrower uses loan proceeds for any costs not identified in the plan.</content><note type="source"><p>Source Note: The provisions of this §28.25 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.26"><num value="28.26">§28.26</num><heading>Consideration of Applications</heading><content>(a) Application forms. A lender seeking a loan guarantee from the Authority must use the application forms provided by the Authority and must include all information requested.(b) Submission of application. All applicants are required to obtain approval from a lender before applications will be accepted by the Authority. Staff will be available to assist applicants and lenders in determining eligibility for a loan guarantee under this subchapter.(c) Staff review. Staff will review the application for completeness and will notify the commercial lender of any additional information required. When the received application has been determined to be a qualified application, staff will review the lender's basis for approval, evaluate the project, and examine whether it meets all program requirements.(d) Board or commissioner review. The staff shall submit a credit memorandum to the board which shall include a recommendation for approval or denial for each qualified application received by the program. The board shall approve or deny each qualified application. The board may impose additional terms and conditions as part of its approval. The board may delegate to the commissioner or deputy commissioner the authority to take any and all action described in this subsection.(e) Notification of approval. Upon approval of the qualified application, staff will notify the lender in writing identifying the terms and conditions of the loan guarantee. The lender will prepare the written agreements and documents necessary to close the loan in accordance with the terms and conditions set forth in the notice of approval. The staff will send the lender final notice of guarantee approval after review and approval of the closing documents. Certain time limits may be set regarding the acceptance of loan commitments by the applicant and the lender; however, in no event shall the time period exceed 45 days from date of notification unless previously approved. The lender will disburse the loan according to the terms and conditions of the note and/or loan agreement.(f) Denial of application. If the application is denied, staff will notify the lender in writing, identifying the reasons for denial. Applicants who have been denied may re-apply to the loan guarantee program.(g) Providing false information. An applicant who knowingly provides false information in an application shall be disqualified from obtaining a loan guarantee under the program and shall be liable to the Authority and the department for any expense incurred by the Authority or the department as a result of the falsity. If the falsity is discovered after approval of a loan guarantee, the falsity may constitute grounds for revocation of the guarantee, and the Authority shall be entitled to exercise all its rights under the loan documents.(h) Reporting to the board. Staff shall report to the board at each board meeting the status of loans of the Authority and any applications approved by the commissioner under the program since the last meeting of the board.</content><note type="source"><p>Source Note: The provisions of this §28.26 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.27"><num value="28.27">§28.27</num><heading>Contents of the Application</heading><content>The applicant must present to the lender the information necessary to determine if the applicant is eligible and qualified to receive a loan guarantee under the program. Such information will include the following:(1) the application checklist form for the program provided by the Authority;(2) the plan, as submitted to the lender, for the applicant's proposed farm, ranch, or agriculture-related business to be financed, including a budget for the proposed operation;(3) a completed application for a loan from a commercial lender on which an eligible applicant has indicated how the loan proceeds will be used to implement the applicant's plan; and(4) the signed statement of a loan officer of the commercial lender that a loan guarantee is requested for approval of the loan application.</content><note type="source"><p>Source Note: The provisions of this §28.27 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.28"><num value="28.28">§28.28</num><heading>Application Process</heading><content>(a) A qualified application will be considered by the board at the first available meeting of the Authority or by the commissioner when the staff has had sufficient time to complete its review of the qualified application.(b) Approval of qualified applications will be subject to the availability of funds in the fund.(c) A nonrefundable application fee of not less than $100 will be required with each qualified application. An origination fee no less than 1.0% of the loan guarantee amount will be due within ten days of the initial funding of each loan.(d) Applications will be analyzed in accordance with the requirements and criteria set forth in the Act and in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.28 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.29"><num value="28.29">§28.29</num><heading>General Terms and Conditions of the Authority's Financial Commitment</heading><content>(a) Maximum amount of loan guarantee. A guarantee shall not exceed:(1) $750,000 or 70% of the loan amount, whichever is less;(2) $500,000 or 80% of the loan amount, whichever is less;(3) $250,000 or 90% of the loan amount, whichever is less.(b) Program limit. The amount that may be used to guarantee loans under this subchapter may not exceed three times the amount contained in the Texas agricultural fund, calculated on an annual basis as of September 30 each year.(c) Security. Financial commitments approved under this program must be secured by a first lien on collateral of a type and value which, when considered with other criteria, in the judgment of the board or the commissioner affords reasonable assurance of repayment of the loan.(d) Closing of the loan. The commissioner or a designee may attend the verification and signing of closing documents at the time, date, and location determined by the commercial lender.(e) Closing costs. All closing costs associated with the closing of an approved loan, including the Authority's review of the closing documents by independent legal counsel, may be charged to the borrower.(f) Co-participation. An applicant or eligible borrower may seek co-participation in financial assistance from other private and governmental sources. In any event, the Authority's maximum guarantee for any loan may not exceed the loan guarantee limits, with the lender(s) remaining at risk for at least 10% of the loan.(g) Duration of Guarantee. The duration of the loan guarantee approved by the Authority must not exceed the lesser of the useful life of the assets being financed or 10 years.(h) Interest rate. The interest rate on the guaranteed loan (not including guarantee fees) shall be the rate charged by the lender and approved by the Authority. To be eligible for a guarantee under the program, a loan with a term of more than one year must have a fixed interest rate.</content><note type="source"><p>Source Note: The provisions of this §28.29 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective November 21, 2013, 38 TexReg 8190; amended to be effective December 21, 2015, 40 TexReg 9119.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.30"><num value="28.30">§28.30</num><heading>Reporting Requirements</heading><content>(a) Each eligible borrower shall provide all information as requested by the lender and the Authority may request copies of any and all information provided to the lender.(b) Each lender shall report in writing to the Authority as follows:(1) notification if the loan is either adversely classified or the lender has placed a reserve amount to cover any potential loss due to the loan;(2) quarterly monitoring reports indicating loan balance, repayment status, and any credit changes reported to the commercial lender as indicated on the prescribed form to be supplied by the Authority;(3) notification to the Authority of the payment of all personal or real property taxes; and(4) notification in the event of any breaches or defaults in the terms, conditions, or covenants of the note, loan agreement, or other loan documents.(c) If necessary, the Authority may request other reports or documentation reasonably necessary for an assessment of the borrower's compliance with the program.</content><note type="source"><p>Source Note: The provisions of this §28.30 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.31"><num value="28.31">§28.31</num><heading>Collection Activity</heading><content>Any collection activity of a loan guaranteed under this subchapter must be approved by the Authority.</content><note type="source"><p>Source Note: The provisions of this §28.31 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.32"><num value="28.32">§28.32</num><heading>Criteria for Approval of Loan Guarantee</heading><content>(a) The board or the commissioner shall consider the following factors in deciding whether to approve an application for a loan guarantee:(1) the anticipated benefits from granting a loan guarantee to the eligible applicant, including both potential job creation and commercial benefits to the agricultural industry;(2) the eligible applicant's qualifications;(3) the feasibility of the eligible applicant's plans;(4) other repayment sources available to the eligible applicant; and(5) any other factor or circumstance within statutory authority and reasonably related to the goals and objectives of the Act.(b) Eligibility of the lender. The lender originating a loan must have a continuing ability to evaluate, perform, and service the loan; to make the necessary reports as identified in the rules of the program; and to collect the loan, if requested by the Authority, upon default. The commercial lender must agree to exercise due diligence in the servicing, maintenance, review, and evaluation of performance without regard to the existence of the Authority's guarantee or any other limitation of risk. The board or the commissioner reserves the right to decline a loan guarantee, or revoke a loan guarantee to a lender which does not present sufficient evidence that they have the capacity or interest to appropriately make and service the loan. The board may revoke or limit a loan guarantee if the lender fails to substantially comply with financial industry standards pertaining to reasonably prudent administration, origination, servicing, or underwriting of loans, or if the lender fails to comply with all obligations required under agreements with the Authority.(c) The Authority has adopted a Credit Policy and Procedures document which contains additional guidelines used by the Authority in the loan guarantee review and approval process. The Credit Policy and Procedure document may be obtained from the Texas Agricultural Finance Authority, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.</content><note type="source"><p>Source Note: The provisions of this §28.32 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.33"><num value="28.33">§28.33</num><heading>Loan Administration</heading><content>The lender shall service the loan and receive all payments of principal and interest, in accordance with lender's loan documents. In accordance with the lenders guarantee agreement with the Authority, the lender is obligated to service the loan even after an event of default.</content><note type="source"><p>Source Note: The provisions of this §28.33 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.34"><num value="28.34">§28.34</num><heading>Eligible Lender</heading><content>The Authority may request documentation as necessary from any lender that seeks a loan guarantee or has an active loan guarantee under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.34 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.35"><num value="28.35">§28.35</num><heading>Loan Guarantee Administration</heading><content>(a) Except as otherwise provided by state law, by these rules, or by resolution of the board, the staff, with the approval of the commissioner, the deputy commissioner of agriculture, or the official of the department designated by the commissioner of agriculture as being responsible for the department's agricultural finance programs, shall have the authority to act on behalf of the Authority, without specific board approval, in regard to the ongoing servicing, collection, settlement, and enforcement of each and every loan guaranteed by the Authority under the program. Such authority shall include, without limitation, the actions required to be taken by the Authority under any loan agreement, and any other agreement entered into by the Authority concerning a loan guaranteed by the Authority under the program.(b) Nothing in this section shall prevent the staff or the commissioner, the deputy commissioner, or the official of the department designated by the commissioner of agriculture from submitting any matter to the board for its consideration and approval.</content><note type="source"><p>Source Note: The provisions of this §28.35 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.36"><num value="28.36">§28.36</num><heading>Interest Rebate Requirements and Procedures</heading><content>(a) The board may independently establish a rate reduction (percent and amount) from time to time in its sole discretion to be eligible in the form of a rebate to qualifying eligible borrowers; however, in any one calendar year, the rate reduction per eligible borrower shall not exceed three percentage points or a maximum amount of $10,000.(b) The interest rebate payment is calculated for the term and amount of the guarantee commitment provided by the Authority.(c) The eligible borrower and lender must agree to all the criteria for the program found in this subchapter.(d) The lender must agree to provide the necessary information to the eligible borrower to verify the interest payment on the guaranteed loan.(e) To verify the amount of interest paid the eligible borrower must submit one or more of the following to the Authority:(1) A payment remittance advice from the lender that identifies the amount of the interest paid by the eligible borrower on the guaranteed loan;(2) A copy of the lender's transaction history for the loan identifying the application of the payment; or(3) Any other documentation required by the Authority that verifies the calculation of the total interest paid by the approved applicant on the guaranteed loan.(f) The Authority will notify the eligible applicant in writing if the verification documentation is deemed insufficient for processing.(g) Within 30 days of receipt of proper verification documentation, the Authority will prepare and present documentation to the comptroller for issuance of a voucher from the account.(h) The Authority will file appropriate federal tax statements each year as required by the United States Internal Revenue Code.</content><note type="source"><p>Source Note: The provisions of this §28.36 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scC/s28.37"><num value="28.37">§28.37</num><heading>Certified Lender Program</heading><content>(a) A lender certified under this section will receive expedited approval of loans that have a principal balance of $100,000 or less as of the date of closing the loan.(b) A lender is eligible to participate as a certified lender under the Authority's Agricultural Loan Guarantee program if it has maintained a Master Lender Agreement in place with Authority and has had no defaults under any loans guaranteed by the Authority under its Agricultural Loan Guarantee program.(c) A certified lender must complete and return an application for approval of each loan submitted under the Authority's certified lender program, on a form prescribed by the Department.(d) Lender and borrower(s) must meet and adhere to all requirements for an Agricultural Loan Guarantee as set out in Subchapters A and C of this chapter (relating to Financial Assistance Rules and the Agricultural Loan Guarantee Program).</content><note type="source"><p>Source Note: The provisions of this §28.37 adopted to be effective February 17, 2011, 36 TexReg 765.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scD"><num value="D">SUBCHAPTER D</num><heading>YOUNG FARMER INTEREST RATE REDUCTION PROGRAM RULES</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.40"><num value="28.40">§28.40</num><heading>Authority</heading><content>The Texas Agricultural Finance Authority is authorized by Chapter 58 of the Code, Subchapter F, §§58.071 - 58.075 to promulgate rules and procedures to establish the Young Farmer Interest Rate Reduction Program.</content><note type="source"><p>Source Note: The provisions of this §28.40 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.41"><num value="28.41">§28.41</num><heading>Purpose</heading><content>The purpose of the Young Farmer Interest Rate Reduction Program is to encourage private commercial loans and provide an economic benefit to young farmers for the purpose of creating or expanding an agricultural business in this state. These sections are adopted to provide standards of eligibility and procedures for participating in the interest rate reduction provided under the Act.</content><note type="source"><p>Source Note: The provisions of this §28.41 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.42"><num value="28.42">§28.42</num><heading>Definitions</heading><content>In addition to the definitions set out in the Texas Agriculture Code, Chapter 58, as amended, and in subchapter A of this chapter (relating to Financial Assistance Rules) the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Agriculture Code, Chapter 58, Subchapter F, Texas Agriculture Code §§58.071 - 58.075.(2) Eligible borrower--A person that is 18 years of age or older but younger than 46 years of age at the time of submitting a loan application and who is approved for participation in the program.(3) Linked deposit--A time deposit governed by a written deposit agreement between the state and the lender that provides that:(A) the lender pay interest on the deposit at a rate that is not less than the greater of:(i) the current market rate minus 3%; or(ii) .5%;(B) the state does not withdraw any part of the deposit before the expiration of a period set by a written advance notice of the intention to withdraw; and(C) the lender agrees to lend the value of the deposit to an eligible borrower at a rate not to exceed the linked deposit rate plus 4%.(4) Program--The Young Farmer Interest Rate Reduction Program.</content><note type="source"><p>Source Note: The provisions of this §28.42 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.43"><num value="28.43">§28.43</num><heading>Application Procedure for Applicant</heading><content>(a) An applicant must comply with the following procedures to obtain approval of the application for participation in the program. An applicant shall submit a complete and accurate loan application and any required credit documentation to the lender and an applicant shall supply all required documentation that the Authority requires to determine whether the applicant is qualified under the Act and these sections.(b) The eligible borrower shall notify the Authority upon receipt of the loan proceeds indicating the amount received, date received, and the total amount of loan drawn to date in a manner provided by §28.4 of this chapter (relating to Communication with the Authority).</content><note type="source"><p>Source Note: The provisions of this §28.43 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.44"><num value="28.44">§28.44</num><heading>Application Procedure for Lender</heading><content>A lender must comply with the following procedures to obtain approval of an application for participation in the program.(1) A lender must be an eligible lending institution, as defined by the Act, to participate in the program.(2) A lender that is not an approved depository may obtain the appropriate designation by filing a state depository application with the comptroller.(3) A lender may obtain the application and information about the program from the Authority.(4) A lender shall determine the applicant's creditworthiness according to the lender's underwriting criteria.(5) A loan, while under the program, shall be set at a rate of interest established according to the prescribed linked deposit formula under the Act. The linked deposit rate will be recalculated at the end of the fiscal biennium. The eligible borrower's loan rate shall not exceed the linked deposit rate plus 4.0%.(6) A lender shall forward the original completed and approved application to the Authority pursuant to instructions in the solicitation document.(7) A lender shall estimate the proposed rate of interest to be charged the eligible borrower. The lender must certify via telephone communication with the comptroller at the time the loan is priced the actual rate of interest before issuance of the linked deposit. A copy of the certification of the eligible borrower's loan rate shall be sent to the Authority or the administrator, as part of the compliance report. In no event shall the actual rate of interest exceed the maximum rate of interest allowable under the Act.(8) In no instance will the linked deposit be wired to the lender until the loan proceeds have been paid to the eligible borrower. In most cases the entire approved linked deposit amount will be placed as a linked deposit with the applicable lender, except for linked deposits greater than $100,000 which are subject to incremental funding commensurate with principal drawdown.(9) A lender shall submit the compliance report to the Authority seven days after the loan is funded.(10) A lender shall notify the Authority in writing immediately upon a default and/or in the case of a prepayment or a principal reduction greater than $5,000 in any one calendar quarter of a loan under the program.(11) A lender shall comply with all terms and agreements set forth in the state depository handbook, state depository application, the linked deposit application, and any other agreements and representations made to the Authority and the comptroller, and all other terms and conditions of the loan, these rules, and the Act.</content><note type="source"><p>Source Note: The provisions of this §28.44 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.45"><num value="28.45">§28.45</num><heading>Procedure for Review</heading><content>(a) Upon receipt of the application, staff shall review the application and determine:(1) the current availability of funds under the program;(2) the completeness of the application;(3) the eligibility of the applicant and the lender;(4) the qualified use of proceeds; and(5) compliance with the statute and rules.(b) The staff shall notify the lender of any deficiencies in the application within ten business days after receipt of the application. The applicant and the lender may amend the application to comply with the Authority's comments or withdraw the application.(c) The board will approve or deny any and all applications under this chapter, provided that the board may delegate such authority to the commissioner and/or the deputy commissioner.(d) The staff shall retain a copy of the application and forward a duplicate copy of the application with the Authority's recommendation to the comptroller.</content><note type="source"><p>Source Note: The provisions of this §28.45 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.46"><num value="28.46">§28.46</num><heading>Acceptance and Rejection Procedures</heading><content>(a) The comptroller shall review completed applications from the Authority and notify the Authority of their decision to accept or deny the application.(b) The Authority will notify the lender if the application has been accepted or denied.(c) The comptroller will inform the lender of the amount of the required collateralization of the linked deposit. The Authority will forward written notice that the lender has requested funding to the comptroller. The comptroller will wire the linked deposit to the lender in immediately available funds the same day, provided written notice of funding of the loan is received by 9:00 a.m. The comptroller will then provide the Authority confirmation of the linked deposit.(d) The comptroller shall determine the terms and conditions of the linked deposit once the maturity date is established (it cannot be set beyond the end of the biennium in which the linked deposit is placed), the applicable interest rate for the linked deposit can be determined by referring to the United States treasury bill or note section of the current issue of the Wall Street Journal corresponding with the day the loan is priced. The maturity date is matched to the closest treasury bill maturity. If longer than a year, it is matched to the treasury note with the maturity closest to the linked deposit maturity. In the case of a multiple maturity listing, the maturity with the lowest yield to arrive at the linked deposit rate should be used.(e) An applicant may reapply for participation in the program after rejection of an application if the application complies with the standards set forth in these sections and under the Act.(f) A lender shall terminate the linked deposit if the loan is prepaid. Quarterly principal reductions of $1,000 or more will result in a corresponding reduction of the linked deposit in a like amount (rounded to the nearest thousand) at the end of each quarter ending in November, February, May, and August. Upon completion of the quarterly review by the comptroller and the Authority, the linked deposit will be adjusted to the outstanding principal balance rounded to the nearest thousand dollars.(g) If a lender ceases to be a state depository, the comptroller shall withdraw the linked deposits. If the lender, which has a linked deposit, is purchased by another lending institution, the linked deposit will be reissued to the purchasing institution. Should the linked deposit loan not be obtained by the purchasing institution, then the linked deposit will be returned to the comptroller. The Authority and the comptroller will allow the borrower 90 days to place the loan with another lender.(h) A late payment on a loan by an eligible borrower does not affect the validity of the linked deposit through the period of the fiscal biennium. Should an eligible borrower default on a loan and the lender proceed with collection by foreclosure, the linked deposit must be returned to the comptroller.</content><note type="source"><p>Source Note: The provisions of this §28.46 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.47"><num value="28.47">§28.47</num><heading>Use of Loan Proceeds</heading><content>(a) Loan proceeds under the program may be used for any agriculture-related operating expense, including the purchase or lease of land or fixed asset acquisition or improvement, or for any enterprise based on agriculture as identified in the application, but a loan under this program may be applied to existing debt only when required by the lender to finance the expansion of an eligible project.(b) An applicant or lender may request the Authority to provide a preliminary determination if the anticipated use of the proceeds is a qualified use of proceeds.(c) Any use of loan proceeds that do not comply with these rules or any misrepresentations made to the Authority shall be a basis for default. The lender shall include a provision in the loan that declares a default and requires acceleration of the loan where the applicant uses the proceeds in any manner that would violate the provisions of the Act, these rules or the loan.</content><note type="source"><p>Source Note: The provisions of this §28.47 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scD/s28.48"><num value="28.48">§28.48</num><heading>Program Limitations</heading><content>In addition to the limitations already set forth in these rules, the following limitations apply.(1) Not more than that amount from the fund as determined by the board may be placed concurrently in linked deposits under the Act.(2) The maximum amount of a loan under this program is $500,000.(3) All linked deposits placed under this program shall expire upon expiration of the biennium; however, subject to legislative authorization and approval by the Authority and the comptroller, linked deposits that expired as a result of the expiration of the biennium may be renewed.(4) The state shall not be liable for any failure to comply with the terms and conditions of the loan, or any failure to make any payments or any other losses or expenses that occur directly or indirectly from the program.(5) An applicant may have more than one application and linked deposit loan with the program provided that the total applications and total linked deposits approved do not exceed $500,000.(6) A person shall not receive approval of an application if a previous loan under the program is in default.</content><note type="source"><p>Source Note: The provisions of this §28.48 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scE"><num value="E">SUBCHAPTER E</num><heading>YOUNG FARMER GRANT PROGRAM RULES</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scE/s28.50"><num value="28.50">§28.50</num><heading>Purpose</heading><content>The purpose of the program is to provide financial assistance in the form of matching grant funds to young farmers for the purpose of creating or expanding an agricultural business in this state. These sections are adopted to provide standards of eligibility and procedures for the grant program.</content><note type="source"><p>Source Note: The provisions of this §28.50 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scE/s28.51"><num value="28.51">§28.51</num><heading>Authority</heading><content>The Texas Agricultural Finance Authority is authorized by Chapter 58 of the Code, Subchapter G, §§58.091- 58.095 to promulgate rules and procedures to establish the Young Farmer Grant Program.</content><note type="source"><p>Source Note: The provisions of this §28.51 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scE/s28.52"><num value="28.52">§28.52</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Agriculture Code, §§58.091-58.095.(2) Grantee--A person awarded funds under this subchapter.(3) Matching Funds--Expenditures by the Grantee or made to sustain, create or expand the Grantee's agricultural business.(4) Program--The Young Farmer Grant Program as authorized by Subchapter G of the Texas Agriculture Code.</content><note type="source"><p>Source Note: The provisions of this §28.52 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scE/s28.53"><num value="28.53">§28.53</num><heading>Eligibility</heading><content>A person is eligible to receive a Young Farmer Grant if:(1) on the date the grant application is due the applicant is 18 years of age or older but younger than 46 years of age;(2) the applicant is or will be involved in creating or expanding an agricultural business in this state;(3) the applicant agrees to provide matching fund documentation; and(4) the applicant agrees to use funds for the purpose of either creating or expanding an agricultural business in this state.</content><note type="source"><p>Source Note: The provisions of this §28.53 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scE/s28.54"><num value="28.54">§28.54</num><heading>Use of Grant Award</heading><content>Funds received under this subchapter may only be used for activities related to creating or expanding an agricultural business in Texas.</content><note type="source"><p>Source Note: The provisions of this §28.54 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scE/s28.55"><num value="28.55">§28.55</num><heading>Administration of Program</heading><content>(a) The Board shall determine the availability of funds for the Program on a fiscal year basis.(b) The Board shall adopt selection criteria for the Program. The Board shall approve a form for use as the Program's grant application which shall state the selection criteria, due date, and award date.(c) The Board shall set two periods during each fiscal year in which the Authority will receive and approve grant applications. Notice of these grant periods will be posted on the department's website.</content><note type="source"><p>Source Note: The provisions of this §28.55 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scF"><num value="F">SUBCHAPTER F</num><heading>RULES FOR DEPOSITION AND REFUND OF ASSESSMENT FEES</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scF/s28.60"><num value="28.60">§28.60</num><heading>Purpose and Application of Rules</heading><content>The purpose of this subchapter is to provide for the administration of the collection of assessments by county tax assessor-collectors as provided for in §502.404 of the Texas Transportation Code; and to provide for the remittance of such assessments to the comptroller for deposit in the Texas agricultural fund.</content><note type="source"><p>Source Note: The provisions of this §28.60 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scF/s28.61"><num value="28.61">§28.61</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Assessment--A voluntary fee paid on each commercial motor vehicle registered under the Transportation Code, §502.404.(2) Request for refund--The written request filed by a payor of an assessment, which identifies the tag number and the sticker number for each registered vehicle and the total amount of the requested refund.</content><note type="source"><p>Source Note: The provisions of this §28.61 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scF/s28.62"><num value="28.62">§28.62</num><heading>Collection of Funds by County Tax Assessor-Collector and Remittance to Comptroller</heading><content>(a) Each county tax assessor-collector shall collect the voluntary assessment required by the Transportation Code, §502.404.(b) Each county tax assessor-collector shall provide notice of the refund procedures defined in §28.63 of this chapter (relating to Refunding of Assessment) to persons paying an assessment at the time of payment.(c) The assessments collected shall be remitted by each county tax assessor-collector to the comptroller, by way of the Authority, on a monthly basis due on or before the 15th of the following month.(d) The assessments collected shall be remitted by check made payable to the "Texas Agricultural Finance Authority". The remittance shall be mailed to the Authority at the post office box designated on the Remittance Advice form, and shall be deemed paid when deposited by the comptroller in the Texas agricultural fund.(e) The assessments shall be sent with two completed forms provided by the Authority: the Remittance Advice form; and the Detailed Report of Collections form.</content><note type="source"><p>Source Note: The provisions of this §28.62 adopted to be effective September 1, 2009, 34 TexReg 5902; amended to be effective July 12, 2021, 46 TexReg 4134.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scF/s28.63"><num value="28.63">§28.63</num><heading>Refunding of Assessment</heading><content>(a) At the time of payment, the county tax assessor-collector shall notify each payor of the assessment that a refund is available, and shall provide the payor with a request for refund form. Each payor may request a refund by filing a request for refund with the Authority. The request must include all information required on such form, including proof of payment, and must be sent to the address indicated on the form within 30 days of payment of the assessment.(b) The staff shall process the refund request. If all prerequisites have been met for payment of the refund, staff shall then forward to the comptroller a voucher requesting payment of the refund. Upon receipt of the voucher, the comptroller shall refund the assessment for which a request for refund is made.</content><note type="source"><p>Source Note: The provisions of this §28.63 adopted to be effective September 1, 2009, 34 TexReg 5902.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c28/scG"><num value="G">SUBCHAPTER G</num><heading>RURAL ECONOMIC DEVELOPMENT FINANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.70"><num value="28.70">§28.70</num><heading>Authority</heading><content>The Texas Agricultural Finance Authority (the Authority) is authorized by §58.021 of the Texas Agriculture Code and by Article III, §49-f(g) of the Texas Constitution to design and implement programs to provide financial assistance to eligible agricultural businesses and other rural economic development projects and to issue general obligation bonds in the maximum principal amount of $200 million outstanding at any one time for such programs. The proceeds of such bonds are required to be deposited in the Texas Agricultural Fund and may be used for the purposes provided by Article III, §49-i of the Texas Constitution and for other rural economic development programs. Proceeds of the bonds are to be administered in the same manner that proceeds of bonds issued under Article III, §49-i of the Texas Constitution are administered. Section 58.041 of the Texas Agriculture Code grants Texas Public Finance Authority the exclusive authority to act on behalf of the Authority in issuing debt instruments authorized to be issued by the Authority.</content><note type="source"><p>Source Note: The provisions of this §28.70 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.71"><num value="28.71">§28.71</num><heading>Purpose</heading><content>The purpose of the Rural Economic Development Finance Program (Program) is to provide financial assistance to eligible entities including agricultural businesses and other rural economic development projects. It is the policy of the Board of Directors of the Authority to provide programs for providing financial assistance to eligible entities that the board considers to present a reasonable risk and have a sufficient likelihood of repayment. This subchapter establishes standards of eligibility and the application procedures for the Program.</content><note type="source"><p>Source Note: The provisions of this §28.71 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.72"><num value="28.72">§28.72</num><heading>Definitions</heading><content>In addition to the definitions set forth in Texas Agriculture Code, §58.002 and §28.2 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Applicant--Any entity recognized by state law to conduct business in the state of Texas including for-profit and non-profit entities, political subdivision, or economic development corporation submitting an application with the Authority for a financial assistance under this subchapter.(2) Commitment--Any form of financial assistance provided to an applicant as approved by the board, including, but not limited to, a guaranty, a direct loan, a participation commitment, an anticipation note, or a conduit issuance for a political subdivision or any other eligible entity as defined by this subchapter.(3) Economic Development Corporation (EDC)--An entity created pursuant to the Development Corporation Act of 1979, which gives cities the ability to raise funds and finance economic and community development efforts through the creation of economic development corporations (EDCs). Chapters 501, 504 and 505 of the Local Government Code define the scope of EDCs. A Type A EDC is governed by Chapter 504; and a Type B EDC is governed by Chapter 505.(4) Eligible application--A completed application, including all application fees, documents, and information required by the Authority and submitted by the lender or applicant for a project, that is consistent with the purpose of agricultural and rural economic development and meets the terms and benchmarks defined by the Authority's Credit Policy and Procedures. The Department, the Authority, or the Authority's representative will review the application and issue an approval or denial.(5) For-profit entity--An organization that is registered in the state of Texas and has a principal place of business in Texas, which operates with the intention of making a profit or whose efforts are made to obtain a profit.(6) Interest rate--The interest rate approved by the Authority for an approved commitment.(7) Lender--A lending institution, including a bank, trust company, banking association, savings bank, mortgage company, investment banker, credit union, Community Development Financial Institution, or any affiliate of those entities, and any other financial institution that customarily provides financing for agricultural businesses or rural economic development loans, or any affiliate of such institution.(8) Non-profit entity--A local, community or regional organization that was formed and conducts its affairs to benefit the public or to assist other individuals, groups or causes, and can demonstrate its non-profit status by providing one of the following:(A) A copy of the Internal Revenue Service ruling, indicating tax-exempt status;(B) A copy of the Texas secretary of state charter indicating non-profit status; or(C) Documentation of its status as an educational institution recognized by the State of Texas.(9) Political subdivision--A county, municipality, special district, school district, junior college district, housing authority, or other political subdivision of this state as defined by Chapter 172 of the Local Government Code.(10) Program--Rural Economic Development Finance Program.(11) Project--An enterprise or project, which would further agricultural business or the economic development of a rural area.(12) Recipient--an entity approved by the Authority or its designee to receive a commitment outlined in this subchapter.(13) Rural area--A rural area means an area which is predominately rural in character; an unincorporated area or a city with a population under 50,000; or a county with a population under 200,000.(14) Special purpose district--A political subdivision of Texas with geographic boundaries that define the subdivision's territorial jurisdiction, as described in Chapter 403, Texas Government Code.</content><note type="source"><p>Source Note: The provisions of this §28.72 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.73"><num value="28.73">§28.73</num><heading>Texas Rural Community Loan</heading><content>(a) Purpose. The purpose of the Texas Rural Community Loan is to provide financial assistance to political subdivisions and economic development corporations and allow the loans to be secured with sales tax, utility fees, ad valorem taxes, or other revenues or collateral to fund eligible projects.(b) Eligible Entities. Rural municipalities, counties, special purpose districts, economic development corporations, and political subdivisions supporting agricultural businesses or furthering rural economic development may apply for loan funds under this section.(c) Use of Funds. Loans may be used for eligible real estate purchases, building construction, site improvements, equipment, water and wastewater systems, municipal infrastructure projects, and any other eligible use that can be identified to further in the economic development of the rural area and/or support agricultural businesses.(d) Loan Terms. The loan terms will be determined by the board and as defined by this subchapter.(e) Collateral. The collateral and security requirements will be determined by the board and as defined by this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.73 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.74"><num value="28.74">§28.74</num><heading>Agriculture and Community Economic Development Loan</heading><content>(a) Purpose. The purpose of the Agriculture and Community Economic Development Loan is to provide financial assistance to Texas-based private entities via an approved participating lender.(b) Eligible Entities. A private for-profit or non-profit entity authorized to do business in the state of Texas, significantly impacting the agricultural industry and/or furthering rural economic development in Texas may apply for loan funds under this section.(c) Use of Funds. Loans may be used for real estate purchases, building construction, site improvements, equipment, and any other uses that can be identified to positively impact the agricultural industry and/or improve or assist in the economic development of the rural area.(d) Loan Terms. The loan terms will be determined by the lender, the board and as defined by this subchapter.(e) Collateral. The collateral and security requirements will be determined by the board and the participating lender.</content><note type="source"><p>Source Note: The provisions of this §28.74 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.75"><num value="28.75">§28.75</num><heading>Applicant and Minimum Project Eligibility Requirements</heading><content>(a) Applicant. An applicant is eligible for a loan from the Authority if it meets the following criteria:(1) The applicant is a legal entity under the laws of the United States of America and the State of Texas;(2) The applicant has a principal place of business in the state;(3) The applicant is an eligible entity pursuant to §§28.73 or 28.74 of this subchapter (relating to Texas Rural Community Loan and Agriculture and Community Economic Development Loan);(4) The applicant submits an eligible application to the Authority;(5) If applicable, the lender submits required documentation to the Authority;(6) The applicant is not considered an ineligible person as defined by §28.87 of this subchapter (relating to Ineligible Persons);(7) The applicant has complied with state law and Authority rules; and(8) The applicant meets the criteria and guidelines in the Authority's credit policy.(b) Project. The project is an eligible project if it provides significant benefits to agricultural development and/or rural economic development and is not considered an ineligible commitment as defined by §28.86 of this subchapter (relating to Prohibited Commitments).(c) Project costs. Any proceeds provided by the Authority may be used only to finance expenditures incurred in connection with the development of the project as identified in the budget filed with the application and approved by the board.(d) Ineligible project costs. Any expenditure that is not identified in the approved budget filed with the application, or is otherwise prevented by regulation or statute, is not eligible for financing hereunder, unless the applicant provides evidence accepted by the board that such expenditure is necessary for completion of the project, complies with regulation and statute, and will not increase the commitment approved.</content><note type="source"><p>Source Note: The provisions of this §28.75 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.76"><num value="28.76">§28.76</num><heading>Application Filing Requirements and Application Review Processes</heading><content>(a) Application forms. An applicant or participating lender seeking a commitment from the Authority must use the application forms provided by the Authority and the Department.(b) Submission of a qualified application. Applicants are required to submit the application material to Department staff for presentation to the board.(c) Staff Review. Staff will review all applications per evaluation criteria included in §28.77 of this subchapter (relating to Evaluation Criteria).(d) Board review. Staff will submit a report and recommendation on each qualified application to the board as defined by the Credit Policy and Procedures. The board may, in its discretion, recommend the imposition of additional conditions and requirements in the approval of an eligible application.(e) Notification of approval. Upon conditional approval of the qualified application by the board, staff will notify the applicant or lender in writing identifying the terms and conditions of the commitment provided.(f) Denial of eligible application. If the eligible application is denied by the board, staff will notify the applicant in writing identifying the reasons for denial. Applicants who have been denied may re-apply to the program.(g) Reporting to the board. Staff shall report to the board at each board meeting the status of all outstanding loans.</content><note type="source"><p>Source Note: The provisions of this §28.76 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.77"><num value="28.77">§28.77</num><heading>Evaluation Criteria</heading><content>In evaluating applications for financial assistance under this subchapter, the board and staff shall consider at minimum:(1) The anticipated benefits arising from the financial assistance to the applicant, including both the potential impact on agricultural development and rural economic development;(2) The qualifications and eligibility of the applicant;(3) The applicant's ability to repay the financial obligation;(4) The demonstrated level of need for the Authority's financial assistance;(5) The funding needed for continued development;(6) The collateral offered by the applicant; and(7) The present involvement and support of local organizations.</content><note type="source"><p>Source Note: The provisions of this §28.77 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.78"><num value="28.78">§28.78</num><heading>Contents of Eligible Application</heading><content>Required information. The eligible application must set forth the information necessary for the determination to provide a commitment by the Authority or the Authority's designee and will include all that is outlined and required in the application and at minimum:(1) Applicant's name, address, email and telephone number;(2) Applicant's representative;(3) Lender's name, address, email and telephone number, if applicable;(4) Applicant's ownership structure and names of key management, principals, board members, principal investors and percentage of ownership, if applicable;(5) Detailed statement of project benefit and/or economic impact;(6) Articles of incorporation and bylaws, or other founding documents, certificate of good standing with the secretary of state, or other instruments that establish or describe the legal operation or structure of the applicant and/or the benefitting business, if applicable; and(7) Copies of Internal Revenue Service applications and approvals for non-profit status, if applicable.</content><note type="source"><p>Source Note: The provisions of this §28.78 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.79"><num value="28.79">§28.79</num><heading>General Criteria for Approval of Financial Assistance</heading><content>(a) Capital contribution. The Authority shall also consider the applicant's equity contribution in the project and whether the applicant has secured additional financial assistance.(b) Reasonable risk. There must be reasonable assurance, in the judgment of the Authority, that the commitment provided can and will be repaid according to its terms. In making this judgment the Authority may consider the following:(1) Evidence of the manner, means, and security of payment by the applicant;(2) Projected cash flow of the applicant;(3) Firm commitments from other independent and responsible financial sources for all other funds in excess of the Authority's commitment;(4) Collateral and other sources of guarantees or insurance securing the Authority's commitment;(5) Credit history and financial condition of the applicant;(6) Historical financial information of applicant;(7) The applicant's management; and(8) Eligibility of lender, if applicable. The lender originating an application for the program must have a continuing ability to evaluate, perform and service the loan; and make the necessary reports as identified in the rules of the program. The lender must agree to exercise due diligence in the servicing, maintenance, review and evaluation of performance without regard to the existence of participation by the Authority or any other limitation of risk. The Authority reserves the right to refuse to enter into an agreement with lenders which, in the judgment of the Authority, do not have the ability to appropriately make and service the loan.(c) Credit Policy. The Credit Policy and Procedures established by the Authority represents the minimum requirements for a commitment made by the Authority.</content><note type="source"><p>Source Note: The provisions of this §28.79 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.80"><num value="28.80">§28.80</num><heading>General Terms and Conditions of the Authority's Commitment</heading><content>(a) Permissible use of the commitment. The commitment is to be used to finance the project or purpose identified in the approved application.(b) Interest. The interest rate shall be the rate approved by the Authority and/or lender, if applicable.(c) Fees. The Authority may approve fees, as it deems appropriate, on a case-by-case basis. An application fee may be required at the time of application.(d) Security. Loans must be secured by collateral of a type, amount, and value which, when considered with other criteria, ensures the full repayment of the financial assistance and the solvency of the Program.(e) Maturity. The maturity of the commitment may not exceed thirty years, or the useful life of the collateral, whichever is less. The maturity shall be negotiated between the Authority, applicant, and participating lender, if applicable. For commitments secured by revenues, including sales tax, the amortization period is determined by the Debt Service Coverage Ratio and with consideration given to prior volatility in tax/revenue collections. Financing terms are set forth in the Credit Policy and Procedures.(f) Reporting requirements to the Authority for a commitment provided by the Authority may include:(1) Annual financial audit, and annual employment information, when applicable;(2) Quarterly reports summarizing project status and any anticipated challenges in a format provided by the Authority; and(3) If necessary, the Authority may request other reports or documentation reasonably necessary for an assessment of the recipient's compliance with the program.(g) Additional reporting requirements for participation loans provided by the lender to the Authority at minimum include:(1) Notification if the loan is placed on a watch list;(2) Quarterly reports indicating loan balance, repayment status and any significant change to the recipient's credit and/or financial position in the format requested by the Authority;(3) Notification in the event of any breaches or defaults in the terms, conditions, or covenants of the note, loan agreement or other loan documents; and(4) If necessary, the Authority may request other reports or documentation reasonably necessary for an assessment of the recipient's compliance with the program, or ability to comply with the program in the future.(h) Lender Agreement. The Lender Agreement supplied by the Authority shall be evidence of the terms agreed upon by the Authority, recipient, and lender, if applicable, including loan administration, loan repayment, and any applicable terms, fees, and interest rate requirements.</content><note type="source"><p>Source Note: The provisions of this §28.80 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.83"><num value="28.83">§28.83</num><heading>Collateral Administration</heading><content>(a) Except as otherwise provided by state law, by these rules or by resolution of the board, the staff, with approval of the commissioner of agriculture, the deputy commissioner of agriculture, or the official of the department designated by the commissioner of agriculture, shall have the authority to act on behalf of the Authority, without specific board approval, in regard to the collection, settlement and enforcement of each and every commitment under the program. Such authority shall include, without limitation, the actions required to be taken by the Authority under any loan agreement, any participation agreement and any other agreement entered into by the Authority concerning commitments provided by the Authority.(b) The Authority shall make efforts to perfect and preserve any security interest in collateral or other security pledge, and exercise any and all remedies available in the event of a default including possession, repossession and liquidation as appropriate to recover losses and other costs, including any attorneys' fees and court costs.(c) Nothing in this section shall prevent the staff or the commissioner of agriculture, the deputy commissioner of agriculture, or the official of the department designated by the commissioner of agriculture from submitting any matter to the board for its consideration and approval.</content><note type="source"><p>Source Note: The provisions of this §28.83 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.84"><num value="28.84">§28.84</num><heading>Default by Recipient</heading><content>A recipient may be declared in default if one or more of the following conditions exists as determined by the Authority and/or lender, whichever is applicable, and any other reasons that may be identified in the closing documents of the loan:(1) The recipient does not pay a scheduled principal or interest payment;(2) The recipient fails to comply with any condition, covenant, obligation, provision, requirement, or term of the note, loan agreement, or instrument securing the loan;(3) The recipient fails personally to complete the project as described in the application;(4) The recipient fails to provide the lender with financial statements and any other documents as required by these rules; or(5) The recipient fails to meet the project goals defined in the application.</content><note type="source"><p>Source Note: The provisions of this §28.84 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.85"><num value="28.85">§28.85</num><heading>Default Procedures</heading><content>The Authority will define default procedures in the Credit Policy and Procedures.</content><note type="source"><p>Source Note: The provisions of this §28.85 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.86"><num value="28.86">§28.86</num><heading>Prohibited Commitments</heading><content>Prohibited commitments under the Rural Economic Development Finance Program include the following:(1) Commitments for lobbying activities, as such activities are defined under state or federal law;(2) Commitments involving the acquisition or holding of passive investments, such as commercial real estate ownership;(3) Commitments for the repayment of delinquent federal or state income taxes;(4) Commitments for the repayment of payroll or sales taxes, or other taxes required to be held in trust or escrow;(5) Commitments that are, or are made in a manner that is, prohibited by federal or state laws that pertain to the investment of public money; and(6) Commitments to an entity that a member of the Authority may have an interest in or a commitment to an entity that could present a conflict of interest. A conflict of interest occurs when a person serves or represents two distinct entities and must choose between two conflicting interests or loyalties. Generally, when an individual's official duties clash with the individual's personal interests, a conflict of interest may occur. Examples include nepotism, personal or professional relationships, direct or indirect financial interests, or business or professional activity, including incurring an obligation or receiving a benefit of any nature, that is in substantial conflict with the proper discharge of the officer or employee's duties in the public interest.</content><note type="source"><p>Source Note: The provisions of this §28.86 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c28/scG/s28.87"><num value="28.87">§28.87</num><heading>Ineligible Persons</heading><content>The following persons or entities are ineligible to receive financial assistance under the Rural Economic Development Finance Program:(1) A principal, executive officer, director, shareholder, member, or partner of a recipient, or any subsidiary, parent, affiliate or related entity or person of a recipient;(2) A member of the immediate family of a principal, executive officer, director, shareholder, member, or partner of a recipient;(3) A related interest of a principal, executive officer, director, shareholder, member, or partner of recipient;(4) A person if the investment would result in violation of Chapter 176 of the Texas Local Government Code;(5) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of a felony;(6) A person (or any principal, executive officer, director, shareholder, or member) that has demonstrated a pattern or practice of defalcation of accounts or funds;(7) A person (or any principal executive officer, director, shareholder, or member) who has mis-certified its status as a minority and/or woman owned business enterprise;(8) A person (or any principal executive officer, director, shareholder, or member) who has been debarred from participating in other federal or state programs;(9) A person (or any principal executive officer, director, shareholder, or member) that has been convicted of, or subjected to a civil judgment for fraud;(10) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of, or subjected to a civil judgment for, federal or state antitrust law violations;(11) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of a criminal offense relating to embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice, or conspiracy to do the same;(12) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of a criminal offense indicating a breach of trust, dishonesty or lack of integrity, or conspiracy to do the same;(13) A business engaged in speculative activities that develop profits from fluctuations in price rather than through normal course of trade, such as stock investments, commodities futures, and currency trading;(14) A business that earns more than half of its annual net revenue from lending activities unless the business is a Community Development Financial Institution;(15) A business engaged in pyramid sales, where a participant's primary incentive is based on the sales made by an ever-increasing number of participants, or a multi-level marketing organization or business;(16) A business engaged in activities that are prohibited by federal or Texas law; and(17) A business engaged in gambling enterprises, with the sole exception of a retail grocery or convenience store business that earns less than 33% of its annual net revenue from lottery sales.</content><note type="source"><p>Source Note: The provisions of this §28.87 adopted to be effective May 18, 2022, 47 TexReg 2856.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c29"><num value="29">CHAPTER 29</num><heading>ECONOMIC DEVELOPMENT</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c29/scB"><num value="B">SUBCHAPTER B</num><heading>RURAL ECONOMIC DEVELOPMENT CAPITAL FOR TEXAS PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.20"><num value="29.20">§29.20</num><heading>Purpose</heading><content>(a) The Capital for Texas Program was established effective January 20, 2016, using part of the funds allocated to the Department through the U.S. Department of the Treasury's (Treasury) State Small Business Credit Initiative (SSBCI) program, to provide funding to Community Development Financial Institutions (CDFIs) in support of small business lending in rural communities of this State.(b) The Department's Allocation Agreement with the Treasury expired on March 31, 2017, while the authority and duty of the Treasury to administer the SSBCI program terminated on September 27, 2017. However, the SSBCI Act, Policy Guidelines, Compliance Standards and Allocation Agreement continue to apply to the first use of funds from the allocation made to the Department.(c) The SSBCI Act, Policy Guidelines, Compliance Standards and Allocation Agreement do not apply to the recycling of SSBCI funds by the Department, or by a participating venture capital firm on behalf of the Department, after March 31, 2017.(d) The purpose of these rules is to establish regulations for the Rural Economic Development Capital for Texas (RED C4T) Program to continue the Department's small business lending and investment programs using recycled SSBCI funds generated from SSBCI loan repayments and returns on SSBCI investments received or realized by the Department as a result of loans and investments made under the Capital for Texas and Jobs for Texas (J4T) Programs, as well as other state funding from the Texas Economic Development Fund.</content><note type="source"><p>Source Note: The provisions of this §29.20 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.21"><num value="29.21">§29.21</num><heading>Authority</heading><content>The Department's authority to establish, implement, and administer the RED C4T Program derives from Section 12.0272 of the Texas Agriculture Code, which establishes the Texas Economic Development Fund which is appropriated to the Department for the purpose of administering, establishing, implementing, or maintaining one or more of the Department's economic development programs. Per Section 12.0273 of the Texas Agriculture Code, the Department may use money in the Texas Economic Development Fund only to make loans and grants.</content><note type="source"><p>Source Note: The provisions of this §29.21 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.22"><num value="29.22">§29.22</num><heading>Definitions</heading><content>The following definitions shall apply to this subchapter:(1) Act - The State Small Business Credit Initiative Act of 2010, Public Law 111-240, as amended.(2) Agreement - A Performance Agreement entered into between the Department and an eligible recipient selected to participate in the C4T Programs, including all amendments to the Agreement.(3) Agricultural Business - A business that is or proposes to be engaged in producing, processing, marketing, or exporting of an agricultural product, or that is or proposes to be engaged in an agricultural-related business in rural areas of Texas, including a business that provides recreational activities associated with the enjoyment of nature or the outdoors on agricultural land.(4) Allocation Agreement - The Department's August 15, 2011 Allocation Agreement with the Treasury, as amended effective April 18, 2012 and January 20, 2016.(5) Capital for Texas Program - The program established through the Allocation Agreement to provide funding to Community Development Financial Institutions (CDFIs) in support of small business lending in rural communities of this State.(6) Department - The Texas Department of Agriculture.(7) Family Relationship - Defined by Title 5, Chapter 573, Subchapter A, §573.002 of the Texas Government Code as a relationship within the third degree of consanguinity or second degree of affinity.(8) Fund Manager - A venture capital firm selected by the Department to administer all or a portion of the J4T Program.(9) Investment - An allocation of funds, either in the form of a grant or a loan, by the Department to an eligible Recipient of the RED C4T Program. The Recipient administers and manages the funds on behalf of the Department ensuring all funds administered meet the objectives and requirements of the RED C4T Program as defined in this subchapter and the Agreement between the Department and Recipient.(10) Jobs for Texas Program - The venture capital program established by the Department pursuant to the Allocation Agreement, also referred to as the "J4T Program".(11) Other Funds - Gifts, loans, donations, aid, appropriations, guaranties, allocations, subsidies, grants, or contributions received by the Department under Section 12.027(g) of the Texas Agriculture Code, and which have been deposited in the Texas Economic Development Fund; interest and income earned on the investment of money in the Texas Economic Development Fund not resulting from an SSBCI investment or loan; and other money required by law to be deposited in the Texas Economic Development Fund.(12) Recipient - An organization selected by the Department to administer all or a portion of the RED C4T Program.(13) Recycled Funds - Money in the Texas Economic Development Fund resulting from an exit from an investment or repayment of a loan, including all money, deposits, distributions, dividends, earnings, gain, income, interest, proceeds, profits, program income, rents, returns of capital, returns on investments, revenue, royalties, or yields received or realized by the Department as a result of an investment or loan made under the J4T, Capital for Texas or RED C4T Programs.(14) Recycling - The use of Recycled Funds in the Texas Economic Development Fund by the Department, or by a Recipient selected by the Department.(15) Rural area - An area which is predominately rural in character and which is not adjacent to a Metropolitan Statistical Area (MSA); an unincorporated area or a city with a population under 50,000; or a county with a nonmetropolitan population of less than 200,000.(16) Rural Economic Development Capital for Texas Program - The Department's rural economic development program established by this subchapter, also referred to as "RED C4T Program".(17) Small Business - A business with 99 or fewer employees.(18) Solicitation Document - A document used to request potential vendors to offer a quote, bid, or proposal to acquire goods, supplies, grants, and services. Solicitation document may also be referred to as a notice of funding availability, request for application, request for proposal, request for quotation, or invitation to bid.(19) SSBCI Funds - Money received by the Department pursuant to the Allocation Agreement.(20) State - The State of Texas.</content><note type="source"><p>Source Note: The provisions of this §29.22 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.23"><num value="29.23">§29.23</num><heading>Jobs for Texas Program for Initial Investments Using SSBCI Funds</heading><content>(a) The J4T Program is continued by the Department for all initial investments of SSBCI Funds.(b) The Act, Compliance Standards and Policy Guidelines apply to all initial investments of SSBCI Funds.(c) All terms and conditions of Agreements entered into between the Department and Fund Managers in the administration of the J4T Program continue to apply to the Department and Fund Managers until those Agreements expire or are terminated according to their terms.(d) The purpose of these rules is to ensure the continued administration and orderly conclusion of the J4T Program, and to establish regulations for the recycling of SSBCI funds generated from returns on investments made under this program.</content><note type="source"><p>Source Note: The provisions of this §29.23 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.24"><num value="29.24">§29.24</num><heading>Capital for Texas Program for Initial Loans Using SSBCI Funds</heading><content>(a) The Capital for Texas Program is continued by the Department for all initial loans made with SSBCI Funds.(b) The Act, Compliance Standards and Policy Guidelines for all initial loans made with SSBCI Funds.(c) All terms and conditions of Agreements entered into between the Department and CDFIs in the administration of the Capital for Texas Program continue to apply to the Department and CDFIs until those Agreements expire or are terminated according to their terms.(d) The purpose of these rules is to ensure the continued administration and orderly conclusion of the Capital for Texas Program, and to establish regulations for the recycling of SSBCI funds generated from loan repayments under this program.</content><note type="source"><p>Source Note: The provisions of this §29.24 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.25"><num value="29.25">§29.25</num><heading>Rural Economic Development Capital for Texas (RED C4T) Program</heading><content>(a) The RED C4T Program shall promote rural economic development and agricultural development in this State.(b) The Department may utilize Other Funds or Recycled Funds to make allocations to Recipients selected by the Department to administer the RED C4T Program.(c) The Department may authorize grants or loans under the RED C4T Program to eligible entities that will in turn administer the funds on behalf of the Department.(d) RED C4T funds must be administered according to the original application filed and approved by the Department and must meet the requirements and the objectives of the RED C4T Program.(e) The initial investment, whether a grant or loan, must be made to an entity directly supporting rural economic development, or a rural small business or small agricultural business of this State.(f) An eligible Recipient of a RED C4T investment may be political subdivisions, economic development organizations, non-profits, utility companies, public-private partnerships or for-profit entities that are directly supporting a small rural business or small agricultural business of this State.(g) Specific legal terms and obligations applicable to the Department and any Recipient shall be defined in an Agreement.</content><note type="source"><p>Source Note: The provisions of this §29.25 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.26"><num value="29.26">§29.26</num><heading>RED C4T Recipient Eligibility Requirements</heading><content>(a) An applicant is eligible for an investment from the Department if, at minimum, it:(1) Demonstrates its ability to administer and mobilize RED C4T funds to meet program objectives;(2) Demonstrates it has sufficient funds to adequately leverage a RED C4T investment according to the Agreement and the program's Policy and Procedures;(3) Is a legal entity formed, existing and in good standing under the laws of the United States of America and the State;(4) Meets eligibility requirements defined in this subchapter and the solicitation document issued by the Department; and(5) Is legally authorized to do business in this State and has a principal place of business in the State.(b) Eligible expenditures. The proceeds of the RED C4T investment provided by the Department may be used only to finance loans and/or grants that meet the requirements set forth in this subchapter, the program's Policy and Procedures, and the Agreement signed by the Department and Recipient. All RED C4T loans and grants shall be approved by the Department in the Agreement.(c) Ineligible expenditures. Any expenditure that is not identified in the approved budget filed with the application, or is otherwise prevented by regulation or statute, is not eligible for financing. RED C4T funds may not finance any loan and/or grant that is listed as a prohibited investment in §29.31 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §29.26 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.27"><num value="29.27">§29.27</num><heading>Filing Requirements and Consideration for RED C4T Investment Applications</heading><content>(a) Application forms. An applicant seeking a commitment from the Department shall use the application forms provided by the Department.(b) Submission of an application. Applicants are required to submit the complete application and all required material to the Department in accordance with the request for applications or other solicitation. Staff will be available prior to submission of the qualified application to discuss project eligibility.(c) Staff Review. Staff will review the application for completeness and will notify the applicant of any additional information required. When all required information has been received within the time set by the Department, staff will evaluate the technical and feasibility of the project and examine the benefits of the project for economic growth in the state.(d) Notification of approval. Upon approval of the qualified application by the Department, staff will notify the applicant and execute an Agreement between the applicant and the Department.(e) Denial of an application. If an application is denied by the Department, the Department will notify the applicant in writing identifying the reasons for denial. Applicants who have been denied may re-apply for participation in the program.(f) Providing false information. An applicant who knowingly provides false information in an application is liable to the Department for any expense incurred by the Department that results from the provision of false information to the Department. Any financial assistance, commitment or loan by the Department made as a result of a misrepresentation or providing false information in an application will be subject to termination with a requirement for full repayment of any and all proceeds disbursed to the applicant or Recipient by the Department. In addition, the Department may pursue any other remedies provided by law.</content><note type="source"><p>Source Note: The provisions of this §29.27 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.28"><num value="29.28">§29.28</num><heading>Criteria for a RED C4T Investment</heading><content>In evaluating and selecting applications for an investment under this program, the Department shall consider:(1) The anticipated benefits arising from the investment to the applicant, including both the potential impact on agricultural development and rural economic development;(2) The qualifications of the applicant;(3) The ability of the applicant to leverage its own funds with RED C4T funds to ensure RED C4T funds are mobilized;(4) The applicant's ability to administer RED C4T funds;(5) The extent and level of other funding sources for the applicant;(6) The applicant's ability to meet the program's objectives including current and previous success in supporting agricultural development and/or rural economic development; and(7) The applicant's present involvement with related local organizations.</content><note type="source"><p>Source Note: The provisions of this §29.28 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.29"><num value="29.29">§29.29</num><heading>General Terms and Conditions of a RED C4T Investment</heading><content>(a) Permissible use of investment. The Department's investment is to be used to finance individual loans and/or grants that meet the RED C4T Program's objectives and terms defined by the Agreement.(b) Minimum amount of investment. The Department shall not provide an investment to an applicant where the amount of the investment is less than $100,000.(c) Maximum amount of investment. The cumulative amount of investment(s) to an applicant may not exceed $1,000,000.(d) Investment Return. The investment return shall be the rate approved by the Department and/or lender, if applicable.(e) Investment term. The term of the initial investment shall be defined in the Agreement between the Recipient and the Department. Any extension to the initial term must be approved in writing by the Department.(f) Reporting requirements for an investment provided by the Department, at minimum, include:(1) Annual reporting. The Recipient shall provide to the Department a copy of its annual audit report.(2) Quarterly reports. The Recipient shall provide to the Department quarterly reports, in a format approved by the Department, summarizing its activities or accomplishments for the previous three-month period. Quarterly reports are due thirty days after the end of each quarter or as specified in the Agreement.(3) If necessary, the Department may request other reports or documentation reasonably necessary for an assessment of the applicant's compliance with the program.(g) Repayment of the initial investment. The Recipient shall repay the initial investment plus the investment return as defined in the Agreement.</content><note type="source"><p>Source Note: The provisions of this §29.29 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.30"><num value="29.30">§29.30</num><heading>Criteria for Administering RED C4T Funds</heading><content>In administering the funds provided by the initial RED C4T investment, the Recipient:(1) Shall administer the funds in accordance with the Agreement approved by the Department and the Recipient, applicable statutes, and program rules;(2) Must mobilize the RED C4T funds in a timely manner to ensure the initial investment is meeting the objectives of the RED C4T Program;(3) Shall submit all loan and grant applications for approval by the Department;(4) Shall certify that all loans and grants funded with the RED C4T investment meet the eligibility requirements of this subchapter; and(5) May make loans to new borrowers using funds generated from loan repayments received by the Recipient as a result of loans made by the Recipient under the Agreement; however, no new loans may be made after the Investment Period in the Agreement has expired or terminated.</content><note type="source"><p>Source Note: The provisions of this §29.30 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.31"><num value="29.31">§29.31</num><heading>Prohibited Investments</heading><content>Prohibited investments under the RED C4T Program include the following:(1) Grants or loans for activities that relate to lobbying activities, as such activities are defined under state or federal law;(2) Grants or loans to childcare facilities, including day cares and after-school programs;(3) Grants or loans for the refinancing of existing debt;(4) Grants or loans involving the acquisition or holding of passive investments, such as commercial real estate ownership;(5) Grants or loans for the repayment of delinquent federal or state income taxes;(6) Grants or loans for the repayment of payroll or sales taxes, or other taxes required to be held in trust or escrow;(7) Grants or loans that are, or are made in a manner that is, prohibited by federal or state laws that pertain to the investment of public money; and(8) Such other grants or loans that the Department may deem to be Prohibited Investments, as communicated by the Department to the Recipient from time to time.</content><note type="source"><p>Source Note: The provisions of this §29.31 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scB/s29.32"><num value="29.32">§29.32</num><heading>Ineligible Persons</heading><content>The following persons or entities are ineligible to receive funding under the RED C4T Program:(1) An employee of the Texas Department of Agriculture;(2) A family relationship of an employee of the Texas Department of Agriculture;(3) A principal, executive officer, director, shareholder, member, or partner of Recipient, or any subsidiary, parent, affiliate or related entity or person of Recipient;(4) A member of the immediate family of a principal, executive officer, director, shareholder, member, or partner of Recipient;(5) A related interest of a principal, executive officer, director, shareholder, member, or partner of Recipient;(6) A business engaged in speculative activities that develop profits from fluctuations in price rather than through normal course of trade, such as stock investments, commodities futures and currency trading;(7) A business that earns more than half of its annual net revenue from lending activities, unless the business is a Community Development Financial Institution (CDFI), Community Development Corporation or a Certified Development Company;(8) A business engaged in pyramid sales, where a participant's primary incentive is based on the sales made by an ever-increasing number of participants, or a multi-level marketing organization or business;(9) A business engaged in activities that are prohibited by federal or Texas law;(10) A business engaged in gambling enterprises, with the sole exception of a retail grocery or convenience store business that earns less than 33% of its annual net revenue from lottery sales;(11) A person if the investment would result in violation of Chapter 176 of the Texas Local Government Code;(12) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of a felony;(13) A person (or any principal, executive officer, director, shareholder, or member) who has demonstrated a pattern or practice of defalcation of accounts or funds;(14) A person (or any principal executive officer, director, shareholder, or member) who has mis-certified his/her status as a minority and/or woman owned business enterprise;(15) A person (or any principal executive officer, director, shareholder, or member) who has been debarred from participating in other federal or state programs;(16) A person (or any principal executive officer, director, shareholder, or member) indebted to the United States of America, any agency or department of the United States of America, the state of Texas, any agency, department, instrumentality or political subdivision of the state of Texas or any other state;(17) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of, or subjected to a civil judgment for, fraud;(18) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of, or subjected to a civil judgment for, federal or state antitrust law violations;(19) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of a criminal offense relating to embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstructing of justice, or conspiracy to do the same;(20) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of a criminal offense indicating a breach of trust, dishonesty or lack of integrity, or conspiracy to do the same; and(21) A person (or any principal executive officer, director, shareholder, or member) who has been convicted of, or subjected to a civil penalty or judgment for, violation of state or federal ethics laws.</content><note type="source"><p>Source Note: The provisions of this §29.32 adopted to be effective December 29, 2020, 45 TexReg 9409.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c29/scD"><num value="D">SUBCHAPTER D</num><heading>TEXAS RURAL INVESTMENT FUND PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.60"><num value="29.60">§29.60</num><heading>Authority</heading><content>Pursuant to §12.046 of the Texas Agriculture Code, the Texas Department of Agriculture establishes the Texas Rural Investment Fund Program.</content><note type="source"><p>Source Note: The provisions of this §29.60 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.61"><num value="29.61">§29.61</num><heading>Purpose</heading><content>The Texas Rural Investment Fund was established by Senate Bill 1016, 81st Texas Legislature, R.S., as an economic development program for Rural Communities.</content><note type="source"><p>Source Note: The provisions of this §29.61 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.62"><num value="29.62">§29.62</num><heading>Definitions</heading><content>The following words and terms when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Act--Section 12.046 of the Texas Agriculture Code, enacted in Senate Bill 1016, 81st Texas Legislature, R.S.(2) Commissioner--The Commissioner of the Texas Department of Agriculture.(3) Department--The Texas Department of Agriculture.(4) Fund--The Texas Rural Investment Fund, which is a dedicated account in the general revenue fund for the State of Texas and consists of:(A) appropriations of money to the fund by the legislature;(B) gifts, grants, including federal grants, and other donations received for the fund; and(C) interest earned on the investment of money in the fund.(5) Program--Loans or grants made from the Fund for the purposes set forth in §29.63 of this title (relating to Financial Assistance Available Under the Program).(6) Rural Communities--Municipalities with a population of less than 50,000 or counties with a population of less than 200,000.</content><note type="source"><p>Source Note: The provisions of this §29.62 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.63"><num value="29.63">§29.63</num><heading>Financial Assistance Available Under the Program</heading><content>The Fund may be used by the Department only to pay for grants or loans to public or private entities for projects in Rural Communities that have strong local support, provide positive return on the state's investment, and stimulate one or more of the following:(1) local entrepreneurship;(2) job creation or retention;(3) new capital investment;(4) strategic economic development planning;(5) individual economic and community development leadership training;(6) housing development; or(7) innovative workforce education.</content><note type="source"><p>Source Note: The provisions of this §29.63 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.64"><num value="29.64">§29.64</num><heading>Administration</heading><content>The Department shall administer the Program and any grants or loans provided under the Program.</content><note type="source"><p>Source Note: The provisions of this §29.64 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.65"><num value="29.65">§29.65</num><heading>Evaluation of Projects</heading><content>In awarding a grant or loan of money from the Fund for a project, the Department shall consider:(1) the project's effect on job creation and wages;(2) the financial strength of the applicant;(3) the applicant's business history;(4) an analysis of the relevant business sector;(5) whether there is public or private sector financial support for the project; and(6) whether there is local support for the project.</content><note type="source"><p>Source Note: The provisions of this §29.65 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scD/s29.66"><num value="29.66">§29.66</num><heading>Request for Proposals</heading><content>Upon funding of the Program, the Department will issue one or more Requests for Proposals for qualifying projects, at such times and upon such terms, as determined by the Department.</content><note type="source"><p>Source Note: The provisions of this §29.66 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c29/scE"><num value="E">SUBCHAPTER E</num><heading>RURAL ECONOMIC DEVELOPMENT AND INVESTMENT PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.70"><num value="29.70">§29.70</num><heading>Authority</heading><content>Pursuant to §12.0271 of the Texas Agriculture Code, the Texas Department of Agriculture establishes the Rural Economic Development and Investment Program.</content><note type="source"><p>Source Note: The provisions of this §29.70 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.71"><num value="29.71">§29.71</num><heading>Purpose</heading><content>The Rural Economic Development and Investment Program was established by Senate Bill 1016, 81st Texas Legislature, R.S., as a financial assistance program to encourage private development in rural areas.</content><note type="source"><p>Source Note: The provisions of this §29.71 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.72"><num value="29.72">§29.72</num><heading>Definitions</heading><content>The following words and terms when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Act--Section 12.0271 of the Texas Agriculture Code, enacted in Senate Bill 1016, 81st Texas Legislature, R.S.(2) Commissioner--The Commissioner of the Texas Department of Agriculture.(3) Department--The Texas Department of Agriculture.(4) Community Development Financial Institution--A Texas Community Development Financial Institution certified by the United States Department of the Treasury in accordance with the federal Community Development Banking and Financial Institutions Act of 1994, 12 United States Code, §4701, et seq.(5) Economic Development Corporation--A Texas nonprofit corporation in good standing that has obtained a letter ruling from the United States Internal Revenue Service confirming its status as a nonprofit organization described in §501(c)(3) of the Internal Revenue Code of 1986, and whose purpose is to promote economic development in Texas rural areas.(6) Eligible Entity--Defined in §29.73 of this title (relating to Eligible Entity).(7) Nonretail Enterprise--A private enterprise whose sole business is selling to retailers or jobbers, rather than to consumers.(8) Program--The Rural Economic Development and Investment Program established by the Act and this subchapter.</content><note type="source"><p>Source Note: The provisions of this §29.72 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.73"><num value="29.73">§29.73</num><heading>Eligible Entity</heading><content>Financial assistance under the Program may be provided only to:(1) a county with a population of not more than 75,000;(2) a municipality with a population of not more than 50,000; or(3) an Economic Development Corporation or Community Development Financial Institution that primarily represents a county or municipality described in paragraphs (1) and (2) of this section.</content><note type="source"><p>Source Note: The provisions of this §29.73 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.74"><num value="29.74">§29.74</num><heading>Financial Assistance Available Under the Program</heading><content>Financial assistance under the Program may be used only for a project relating to:(1) the acquisition or development of land, easements, or rights-of-way;(2) attracting new private enterprises to the county or municipality, including:(A) manufacturing facilities;(B) freight storage facilities;(C) distribution warehouse centers; and(D) other Nonretail Enterprises;(3) the construction, extension, or other improvement of:(A) water or waste disposal facilities; or(B) transportation infrastructure;(4) any other activity relating to private economic development that the Commissioner determines will encourage economic and infrastructure development in a rural area.</content><note type="source"><p>Source Note: The provisions of this §29.74 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.75"><num value="29.75">§29.75</num><heading>Methods of Providing Financial Assistance</heading><content>The Commissioner may provide financial assistance to an Eligible Entity by:(1) extending credit by direct loan, based on the credit of the Eligible Entity;(2) providing a credit enhancement;(3) effectively lowering interest rates;(4) financing a purchase or lease agreement in connection with an economic or infrastructure development project; or(5) providing methods of leveraging money from sources other than this state that are related to the project for which assistance is provided.</content><note type="source"><p>Source Note: The provisions of this §29.75 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.76"><num value="29.76">§29.76</num><heading>Segregation of Funds by Eligible Entity</heading><content>An Eligible Entity that receives funds under the Program shall segregate Program funds from other funds under its control. The Eligible Entity may use Program funds only for a project approved by the Commissioner. All funds disbursed under the Program must be repaid on terms determined by the Department.</content><note type="source"><p>Source Note: The provisions of this §29.76 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c29/scE/s29.77"><num value="29.77">§29.77</num><heading>Request for Proposals</heading><content>Upon funding of the Program, the Department will issue one or more Requests for Proposals for qualifying projects, at such times and upon such terms, as determined by the Department.</content><note type="source"><p>Source Note: The provisions of this §29.77 adopted to be effective November 14, 2010, 35 TexReg 10043.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p1/c30"><num value="30">CHAPTER 30</num><heading>COMMUNITY DEVELOPMENT</heading><subchapter identifier="/us/state/tx/tac/t4/p1/c30/scA"><num value="A">SUBCHAPTER A</num><heading>TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.1"><num value="30.1">§30.1</num><heading>Authority</heading><content>(a) The Department administers the Texas Community Development Block Grant (TxCDBG) Program, which administers the state's allocation of federal funds provided under the community development block grant non-entitlement program pursuant to §§487.051(a)(6), 487.351, and 487.354 of the Texas Government Code and in accordance with the Housing and Community Development Act of 1974 (42 USC §§5301 et seq.), 24 CFR Part 570, and this subchapter.(b) This subchapter does not apply to grants funded under the Colonia Self Help Center legislative set-aside program. Administrative procedures for these grants will be adopted and implemented by the Texas Department of Housing and Community Affairs (TDHCA).</content><note type="source"><p>Source Note: The provisions of this §30.1 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.2"><num value="30.2">§30.2</num><heading>Definitions</heading><content>In addition to the general definitions contained with Title 4, Part 1, Chapter 1, §1.1, the following terms, when used in this subchapter, shall have the following specific meaning unless the context clearly indicates otherwise:(1) Applicant--A unit of general local government in a non-entitlement area that submits an application to the Department for funding under the TxCDBG program.(2) ARO--The administrative review official.(3) CDBG--Community development block grant.(4) CFR--Code of Federal Regulations.(5) Grant recipient--An applicant that has been awarded or received a grant under the TxCDBG Program.(6) HUD--United States Department of Housing and Urban Development.(7) Non-entitlement area--An area of the state which is not a metropolitan city or part of an urban county, as defined in 42 USC §5302, and does not include Indian tribes.(8) RFA--Request for Applications.(9) TxCDBG--Texas Community Development Block Grant Program.(10) TxGMS--Texas Grant Management Standards promulgated by the Texas Comptroller of Public Accounts.(11) Unit of general local government--A city, county, town, township, village, or other general purpose political subdivision of the state, or as otherwise defined in 42 USC §5302.(12) USC--United States Code.</content><note type="source"><p>Source Note: The provisions of this §30.2 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.3"><num value="30.3">§30.3</num><heading>Funding</heading><content>(a) The Department shall allocate the state's annual CDBG grant and establish the funding of TxCDBG programs in accordance with the state's annual action plan, which is available on the Department's website and the HUD Exchange, HUD's online platform for program information, guidance, and tools.(b) For funds allocated to the Community Development Fund category within the TxCDBG program, funds are allocated among the twenty-four State planning regions based on a combination of the following two formulas:(1) Original CD formula, which takes into account the following factors:(A) Non-Entitlement Population;(B) Number of Persons in Poverty;(C) Percentage of Poverty Persons;(D) Number of Unemployed Persons; and(E) Percentage of Unemployed Persons; and(2) HUD formula, which is the same methodology that HUD uses to allocate CDBG funds among the States for use in non-entitlement areas. The HUD factors, percentages, and methodology are specified in 42 USC. §5306(d).</content><note type="source"><p>Source Note: The provisions of this §30.3 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.4"><num value="30.4">§30.4</num><heading>Eligible Applicants</heading><content>(a) Units of general local government located in non-entitlement areas that are not eligible to participate or that opt not to participate in the entitlement portion of the federal CDBG Program are eligible to apply for funding under the TxCDBG Program. An exception to this requirement is Hidalgo County, an entitlement county, which is eligible to apply for the Colonia Fund only.(b) Non-entitlement cities are cities located predominately in rural areas and generally:(1) have a population of less than 50,000;(2) are not designated as a central city of a metropolitan statistical area; or(3) are not participating in urban county CDBG programs.(c) Non-entitlement counties are counties that are predominately rural in nature and generally have fewer than 200,000 persons in the non-entitlement cities and unincorporated areas located in the county.</content><note type="source"><p>Source Note: The provisions of this §30.4 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.5"><num value="30.5">§30.5</num><heading>Application Process</heading><content>(a) Subject to available funding, the Department will issue a RFA for current TxCDBG programs. The RFA shall be publicly available through the Department's website.(b) The RFA, at a minimum, will provide the following information:(1) eligibility requirements for the particular grant program;(2) the maximum and minimum amount of individual grants;(3) any limitations on the type of eligible applicants;(4) limits, if any, on the number of grant applications that may be submitted by an applicant for a particular grant program;(5) filing instructions and the deadline for the submission of applications;(6) any match requirements;(7) program objectives and guidelines for proposed projects;(8) evaluation and award criteria, including guidance regarding the range of possible scores or points to be awarded to each of the selection criteria and any special factors to be evaluated in assigning points under the selection criteria;(9) any prohibitions on the use of grant funds; and(10) Department contact information.(c) The application submitted to the Department must be:(1) fully completed;(2) received by the deadline in the manner stated in the RFA; and(3) certified by an authorized individual.(d) Once the application is filed, it will be initially screened for completeness and eligibility, and if complete and eligible it will be evaluated and reviewed, and a grant decision will be made.(e) Providing false information, knowingly or unknowingly, on a grant application may cause an application to be denied or cause the grant agreement, once awarded, to be terminated.</content><note type="source"><p>Source Note: The provisions of this §30.5 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.6"><num value="30.6">§30.6</num><heading>Application Threshold Requirements</heading><content>To be eligible to receive funding under the TxCDBG Program, an applicant must meet the following criteria:(1) Grant administration. Demonstrate the ability to manage and administer the proposed project. The Department may consider the applicant's past performance and completion of previously awarded TxCDBG contracts, outstanding compliance and/or audit findings, and history of actively working with the Department to resolve any outstanding audit, monitoring, and/or reporting issues identified by the Department.(2) Financial capacity. Demonstrate the financial management capacity to sustain operation and maintenance of any improvements made in conjunction with the proposed project. Applications for TxCDBG funding must demonstrate financial capacity through compliance with the audit requirements in the Texas Local Government Code, as described in the RFA.(3) Proposed benefits. Demonstrate the ability to meet all proposed benefits identified in the application, including job creation if applicable.(4) Levy and collect tax. Levy and collect a local property tax or local sales tax option.(5) Open TxCDBG grants. If applicable, an applicant that has an open or pending TxCDBG grant must meet progress threshold requirements specified by the Department in the RFA and/or current TxCDBG action plan, including thresholds to obligate at least 50% of grant funding and to complete closeout reporting, as applicable.(6) Single Audits. Communities are required to comply with all federal single audit requirements, as described in the TxCDBG Project Implementation Manual, regardless of whether the required compliance is based on received funds other than TxCDBG awards. If applicable, an applicant must submit any past due audits to the Federal Audit Clearinghouse within the timeframes prescribed by the Department.(A) One delinquent audit. If the applicant meets threshold requirements for funding and has only one federal single audit delinquency, the Department will withhold the issuance of a grant award or grant agreement until it receives a satisfactory audit from the applicant. If the Department does not receive the applicant's delinquent audit within ninety (90) days after the application deadline, the application will be considered withdrawn by the applicant.(B) Multiple delinquent audits. An applicant with more than one delinquent federal single audit is ineligible to participate in the TxCDBG Program.(C) Delinquency of five years or more. An applicant that has been delinquent in meeting federal single audit requirements or that has failed to submit a required single audit for five years or more is ineligible to participate in the TxCDBG Program for a period of five years. After the five-year ineligibility period, the applicant may re-establish eligibility by following the program eligibility process described in Policy Issuance 12-01 or the TxCDBG Project Implementation Manual.(7) Other application requirements. Other threshold requirements relevant to a particular grant program may be included in the RFA.</content><note type="source"><p>Source Note: The provisions of this §30.6 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.7"><num value="30.7">§30.7</num><heading>Citizen Participation Process</heading><content>(a) Citizen Participation Plan. An applicant must develop and follow a detailed citizen participation plan that sets forth the applicant's policies and procedures for citizen participation and must make the plan public. The plan must be completed and available before an application for TxCDBG funding is submitted to the Department. The applicant must meet the following requirements:(1) provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which TxCDBG funds are proposed to be used;(2) ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the applicant's proposed and actual use of TxCDBG funds;(3) furnish citizens information, including but not limited to:(A) the amount of TxCDBG funds expected to be made available for the current program year;(B) the range of activities that may be undertaken with the TxCDBG funds;(C) the estimated amount of the TxCDBG funds proposed to be used for activities that will meet he national objective of benefit to low and moderate income persons; and(D) which of the proposed activities, if any, are likely to result in displacement and the applicant's anti-displacement and relocation plans required under 24 CFR §570.488;(4) provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals for the use of TxCDBG funds;(5) provide for a minimum of two public hearings for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities, and a review of program performance. Public hearings must be held at the following stages:(A) Initial public hearing. A public hearing to cover community development and housing needs must be held before submission of an application to the Department; and(B) Final public hearing. A public hearing must be held after completion of a funded project to afford citizens an opportunity to review and comment on the grant recipient's performance, including the actual use of TxCDBG funds provided under the grant. The final public hearing must be held prior to submitting a closeout report to the Department;(6) provide reasonable notice of hearings and hold hearings at times and locations convenient to potential or actual beneficiaries, with reasonable accommodations including material in accessible formats for persons with disabilities;(7) provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the grant application that was submitted to the Department. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the Department; and(8) provide written procedures that citizens must follow when submitting complaints and grievances, which include the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances within 15 working days where practicable.(b) Public notice of proposed application. An applicant must provide reasonable notice of the availability of a proposed application in order to afford affected citizens an opportunity to examine the application's contents to determine the degree to which they may be affected, and to submit comments on the proposed application, as described in the RFA.(c) Preparation of final application. In the preparation of the final application, the applicant shall consider comments and views received related to the proposed application and may, if appropriate, modify the final application prior to submission of the application to the Department. The final application shall be made available to the public.(d) Records retention. The applicant shall retain all documentation of the hearing notices, a list of attendees at each hearing, minutes of the hearings, and any other records concerning the proposed use of funds for a period of three years after the application deadline date or until the project, if funded, is closed out. Such records must be made available to the public in accordance with the Texas Public Information Act, Chapter 552 of the Texas Government Code.</content><note type="source"><p>Source Note: The provisions of this §30.7 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.8"><num value="30.8">§30.8</num><heading>Administrative Appeal</heading><content>(a) Actions subject to appeal. The following actions are subject to appeal.(1) An appeal may only be filed based on denial or disqualification of an application for TxCDBG funding as a result of procedural errors by Department staff. All other decisions regarding contracts and grant administration are final.(2) The failure of a grant administrator or consultant to properly submit all required documentation to the Department is not a basis for appeal.(3) A request to waive program requirements is not a basis for appeal.(b) Procedures for requesting an appeal. The following procedures shall apply when an applicant requests an appeal.(1) Notice of denial or disqualification. The Department shall send the applicant a written notice of denial or disqualification of its application and the ground(s) on which the denial or disqualification is based. The notice shall be provided by certified mail, return receipt (or its equivalent), or sent electronically by email or facsimile. The notice is considered to be received by the applicant when it is delivered by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email. If the notice is undeliverable, it is considered to be received by the applicant five days after being sent to the addressee's last known mailing address, facsimile number, or email address.(2) Who may file. Only the chief (executive or elected) official or designated representative of the applicant may submit the request for appeal.(3) Request for appeal. The request for appeal must be submitted in writing and postmarked, or received by the Department if submitted by email, on or before 5:00 p.m. Central Time not later than fifteen (15) days after the receipt, or deemed receipt, of the notice of denial or disqualification. The request for appeal must clearly identify the action being appealed, include a statement of facts or other pertinent information to support the appeal, and include a copy of the notice of denial or disqualification.(4) Acknowledgement of receipt. The Department shall acknowledge the receipt of the request for appeal within ten (10) days of its receipt of the request.(c) Hearing Procedures. The administrative hearing shall be conducted in accordance with the Administrative Procedure Act, Government Code, Chapter 2001, and this section.(1) Venue. All hearings shall be held in Austin, Texas, unless for good cause and in the public interest another place of hearing is designated by the administrative review official (ARO).(2) Notice of hearing. Upon receipt of a timely request for appeal, the Department shall set a hearing and send written notice of the hearing to the appellant at least ten (10) days before the date of the hearing. The hearing notice shall state:(A) the date, time, and place where the hearing is to be held; and(B) that failure of appellant or appellant's representative to appear at the hearing shall constitute a waiver of appellant's right to appear personally before the ARO, unless the ARO reschedules the hearing.(3) Conduct of hearing.(A) The ARO shall conduct the hearing as an informal proceeding. The formal rules of court shall not apply unless necessary for efficient conduct of the hearing.(B) The hearing shall be recorded by a tape recorder or teleconference equipment and kept on file for ninety (90) days after the hearing. During this period, the appellant may copy or transcribe this information at its own expense.(4) Burden of proof. Appellant has the burden of proof to show, by a preponderance of the evidence, that the Department's denial or disqualification of appellant's application was based on a procedural error made by Department staff.(5) Documentary evidence. A party must file all documents relating to the appeal with the docket clerk and must serve, at the same time, a copy on the other party.(d) Proposal for Decision. Within sixty (60) days after the date of the hearing, the ARO shall issue a proposal for decision based on information provided by the Department and the appellant, and on program regulations. This timeframe is an administrative requirement for the Department and may not be used as a basis for overturning the Department's action if a decision is not made within the specified timeframe.(e) Final Decision.(1) The Commissioner, or designee, shall review the ARO's proposal for decision and issue a final decision on the appeal. The final decision shall be issued within ninety (90) days after the date of the hearing and shall be based on and limited to review of the ARO's proposal for decision and information presented by the parties in support of their positions.(2) The Commissioner's decision of the appeal shall be the final decision of the Department.(f) Effect of State Agency Action.(1) The Department's action shall remain in effect during the appeal process.(2) If the final decision on the appeal is in favor of the appellant, the appellant is not guaranteed to receive grant funding. The appellant's application will be scored and compared to other applications scored during the application cycle. If the revised score does not put the appellant in funding range when ranked against other applications from the same scoring round, no award will be made.(g) Computation of time. In computing any period of time prescribed by this section, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.</content><note type="source"><p>Source Note: The provisions of this §30.8 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.9"><num value="30.9">§30.9</num><heading>Project Implementation</heading><content>(a) Grant recipients must carry out approved projects in accordance with the grant agreement, applicable program regulations and requirements, and the TxCDBG Project Implementation Manual, which is available on the Department's website. The Department may periodically amend the TxCDBG Project Implementation Manual. Amendments will be effective upon posting a new version of the TxCDBG Project Implementation Manual on the Department's website.(b) In accordance with §487.354 of the Texas Government Code, a community that receives TxCDBG money targeted toward street improvement projects in eligible colonia areas must allocate not less than five percent (5%) but not more than 15 percent (15%) of the total amount of targeted money to providing financial assistance to colonias within the community to enable the installation of adequate street lighting in those colonias if street lighting is absent or needed.</content><note type="source"><p>Source Note: The provisions of this §30.9 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.10"><num value="30.10">§30.10</num><heading>Grant Administrator Certification Requirement</heading><content>Any consultant, administrator, or employee of a grant recipient whose duties and responsibilities include administration of a TxCDBG grant shall complete CDBG administrator certification annually as required by the Department.</content><note type="source"><p>Source Note: The provisions of this §30.10 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.11"><num value="30.11">§30.11</num><heading>Conflict of Interest</heading><content>(a) Applicability.(1) The conflict of interest and procurement regulations prescribed by HUD in 2 CFR Part 200 and 24 CFR Part 570 apply to all agreements, contracts, subcontracts, awards, and subawards made under the TxCDBG Program.(2) In addition to the federal conflict of interest and procurement regulations, state and local procurement and conflict of interest laws apply.(3) The conflict of interest restrictions and procurement requirements identified in this section shall apply to a business, utility provider, or other third party entity that benefits from or receives any assistance, directly or indirectly, under a TxCDBG grant, or that has any involvement in completing the project or meeting program objectives.(b) Conflicts prohibited. Grant recipients shall avoid, neutralize or mitigate actual or potential conflicts of interest so as to prevent an unfair competitive advantage or the existence of conflicting roles that might impair the performance of a TxCDBG grant or impact the integrity of the procurement process. Conflicts related to the procurement of property or services are prohibited regardless of any mitigating actions.(c) Match requirements. A grant recipient's cash match may not be obtained from any person or entity that provides contracted professional or construction-related services (other than utility providers) to implement the project.(d) Administration and engineering services. Grant recipients may not procure the same firm or consultant to provide administration and engineering services.(e) Conflicting laws. In the event of a conflict between federal, state and local law, the more stringent provision shall control.</content><note type="source"><p>Source Note: The provisions of this §30.11 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.12"><num value="30.12">§30.12</num><heading>Changes or Amendments</heading><content>(a) Whenever a proposed change requires Department approval, the Department may require citizen participation in accordance with §30.7 of this subchapter (relating to Citizen Participation Process). A grant recipient shall provide citizens with reasonable advance notice of, and opportunity to comment on, activities which are proposed to be added, deleted or substantially changed from the grant application to the Department. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the Department.(b) The Department is not required to approve amendment requests and does not guarantee that extensions will be approved.(1) Consideration of requests for amendment by a grant recipient that is out of compliance on any TxCDBG grant award may be withheld until the grant recipient satisfies all requirements for all outstanding grant agreements.(2) Requests to change the original project as described in the application, or to add a different or new activity, may not be approved generally; however, the Department may consider approval of a new project under either of the following circumstances:(A) a natural disaster, documented by a presidential or gubernatorial declaration; or(B) a decision by a federal or state agency prevents the grant recipient from completing the original project.(3) Requests for extensions to grant agreements that have not made sufficient progress during the existing grant period will not be approved.(c) A request for extension must be received no later than 30 days prior to the termination date of the grant agreement.(d) A request for amendment must be in a manner and format prescribed by the Department and include, but not limited to, the following, as applicable:(1) Proposed amendments to a performance statement or budget: a detailed explanation why the amendment is required and a revised plan of work and/or budget must be submitted.(2) Extension requests: a request for extension must include a timeline of events beginning on the date of grant award, a detailed explanation why the project is not expected to be completed within the grant term, and, if applicable, supporting documentation demonstrating extenuating circumstances.(e) The Department will not approve changes that would have resulted in a lower application score and thus causing the application to be out of funding range.</content><note type="source"><p>Source Note: The provisions of this §30.12 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scA/s30.13"><num value="30.13">§30.13</num><heading>Corrective Action and Remedies for Noncompliance</heading><content>(a) Failure to comply with regulations or program requirements.(1) If a grant recipient fails to comply with applicable federal or state regulations, the Department will require corrective action to address the violations. If the violation is egregious or the result of failure to implement a previous corrective action plan, the Department will take any action(s) available under the grant agreement, 24 CFR Part 570, and/or the TxGMS.(2) If applicable, if the violation or noncompliance is not cured within the period allowed for cure, all TxCDBG funds awarded to the grant recipient will be suspended, including all open grants and any pending awards, until the non-compliance is resolved.(b) Failure to meet grant agreement requirements. If the Department finds that a grant recipient did not provide the level of benefits specified in its grant agreement, the following actions may be taken, including but not limited to:(1) holding the grant recipient ineligible to apply for or receive TxCDBG funds for a period of at least two program years or until any issue of restitution is resolved, whichever is longer; and(2) requiring the grant recipient to reimburse the Department for the difference between the amount of funds provided for the level of benefits specified in the agreement and the amount of funds actually expended in providing such level of benefits.(c) Corrective action plan.(1) The Department may require a corrective action plan which includes:(A) a statement acknowledging the violation as determined by the Department;(B) identification of the cause of the violation and timeline of events;(C) a plan outlining actions the grant recipient will take to improve performance to meet program requirements, the persons (or position titles) responsible for implementing the corrective action plan, and the date the plan will be implemented; and(D) a statement acknowledging that failure to effectively improve performance may result in a reduction of funding or other sanctions as determined by TDA.(2) If the grant recipient fails to provide a corrective action plan, or if the Department determines that proposed project benefits may not be met without an extension of the grant term, the Department may terminate the grant agreement.(3) If a grant agreement is terminated, the grant recipient is required to repay all TxCDBG funds received under the grant prior to termination.(d) Withdrawal, suspension or termination. The Department may withdraw, suspend or terminate an award or grant agreement under other circumstances when warranted by federal or state law, including applicable federal grant management standards or the TxGMS.(e) Disqualification of an Administrator.(1) Third-party administrators. If there is at least one unresolved finding of noncompliance that results in significant required repayment by the grant recipient to the Department, the following actions will be taken:(A) after the first finding related to a third-party administrator, administrative costs will be disallowed and funds paid for administration will not be considered toward match requirements; and(B) after the second finding related to the same administrator, administrative costs will be disallowed, funds paid for administration will not be considered toward match requirements, and the third-party administrator will be ineligible to administer a TxCDBG grant for a period of three years from the date of the finding.(2) Self-administering communities. In the event there is at least one unresolved finding that results in significant required repayment by a grant recipient that self-administers the grant, the following actions will be taken:(A) after the first finding, administrative costs will be disallowed and funds paid for administration will not be considered toward match requirements; and(B) after the second finding, administrative costs will be disallowed, funds paid toward administration will not be considered toward match requirements, and in order to be eligible for a future TxCDBG grant award, the grant recipient will be required to hire a third-party administrator in good standing with the Department for subsequent TxCDBG grants for a period of three years from the date of the finding.</content><note type="source"><p>Source Note: The provisions of this §30.13 adopted to be effective August 28, 2022, 47 TexReg 5099.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p1/c30/scB"><num value="B">SUBCHAPTER B</num><heading>STATE OFFICE OF RURAL HEALTH</heading><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.120"><num value="30.120">§30.120</num><heading>Applicable Law</heading><content>The department administers programs supporting rural health, only to the extent that funds are appropriated and available, in accordance with Chapter 487 of the Texas Government Code, and manages the state's Medicare rural hospital flexibility program in accordance with 42 USC §1395i-4.</content><note type="source"><p>Source Note: The provisions of this §30.120 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.121"><num value="30.121">§30.121</num><heading>Definitions</heading><content>In addition to the definitions set forth in Chapter 487, Texas Government Code, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of a conflict between this subchapter and Chapter 487, the definition in Chapter 487 shall control.(1) Academic term--A division of the academic year, made up of semesters, trimesters, or quarters, as determined or established by the academic institution.(2) Allied health--Fields relating to the delivery of health or related services pertaining to the identification, evaluation and prevention of diseases and disorders; dietary and nutrition services; rehabilitation and health systems management.(3) Capital equipment--Information systems hardware and software, or other equipment as defined by the rules of the Centers for Medicare and Medicaid Services for implementation of the Medicare program.(4) Capital improvement--The acquisition, construction, or improvement of a facility, equipment, or real property for use in providing health services. The term includes designing, engineering, supervising, inspecting, surveying, and other expenses incidental to the acquisition, construction, or improvements, or the purchase of capital equipment for a health facility.(5) CFR--Code of Federal Regulations.(6) Cost of attendance--Allowable costs as determined to be necessary by the financial aid office of an academic institution which includes costs of tuition, fees, books, supplies, room and board, transportation and personal expenses.(7) Health care professional--Any provider of health care or health related services in the fields of medicine, dentistry, optometry, pharmacy, chiropractic, podiatry, psychology, nursing or allied health.(8) Health professional shortage area--Any of the following:(A) a rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the U.S. Secretary of Health and Human Services (Secretary) determines has a health manpower shortage and which is not reasonably accessible to an adequately served area;(B) a population group which the Secretary determines has such a shortage; or(C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage.(9) Satisfactory academic progress--Maintenance of satisfactory cumulative grade point average and course load to qualify the student for placement in planned subsequent years of the degree plan.(10) Secretary--U.S. Secretary of Health and Human Services.(11) Service obligation--A defined period of time during which health care services must be provided in a rural health professional shortage area or rural medically underserved area.(12) U.S.C.--United States Code.</content><note type="source"><p>Source Note: The provisions of this §30.121 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.140"><num value="30.140">§30.140</num><heading>Purpose</heading><content>The Outstanding Rural Scholar Recognition Program (ORSRP) is a competitive forgivable loan program which assists rural communities to sponsor students pursuing studies in health care professions that are needed in the rural community. ORSRP matches state funds with rural community funds to support a student of the community's choice in a health professional education program. In exchange for funds received from the rural community and ORSRP, the health care professional, upon licensure, returns to the sponsoring rural community to practice health care.</content><note type="source"><p>Source Note: The provisions of this §30.140 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.141"><num value="30.141">§30.141</num><heading>Selection Committee</heading><content>(a) Composition of committee. The selection committee shall be composed of the following 12 members appointed by the commissioner:(1) one rural practicing family practice physician;(2) one rural hospital administrator;(3) one rural practicing registered professional nurse;(4) one rural practicing allied health professional;(5) one dean of a medical school;(6) one dean of a nursing school;(7) one dean of a school of allied health science;(8) one head of a vocational/technical institution;(9) one community college administrator;(10) one individual knowledgeable in student financial assistance programs;(11) one rural public school superintendent; and(12) one rural resident.(b) Committee officers. The selection committee may elect a chairman, vice-chairman and secretary from among its members.(c) Duties of committee. In addition to the duties specified in Chapter 487, Subchapter D, Texas Government Code, the selection committee shall:(1) review cases and make recommendations concerning exceptions regarding the community in which a student may fulfill the obligated service period; and(2) review cases and make recommendations concerning student academic progress.(3) The selection committee may adopt rules for the conduct of its activities.</content><note type="source"><p>Source Note: The provisions of this §30.141 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.142"><num value="30.142">§30.142</num><heading>Nomination Process</heading><content>(a) To be eligible to nominate a student for recognition, a sponsoring organization or entity must:(1) be a local hospital or hospital auxiliary, rural health clinic, foundation, civic organization, city council, chamber of commerce, commissioners courts, or any combination of such organizations;(2) be located in a rural community, as defined in §487.101 of the Texas Government Code, in Texas;(3) agree to provide 50% of the student's cost of attendance, if the nominee is selected to receive a forgivable loan; and(4) be in good standing with the department.(b) A sponsoring organization may solicit applications from students interested in health care careers at a local high school or college.(c) Rural communities shall select students for nomination and sponsorship as outstanding rural scholars based on the following criteria:(1) the student's academic performance;(2) the results of one or more sponsor interviews with the student;(3) a typed essay of no more than 500 words discussing the following:(A) a description of the health care profession the student is pursuing;(B) the student's reasons for entering the chosen health care profession; and(C) the student's reasons for wanting to provide health care to rural Texans;(4) a minimum of three letters of recommendation from professional staff of the student's high school or college, or from employers or community leaders who have known the student for at least one year; and(5) the community's needs.</content><note type="source"><p>Source Note: The provisions of this §30.142 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.143"><num value="30.143">§30.143</num><heading>Selection of Outstanding Rural Scholars</heading><content>(a) Subject to available funding for this program, the department will publish a notice of fund availability and request for applications, which will include all necessary details about the program and application requirements.(b) To be eligible to participate in the competition, an application must be coordinated and submitted by the sponsor on behalf of the individual being nominated. The application must be on the forms and in a format prescribed by the department.(c) The department will review each application for completeness and eligibility. Only those applications that meet the eligibility requirements for recognition are then evaluated and ranked by the selection committee.(d) The selection committee will select outstanding rural scholars based on the following criteria:(1) the student's academic achievements;(2) an essay written by the student discussing the student's reasons for entering the competition, the health care degree or program the student is pursuing, the student's reasons for pursuing the chosen health care profession, and the student's reasons for wanting to provide health care to rural Texans;(3) sponsor financial commitment;(4) community statement of need;(5) standardized test scores; and(6) the overall quality of the nominee.(e) The selection committee shall rank the students and inform the department of its selections.</content><note type="source"><p>Source Note: The provisions of this §30.143 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.144"><num value="30.144">§30.144</num><heading>Requirements for Forgivable Loan</heading><content>(a) Initial loan. To be eligible for a forgivable loan under this program, an individual must:(1) be recognized as an outstanding rural scholar;(2) have the sponsor's commitment to provide 50% of the student's costs of attendance;(3) not have defaulted on nor owe a refund on any state or federal aid; and(4) be enrolled or intend to enroll in a health care degree or program at an eligible academic institution of higher education.(b) Subsequent loan. A student who has received an initial loan shall have priority for subsequent loans provided the following requirements are satisfied:(1) the student maintains satisfactory academic progress in the chosen health care educational program;(2) the student files a degree plan complete with graduation date;(3) the student files a course plan, financial aid disclosure statement and grade report each academic term;(4) the student completes all credit hours and does not reduce the course load or number of credit hours for which the student enrolled at the beginning of each academic term, unless the student submits to the department documentation demonstrating that extenuating circumstances beyond the student's control necessitated a reduction of the credit load; and(5) funding is available to the department for forgivable loans.</content><note type="source"><p>Source Note: The provisions of this §30.144 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.145"><num value="30.145">§30.145</num><heading>Conditions of Forgivable Loan</heading><content>(a) The department awards forgivable loans based on the availability of money in the fund.(b) Forgivable loan funds may be used only for educational expenses at the agreed upon academic institution.(c) The forgivable loan shall not exceed the annual cost of attendance at the academic institution the student attends. The cost of attendance shall be determined by the academic institution's financial aid office. A student may receive financial aid from other sources; however, the department will reduce the amount of the forgivable loan by the amount of aid from other sources so that the combined financial aid does not exceed the allowable cost of attendance as determined by the financial aid office.(d) The department may authorize forgivable loans to be awarded to eligible students provided:(1) the sponsor has executed a Memorandum of Understanding with the department agreeing to provide 50% of the student's costs of attendance for the academic year;(2) the sponsor and the student have executed a contract with the department which includes the responsibilities of each party and penalties for breach of contract; and(3) the student has executed a promissory note with a qualified co-signor.(e) A sponsor must notify the department in writing within two weeks of any information that may affect a student's program eligibility or the student's or sponsor's ability to meet contract requirements.(f) The student must notify the department in writing within two weeks of any change in enrollment or employment status.(g) Disbursements of forgivable loan funds shall be made directly to the academic institution according to a schedule determined by the department.(h) A student who receives a forgivable loan under this program will be forgiven the total forgivable loan by providing full-time health care practice for an obligated period of service equal to 12 months for each year loan support is provided. The obligated period of service shall begin on the date full-time employment or practice begins in the sponsoring rural community after the student has become certified or licensed in the health care profession for which sponsored. If employment is on less than a full-time basis, forgiveness shall be prorated.</content><note type="source"><p>Source Note: The provisions of this §30.145 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.146"><num value="30.146">§30.146</num><heading>Breach of Contract</heading><content>(a) Breach by sponsor.(1) A sponsor shall be in breach of contract if the sponsor:(A) fails to provide 50% of the student's costs of attendance as determined by the academic institution for the duration of the student's agreed upon health care academic program;(B) fails to provide a full-time employment or practice opportunity for the student as a health care professional for which sponsored upon the student's certification or licensure; or(C) fails to meet any of the conditions of the contract or this division.(2) If the sponsor is found to be in breach of contract, the department may require any or all of the following:(A) forfeiture of all claim to funds forwarded to the student;(B) cancellation of the student's obligated period of service; and(C) forfeiture of an opportunity to sponsor a student in the future.(3) In the event of a sponsor breach of contract, the student may obtain alternative sponsorship, employment or practice opportunity in another rural community where loan forgiveness may be granted. In such an event, the original sponsor may not seek reimbursement from the student, another rural community sponsor, or the department.(b) Breach by student.(1) The student shall be in breach of contract if the student:(A) fails to maintain satisfactory academic progress according to the academic institution the student attends except that one academic term of grace will may be extended to the student if the student is placed on scholastic probation;(B) fails to attain satisfactory academic progress following an academic term of scholastic probation;(C) voluntarily withdraws from or terminates enrollment in the agreed upon academic program or institution before completion of the agreed upon academic program;(D) fails to complete the academic program according to the degree plan;(E) ceases to be enrolled full-time in an academic program which requires full-time enrollment;(F) fails to begin or complete the required practicum, internship or residency;(G) fails to begin the obligated period of service within 60 days of attaining certification or licensure, or within 60 days of completing a residency program in the case of medical students;(H) fails to complete the obligated period of service; or(I) fails to meet any of the conditions of the contract or this division.(2) Repeated reduction of credit hours during the course of the academic program may constitute breach of contract and the student may be removed from the ORSRP.(3) The selection committee may unilaterally recommend removal of a student from the program if the student is not maintaining satisfactory academic progress to attain the prescribed degree.(4) A student must sit for the first certification or licensure examination for which eligible upon completion of the academic program. If certification or licensure is delayed because of failure to pass the examination, the student shall retake it the next time the student is eligible to do so. If the student fails to become certified or licensed after the second attempt, the student shall be in breach of contract.</content><note type="source"><p>Source Note: The provisions of this §30.146 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.147"><num value="30.147">§30.147</num><heading>Repayment</heading><content>(a) A student must repay the department costs of attendance paid for courses not completed. To recover funds, the department may:(1) deduct the amount owed from the student's next scheduled loan disbursement;(2) request the financial aid office of the academic institution the student attends to remit an institutional check for the amount owed; or(3) require the student to repay the amount owed in the event the student will not receive any more loan disbursements.(b) A student who is found to be in breach of contract must immediately pay the department liquidated damages equal to one time the total forgivable loan amount plus collection costs, fees and interest as specified in the contract or this section. If the student is unable to immediately pay the full amount due, the student may request a repayment plan.(c) In the event the student breaches the contract by beginning but failing to complete the obligated period of service, the student shall pay to the department a prorated share of the damages based on the percent of the obligated period of service which has not been completed, plus collection costs, fees and interest as specified in the contract or this section.(d) Interest assessed to a forgivable loan may be up to the highest rate allowed by law and shall commence with the date of the first disbursement.(e) The department will forward to the sponsor its portion of the forgivable loan and accrued interest collected from the student. However, in the event the department is unsuccessful in collecting payment from the student, the department shall not be responsible for repaying the sponsor any forgivable loan portions or interest accrued on those portions.(f) In the event a student fails or refuses to make payments as required by the department, the department may initiate collection procedures against the student in accordance with 4 TAC §1.52, and the department may report outstanding debts or loans in default to a national credit bureau to be placed on the students' credit reports.</content><note type="source"><p>Source Note: The provisions of this §30.147 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.148"><num value="30.148">§30.148</num><heading>Cancellations and Postponements</heading><content>(a) The department may cancel a student's service or repayment obligation if it determines that:(1) the student is unable to complete the academic program, internship or residency, attain certification or licensure, or practice health care because of a total and permanent disability verified by a sworn affidavit of a qualified physician; or(2) the student has died and a court-certified copy of a death certificate or other evidence of death that is conclusive under state law has been submitted to the department.(b) The cosigner of a promissory note shall not be responsible for loan repayment, accrued interest or other charges if the student dies or becomes totally and permanently disabled.(c) The department may postpone the repayment requirement for a student who is enrolled at least half time at an eligible academic institution. A postponement period is not included when determining the maximum repayment period.(d) The department may cancel or postpone repayment for a student who provides evidence of extreme financial hardship. In the case of postponement, the period of postponement will not be included in determining the maximum repayment period. The department may require periodic payments on the accrued interest during the postponement period.</content><note type="source"><p>Source Note: The provisions of this §30.148 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.160"><num value="30.160">§30.160</num><heading>Purpose</heading><content>The purpose of the Medically Underserved Community-State Matching Incentive Program is to encourage physicians to provide primary care in medically underserved communities by contributing start-up money for physicians to establish a medical office in such communities. State grants match funds committed by medically underserved communities to cover start-up costs for primary care physicians' practices.</content><note type="source"><p>Source Note: The provisions of this §30.160 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.161"><num value="30.161">§30.161</num><heading>Community Eligibility Criteria</heading><content>To be eligible to participate in this program, a community must:(1) be a medically underserved community as defined in §487.201, Texas Government Code;(2) exist in perpetuity as a non-profit entity governed by council members, commissioners, or a board of trustees that:(A) is responsible to and serves the community in which it is located;(B) is legally authorized to raise funds and/or accept grants and financial gifts from citizens, scholarship funds, or private foundations;(3) not have filed bankruptcy;(4) commit to contributing start-up month to an eligible physician in a minimum amount of $15,000 but not more than $25,000 per year for up to two years;(5) apply for state matching funds available through this program; and(6) contract with an eligible physician who agrees to provide primary care in the community for at least two years.</content><note type="source"><p>Source Note: The provisions of this §30.161 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.162"><num value="30.162">§30.162</num><heading>Physician Eligibility Criteria</heading><content>To qualify for participation in this program, a physician must:(1) hold a current, unrestricted license as a physician from the Texas Medical Board;(2) have successfully completed a primary care residency program approved by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association; a physician with less than ten post-residency years will be given priority;(3) have contracted with an eligible community (that has made a financial commitment of at least the minimum contribution level) to provide primary care in the supporting community for at least two years;(4) have never defaulted on nor currently owe a refund on any state, federal, or local student financial aid;(5) not be delinquent in child support payments;(6) have authorized a credit check and background check, the results of which are satisfactory to the sponsoring community; and(7) have never been convicted of a felony.</content><note type="source"><p>Source Note: The provisions of this §30.162 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.163"><num value="30.163">§30.163</num><heading>Application and Review</heading><content>(a) Subject to available funding for this program, the department will publish a notice of fund availability and request for applications, which will include all necessary details about the program and application requirements.(b) The application must be on the forms and in the format prescribed by the department. The department must receive the application by the due date specified in the request for applications.(c) The department will review each complete application to determine program eligibility, prioritize community need among applicants, and make recommendations for funding. An application in which the physician has less than ten post-residency years will be given priority. The department will not review late or incomplete applications.</content><note type="source"><p>Source Note: The provisions of this §30.163 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.164"><num value="30.164">§30.164</num><heading>Awards and Appeals</heading><content>(a) The department may negotiate the amount of matching funds to be awarded to any applicant. Award amounts are based on the availability of funds. Contract awards shall not exceed $25,000, unless the department has determined that the application demonstrates exceptional financial need.(b) An applicant who is denied funds under this program may file a written request for an administrative review of the denial. The request must be mailed to the department within ten working days of the date of the department's letter of denial. Upon receipt of the request, the department will conduct an administrative review, resulting in a final decision. The department will mail a written notice of the decision either upholding or overruling the denial to the applicant.</content><note type="source"><p>Source Note: The provisions of this §30.164 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.165"><num value="30.165">§30.165</num><heading>Methodology for Prioritizing Communities</heading><content>The department will prioritize the communities found eligible for participation in the program to assure that the neediest communities are provided grants. The prioritization process will quantify indicators of need (not listed in any assigned priority order) which may include, but are not limited to, the following:(1) no practicing primary care physicians;(2) with only one primary care physician and a population of at least 2,000;(3) no federally or state-funded primary care clinic;(4) no practicing physician assistants or nurse practitioners;(5) the participating physician will be the only physician practicing in one of the primary care specialties;(6) large minority population, if the participating physician is a member of the same minority group;(7) designation by the United States Department of Health and Human Services as a primary care health professional shortage area for at least the last five years;(8) a population-to-primary care provider ratio in the top 25% of all counties in the state;(9) poverty rates above the state average; and(10) median family incomes at least 25% below the state average.</content><note type="source"><p>Source Note: The provisions of this §30.165 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.166"><num value="30.166">§30.166</num><heading>Contract Requirements</heading><content>The department will execute a written contract with each community selected concerning use of the state matching funds allocated under this program. The contract must include, but is not limited to, the following provisions:(1) the community has obtained a credit check and information concerning the participating physician's professional background from reputable sources, including the National Practitioner Data Bank or its successor;(2) the community will retain interest (title or ownership) in any property, equipment, or durable goods purchased with state or local matching funds disbursed under this program for a period of seven years;(3) the community has executed a contract with an eligible physician containing at least the following provisions:(A) the physician shall engage in clinical practice in the supporting community for at least two years following disbursement of the state funds;(B) during the two-year service obligation, the physician shall not discriminate among patients seeking care based on their ability to pay or whether payment will be made through Medicaid or Medicare;(C) the physician shall complete and submit provider enrollment applications for Medicare and the Texas Medicaid program, and shall accept Medicare assignment if enrolled; and(D) the physician shall set his or her charges at the prevailing rate for the area and shall utilize a sliding fee scale based on the client's ability to pay;(4) the community will make reasonable efforts to locate the physician's practice at a site readily accessible to a majority of area residents;(5) the community will make a good faith effort to contract with a physician whose practice specialty is appropriate to serve the primary health care needs of area residents; and(6) the community will attempt in good faith to replace a participating physician as quickly as possible after the physician fails to fulfill his or her two-year practice obligation, but the community may seek a replacement physician for no more than six months.</content><note type="source"><p>Source Note: The provisions of this §30.166 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.167"><num value="30.167">§30.167</num><heading>Reporting and Monitoring</heading><content>(a) The supporting community must regularly monitor the participating physician's practice during the period of obligated service.(b) The supporting community must submit quarterly progress reports to the department, as outlined in the program guidelines and contract, regarding:(1) the expenditure of funds related to this program to cover physician practice start-up costs;(2) patient outcomes as a result of accessing this program; and(3) the status on the physician's compliance with the requirements specified in §30.165 of this division (relating to Methodology for Prioritizing Communities).</content><note type="source"><p>Source Note: The provisions of this §30.167 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.168"><num value="30.168">§30.168</num><heading>Breach of Contract</heading><content>(a) A supporting community must notify the department in writing within two weeks of any change in its status or that of the participating physician.(b) A supporting community shall be in breach of contract if the supporting community fails to:(1) provide the full amount of funding specified in the contract; or(2) fulfill any other conditions specified in the contract.(c) In the event of a breach of contract, the department may require any or all of the following:(1) forfeiture of all claim to funds and/or property acquired through use of the state matching funds disbursed through this program;(2) cancellation of the physician's obligation of service in the supporting community;(3) reimbursement by the supporting community to the department of state matching funds; and(4) forfeiture of the opportunity to participate in the program or other rural health programs administered by the department in the future.</content><note type="source"><p>Source Note: The provisions of this §30.168 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.180"><num value="30.180">§30.180</num><heading>Purpose</heading><content>The purpose of the Texas Health Service Corps Program is to encourage physicians trained in the primary care specialties to establish and maintain practices in medically underserved areas in Texas by providing stipends to resident physicians who agree to practice, upon completion of residency training, in a medically underserved area of the state.</content><note type="source"><p>Source Note: The provisions of this §30.180 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.181"><num value="30.181">§30.181</num><heading>Application Procedure</heading><content>(a) Subject to available funding for this program, the department will publish a notice of fund availability and request for applications, which will include all necessary details about the program and application requirements.(b) The application must be on the forms and in the format prescribed by the department, and submitted to the department by the deadline specified in the request for applications. Late or incomplete applications will not be considered.</content><note type="source"><p>Source Note: The provisions of this §30.181 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.182"><num value="30.182">§30.182</num><heading>Requirements for Registering Medically Underserved Communities</heading><content>(a) A health care entity located in a county designated as a medically underserved area and/or a health professional shortage area is eligible to register to participate in the program.(b) The department ranks eligible communities for program participation based on a community's need for primary care physicians and other factors including, but not limited to, the county's MUA score or HPSA degree of shortage designation.(c) Communities register for the program by completing a registration form prescribed by the department during a time period specified by the department.(d) A community that is accepted into the program and that is matched with an eligible physician is ineligible to re-register for participation until the physician has fulfilled the service obligation.</content><note type="source"><p>Source Note: The provisions of this §30.182 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.183"><num value="30.183">§30.183</num><heading>Requirements for Registering Resident Physicians</heading><content>(a) A resident physician is eligible to register for participation in the program if the physician:(1) is enrolled in an accredited Texas residency training program in a primary care specialty;(2) has not defaulted on any educational loans; and(3) does not have a service obligation to any entity.(b) An individual who is a fourth year medical student may be eligible to register for participation in the program if the individual meets the requirements provided in subsection (a)(1) - (3) of this section by the application deadline.(c) Eligible physicians register for the program by completing a registration form prescribed by the department during a time period specified by the department.(d) The department may rank physician applicants by the type of primary care specialty the physician has selected or by the number of years remaining to complete the residency program.(e) A physician receiving assistance under any local, state, or federal educational loan repayment or incentive program is ineligible to receive a stipend under this program. A physician with any service obligation to any entity also is ineligible to receive a stipend.</content><note type="source"><p>Source Note: The provisions of this §30.183 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.184"><num value="30.184">§30.184</num><heading>Matching Eligible Communities with Eligible Resident Physicians</heading><content>(a) The department sends the ranked profiles of all registered resident physicians to all the registered communities, and the ranked profiles of all registered communities to the registered resident physicians.(b) Upon receipt of the profiles, eligible communities and eligible physicians may contact each other to determine if the community is suitable for the physician and the physician is suitable for the community. Once a match between a community and a physician is made, the community and the physician complete a joint application and submit it to the department by the deadline provided in the request for applications.(c) Resident physicians and communities making a match prior to initiating the registration process may both jointly register and apply simultaneously. The department will not distribute the ranked profiles of these matched resident physicians and communities to the pool of unmatched ranked registered resident physicians and communities.(d) The department reviews the joint applications and awards stipends to resident physicians matched with communities ranked as having the greatest need for a primary care physician.</content><note type="source"><p>Source Note: The provisions of this §30.184 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.185"><num value="30.185">§30.185</num><heading>Conditions of Award</heading><content>(a) A resident physician selected to receive a stipend must enter into a written contract with the department before the award is received. The contract must specify that:(1) within 90 days of completion of the residency program for first board eligibility, the physician must initiate a medical practice to provide physician services, as defined by the contract, in a medically underserved area for one year for each year that the physician receives a stipend;(2) the physician must not discriminate against patients seeking care based on their ability to pay or whether payment is made through Medicaid or Medicare;(3) the physician must accept Medicare assignment and make every attempt to enroll as a provider in the Medicare and Texas Medicaid Programs unless enrollment is denied by either the Medicare or Texas Medicaid Programs;(4) the physician must cooperate with the department in its efforts to collect information and data relevant to the program;(5) the physician must keep the department informed of all changes in address and phone number during the service obligation period; and(6) the department will report a physician whose repayment account is delinquent, or who fails to repay his or her cash obligation, to the Texas Medical Board for appropriate action.(b) The department may withdraw a stipend if it determines the resident physician is no longer eligible to qualify for participation in the program.</content><note type="source"><p>Source Note: The provisions of this §30.185 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.200"><num value="30.200">§30.200</num><heading>Purpose</heading><content>The Rural Health Facility Capital Improvement Program provides assistance to public and non-profit hospitals located in a rural county in Texas to make capital improvements to existing health facilities, construct new health facilities, or purchase capital equipment.</content><note type="source"><p>Source Note: The provisions of this §30.200 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.201"><num value="30.201">§30.201</num><heading>Eligibility and Application Requirements</heading><content>(a) Subject to available funding for this program, the department will publish a notice of fund availability and request for applications, which will include all necessary details about the program and application requirements. The application must be on the forms and in the format prescribed by the department.(b) Grants, loans or loan guarantees are awarded by the department through a competitive process according to the provisions of this division and the request for applications.(c) A public or nonprofit hospital located in a rural county, as defined in §487.301 of the Texas Government Code, is eligible to apply for funds.(d) A hospital that has received a grant under the Community Hospital Capital Improvement Fund from the Department of State Health Services may not also receive a grant, loan, or loan guarantee under this program.(e) Applications that are received after the closing date, incomplete or substantially inconsistent with the requirements of this division and the request for applications may be rejected without further consideration at the discretion of the department.</content><note type="source"><p>Source Note: The provisions of this §30.201 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.202"><num value="30.202">§30.202</num><heading>Application Review and Selection Criteria</heading><content>(a) Each application will be reviewed by the department for completeness, relevance to the published request for applications, adherence to department policies, general quality, technical merit, and budget appropriateness.(b) The department may invite advisors from outside the department to review applications and make recommendations for funding. Advisors from outside the department shall receive no compensation or reimbursement for expenses. Advisors may not be a current or potential applicant for a grant, loan, or loan guarantee on which the advisors would be making recommendations.(c) An application from a public hospital will be given preference over an application from a nonprofit hospital.(d) Evaluation of an application will consider applicant information relating to criteria delineating the health care needs of the rural area and community served by the applicant, the financial need of the applicant related to the specific project, and the probability that the applicant will effectively and efficiently use the money obtained through a grant, loan or loan guarantee.</content><note type="source"><p>Source Note: The provisions of this §30.202 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.203"><num value="30.203">§30.203</num><heading>Conditions of Award</heading><content>(a) Awarded funds may not be used for any costs incurred by an applicant in the development, preparation, submission, or review of applications.(b) Awarded funds may be used only for capital improvements and may not be used for operating expenses, debt retirement, or recruitment or retention of practitioners.(c) Loans awarded will be made with an interest rate below the current market rate and may be made at no interest at the discretion of the department based upon the financial need and condition of the applicant.(d) Grant, loan and loan guarantee recipients must execute a contract with the department which will include the budget, reporting requirements, general provisions for department contracts, and any other specifics that might apply to the award.</content><note type="source"><p>Source Note: The provisions of this §30.203 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.220"><num value="30.220">§30.220</num><heading>Purpose</heading><content>(a) For purposes of the Medicare inpatient hospital prospective payment system (42 U.S.C. 1395ww), a prospective payment hospital located in an urban area may be reclassified as a rural hospital if it meets certain conditions. The Secretary will treat a hospital as being located in the rural area of the state in which the hospital is located if the hospital is located in an area designated as a rural area by state law or regulation, or the hospital is designated as a rural hospital by state law or regulation.(b) In accordance with §487.401, Texas Government Code, this division establishes the procedures under which the department will designate a hospital as a rural hospital in order for the hospital to qualify for federal funds under 42 CFR Part 412, "Prospective Payment Systems for Inpatient Hospital Services."</content><note type="source"><p>Source Note: The provisions of this §30.220 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.221"><num value="30.221">§30.221</num><heading>Criteria for Designation</heading><content>To be considered for designation as a rural hospital, a hospital must meet the following criteria:(1) is located in a county with a population density of less than 225 persons per square mile of land area; and(2) is located in a municipality of 15,000 persons or less.</content><note type="source"><p>Source Note: The provisions of this §30.221 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.222"><num value="30.222">§30.222</num><heading>Procedures for Designation</heading><content>(a) The department will accept a request for designation only by letter.(b) The request must include the following:(1) name of the hospital as it appears on its hospital license;(2) an explanation of how the hospital meets the criteria that constitute the basis of the request for designation set forth in §30.121 of this subchapter (relating to Definitions), including data and documentation necessary to support the request; and(3) signature of the chief administrative officer or chairperson of the hospital's board of directors.(c) The department will review each request and notify the requesting hospital of its final decision.(d) Once a hospital has received its designation as a rural hospital from the department, the hospital is responsible for applying directly to the Centers for Medicare and Medicaid Services for reclassification under Medicare provisions.</content><note type="source"><p>Source Note: The provisions of this §30.222 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.240"><num value="30.240">§30.240</num><heading>Purpose</heading><content>The Rural Communities Health Care Investment Program assists rural communities in recruiting health professionals to practice in medically underserved communities by providing loan reimbursement or stipends to health professionals who serve or agree to serve in those communities.</content><note type="source"><p>Source Note: The provisions of this §30.240 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.241"><num value="30.241">§30.241</num><heading>Eligibility and Application Requirements</heading><content>(a) Subject to available funding for this program, the department will publish a notice of fund availability and request for applications, which will include all necessary details about the program and application requirements. The application must be on the forms and in the format prescribed by the department.(b) To be eligible to apply for a loan reimbursement or stipend, an applicant must meet the following criteria:(1) is a health professional as defined in §487.551 of the Texas Government Code;(2) is a resident of the state of Texas;(3) does not have a service obligation to any entity or participate in any educational loan reimbursement program or other incentive program; and(4) meets other eligibility or program requirements specified in the guidelines and request for applications.(c) An educational loan is not eligible for reimbursement if it:(1) was a self-made educational loan from one's own insurance policy or pension plan or from the insurance policy or pension plan of a spouse or other relative;(2) involves a service obligation; or(3) is in default at the time of application.(d) Applications that are received after the closing date, incomplete or substantially inconsistent with the requirements of this division and the request for applications may be rejected without further consideration at the discretion of the department.</content><note type="source"><p>Source Note: The provisions of this §30.241 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.242"><num value="30.242">§30.242</num><heading>Application Review and Selection Criteria</heading><content>(a) Each application will be screened by the department for eligibility and completeness.(b) If needed, the department may invite advisors from outside the department to evaluate eligible applications. Advisors from outside the department shall receive no compensation or reimbursement for expenses. Advisors may not be a current or potential applicant for a grant on which the advisors would be making recommendations.(c) Applications are scored based on evaluation criteria which may include, but are not limited to, the following:(1) type of assistance (loan reimbursement or stipend);(2) ineligibility for any other state loan forgiveness, loan repayment, or stipend program;(3) graduation from health professional degree programs in Texas;(4) use of telecommunications or telemedicine, as appropriate;(5) commitment from a qualifying community served by the health professional to contribute to the cost of the loan reimbursement or stipend; and(6) community needs.(d) The department will prioritize the provision of loan reimbursements and stipends to health professionals who meet one or more criteria provided in subsection (c)(2) - (5) of this section.(e) Reviewer scores will be averaged and the highest scoring applications will be selected for funding.</content><note type="source"><p>Source Note: The provisions of this §30.242 adopted to be effective January 1, 2015, 39 TexReg 10395; amended to be effective January 28, 2018, 43 TexReg 451.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.243"><num value="30.243">§30.243</num><heading>Conditions of Award</heading><content>(a) A health professional may receive a loan reimbursement or stipend only if the health professional signs a contract agreeing to provide health care services in a medically underserved community for a period of at least 12 consecutive months.(b) Loan reimbursement and stipend recipients must comply with applicable state law, program requirements and grant terms, including but not limited to the following:(1) provide health care services in the qualifying community for the duration of the obligated service period;(2) provide health services to participants of government-funded health benefits programs in the qualifying community;(3) cooperate with the department in its efforts to collect information and data relevant to the program;(4) notify the department in writing within 30 days of any change in address or other relevant contact information during the contract term; and(5) submit periodic statements to the department certifying compliance with program and contractual requirements, in accordance with reporting timelines provided in the contract. Failure to comply with reporting requirements may result in the withholding of funds and/or termination of the award.(c) Funds will not be released to the recipient until the recipient has begun working in the qualifying community. Failure to satisfy all award terms will result in termination of the contract and required repayment to the department.</content><note type="source"><p>Source Note: The provisions of this §30.243 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.244"><num value="30.244">§30.244</num><heading>Breach of Contract</heading><content>(a) A health professional shall be in breach of contract if the health professional:(1) does not provide the required services in the qualifying community or provides those services for less than the required term; or(2) fails to meet any condition of the contract or this division.(b) A health professional found to be in breach of contract is liable to the department for:(1) the total amount of assistance the health professional received from the department and the medically underserved community;(2) interest on that amount at a rate set by the department;(3) the state's reasonable expenses incurred in obtaining payment, including a reasonable attorney's fees; and(4) a penalty as established by the department.(c) Interest assessed may be up to the highest rate allowed by law and shall commence with the date of the first disbursement.</content><note type="source"><p>Source Note: The provisions of this §30.244 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.260"><num value="30.260">§30.260</num><heading>Purpose</heading><content>The purpose of the Rural Physician Relief Program is to provide affordable relief services to rural physicians to facilitate the ability of those physicians to take time away from their practice.</content><note type="source"><p>Source Note: The provisions of this §30.260 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.261"><num value="30.261">§30.261</num><heading>Eligibility Requirements</heading><content>To be eligible to participate in the program, a physician must:(1) be practicing in the fields of general family medicine, general internal medicine, or general pediatrics; and(2) be practicing in a rural community as defined in §487.601, Texas Government Code.</content><note type="source"><p>Source Note: The provisions of this §30.261 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.262"><num value="30.262">§30.262</num><heading>Requirements for Requesting Relief Services</heading><content>(a) A physician requesting relief services will be required to submit an application to the department. The application must be on the forms and in a format prescribed by the department.(b) The department will review each application to determine program eligibility and to prioritize community need among applicants.(c) Physicians must pay a fee charged by the department to participate in the program.(d) A contract will be developed between the department and the physician requesting relief services, or the department will require a contract, with specified language, between the community physician and the relief physician.(e) The department will pay a relief physician a fair and equitable rate, using fees collected by the department, for providing relief services in a qualifying rural community.</content><note type="source"><p>Source Note: The provisions of this §30.262 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.280"><num value="30.280">§30.280</num><heading>Purpose</heading><content>The Rural Technology Center Grant Program provides assistance to public institutions of higher education, public high schools, and governmental entities located in a rural county in Texas for the development and operation of multi-institutional technology centers in order to increase community access to technology and promote computer literacy. Centers provide resources to prepare residents, including high school students, for careers in applied technology and other skilled industries.</content><note type="source"><p>Source Note: The provisions of this §30.280 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.281"><num value="30.281">§30.281</num><heading>Eligibility and Application Procedures</heading><content>(a) Subject to available funding for this program, the department will publish a notice of grant availability and request for applications, which will include all necessary details about the program and application requirements.(b) Public institutions of higher education, including public junior colleges to the extent possible, public high schools, or governmental entities in a rural county are eligible to apply to the program.(c) The department may specify any reasonable requirements for grant applications, including, but not limited to, length, format, authentication, and supporting documentation.(d) Applications that are late, incomplete or substantially inconsistent with the requirements of this division and the request for applications may be rejected without further consideration at the discretion of the department.(e) Each application will be reviewed by the department for completeness, relevance to the published request for applications, adherence to department policies, general quality, technical merit, and budget appropriateness.(f) The department may weigh scoring for factors including cost per beneficiary, distress, per capita income, unemployment, innovativeness, and matching or leveraged funds.</content><note type="source"><p>Source Note: The provisions of this §30.281 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.282"><num value="30.282">§30.282</num><heading>Contract Requirements</heading><content>(a) A grant recipient must execute a contract with the department, which includes, but is not limited to: term, budget, reporting requirements, general provisions for department contracts, and any other specific information that might apply to the award or be needed by the department.(b) Use of grants shall be restricted to the construction, equipment, utilities, and other items as specified by the department that are necessary for the ongoing maintenance and operation of the centers.</content><note type="source"><p>Source Note: The provisions of this §30.282 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.283"><num value="30.283">§30.283</num><heading>Monitoring, Reporting, and Compliance</heading><content>(a) Grant recipients shall cooperate with the department in compliance with the conditions of the grant and monitoring the use of the grants awarded.(b) Grant recipients shall submit periodic reports to the department, with content, form and time determined by the department.(c) Grant recipients shall maintain all records required by the department and applicable state laws.</content><note type="source"><p>Source Note: The provisions of this §30.283 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.300"><num value="30.300">§30.300</num><heading>Purpose</heading><content>(a) The Rural Physician Assistant Loan Reimbursement Program is established under the Physician Assistance Licensing Act, §204.104 of the Texas Occupations Code. The purpose of the program is to encourage qualified physician assistants to practice in rural health professional shortage areas and medically underserved areas in Texas where there is a high need for primary health care providers by providing student loan reimbursement for graduates of physician assistant training programs who practice in such areas.(b) The physician assistant board funds the program by designating annually a portion of the revenue generated from physician assistant licensing fees, and authorizing the Texas Medical Board to transfer annually the designated funds to the department to administer the program.</content><note type="source"><p>Source Note: The provisions of this §30.300 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.301"><num value="30.301">§30.301</num><heading>Eligibility Requirements</heading><content>(a) An educational loan is eligible for repayment if it was obtained through an eligible lender for purposes of attending a post-secondary institution.(b) An educational loan is not eligible for repayment if it:(1) was a self-made educational loan from one's own insurance policy or pension plan or from the insurance policy or pension plan of a spouse or other relative;(2) involves a service obligation; or(3) is in default at the time of the physician assistant's application.(c) An eligible lender or holder may include, and is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, pension fund, private foundation, or insurance company. An eligible lender or holder may not be any private individual.(d) To be eligible for loan reimbursement under this program, a physician assistant must meet the following criteria:(1) passed the certifying examination administered by the National Commission on Certification of Physician Assistants and is licensed to practice as a physician assistant in Texas by the Texas Medical Board;(2) has not been subject to professional disciplinary action by any state or federal licensing agency or any professional physician assistant association or society whether the society is local, regional, state, or national in scope;(3) has not been disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, or limitation of hospital privileges, or other disciplinary action;(4) satisfactorily completed an approved physician assistant training program within ten years prior to the date of application; and(5) completed a minimum of one period of service as a physician assistant in a health professional shortage area or medically underserved area in Texas.</content><note type="source"><p>Source Note: The provisions of this §30.301 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section><section identifier="/us/state/tx/tac/t4/p1/c30/scB/s30.302"><num value="30.302">§30.302</num><heading>Application and Selection Process</heading><content>(a) Subject to available funding for this program, the department will publish a notice of fund availability and request for applications, which will include all necessary details about the program and application requirements. The application must be on the forms and in the format prescribed by the department.(b) Applicants practicing in areas with the highest degree of shortage and/or lowest Index of Medical Services (IMU) score will be given priority.(c) Selected recipients will receive payments for reimbursement of eligible educational loans at a time specified by the department and under the following conditions:(1) total annual reimbursement to one or more eligible lenders or holders must not exceed the recipient's unpaid principal loan balance, including capitalized interest, from all sources, or a maximum of $5,000, whichever is less. Depending upon the availability of funds and the number of qualifying applicants, the department may establish an annual reimbursement amount below $5,000 per eligible recipient; however, the minimum total annual payment cannot be less than $2,500 per eligible recipient unless the recipient's total unpaid principal loan balance is below $2,500;(2) each period of service must be completed before reimbursement is made;(3) loan reimbursement may be renewed annually but for no more than a total of four periods of service and total maximum reimbursement amount of $20,000;(4) annual payment is made co-payable to the recipient and to the eligible lender(s) or holder(s) and applied only to the outstanding principal balance of the education loan, including capitalized interest; and(5) recipients are responsible for payment of any and all state and federal taxes to which this loan reimbursement is subject.</content><note type="source"><p>Source Note: The provisions of this §30.302 adopted to be effective January 1, 2015, 39 TexReg 10395.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t4/p2"><num value="2">PART 2</num><heading>TEXAS ANIMAL HEALTH COMMISSION</heading><chapter identifier="/us/state/tx/tac/t4/p2/c31"><num value="31">CHAPTER 31</num><heading>ANTHRAX</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c31/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c31/sc/s31.1"><num value="31.1">§31.1</num><heading>Diagnosis</heading><content>A veterinarian who makes a presumptive diagnosis that an animal may have died from anthrax shall immediately prepare a suitable specimen from the animal and submit it to the Texas Veterinary Medical Diagnostic Laboratory in College Station or Amarillo for examination. The specimen shall be accompanied by the name and address of the owner or caretaker of the animal and the location of the premises on which the animal died. Information describing the species of animal, any clinical symptoms, and number of mortalities is to be furnished.</content><note type="source"><p>Source Note: The provisions of this §31.1 adopted to be effective December 18, 1992, 17 TexReg 8286.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c31/sc/s31.2"><num value="31.2">§31.2</num><heading>Quarantine</heading><content>Upon laboratory confirmation of the disease by approved laboratory methods, the Texas Animal Health Commission (TAHC) shall establish quarantines upon infected and exposed animals and premises, advise the owner or caretaker how to properly dispose of carcasses, and require such treatment and vaccination as may be necessary to control and eradicate the disease. TAHC will notify the Texas Department of Health of the quarantine. Unless otherwise specified by TAHC, a quarantine will be released 10 days after vaccination of the herd with a product approved by TAHC and after proper disposal of carcasses as specified in §31.3 of this title (relating to Disposal).</content><note type="source"><p>Source Note: The provisions of this §31.2 adopted to be effective December 18, 1992, 17 TexReg 8286; amended to be effective April 4, 1999, 24 TexReg 2298.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c31/sc/s31.3"><num value="31.3">§31.3</num><heading>Disposal</heading><content>Any person who is the owner or caretaker of animals that have died from anthrax, or who owns or controls the land on which the animals have died, is responsible for assuring that the carcass of each animal is set on fire and burned until it is thoroughly consumed.</content><note type="source"><p>Source Note: The provisions of this §31.3 adopted to be effective December 18, 1992, 17 TexReg 8286; amended to be effective April 4, 1999, 24 TexReg 2298.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c32"><num value="32">CHAPTER 32</num><heading>HEARING AND APPEAL PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c32/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c32/sc/s32.1"><num value="32.1">§32.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Administrative Procedure Act, Texas Government Code, Chapter 2001.(2) Administrative Law Judge (ALJ)--A person designated by the State Office of Administrative Hearings (SOAH) to conduct proceedings pursuant to the Act.(3) Commission--The Texas Animal Health Commission.(4) Commissioner--A member of the commission appointed by the Governor.(5) Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the commission pursuant to the Act after an opportunity for adjudicative hearing.(6) Executive director--The executive director of the Texas Animal Health Commission.(7) Final order--The commission's final written disposition of a contested case, whether affirmative, negative, injunctive, or declaratory.(8) Party--A person or agency named or admitted as an applicant, complainant, petitioner, intervenor, protestant, or respondent in a proceeding before the commission.(9) Person--An individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.</content><note type="source"><p>Source Note: The provisions of this §32.1 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective February 15, 2024, 49 TexReg 633.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c32/sc/s32.2"><num value="32.2">§32.2</num><heading>Appeal of a Monetary Penalty for a Violation</heading><content>(a) Purpose. The purpose of this section is to provide a process by which an individual may appeal a notice of violation that includes an assessment of a monetary penalty for violation of law, rule of the commission, or order of the commission. This section does not apply to other orders or decisions issued by the commission or by the executive director. Nor does this section create a right to a contested case hearing not already conferred by statute.(b) A person receiving written notice from the commission of a monetary penalty for a violation may appeal by requesting a contested case hearing no later than 20 days from receipt of the notice. The request must comply with the following requirements:(1) be in writing;(2) state whether the request challenges the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; and(3) be submitted to the executive director at the commission's office in Austin at the address provided in the notice of violation.(c) If a timely request is made, the commission shall determine if a contested hearing is authorized under the relevant statutory provisions and rules. If so, the commission shall refer the matter to SOAH for a hearing.(d) The commission's complaint shall serve as the list of issues that must be addressed. Only those issues referred by the commission may be considered in the hearing. After the conclusion of a contested case hearing, the ALJ shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for decision about the occurrence of the violation and the amount of the proposed penalty in accordance with §2001.062 of the Texas Government Code and SOAH rules.(e) If a person receiving written notice of violation from the commission fails to timely respond to the notice, the commission shall refer the matter to SOAH for a hearing. The commission's complaint shall serve as the list of issues that must be addressed. Only those issues referred by the commission may be considered in the hearing. After the conclusion of a contested case hearing, the ALJ shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for decision about the occurrence of the violation and the amount of the proposed penalty in accordance with §2001.062 of the Texas Government Code and SOAH rules.</content><note type="source"><p>Source Note: The provisions of this §32.2 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective February 15, 2024, 49 TexReg 633.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c32/sc/s32.3"><num value="32.3">§32.3</num><heading>Appeal of Other Orders and Decisions</heading><content>(a) For appeals of orders and decisions of the executive director concerning brucellosis see §35.2(l) and §35.2(p) of this title (relating to General Requirements).(b) For appeals of orders and decisions of the executive director concerning fever ticks see §41.8(3) and §41.11 of this title (relating to Dipping, Treatment, and Vaccination of Animals and relating to Protest of designation of area or premise).(c) For appeals of orders and decisions of the executive director concerning tuberculosis see §43.2(k) of this title (relating to General Requirements).(d) For appeals of orders and decisions of the executive director concerning authorized personnel see §47.7 of this title (relating to Procedure for Suspension or Revocation).(e) For appeals of orders and decisions of the executive director concerning piroplasmosis see §49.6(g) of this title (relating to Piroplasmosis: Area or County Test).(f) For appeals of executive declarations of high risk disease movement restriction zones see §59.11(g) of this title (relating to Executive Declaration of a High Risk Disease Movement Restriction Zone).(g) For appeals of all other orders and decisions of the executive director not enumerated above, the following procedure applies:(1) A person receiving a written order or decision from the commission or executive director must file a notice of appeal no later than 15 days from receipt of the decision. The notice of appeal must be filed in writing with the executive director at the commission's office in Austin. The notice of appeal must attach copy of the order or decision being appealed and specifically state the issues for consideration on appeal.(2) If a timely request is made, the commission shall determine if a contested hearing is authorized under the relevant statutory provisions and rules. If so, the commission shall refer the matter to SOAH for a hearing.(3) After the conclusion of the hearing, the ALJ shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for a decision about the issues appealed in accordance with §2001.062 of Texas Government Code and SOAH rules.</content><note type="source"><p>Source Note: The provisions of this §32.3 adopted to be effective February 15, 2024, 49 TexReg 633; amended to be effective September 16, 2025, 50 TexReg 6009.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c32/sc/s32.4"><num value="32.4">§32.4</num><heading>Hearing Procedures</heading><content>(a) Hearings of contested cases referred to SOAH shall be conducted by an administrative law judge assigned by SOAH and in accordance with the Act, the rules of SOAH, and this chapter. SOAH shall acquire jurisdiction over a case when the commission completes and files a Request to Docket Case form, together with other pertinent documents giving rise to the contested case.(b) Discovery. The scope and form of discovery in a contested case shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders, and duty to supplement, as well as the constraints provided in the Act and rules of SOAH.(c) Evidence. The Texas Rules of Evidence as applied in a nonjury civil case in district court shall govern contested case hearings. The admissibility of evidence in a contested case shall be governed by the Act and by the rules of SOAH.(d) Burden of proof. A party seeking monetary damages or penalties shall bear the burden of proof. In all other instances, the party challenging a commission decision or action shall bear the burden of proof.(e) Transcript. Proceedings shall be recorded when requested by the ALJ, the commission, or by any party. The cost of preparing the transcript shall be assessed against and is to be paid by the party or parties requesting the transcription.</content><note type="source"><p>Source Note: The provisions of this §32.4 adopted to be effective February 15, 2024, 49 TexReg 633.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c32/sc/s32.5"><num value="32.5">§32.5</num><heading>Disposition of Contested Cases</heading><content>(a) In all cases referred to SOAH, the commission retains the right to make the final decision in a contested case. After the conclusion of a contested case hearing, the ALJ shall prepare and serve on the parties a proposal for decision that includes findings of fact and conclusions of law, modified as necessary by the ALJ to address any exceptions and replies timely filed in accordance with §2001.062 of the Texas Government Code and SOAH rules.(b) The executive director shall place the proposal for decision and a proposed final order on the commission's agenda for discussion and possible action at a subsequent meeting of the commission.(c) At a meeting of the commission where the proposed final order is set for discussion and possible action, public testimony is allowed. However, no further evidence shall be received or considered. The commission may, in its discretion, allow oral arguments.(d) The commission may, on its own motion, remand to SOAH for any additional fact finding it determines is necessary, or the commission may change a finding of fact or conclusion of law made by the ALJ for any reason enumerated in §2001.058(e) of the Texas Government Code. If the commission determines that the findings of fact and conclusions of law are supported by the evidence, the commission shall issue a final order by a majority of those present or by a majority of the quorum, whichever is greater. The commission shall adopt findings of fact and conclusions of law which shall be part of the commission's final order. Findings of fact shall be based exclusively on the evidence or on matters officially noticed.(e) Disposition by Default.(1) In contested cases where the party not bearing the burden of proof at the hearing fails to appear, the ALJ may issue an order finding that adequate notice has been given, deeming factual allegations in the notice of hearing admitted, conditionally dismissing the case from the SOAH docket, and conditionally remanding the case to the commission for disposition by default as permitted by Texas Government Code, §2001.056 and §2001.058(d-1).(2) Pursuant to 1 TAC §155.501(e), the defaulting party shall be provided with adequate notice of the conditional order and an opportunity to set aside the default. If no motion to set aside is granted, the conditional order of dismissal and remand becomes final.(3) When the order of dismissal and remand is final, the executive director shall prepare a proposed order for the commission's action containing findings of fact as set forth in the notice of hearing, conclusions of law, and granting the relief requested. The matter shall be placed on the commission's agenda for discussion and possible action at a subsequent meeting. Although public testimony is allowed, no further evidence shall be received or considered. The commission may, in its discretion, allow oral arguments.(f) Upon rendition of the commission's final order, parties adversely affected may file a motion for rehearing in accordance with the Act and the rules of SOAH. Judicial review will be by district court in Travis County, in accordance with the Act.</content><note type="source"><p>Source Note: The provisions of this §32.5 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective February 15, 2024, 49 TexReg 633.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c33"><num value="33">CHAPTER 33</num><heading>FEES</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c33/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c33/sc/s33.1"><num value="33.1">§33.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Fee--A charge for a service, activity or a program provided by the Texas Animal Health (commission) to protect and promote the health of Texas animal agriculture. All fees due to the Commission must be mailed to the Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711-2966, or paid through other means as identified by the Commission within 30 calendar days.(2) Inspection--Ensuring all requirements related to testing, official animal identification, biosecurity standards, recordkeeping, and other applicable regulations for all animals are met.</content><note type="source"><p>Source Note: The provisions of this §33.1 adopted to be effective October 11, 2011, 36 TexReg 6718; amended to be effective October 21, 2021, 46 TexReg 7039.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c33/sc/s33.2"><num value="33.2">§33.2</num><heading>Certificate of Veterinary Inspection</heading><content>(a) All veterinarians, licensed and accredited in Texas, that utilize a Certificate of Veterinary Inspection (CVI) for livestock, exotic livestock, domestic fowl or exotic fowl shall use a current CVI issued or approved by the commission on or after September 1, 2005.(b) The commission will assess a fee of $7.00 for each CVI. Paper CVIs will be sold in books of ten certificates per book for a total of $70.00.(c) CVIs may be obtained electronically, by written request accompanied by a check or money order, or by phone paid for with an accepted credit card for the full amount to cover the requested number of CVIs. A written request shall be mailed to Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711-2966. Phone orders may be made by calling 1-800-550-8242. Electronic orders may be placed at: https://www.tahc.texas.gov/cvi/cvi.html.(d) For a list of commission-approved CVIs, visit https://www.tahc.texas.gov/cvi/cvi.html.</content><note type="source"><p>Source Note: The provisions of this §33.2 adopted to be effective February 5, 2013, 38 TexReg 492; amended to be effective October 21, 2021, 46 TexReg 7039.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c33/sc/s33.3"><num value="33.3">§33.3</num><heading>Inspection of Foreign Cattle Fee</heading><content>(a) All cattle originating from foreign countries may be inspected at the first point of destination or any mutually agreed upon location in Texas within 7 days of entry. The owner or caretaker must submit a fee to the commission within 30 calendar days of arrival, in accordance with the schedule provided in subsection (b) of this section. An inspection may include, but is not limited to, compliance with test requirements, verification of animal identification, and evaluation of biosecurity standards or other standards prescribed by the commission.(b) $1.00 for every animal.</content><note type="source"><p>Source Note: The provisions of this §33.3 adopted to be effective October 11, 2011, 36 TexReg 6718; amended to be effective October 21, 2021, 46 TexReg 7039.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c33/sc/s33.4"><num value="33.4">§33.4</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §33.4 adopted to be effective October 21, 2021, 46 TexReg 7039.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c34"><num value="34">CHAPTER 34</num><heading>VETERINARY BIOLOGICS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c34/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c34/sc/s34.1"><num value="34.1">§34.1</num><heading>Definitions</heading><content>The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commission--Texas Animal Health Commission (TAHC).(2) Executive director--The executive director of the commission.(3) Recognized laboratory--A laboratory recognized by the executive director for purposes of this chapter.(4) USDA, APHIS, VS--The United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.(5) Veterinary biologics include, but are not limited to--(A) viruses, serums, toxoids, allergins, toxins (excluding substances that are selectively toxic to microorganisms, e.g. antibiotics), and analogous products of natural or synthetic origin;(B) products synthesized or prepared from any type of genetic manipulation, such as diagnostics, reagents, antitoxins, vaccines, bacterins, live microorganisms, killed microorganisms, and genes or genetic sequences; and(C) the antibodies, antitoxins, immunostimulants, and antigenic or immunizing components of microorganisms, intended for use in the diagnosis, treatment, or prevention of diseases in animals.</content><note type="source"><p>Source Note: The provisions of this §34.1 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective March 21, 1999, 24 TexReg 1767.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c34/sc/s34.2"><num value="34.2">§34.2</num><heading>General Requirements</heading><content>(a) Importation. Veterinary biologics produced under a regular license issued by the USDA, APHIS, VS may be imported into the State of Texas, however, prior to initial importation of any licensed veterinary biologic for sale, use, or distribution within the state, written approval of the executive director is required. The executive director may allow the importation of unlicensed or conditionally licensed veterinary biologics when it is determined necessary for the protection of humans or domestic animals or for research purposes.(b) Restriction of biologics for disease control.(1) Rabies vaccines shall be sold, distributed, and administered as prescribed by Chapter 826, Health and Safety Code, and rules adopted by the Texas Board of Health.(2) All veterinary biologics used to control or diagnose any of the following diseases listed in subparagraphs (A)-(K) of this paragraph are restricted:(A) brucellosis;(B) equine infectious anemia;(C) equine viral arteritis;(D) hog cholera;(E) laryngotracheitis;(F) Mycoplasma gallisepticum (MG);(G) paratuberculosis;(H) pseudorabies;(I) tuberculosis;(J) vesicular stomatitis.(3) Restricted veterinary biologics may be purchased, administered, or otherwise used under the following conditions listed in subparagraphs (A)-(C) of this paragraph.(A) Laryngotracheitis (LT) chick embryo origin vaccine may be used upon tentative or confirmed diagnosis by a recognized laboratory and pursuant to a written agreement between the commission and the flock owners in a designated area.(B) Mycoplasma gallisepticum (MG) attenuated vaccine may be used upon confirmed diagnosis by a recognized laboratory, and where a written permit for its use has been issued by the commission. MG vaccine may be used without restriction following approval outlined in subsection (a) of this section.(C) Other restricted veterinary biologics may be purchased, administered, or otherwise used:(i) under the direct supervision of licensed veterinarians;(ii) by employees of the commission or USDA;(iii) by research agencies or laboratories as authorized by the commission;(iv) in emergency disease control programs as authorized by the commission; or(v) for other limited purposes authorized by the commission and not likely to pose a threat to public health or to the health of animals.(c) Solicitation of information. The commission may solicit information and recommendations on the following topics listed in paragraphs (1)-(4) of this subsection prior to approving a veterinary biologic for sale, use, or distribution within the state:(1) known effectiveness of the biologic;(2) to what extent the disease for which the veterinary biologic is used or intended to be used is present in this state;(3) degree of isolation of the affected animals and area; and(4) any other factor which may constitute a hazard to animal or public health in this state.(d) Reporting. Any person using a veterinary biologic shall report to the commission any suspected or actual disease outbreak or adverse reaction that occurs in connection with use of the veterinary biologic.(e) Petition for review. Any person or entity may petition the commission for a review of the sale and distribution of a veterinary biologic.(f) Appeal. Any person or other entity that receives an adverse decision by the executive director on a request to sell, distribute, or use veterinary biologics in this state may appeal such decision pursuant to the provisions of the Administrative Procedure Act.</content><note type="source"><p>Source Note: The provisions of this §34.2 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective March 21, 1999, 24 TexReg 1767.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c35"><num value="35">CHAPTER 35</num><heading>BRUCELLOSIS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c35/scA"><num value="A">SUBCHAPTER A</num><heading>ERADICATION OF BRUCELLOSIS IN CATTLE</heading><section identifier="/us/state/tx/tac/t4/p2/c35/scA/s35.1"><num value="35.1">§35.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Adjacent herds--A herd of cattle or bison that occupies a premise that lies within one mile of a "herd known to be affected." (2) Affected herd--Any herd in which any cattle have been classified as a reactor or suspect and which has not completed the requirements of the individual herd plan. (3) Approved brucella vaccine--A product that is produced under license of the USDA and used in accordance with the current guidelines of USDA for its use in cattle to enhance their resistance to brucellosis. (4) Approved personnel--Texas Animal Health Commission inspectors and veterinarians; Federal Animal Health technicians and veterinarians; accredited Texas veterinarians; and others who have been approved to do those assigned duties as described in these regulations for brucellosis control and eradication. (5) Auction--A public sale of cattle. (6) Auctioneer--A person who sells or makes a business of selling cattle at auction. (7) Brucellosis (Bang's Disease contagious abortion)--For purposes of this regulation, brucellosis is a contagious, infectious disease of cattle, sheep, goats, horses, and swine caused by bacteria of the genus brucella. (8) Cattle--All dairy and beef animals (genus Bos) and bison (genus Bison). (9) Class "Free" area--An area of two or more contiguous counties which has remained free from field strain brucella abortus infection for 12 months or longer. A 12 months adjusted MCI reactor prevalence rate not to exceed one reactor per 2,000 cattle tested (0.050%) must be maintained. (10) Class "A" area--An area of two or more contiguous counties which has an accumulated 12 months herd infection rate due to field strain brucella abortus that does not exceed 0.25% or 2.5 herds per 1,000 and must maintain a 12 months adjusted MCI reactor prevalence rate not to exceed one reactor per 1,000 cattle tested (0.100%). (11) Class "B" area--An area of two or more contiguous counties which has an accumulated 12 months herd infection rate due to field strain brucella abortus that does not exceed 1.5% or 15 herds per 1,000. A 12 months adjusted MCI reactor prevalence rate not to exceed three reactors per 1,000 cattle tested (0.30%) must be maintained. (12) Commission--The Texas Animal Health Commission. (13) Commission firm--A person, partnership, other legal entity, or corporation which buys and sells cattle as a third party and who reports to the seller and to the buyer details of the transactions. This includes any such person or group whether or not a fee is charged for the service. (14) Commuter herd--A herd of cattle located in two or more states that is documented as a valid ranching operation by those states in which the herd is located and which requires movement of cattle interstate from a farm of origin or returned interstate to a farm of origin in the course of normal ranching operations, without change of ownership, directly to or from another premise owned, leased, or rented by the same individual. An application for "commuter herd" status must be signed by the owner and approved by the states in which the herd is located. This status will continue until canceled by the owner or one of the signatory states. (15) Dealer-- (A) Any person engaged in the business of buying or selling cattle in commerce on his own account, as an employee or agent of the vendor, the purchaser, or both, or on a commission basis. (B) The term shall not include a person who buys or sells cattle as part of his own bona fide breeding, feeding, dairy, or stocker operations but does include livestock markets and commission merchants. (16) Designated Pens--A set of pens in a feedlot under a plan of restricted movement, approved jointly by Animal and Plant Health Inspection Service, Veterinary Services, and the Commission in which all cattle are classified as exposed to brucellosis. The pens may be pre-approved, but the approval period will begin with initial arrival of the exposed cattle. The Designation will be automatically renewed every 12 months if requirements specified in these regulations and the approved agreement continue to be met by the feedlot. The status will continue until: (A) the feedlot requests deactivation; or (B) the Commission determines the status should be eliminated because of the feedlot's failure to comply with the Designation Agreement or these regulations; or (C) changes in Federal or State law or regulations require elimination of or change in the status. (17) Epidemiologist--A veterinarian who has received a degree in epidemiology and is employed by the commission or USDA, APHIS, VS. (18) Executive director--The chief executive officer of the Texas Animal Health Commission appointed by the commissioners and authorized to act for the commissioners in the absence of the chairman. (19) Exempt Cattle (from testing requirements)--Cattle that have been physically rendered sterile for breeding. (20) Exposed cattle--Cattle that are part of an affected herd or cattle that have been in contact with reactors in marketing channels for periods of 24 hours; and periods of less than 24 hours if the reactor has recently aborted, calved, or has a vaginal or uterine discharge. These cattle shall be classified as exposed regardless of any blood test results. (21) Feedlot--A confined drylot area for finish feeding of cattle on concentrated feed with no facilities for pasturing or grazing. All cattle in a feedlot are considered a "herd" for purposes of these regulations. (22) Herd-- (A) All cattle under common ownership or supervision or cattle owned by a spouse that are on one premise; or (B) All cattle under common ownership or supervision or cattle owned by a spouse on two or more premises that are geographically separated, but on which the cattle have been interchanged or where there has been contact among the cattle on the different premises. Contact between cattle on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiological investigation are consistent with the lack of contact between premises; or (C) All cattle on common premises, such as community pastures or grazing association units, but owned by different persons. Other cattle owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiological investigation establishes that cattle from the affected herd have not had the opportunity for direct or indirect contact with cattle from that specific premises. Quarantined feedlots and quarantined pastures are not considered to be herds. (23) High risk herd--A herd that is epidemiologically judged by a state-federal veterinarian to have a high probability of having or developing brucellosis. A high risk herd need not be located on the same premise as an infected or adjacent herd. (24) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status. (25) Individual herd plan--A herd disease management and testing plan to prevent, control, and eliminate brucellosis in a herd of cattle. (26) Market cattle identification--The process of individually identifying cattle on change of ownership by backtag or eartag issued by USDA showing their herd of origin. (27) Official backtag--A United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) approved identification backtag that conforms to the national uniform tagging system. It uniquely identifies each individual animal with alpha-numeric identification. The official backtag may not be reused on another animal. (28) Official eartag--A Veterinary Services approved identification eartag (metal, plastic, or other) that conforms to the nine-character alpha-numeric National Uniform Eartagging System. It uniquely identifies each individual animal with no duplication of the alpha-numeric identification, regardless of the materials or colors used. The term includes the special orange-colored eartag series used to identify calfhood vaccinates. The official eartag may not be removed from the animal. (29) Official Vaccinate-- (A) Calfhood Vaccinate: Female cattle (dairy and beef) vaccinated between four and 12 months of age with an approved Brucella vaccine. (B) Adult Vaccinate: Female cattle that have been blood tested negative within ten days prior to vaccination and vaccinated at an age over the ages given in subparagraph (A) of this paragraph with an approved dose of Brucella vaccine as part of a whole herd vaccination plan. (30) Parturient--Visibly prepared to give birth or within two weeks of giving birth. (31) Permit--A document adopted by the commission with specified conditions relative to movement, testing and vaccinating of cattle which is required to accompany the cattle entering, leaving or moving within the State of Texas. (A) "E" permit--Premovement authorization for entry of cattle into the state by the Texas Animal Health Commission. The "E" permit states the conditions under which movement may be made, and restrictions and test requirements after arrival. (B) "S" permit--A premovement authorization for exposed, suspect or nontested cattle in marketing channels having restricted destination. (C) "B" permit (VS Form 1-27)--A premovement authorization for movement of reactor cattle in marketing channels moving to slaughter. (32) Postparturient--Having already given birth. (33) Premise--An area defined by the outermost boundary of land under common ownership or control enclosed by a perimeter fence or other boundary. A premise may consist of more than one pasture. (34) Priority Herd--Exposed herd from which a reactor has been classified, infected herd, or adjacent herd. (35) Quarantined feedlot--A feedlot under a plan of restricted movement, approved jointly by Animal and Plant Health Inspection Service, Veterinary Services and the commission in which all cattle except steers and spayed heifers are classified as exposed to brucellosis. (36) Quarantined pasture--A designated confined area for limited grazing under a plan of restricted movement approved jointly by Animal and Plant Health Inspection Service, Veterinary Services and the commission. All cattle except steers and spayed heifers shall be classified as exposed to brucellosis. All cattle permitted to a quarantined pasture must originate from a Texas farm or ranch and move directly to a quarantined pasture or through a Texas market to a quarantined pasture. (37) Reactor--Cattle classified as being infected with brucellosis as a result of serological testing or microbiological culturing of blood, tissue, secretions, or excretions from the animal. (38) Spayed Heifer--A United States origin heifer which has been neutered by an accredited veterinarian and identified with an official eartag and hot iron brand applied high on the left hip near the tailhead with an open spade design not less than three inches high. The heifer shall be identified on a TAHC Spaying Certificate form completed by an accredited veterinarian or a Texas Animal Health Commission representative. Each spayed heifer imported into the United States from Mexico shall be identified with a distinct, permanent, and legible "Mx " mark applied with a freeze brand, hot iron, or other method prior to arrival at a port of entry, unless the spayed heifer is imported for slaughter. The "Mx " mark shall be not less than 2 inches nor more than 3 inches high, and shall be applied to each animal's right hip, high on the tailhead (over the junction of the sacral and first coccygeal vertebrae. Attached Graphic(39) Suspect--Cattle classified as suspicious of being infected with brucellosis as a result of serological testing of blood, secretions, or excretions from the animal. (40) Tested herd--Herd of cattle located in a noncertified area for which a state has records showing that the herd has been subjected to official testing for brucellosis in accordance with the procedures for herd tests within 12 months prior to movement and that the herd is not known to be affected with brucellosis. (41) Test-Eligible Cattle in other than Priority Herds--All cattle 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers. (42) Test-Eligible Cattle in Priority Herds--All sexually intact female cattle four months of age and older and all bulls 18 months of age and older. (43) Traceback of reactors--The epidemiological procedure in locating the premise or premises and the cattle that have been in contact with the reactor during a specified period of time.</content><note type="source"><p>Source Note: The provisions of this §35.1 adopted to be effective September 27, 1983, 8 TexReg 3616; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective February 15, 1988, 13 TexReg 602; amended to be effective September 20, 1989, 14 TexReg 4469; amended to be effective December 31, 1989, 14 TexReg 6547; amended to be effective May 20, 1991, 16 TexReg 2469; amended to be effective November 1, 1993, 18 TexReg 7156; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective July 22, 1994, 19 TexReg 5475; amended to be effective May 31, 1995, 20 TexReg 3325; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effectiveMarch 1, 1996, 21 TexReg 865; amended to be effective April 16, 1997, 22 TexReg 3397; amended to be effective February 5, 1998, 23 TexReg 739; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective December 24, 2000, 25 TexReg 12376.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scA/s35.2"><num value="35.2">§35.2</num><heading>General Requirements</heading><content>(a) Testing of blood and semen. (1) All tests shall be made by approved personnel only as the basis for compliance with these regulations. (2) All tests must be confirmed by a state-federal laboratory as the basis for compliance with these regulations. Non-quarantined cattle may be moved based upon the card test results. All samples initially tested at other than state-federal laboratories shall be submitted (mailed) within 48 hours of collection and confirmed at the state-federal laboratory. (3) When a discrepancy occurs between test results of the state-federal laboratory and those of the person who originally tested the animal(s), the entire consignment, shipment, or herd will be traced and held pending results of a retest on the animal(s) with the discrepancy. (4) Samples for all retest purposes will be collected by accredited veterinarians that are approved by the Commission to perform brucellosis program duties, or by commission or APHIS personnel and submitted to the state-federal laboratory for confirmation testing. An epidemiologist may designate those cattle that do not require a test. The herd of origin, as well as the herd in which the animal(s) is presently located, will be affected by the test results of the state-federal laboratory. The state-federal laboratory initial test results will prevail if the traced animal cannot be positively identified or if it has been slaughtered and cannot be retested. (5) When the state-federal laboratory is unable to confirm results of a test because of insufficient serum, hemolyzed blood, or broken tubes, the commission may require a trace and retest of the animals not confirmed. (6) When the commission has reason to believe the tests are controversial, contested, or disputed, it may require that its personnel be present at the time of blood collection and testing as a basis for compliance with these regulations. In such case, the commission shall notify the herd owner prior to the test. (b) Classification of cattle. Cattle shall be classified by approved personnel by an evaluation of titer responses for all cattle to serological tests, or by identification of Brucella abortus in specimens taken from these cattle. The following serological tests may be used for the classification of cattle. (1) Card test. The card test (buffered Brucella is a test antigen) that may be used to classify cattle as suspects. Results of the card test may be used with other test results conducted in the state-federal laboratory to aid in the classification of cattle as reactors. The card test may be used as a test to classify cattle as reactors on written approval of the owner or his agent. The owner or his agent's signature on test charts prior to "B" branding will be accepted as approval. Card tests may be used to classify cattle negative on surveillance samples collected at slaughter, on routine samples collected on farms, at livestock markets, and on tests of suspicious and affected herds. (2) Manual Complement fixation test. The manual complement fixation test is an official test when it is conducted at the cooperative state-federal brucellosis laboratory using recognized methods. (A) Interpretation of the manual CF test results. Attached Graphic(B) Interpretation of test result codes. The following codes are utilized by the laboratory to represent the corresponding test results: Attached Graphic(3) Rivanol test. The rivanol test is an official test when conducted in cooperative state-federal brucellosis laboratories. Vaccinated cattle tested under the MCI program that show complete agglutination at dilutions of 1:25 or greater must be reported as MCI reactors for the purpose of state or area classification. (A) Interpretation of rivanol test results. Attached Graphic(B) Interpretation of test result codes. The following codes are utilized by the laboratory to represent the corresponding test results: Attached Graphic(4) Brucellosis Milk Surveillance Test (BMST). The brucellosis milk surveillance test, conducted by methods approved by USDA-APHIS-VS, is a test that may be used to classify herds or cattle as suspected of being infected with brucellosis. (5) Buffered acidified plate antigen test. Buffered acidified plate antigen tests may be used to classify cattle as negative on MCI samples collected at slaughter and at livestock markets. This test may also be used in state-federal laboratories for routine samples collected on farms. (6) Rapid screening test (RST). The RST may be used as a test for classifying cattle as negative in state-federal laboratories. (7) Standard tube agglutination test (STT) or standard plate agglutination test (SPT). The blood or semen titers of cattle and bison tested by the STT or SPT methods are interpreted in the following ways: Attached Graphic(8) Particle concentration fluorescence immunoassay (PCFIA) test. May be used to determine the brucellosis disease status of test-eligible cattle and bison when conducted by methods approved by USDA, APHIS, VS. When used as a supplemental test on card-positive Strain 19 vaccinated dairy cattle, a negative PCFIA result will allow them to be classified as negative for intrastate movement only. (9) Concentration immunoassay test (CITE). Used as a supplemental test in market channels where cattle have been disclosed as positive by use of the card test. CITE positive animals will be considered as reactors and the remainder of the consignment be considered as exposed and moved in accordance with subsection (i)(2) of this section. (10) New tests under research. Laboratory tests approved by the executive director are authorized to be used in conjunction with tests listed in this subsection for evaluation of their future usefulness in the program. (c) Reclassification of reactors. Cattle initially classified reactors may be reclassified provided a complete epidemiological investigation of the herd is conducted and there is no evidence of field strain Brucella abortus infection or exposure thereto. (d) Requirements for a herd test. (1) Test eligibility. (A) Priority herds--All sexually intact female cattle four months of age and older and all bulls 18 months of age and older. (B) Other than priority herds--All cattle that are parturient or post parturient or 18 months of age and older except steers and spayed heifers. (2) Calfhood vaccination requirements. All female cattle between four and 12 months of age in affected herds must be vaccinated at the time of testing. (3) Identification requirements. All cattle tested shall be identified with either an official eartag, an individual registration tattoo, or individual registration brand. All cattle in priority herds except steers, spayed heifers, and bulls under 18 months must be officially identified regardless of test eligibility. (e) Requirements of a market test. (1) All cattle 18 months of age and over except steers and spayed heifers shall be tested unless they were tested within the previous 30 days and: (A) are accompanied by a test document approved by the commission; and (B) identified with official eartag; and (C) either identified with legible individual brand, bangle tag, chalk number, or backtag with this identification shown on a test document; or each animal examined so that the eartag can be matched to the test document. (2) Each animal(s) tested at the market shall be identified by official eartag and official backtag. (3) The market shall supply the following information to the accredited veterinarian prior to conducting the card test for inclusion on the VS Form 4-54 after results of the test are known: (A) full name, street address and/or route address, and zip code of the owner of the cattle at the time cattle are delivered to the market; (B) backtag number, with prefix, for each head of cattle. (4) The veterinarian shall not conduct the card test prior to receiving the name and address of the owner from the market. (5) At time of testing of the cattle, the following additional information is required to be included on the VS Form 4-54. (A) eartag number (list all nine characters); (B) date of test; (C) full name and address of the market; (D) tester's card test permit number; and (E) signature of the person who tested the cattle. (6) The veterinarian interpreting the card test results shall, at the time of testing, immediately report any and all positive test results to the state-federal market inspector by means of the completed VS Form 4-54. (7) Cattle which show a positive reaction to the card test shall have another blood sample collected from them by an inspector. The inspector will conduct another card test and the CITE test or deliver the sample to a laboratory for a PCFIA test. If negative to the CITE or PCFIA tests, Strain 19 vaccinated dairy cattle shall be classified negative for intrastate movement only and marked on the hip with yellow paint. If negative to the CITE or PCFIA tests, beef cattle and non-Strain 19 vaccinated dairy cattle shall be classified as suspect(s) and may be permitted to return to the premises of origin under hold order for retest or be "S"-branded and permitted to slaughter or to a quarantined feedlot or designated pen. In either case, the remainder of the consignment may move unrestricted. Samples tested with the CITE test shall then be submitted to a state/federal laboratory in a vacutainer for supplemental testing and accompanied by a completed Form 91-28 which lists only the card positive cattle. (f) Requirements of a slaughter test. Slaughter plants operating in Texas shall collect blood from all cattle 18 months of age and over except steers and spayed heifers and finish fed cattle under 36 months of age. All blood samples collected at slaughter shall be submitted to a state-federal laboratory. Identification of the cattle in relation to the sample shall be maintained so that reactors or suspects may be traced to their herd of origin. The following collection procedures shall be followed: (1) Blood samples shall be collected from each animal in tubes numbered in sequence for each day's kill and placed in innercell mailing cartons furnished by USDA. (2) The samples shall be listed in numerical order on the USDA Test Record, Market Cattle Testing Program Form (VS 4-54). All man-made identification devices such as backtags, eartags, and bangle tags for each animal shall be recorded on the VS 4-54 in the appropriate columns to the corresponding blood sample. (3) Known brucellosis reactors shall be identified on the VS 4-54 by entering "FR" in the test interpretation column. (4) The full name and address of each person or firm from which each animal was secured shall be recorded on the VS 4-54 and daily kill sheets. Test records shall show the slaughter plant name and address, the date of collection (kill date), and the signature of collector. (5) The blood samples with the complete VS 4-54 and daily kill sheets shall be promptly submitted to the appropriate state-federal laboratory. (6) If cattle are delivered by someone other than the slaughterer or the slaughterer's agent, the license plate number of the vehicle delivering the cattle shall be recorded on slaughter records and made available to commission personnel upon request. (g) Retest of reactors. Reactors in markets or initial tests on farms and ranches will be retested at the owner or his agent's request; provided this request is within five days of his notification of the original blood test results and prior to identification of the reactors by "B" brand and eartag. Retest of reactors will be accomplished within five days of approval for retest in dairies and 10 days of approval for retest in beef herds. Reactor animals will be isolated from other cattle while awaiting retest. Animals classified as reactors on the retest will be branded within 48 hours of classification. Retesting of reactors on subsequent tests of the herd will be as provided for in the herd plan. (h) Identification of brucellosis affected cattle. (1) Reactor cattle. All reactor cattle shall be permanently identified within 15 days of classification by hot iron branding with the letter "B" (at least two by two inches), placed high on the left hip near the tailhead. An approved reactor tag shall be placed in the left ear. Identification shall be prior to movement. (2) Exposed Cattle. All exposed cattle moving to a quarantined feedlot, designated pen, quarantined pasture, or to slaughter shall be identified by branding with a hot iron the letter "S" (at least two by two inches) placed high on the left hip near the tailhead. Identification shall be prior to movement, except exposed cattle on the premise of origin may be "S" permitted to a livestock market where they shall be identified by "S" brand upon arrival. Exposed cattle returned from the livestock market to the herd of origin are exempt from such identification. (3) Suspects. Cattle classified as suspects in markets will be identified as exposed cattle. (i) Movement of cattle classified as reactors, exposed or suspects. There shall be no diversion from the permitted destination. When moved, the cattle must be maintained separate and apart from all other classes of livestock in pens reserved for this purpose at livestock markets or trucking facilities. These pens must be thoroughly cleaned and disinfected before reuse. (1) Reactors. Reactors shall remain on the premises where disclosed until a "B" permit for movement to immediate slaughter has been obtained. Movement for immediate slaughter must be to a slaughtering establishment where federal or state meat inspection is maintained or to a livestock market for sale to such slaughtering establishment. (2) Exposed cattle. All exposed cattle moving from a premise of origin or from a livestock market to a quarantined pasture, designated pen, quarantined feedlot, or to immediate slaughter shall remain on the premise where disclosed until an "S" permit VS Form 1-27 for movement has been prepared by a TAHC Representative and signed by the person or other legal entity moving the cattle. The completed "S" permit shall accompany the shipment of cattle to the permitted destination. Movement for immediate slaughter must be to a slaughtering establishment where Federal or State meat inspection is maintained or to a livestock market for sale to such slaughtering facility. (3) Suspects. Suspects will be moved the same as exposed cattle, except at a livestock market in a consignment of otherwise negative cattle from a producer's herd of origin where the suspect is card positive on the presumptive test and negative to supplemental tests, cattle may move as follows: (A) For beef cattle and non-Strain 19 vaccinated dairy cattle, the owner shall either: (i) return the suspect under hold order to the herd of origin until: (I) the suspect is negative to the card test, in which case the hold order will be released; or (II) the suspect is classified as a reactor, in which case it must be disposed of as described in subsection (j) of this section; or (ii) sell the suspect to a quarantined feedlot, designated pen, quarantined pasture, or to slaughter, identified with an "S" brand and a 1-27 permit. (B) For Strain 19 vaccinate beef cattle, the owner shall either: (i) return the suspect under hold order to the herd of origin until: (I) the suspect is negative to the card test, in which case the hold order will be released; or (II) the suspect is declared a stabilized suspect by an epidemiologist after subsequent testing conducted in not less than 30 days after the positive card test was conducted; or (III) the suspect is classified as a reactor, in which case it must be disposed of as described in subsection (j) of this section; or (ii) sell the suspect to a quarantined feedlot, designated pen, quarantined pasture, or to slaughter, identified with an "S" brand and a 1-27 permit. (j) Immediate slaughter of reactors. Reactor cattle shall be sold for immediate slaughter and removed from the premise under "B" permit within 15 days from the date of identification for beef cattle and within seven days from the date of identification for dairy cattle. Movement for immediate slaughter shall be to a slaughtering establishment where Federal or State inspection is maintained or to a livestock market for sale to such a slaughtering establishment. When it has been determined by the Executive Director that a specific reactor or reactors present a significant risk of spread of brucellosis, those specific animals must move direct to slaughter and may not be moved to a livestock market. (k) Removal of heifer calves from quarantined herds. Heifers born in an infected herd shall be removed from the herd immediately after they are weaned and kept as a separate heifer herd under quarantine, or moved to market with "S" permit to be "S" branded, or "S" branded and permitted prior to movement to a quarantined pasture, designated pen, quarantined feedlot, or slaughter. (l) Requirements following classification of a dairy or a beef animal or a bison as a reactor or a suspect. (1) The herd of which the reactor or the suspect was a part shall be placed under quarantine or hold order. When brucellosis infection is diagnosed in a herd, a quarantine will be placed on the herd. Any herd with fence line or across the road contact with the quarantined herd will be evaluated by a USDA or TAHC epidemiologist who will determine whether the herd should be placed under hold order. Other adjacent or high risk herds may be placed under hold order. (2) All cattle in the herd except steers and spayed heifers are included in the quarantine or hold order. Any movement of quarantined cattle shall conform to subsections (h) and (i) of this section concerning identification and movement of reactor, exposed, or suspect cattle. Release of the quarantine will be as described in paragraph (7) of this subsection. (3) An initial test of the herd which contained the reactor(s) or the suspect(s) and/or any other affected, adjacent or high risk herds will be conducted in accordance with subsection (d) of this section within a specified time set by state-federal personnel upon consultation with each herd owner unless waived by epidemiologist. If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the time for testing may be set without consultation with the herd owner. (4) The results of the initial herd test of the herd which contained the reactor(s) or the suspect(s) and/or any other affected, adjacent or high risk herds will be used to determine the need for, and development of an individual herd plan for prevention or elimination of brucellosis in that herd. The plan shall be developed by a State-Federal veterinarian of the brucellosis control program in consultation with the herd owner or caretaker and his veterinarian (if so requested by the owner). The plan developed by the Commission shall be final and the owner or caretaker will be provided a copy. Any proposed herd plan which has identified special management requirements will be reviewed by a State-Federal epidemiologist who will either support or modify the plan. A regional epidemiologist may waive vaccinating cattle over twelve months of age in infected herds. The terms and conditions of a herd plan may be amended in writing by the Commission upon good cause. (5) The plan will consist of the following. (A) Testing Procedures. (i) All sexually intact female cattle four months of age and older and all bulls 18 months of age and older in the herd shall be presented for testing or retesting at intervals stated in the herd plan until the quarantine is released. (ii) All cattle to be added to the herd shall be tested prior to commingling with the herd. (iii) All stray cattle found in the herd shall be presented for testing. (iv) Cattle identified as reactors shall be removed in accordance with subsection (j) of this section. (v) Heifers born in the herd shall be removed in accordance with subsection (k) of this section. (B) Vaccination Procedures. (i) All nonvaccinated heifers shall be presented as soon as possible after they reach the age of four months and before the age of 12 months to be tested for brucellosis and vaccinated with an approved B. abortus vaccine. In the event heifers tested at the time of vaccination disclose reactor level titers, they will be classified and handled as reactors. (ii) All female cattle over 12 months of age shall be presented to be adult vaccinated with an approved B. abortus vaccine within ten days of their negative serological test. (iii) Replacement female cattle over 12 months of age shall be presented within ten days after a negative test, to be adult vaccinated prior to their addition to an already vaccinated herd. The epidemiologist will determine if adult vaccination of replacements must continue if the quarantine extends past 18 months, or if only calfhood vaccinates may be added. (iv) Previously vaccinated negative female cattle shall be presented for revaccination with an approved B. abortus vaccine as determined by the epidemiologist. (6) A person may protest an initial test or a herd plan for the prevention or elimination of brucellosis in each herd classified as affected, adjacent, or high risk due to a reactor or suspect animal, after consultation with the state-federal veterinarian of the Brucellosis Control Program. (A) To protest, the herd owner must request a meeting, in writing, with the executive director of the commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which: (i) the meeting will be set by the executive director no later than 21 days from receipt of the request for a meeting; (ii) the meeting or meetings shall be held in Austin; and (iii) the executive director shall render his decision in writing within 14 days from date of the meeting. (B) Upon receipt of a decision or order by the executive director which the herd owner wishes to appeal, the herd owner may file an appeal within 15 days in writing with the chairman of the commission and set forth a short, plain statement of the issues that shall be the subject of the appeal. (C) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act, and Chapter 32 of this title (relating to Hearing and Appeal Procedures). (D) If the executive director determines, based on epidemiological principles, that immediate action is necessary, the executive director may shorten the time limits, as set out in subparagraphs (A) and (B) of this paragraph, to not less than five days. The herd owner must be provided with written notice of any time limits so shortened. (7) Requirements for Quarantine Release. (A) A herd is eligible for quarantine release following a minimum of three consecutive herd blood tests that are classified as negative. The first negative test shall be conducted at least 30 days after the last reactor is removed from the herd. The second negative test shall be conducted at least 120 days after the last reactor is removed from the herd. The third negative test shall be conducted a minimum of 12 months after the last reactor is removed from the herd. (B) Heifers born in the herd and were removed from the herd and kept separately shall remain under quarantine until they test negative 30 days following calving. (C) On the releasing test, official vaccinates that demonstrate suspect titers on the approved supplemental test shall be classified as suspects. After Strain 19 vaccinated suspects are stabilized, the remainder of the herd may be released from quarantine. These suspects shall remain under a hold order. (D) To obtain a quarantine release, the owner/caretaker shall retest all cattle 18 months of age and over except steers and spayed heifers in units not under quarantine. The retest must be conducted not less than six months after the removal of the last reactor from the quarantined unit. This retest, together with the third negative test of the quarantined unit, may be used for herd certification if conducted no more than 14 months following a negative herd test after the removal of the last reactor. A designated brucellosis epidemiologist may exempt units from these retest requirements. (E) Epidemiological data may be considered in the release of the quarantine. (m) Official vaccination requirements. (1) All official vaccinations will be conducted by approved personnel only. (2) Calfhood vaccinated animals shall be permanently identified. If the animal is already identified with an official eartag before vaccination, an additional official eartag is not required. Vaccination tattoos must be applied to the right ear. For Brucella abortus Strain 19 vaccinates, the tattoo will include the U.S. Registered Shield and "V" which will be preceded by a number indicating the quarter of the year and followed by a number corresponding to the last digit of the year in which the vaccination was done. For Brucella abortus Strain RB 51 vaccinates, the tattoo will include the U.S. Registered Shield and "V," which will be preceded by a letter "R" and followed by a number corresponding to the last digit of the year in which the vaccination was done. Official vaccination (orange) eartags must be applied to the right ear unless the animal is already identified with an official eartag. If the cattle or bison are registered by a breed association recognized by VS, individual animal registration tattoos or individual animal registration brands may be used for identifying animals in place of official eartags. (3) Adult vaccinated cattle that have been vaccinated over calfhood age as part of authorized whole-herd vaccination plans shall be permanently identified as vaccinates by the following procedures: tattoo or by hot "V" brand and by official eartag. Adult-vaccinated cattle and/or bison in these herds must be identified by either a "V" hot brand high on the hip near the tailhead with the open end down for RB 51, open end up for Strain 19, or by an official "AV" (adult vaccination) tattoo in the right ear. For Brucella abortus Strain 19 vaccinated animals, the "AV" in the tattoo is to be preceded by a number indicating the quarter of the year, and followed by a number corresponding to the last digit of the year in which the vaccination was done. For brucella abortus Strain RB 51 vaccinated animals, the "AV" in the tattoo is to be preceded by the letter "R," and followed by a number corresponding to the last digit of the year in which the vaccination was done. The brand or tattoo is in addition to the official eartag identification. If the cattle or bison are registered by a breed association recognized by VS, individual animal registration tattoos or individual animal registration brands may be used for identifying animals in place of official eartags. Official eartags, if required, will be placed in the right ear. (4) Vaccination will be done by state/federal personnel following a negative test within ten days prior to adult vaccination. (n) Community notification of infected herds. (1) The status of infected herds and the application of quarantined feedlots, designated pens, and quarantined pastures are to be made known to herd owners in the immediate community. Notification of such herd owners may be achieved by means of an educational letter delivered through personal contact or by mail. When the herd has completed its individual herd plan, or the Quarantined Premise approval is terminated, the herd owners shall also be notified within 30 days by means of an educational letter delivered by personal contact or by mail. (2) Notification to the Texas Department of Health. The Texas Department of Health will be notified within 15 days of the classification of an infected herd. (o) Requirements for a quarantined feedlot. All parturient and post parturient cattle must be officially tested for brucellosis within 30 days prior to entry into a quarantined feedlot. All cattle except steers and spayed heifers in a quarantined feedlot shall be classified as exposed to brucellosis. The quarantined feedlot shall be maintained for finish feeding of cattle in drylot with no provisions for pasturing or grazing except in adjacent quarantined pastures. Negative exposed and untested test-eligible cattle must be permanently identified with a hot iron "S" brand high on the tailhead upon entering the quarantined feedlot. All cattle except steers and spayed heifers located in feedlots adjacent to quarantined pastures must be permanently identified with a hot iron "S" brand high on the tailhead upon entering such feedlots. All cattle except steers and spayed heifers leaving such feedlot must go directly to slaughter; or may be moved directly to another quarantined feedlot or designated pen with an "S" permit. (p) Requirements of a quarantined pasture for "S"-branded heifers. The Commission in conjunction with the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS), Veterinary Services (VS) may issue an approval to a landowner or operator to operate a quarantined pasture for a period not to exceed eight months, which approval is personal to the person named, and nontransferable to any other premises from the premises described in the approval. To be considered, an applicant must submit a completed application in writing to the Texas Animal Health Commission. Hereafter, the word "operator" is used to indicate the person who received the approval to operate a quarantined pasture. (1) The commission or USDA, APHIS, VS personnel shall make an on-site inspection of the premises prior to granting approval of the quarantined pasture to identify persons who own or control land having fence-line contact with the proposed quarantined pasture. Persons identified as owning or controlling land with fence-line contact shall be notified by the commission through certified mail of the pending application, and shall have the right to protest its approval under Chapter 32 of this title (relating to Hearing and Appeal Procedures). (A) Following notification of an application for a quarantined pasture for heifers, a person or persons owning or having control of land in fence-line contact with the proposed pasture may within 15 days of receipt of notification protest the application and request a meeting with the executive director of the commission in writing, stating the grounds for his protest, which grounds may include, but are not limited to, the following: (i) probability of disease transmission; or (ii) condition of fences. (B) After expiration of the period within which the persons owning or having control of land in fence-line contact with the proposed pasture may submit their protests, the executive director shall inform the protester(s) and the applicant of a meeting date, which meeting shall take place in Austin. The applicant shall furthermore be informed of the grounds stated in the protest(s). (C) At the meeting, the protester(s) and the applicant shall have the right to adduce any evidence in support of their stated position. (D) Within 14 days following the meeting, the executive director shall render his decision in writing and inform the protester(s) and the applicant of his decision by certified mail. (E) Upon receipt of an adverse decision or order, the protester(s) or the applicant may within 15 days of such receipt file a written notice of appeal with the chairman of the commission stating the grounds for such appeal. The subsequent administrative hearing on the appeal shall be held before the commission in Austin, which hearing it may delegate to a hearing examiner. Such hearing shall be conducted in conformity with the Administrative Procedure and Texas Register Act and Chapter 32 of this title (relating to Hearing and Appeal Procedures). (2) The approval to operate a quarantined pasture shall automatically expire eight months from the date of approval. (3) The operator may only admit "S" branded Texas heifers, whether spayed or not. He may not accept bulls and bull calves. (A) The operator may only admit "S" branded heifers who have their central pair of deciduous (temporary) incisor teeth and weigh less than 500 pounds at the time of admission. (B) The operator may not admit "S" branded heifers that show visible evidence of pregnancy. (4) The operator shall obtain an "S" brand permit for all heifers prior to their leaving the quarantined pasture and shall be responsible for their moving either: (A) to a market to be sold for movement directly to slaughter or to a quarantined feedlot or designated pen; or (B) directly to slaughter; or (C) directly to a quarantined feedlot or designated pen. (5) Prior to expiration of the quarantined pasture application for "S" branded heifers, the operator may reapply for renewal of the quarantined pasture designation for the same premises. An on-site inspection of the premise shall be made by commission or USDA, APHIS, VS personnel prior to granting approval for renewal of the quarantined pasture pursuant to requirements of paragraphs (1) and (3) of this subsection. (6) An applicant denied approval may reapply any time upon a substantial change in circumstances. (q) Market cattle identification. All cattle 18 months of age and older except steers and spayed heifers which are being moved from markets to slaughtering establishments shall be identified by a USDA approved backtag placed just below the midline and just behind the shoulder of the animal. The check-in document will identify each backtagged animal to the consignor. (r) Requirements for Designated Pens. Cattle exposed to brucellosis may be moved into designated pens in feedlots provided they meet the following requirements. (1) The designated pens shall be maintained for finish feeding of cattle in dry lot with no provisions for pasturing or grazing. (2) Double cattle-proof fences shall separate the designated pens from the remainder of the feedlot with at least 12 feet of space between the fences where cattle are not maintained. An alley may satisfy this separation requirement as long as neither food nor water is available and cattle are not maintained in the alley. (3) All parturient and post parturient cattle must be officially tested negative for brucellosis within 30 days prior to entry into designated pens, classified as exposed to brucellosis and handled as specified in this section. (4) Cattle going to designated pens will be unloaded and moved directly into those pens, and not held in common receiving areas used for cattle not destined for designated pens. (5) All cattle must be permanently identified with a hot iron "S" brand either on the left jaw or high on the tailhead upon entering the designated pens. (6) Cattle fed in designated pens may be processed or treated in common processing, sick, or hospital areas if the common area is cleaned and disinfected with an approved disinfectant after each use for these cattle and prior to use by cattle not from designated pens. If separate facilities are used for cattle from designated pens, cleaning and disinfecting are not necessary. (7) All cattle leaving such designated pens must go directly to slaughter accompanied by a VS 1-27 permit. (8) Detailed records of all cattle entering and leaving the designated pens, including dates and numbers of cattle, must be maintained by the feedlot for inspection by Commission representatives. (9) If designated pen status is eliminated or deactivated, either on the feedlot's request or on determination by the Commission, the designated pen status will be removed after the need for cleaning and disinfecting of the designated pens is evaluated. (s) Entering premises. Representatives engaged in the Brucellosis Control Program are authorized to enter into any property for the exercise of any authority or the performance of any duties authorized in this regulation and shall practice such sanitary procedures so as to minimize the risk of physically transmitting the disease to other premises. Owners and caretakers owning or having charge of cattle shall gather their cattle and furnish necessary labor in drawing blood or milk samples, vaccinating and identifying animals. (t) Requirements for cleaning and disinfecting. (1) Dairy. When reactors are disclosed in cattle which use the same facilities daily, those facilities will be cleaned and disinfected under the supervision of Approved Personnel upon removal of infected animals. (2) Beef. As determined by Approved Personnel under individual herd plan following removal of reactor animals. (u) Requirements on dealer recordkeeping. Any dealer must maintain records of cattle that are parturient or postparturient or 18 months of age or older. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color, breed, brand, and individual identification such as eartag, bangle tag, backtag, tattoo or firebrand. Records at auctions and commission firms shall show the delivery vehicle license number. All dealer records must be maintained for a minimum of two years after the date of the transaction. (v) Brucellosis advisory committees. There may be one or more committees of cattle owners in the state, appointed by the chairman of the commission, to serve at the pleasure of the Commission, for the purposes of advising the commission on matters pertaining to the brucellosis program.</content><note type="source"><p>Source Note: The provisions of this §35.2 adopted to be effective September 27, 1983, 8 TexReg 3616; amended December 5, 1985, 10 TexReg 4523; amended to be effective August 12, 1986, 11 TexReg 3437; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective October 15, 1987, 12 TexReg 3541; amended to be effective February 15, 1988, 13 TexReg 602; amended to be effective May 5, 1988, 13 TexReg 1910; amended to be effective July 11, 1988, 13 TexReg 3223; amended to be effective February 13, 1989, 14 TexReg 567; amended to be effective February 16, 1989, 14 TexReg 691; amended to be effective July 14, 1989, 14 TexReg 3143; amended to be effective July14,1989, 14 TexReg 3201; amended to be effective September 20, 1989, 14 TexReg 4469; amended to be effective December 31, 1989, 14 TexReg 6547; amended to be effective March 26, 1990, 15 TexReg 1291; amended to be effective June 19, 1990, 15 TexReg 3081; amended to be effective September 28, 1990, 15 TexReg 5357; amended to be effective May 20, 1991, 16 TexReg 2469; amended to be effective August 19, 1991, 16 TexReg 4151; amended to be effective August 19, 1991, 16 TexReg 4223; amended to be effective March 15, 1992, 17 TexReg 1535; amended to be effective July 20, 1992, 17 TexReg 4747; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective July 22, 1994, 19 TexReg 5475; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effective March 1, 1996, 21 TexReg 865; amended to be effective December 31, 1996, 21 TexReg 11477; amended to be effectiveApril 16, 1997, 22 TexReg 3397; amended to be effective May 24, 1998, 23 TexReg 4902; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective January 12, 2000, 25 TexReg 77; amended to be effective December 24, 2000, 25 TexReg 12376.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scA/s35.3"><num value="35.3">§35.3</num><heading>Requirements for Certified Brucellosis Free Herd of Cattle</heading><content>(a) Complete and sign herd plan agreement with the Texas Animal Health Commission and the United States Department of Agriculture, Animal and Plant Health Inspection Service and Veterinary Services.(b) Testing will be on a herd basis including all offspring that are of an age to be tested. Certified free herd status is for a 12-month period.(c) Cattle required to be tested. All cattle, except steers and spayed heifers, are subject to test requirements at 18 months of age.(d) Qualifying methods. A herd may qualify by one or more of the following methods:(1) Initial certification.(A) Brucellosis Milk Surveillance Test (BMST). A minimum of four consecutive, negative brucellosis milk surveillance tests conducted at not less than 90-day intervals, followed by a negative herd blood test conducted within 90 days after the last negative brucellosis milk surveillance test.(B) Complete herd blood test. Two consecutive, negative blood tests of all cattle required to be tested not less than 10 months, nor more than 14 months apart.(2) Recertification. For continuous certification, a herd must have a negative herd blood test of all cattle required to be tested conducted within 60 days before the certification anniversary date. If the certification test is conducted within 60 days after the anniversary date, the certification period will be 12 months from the anniversary and not 12 months from the date of the recertifying test. During the interval between the anniversary date and the recertifying test, certification will be suspended. If a herd blood test for recertification is not conducted within 60 days after the anniversary date, the certification requirements are the same as for initial certification. BMST procedures are not used for recertifying herds.(3) Purchase of a certified free herd.(A) A negative herd blood test is not required when the cattle remain on the premises. A new certificate will be issued in the owner's name. The anniversary date and the herd number will remain the same.(B) All or part of a certified free herd purchased and moved directly to premises without other cattle may qualify without a test. A new certification number will be issued. The anniversary date of the new herd is established by the test date of the herd of origin or by a new herd test of the purchased cattle.(e) Qualifying Standards.(1) Herd infection rates. The individual herd must disclose no evidence of infection at the time of initial certification or recertification. (A negative blood test and a complete epidemiological investigation may be used to resolve a suspicious BMST in qualifying a dairy herd.)(2) Animal infection rates. The individual animals must disclose no evidence of infection at the time of initial herd certification or recertification.(3) Suspects. When suspects are disclosed, an individual herd plan shall be developed for the future testing of the suspect(s) and the handling of the herd.(4) Herd status, if reactors are classified. When one or more reactors are disclosed in a certified herd or in a herd under test for initial certification, it shall be considered affected and the quarantine and retest provisions shall apply. If a retest of a certified herd or of animals from such a herd reveals only one reactor, the certification status will be suspended until all provisions for release of quarantine have been met. If more than one reactor is disclosed, the herd certification is terminated until all provisions for release of quarantine have been met, and when additional provisions for initial certified brucellosis-free herd status required under subsection (d)(1) of this section have been met. Herd retests for quarantine release, and to fulfill the provisions required under subsection (d)(1) of this section may be conducted concurrently.(5) Movement of cattle into a certified brucellosis-free herd.(A) From certified brucellosis-free herds or class free states or areas. No test requirements on breeding or dairy cattle originating from certified brucellosis-free herds or class free states or areas. Cattle added to a certified brucellosis-free herd under this provision shall not receive new herd status for sale purposes until they have passed a 60-120 day post-entry retest.(B) From Class "A" or "B" states or areas. Cattle required to be tested from herds not under quarantine must meet all interstate and intrastate movement requirements and must be retested negative between 60 and 120 days after being moved. Cattle added to a certified brucellosis-free herd under this provision shall not receive new herd status for sale purposes until they have passed a 60-120 day post-entry retest and have been included in an anniversary herd test.(f) Proof of qualifying as a certified brucellosis herd.(1) Initially a certificate will be issued.(2) Recertification will be done by renewal certificate showing only the certified free herd number, number of animals, and owner.</content><note type="source"><p>Source Note: The provisions of this §35.3 adopted to be effective September 27, 1983, 8 TexReg 3616; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective July 15, 1993, 18 TexReg 4235; amended to be effective May 24, 1998, 23 TexReg 4903; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective December 24, 2000, 25 TexReg 12376.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scA/s35.4"><num value="35.4">§35.4</num><heading>Entry, Movement, and Change of Ownership</heading><content>(a) Requirements for cattle from foreign countries without comparable brucellosis status that enter and remain in Texas. (Note: Cattle from foreign countries with comparable brucellosis status would enter by meeting the requirements for a state with similar status.)(1) Permit requirement. Sexually intact cattle must obtain an "E" permit from the Texas Animal Health Commission prior to moving to a destination in Texas other than direct to slaughter, quarantined feedlot, or designated pens. The permit number must be entered on the Importation Certificate (VS Form 17-30) and a copy of that certificate forwarded to the Commission's office in Austin immediately following issuance.(2) Branding requirements.(A) Sexually intact cattle destined for a quarantined feedlot or designated pen must be "S"-branded prior to or upon arrival at the quarantined feedlot or designated pen.(B) Spayed heifers shall be identified by branding prior to entry as specified in §35.1 of this title (relating to Definitions).(3) Vaccination requirement. Nonvaccinated sexually intact female cattle between four and 12 months of age entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen shall be placed under quarantine on arrival and officially brucellosis vaccinated as outlined in §35.2(m) of this title (relating to General Requirements). The quarantine may be released after meeting test requirements.(4) Testing requirements for bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen. Bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine and retested 120 to 180 days after arrival. The quarantine will be released following a negative brucellosis test.(5) Testing requirements for females entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen. All sexually intact female cattle entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine on arrival and retested for brucellosis in no less than 120 days nor more than 180 days after arrival for release of the quarantine; however, if the sexually intact female cattle have not had their first calf prior to the 120 to 180 day post entry test, the quarantine will not be released until a second negative test for brucellosis is conducted no sooner than 30 days after the animal has had its first calf and the second negative test has been confirmed.(6) Testing requirements for sexually intact cattle moving directly to a quarantined feedlot or designated pen. All sexually intact cattle destined for feeding for slaughter in a quarantined feedlot or designated pen must be tested at the port of entry into Texas under the supervision of the port veterinarian. These cattle must be "S"-branded prior to or upon arrival at the quarantined feedlot or designated pen, and may move to the quarantined feedlot or designated pen only in sealed trucks with a VS 1-27 permit issued by a representative of TAHC or USDA.(7) Responsibility for costs. All costs of calfhood vaccination, testing, and retesting shall be borne by the owner.(b) Requirements for cattle entering Texas from other states.(1) Vaccination. All non vaccinated female cattle between four and 12 months of age shall be officially vaccinated prior to entry. Exceptions to these vaccination requirements are:(A) Female cattle entering for purposes of shows, fairs and exhibitions and returning to their original location.(B) Female cattle moving within commuter herds.(C) Spayed heifers.(D) Female cattle from free states.(E) Female cattle from other than free states shall be vaccinated as follows:(i) Entering from an out-of-state farm of origin will be accompanied by a waybill to a Texas market, a feedlot for feeding for slaughter, or direct to slaughter. These cattle may be vaccinated at the market at no expense to the state prior to leaving the market and be moved freely. If these cattle are not vaccinated at the market, then they shall be consigned from the market only to a feedlot for feeding for slaughter or direct to slaughter, accompanied by an "S" permit. If consigned to a feedlot, they shall also be "F" branded high on the tail-head prior to or upon entering the feedlot.(ii) Entering from an out-of-state livestock market to a Texas livestock market, a feedlot for feeding for slaughter or direct to slaughter will be accompanied by an "S" brand permit or certificate of veterinary inspection. Individual identification is not required. These cattle may be vaccinated at no expense to the state prior to leaving the market and be moved freely. If these cattle are not vaccinated at the market, then they shall be consigned from the market only to a feedlot for feeding for slaughter, or direct to slaughter, and accompanied by an "S" permit. If consigned to a feedlot, they shall also be "F" branded high on the tail-head prior to or upon entering the feedlot.(iii) Entering from any out-of-state location and destined for a Texas premise may enter on a calfhood vaccination permit and must be vaccinated at no expense to the state within 14 days after arriving at the premise of destination.(2) Testing. All non-quarantined cattle that are parturient or post parturient or that are 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers entering Texas:(A) shall be moved directly from:(i) a class free state or area; or(ii) a certified free herd; or(iii) a commuter herd as defined in these sections; or(B) Cattle not from class free states or areas, certified brucellosis free herds, or commuter herds shall be "S"-branded and moved directly to a quarantined feedlot, to designated pens, or to slaughter, accompanied with an "S" permit, or moved directly from a farm of origin to a USDA specifically approved livestock market to be "S"-branded and moved directly to a quarantined feedlot, to designated pens, or to slaughter accompanied with an "S" permit; or(C) shall be tested negative one or more times as described in this subparagraph:(i) cattle from a Class "A" state or area shall:(I) be tested negative within 30 days prior to entry; or(II) be moved directly from a farm of origin to a USDA specifically approved livestock market for a negative test prior to sale;(ii) cattle from a class "B" state or area shall:(I) be tested negative within 30 days prior to entry, accompanied with an "E" permit, and held under quarantine for a negative retest 45-120 days at a farm, ranch, or feedlot; or(II) be moved directly from a farm of origin to a USDA specifically approved livestock market for a negative test and held under quarantine for a negative retest 45-120 days after sale to a farm, ranch, or feedlot.(c) Change of ownership within Texas. It is recommended that all female cattle between four and 12 months of age being purchased or sold for use in grazing, breeding, or dairying operations be officially vaccinated.(d) Movement to Mexico. All cattle 18 months of age and older except steers and spayed heifers must be tested negative within 120 days prior to export to Mexico for slaughter. Steers, spayed heifers, and feedlot finished bulls and heifers are not required to be tested prior to export. Test results must be recorded on the Certificate of Veterinary Inspection.</content><note type="source"><p>Source Note: The provisions of this §35.4 adopted to be effective September 27, 1983, 8 TexReg 3616; amended to be effective March 21, 1984, 9 TexReg 1435; amended to be effective November 5, 1984, 9 TexReg 5477; amended to be effective July 11, 1985, 10 TexReg 2119; amended to be effective December 5, 1985, 10 TexReg 4523; amended to be effective May 23, 1986, 11 TexReg 2180; amended to be effective August 12, 1986, 11 TexReg 3437; amended to be effective November 10, 1986, 11 TexReg 4482; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective October 15, 1987, 12 TexReg 3541; amended to be effective February 15, 1988, 13 TexReg602; amended to be effective July 11, 1988, 13 TexReg 3223; amended to be effective September 20, 1989, 14 TexReg 4471; amended to be effective October 9, 1992, 17 TexReg 6443; amended to be effective December 18, 1992, 17 TexReg 8288; amended to be effective February 16, 1993, 18 TexReg 580; amended to be effective July 15, 1993, 18 TexReg 4235; amended to be effective September 17, 1993, 18 TexReg 5837; amended to be effective November 1, 1993, 18 TexReg 7156; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective July 22, 1994, 19 TexReg 5476; amended to be effective May 31, 1995, 20 TexReg 3325; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effective September 30, 1996, 21 TexReg 8216; amended to be effective April 16, 1997, 22 TexReg 3397; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective December24, 2000, 25 TexReg 12376; amended to be effective April 8, 2001, 26 TexReg 2533; amended to be effective June 23, 2002, 27 TexReg 5167; amended to be effective April 9, 2003, 28 TexReg 2923; amended to be effective July 13, 2010, 35 TexReg 6061; amended to be effective July 2, 2012, 37 TexReg 4859; amended to be effective February 2, 2013, 38 TexReg 493; amended to be effective October 7, 2013, 38 TexReg 6908; amended to be effective May 17, 2023, 48 TexReg 2477.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scA/s35.6"><num value="35.6">§35.6</num><heading>Indemnity Payments to Owners of Cattle Exposed to Brucellosis</heading><content>(a) Herd eligibility for payment of indemnity funds:(1) the entire herd (all cattle under common ownership or management) must have been tested; and(2) an indemnity agreement must be signed and approved for payment by the executive director and USDA, APHIS, VS veterinarian-in-charge; and(3) the herd owner must comply with each requirement pertaining to herd depopulation and payment for indemnity; and(4) the herd must be recommended for indemnity by the state epidemiologist.(b) Criteria for selection of herds for indemnity payment:(1) the herd must have a professional diagnosis, supported by culture or significant serology and compatible history; or(2) a herd not meeting paragraph (1) of this subsection is recommended for indemnity by the state epidemiologist;(3) all selections of herds or cattle for payment of indemnity are subject to availability of funds.(c) General Requirements.(1) The Commission, through its Executive Director, will determine the amount and number of animals for which indemnity will be paid. The owner of a herd selected for indemnity may be reimbursed from TAHC funds for depopulation at a total rate not to exceed:(A) $100 per head for up to a total of 100 head of cattle which can be composed of exposed nursing males and negative exposed sexually intact females 18 months of age and older; and(B) $100 per head for not more than five negative exposed bulls 18 months of age and older; and(C) Actual cost of spaying not to exceed $10 per head. A spaying certificate and the proof of payment for cost of spaying must be submitted simultaneously with the indemnity claim.(2) Depopulation funds shall not be paid for weaned steers or spayed heifers.(3) All nursing male calves shall be castrated or "B" branded and permitted for immediate slaughter.(4) To receive TAHC indemnity funds, all sexually intact cattle approved for depopulation must be removed from the premise within 45 days after the offer for indemnity payment is made to the herd owner. The offer date will be documented on the form TAHC 93-14.(5) Depopulated sexually intact cattle shall be branded with the letter "B" high on the left hip near the tailhead and identified with a reactor eartag within the specified time intervals according to applicable state/federal requirements and prior to movement from the premise.(6) Sexually intact cattle shall be moved from the premise accompanied with a VS 1-27. They shall either be moved directly to slaughter or through an approved livestock market for sale directly to slaughter and accompanied with a VS 1-27 from the market. In either case the cattle shall be slaughtered within the specified time intervals according to applicable state/federal regulations following identification. Steers and spayed heifers may be retained on the premise or move without restrictions.(7) The owner of a herd approved for depopulation must agree to complete a herd test of all cattle 18 months of age and older except steers and spayed heifers no later than six months after repopulation with test-eligible breeding replacements.(8) The owner of a herd approved for depopulation must agree to complete a herd test of all cattle 18 months of age and older except steers and spayed heifers in units not depopulated six to 12 months after depopulation.(d) If approved by the State Epidemiologist, an owner may be paid $200 per B. abortus Strain 19 reactor, not to exceed the greater of five head or 5.0% of the herd.</content><note type="source"><p>Source Note: The provisions of this §35.6 adopted to be effective September 28, 1990, 15 TexReg 5357; amended to be effective May 20, 1991, 16 TexReg 2469; amended to be effective November 22, 1991, 16 TexReg 6290; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective December 5, 1994, 19 TexReg 9295; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effective March 1, 1996, 21 TexReg 865; amended to be effective December 31, 1996, 21 TexReg 11477; amended to be effective September 6, 1998, 23 TexReg 8828.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scA/s35.7"><num value="35.7">§35.7</num><heading>Disposition of Animals Other Than Cattle That React to a Brucellosis Test</heading><content>Equine that react positively to brucellosis testing and are diagnosed as infected shall be moved direct to slaughter accompanied by a VS Form 1-27 permit. Reactor equine may be permitted to an approved market for sale to slaughter if approved by a State-Federal epidemiologist. The permit must individually describe each horse and show any individual identification.</content><note type="source"><p>Source Note: The provisions of this §35.7 adopted to be effective August 19, 1991, 16 TexReg 4152; amended to be effective October 22, 1995, 20 TexReg 7974.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c35/scB"><num value="B">SUBCHAPTER B</num><heading>ERADICATION OF BRUCELLOSIS IN SWINE</heading><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.41"><num value="35.41">§35.41</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Adjacent herd--A herd of swine that occupies a premise that borders a herd known to be affected. (This includes herds separated by roads or fordable streams.)(2) Boar--An uncastrated male swine that has reached a stage of maturity that allows him to be used as a breeding animal. The term also includes those uncastrated male swine that because of age or infirmity are no longer capable of being used for breeding.(3) Brucellosis exposed swine--Swine that are part of a known infected herd or that have been in contact with brucellosis reactors in marketing channels for periods of 24 hours or longer, or for a period of less than 24 hours if the reactor has recently aborted, farrowed, or has a vaginal or uterine discharge. These animals are considered exposed regardless of the blood test results. Brucellosis suspect swine are also considered to be exposed. Brucellosis exposed swine must be placed under hold order or quarantine and restricted pending slaughter or pending release by the Texas Animal Health Commission (TAHC).(4) Herd--(A) all swine under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, or ranch);(B) all swine under common ownership or supervision on two or more premises that are geographically separated, but on which swine have been interchanged or where there has been contact among them on the different premises. Contact between swine on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises; or(C) all swine on common premises, such as community pastures, grazing association units, or waste food feeding complexes but owned by different persons. Other groups of swine owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiological investigation established that swine from the affected herd have not had the opportunity for direct or indirect contacts with swine from that specific premises.(5) Herd of origin of swine--Any herd or premises on which swine are farrowed and raised or premises on which those swine were maintained for a period of 60 days or more immediately before being shipped.(6) Herd test--The herd test shall include all sexually intact swine six months of age and older. All swine tested shall be identified with an eartag, tattoo, or other permanent identification. (All swine held for feeding purposes are exempt from herd test provided they are maintained separate and apart from the breeding herd.)(7) High risk herd--A herd that is epidemiologically judged by a state/federal veterinarian to have a high probability of having or developing brucellosis. A high risk herd need not be located on the same premise as an infected or adjacent herd.(8) Identification of reactor--Reactor swine are to be identified by placing a red serially numbered reactor tag in the left ear.(9) Infected herd--A herd of swine in which one or more reactors has been disclosed.(10) Infected herd retest--A retest of an infected herd shall include all sexually intact swine of weaning age or older.(11) Market swine test (MST)--Tests on sows and boars moving in trade through livestock markets, stockyards, buying stations, or to slaughter establishments and those sows and boars assembled at farms or ranches that are being readied for immediate movement to markets, stockyards, or a slaughter establishment or to other sales.(12) Sow--A female swine that has given birth to one or more pigs or that is parturient.(13) Swine classification--(A) Negative--An animal that is considered and judged to be free of swine brucellosis by a state/federal veterinarian according to the guidelines found in §35.42 of this title (relating to Classification of Swine by Blood and Semen Tests).(B) Suspect--An animal which tests indicate may be infected with brucellosis and classified as such by a state/federal veterinarian according to the guidelines found in §35.42 of this title (relating to Classification of Swine by Blood and Semen Tests). Animals classified as suspects will be identified as brucellosis exposed swine.(C) Reactor--An animal considered and determined to be infected with swine brucellosis by a state/federal veterinarian based on testing and guidelines in §35.42 of this title (relating to Classification of Swine by Blood and Semen Tests).(14) Swine Commuter Herd--A swine entity with operations in two or more states and whose normal management practices involve movement of swine interstate between operations which it controls, without change of ownership. A swine Commuter Herd Agreement must be signed by a representative of the swine entity and the State Chief Animal Health Officials where swine entity is located. This Agreement will continue until canceled by the swine entity or one of the signatory states.(15) Waste food feeding complex--A premise where more than one owner raises swine and where at least one of the owners feeds waste food to swine.(16) Waste food feeding operation (garbage feeder)--A swine operation that feeds material defined as garbage in §55.3 of this title (relating to Feeding of Garbage).</content><note type="source"><p>Source Note: The provisions of this §35.41 adopted to be effective July 1, 1990, 15 TexReg 3081; amended to be effective September 28, 1990, 15 TexReg 5357; amended to be effective July 20, 1992, 17 TexReg 4747; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective August 22, 1999, 24 TexReg 6279.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.42"><num value="35.42">§35.42</num><heading>Classification of Swine by Blood and Semen Tests</heading><content>(a) Tests on blood serum. (1) Standard card test (SCT). Card test results are used to classify swine as positive or negative. All swine positive to the SCT should be subjected to confirmatory testing. (2) Confirmatory test procedures. The Particle Concentration Fluorescence Immunoassay (PCFIA) will serve as the confirmatory test. Attached Graphic(3) Rivanol test. The results of the Rivanol test are to be evaluated by the designated brucellosis epidemiologist. Attached Graphic(b) Semen plasma test. This test is approved for use as a supplemental test of boars used for artificial insemination but must be employed with other serological tests. Final classification will be based on the most reactive test procedure. (c) Animals testing positive on any blood test performed will be considered as brucellosis exposed swine and an initial test of the herd of origin will be conducted within a specified time set by a state-federal veterinarian upon consultation with the herd owner unless waived by the designated brucellosis epidemiologist. (d) When deemed necessary to the establishment of a final herd diagnosis by the epidemiologist, the purchase of an individual animal with equivocal serological testing results is authorized in order to secure the tissues needed to arrive at a definitive herd diagnosis. The rate of indemnity shall not exceed the fair market value for an individual animal. The indemnity is subject to the availability of funds. The Commission will pay the owner the unreimbursed amount determined by deducting the salvage value and any applicable federal indemnity from the appraised value not to exceed $100.00 for each animal classified under this subsection. (e) Reclassification. Animals may be reclassified by the designated epidemiologist when consideration and evaluation of relevant bacteriologic, serologic, or epidemiological evidence justifies the reclassification.</content><note type="source"><p>Source Note: The provisions of this §35.42 adopted to be effective July 20, 1992, 17 TexReg 4747; amended to be effective August 22, 1999, 24 TexReg 6279; amended to be effective December 24, 2000, 25 TexReg 12376.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.43"><num value="35.43">§35.43</num><heading>Persons Authorized To Conduct Official Test</heading><content>(a) Collection of samples. Only veterinarians who are accredited by the United States Department of Agriculture, or their employees, or regularly employed representatives of the Texas Animal Health Commission or the United States Department of Agriculture are authorized to collect blood samples for the purpose of conducting tests for brucellosis. The accredited veterinarian is responsible for all acts of his employees engaged in brucellosis testing.(b) Conducting official test. The following persons or facilities are authorized to conduct the BBA card test:(1) veterinarians approved by the commission and the United States Department of Agriculture;(2) regularly employed and authorized representatives of the Texas Animal Health Commission or the United States Department of Agriculture;(3) other individuals approved by the commission and the United States Department of Agriculture.(c) Reporting test results. Results of all swine brucellosis tests must be reported to the Texas Animal Health Commission within 48 hours.</content><note type="source"><p>Source Note: The provisions of this §35.43 adopted to be effective September 28, 1990, 15 TexReg 5357; amended to be effective July 20, 1992, 17 TexReg 4748.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.44"><num value="35.44">§35.44</num><heading>Identification and Movement of Brucellosis Infected and Exposed Swine</heading><content>(a) Reactors. Reactor swine shall be identified with a red serially numbered reactor tag in the left ear and be sold to slaughter under state or federal permit (VS 1-27) within 15 days of the date they are identified as reactors. (Reactor herds under Plan 2, Chapter 35.47, may handle reactors according to recommended procedures of the plan.) Reactors must remain on the premises where they were found until the owner obtains a state or federal permit for movement to slaughter. Swine moved for immediate slaughter must go to a recognized slaughter establishment or to a state or federally approved market and held separate and apart from other swine for sale to a recognized slaughter establishment. Reactor swine must be slaughtered as soon as practical. The time may be extended for reasons mutually acceptable to the cooperating state and federal officials in charge.(b) Quarantined and exposed swine. Quarantined and exposed swine, when moved, must be accompanied by a permit (VS 1-27). They can be moved for immediate slaughter. When moved, the swine must be segregated from all other classes of livestock. When moved to premises other than the herd of origin, exposed animals must be individually identified by eartag and the number must be recorded on the permit.</content><note type="source"><p>Source Note: The provisions of this §35.44 adopted to be effective September 28, 1990, 15 TexReg 5358; amended to be effective July 20, 1992, 17 TexReg 4748.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.45"><num value="35.45">§35.45</num><heading>Procedures for Handling Brucellosis Infected, Adjacent, and High Risk Herds of Swine</heading><content>(a) Infected herds. All swine in infected herds must be confined to the premises under quarantine until the herd has been freed of brucellosis or sold for slaughter under permit. Three negative infected herd retests are required for release of quarantine, with the first retest occurring not sooner than 30 days nor more than 60 days after all reactors have been removed for slaughter. The second retest must be conducted 60 to 90 days after the first negative retest. A third negative infected herd retest is required 60 to 90 days following the second retest. Herds of origin of market swine test (MST) reactors that fail to reveal additional reactors on a herd test would not be required to be held under quarantine for additional testing unless there is evidence of Brucella infection or exposure to brucellosis.(b) Adjacent and high risk herds. All swine in adjacent and high risk herds may be quarantined until an epidemiologist through testing or other epidemiological evidence determines the herd is not infected or not at risk of becoming infected.(c) Depopulation. Any infected, adjacent, or high risk herd may be depopulated. The commission may order depopulation of a herd following a determination by the epidemiologist that the herd is a problem herd based on test results or other epidemiological data involving the herd.(d) Indemnity. Indemnity may be paid to the herd owner, whose herd has been ordered depopulated, if funds are made available for indemnity purposes. The following criteria will be used in the payment of indemnity.(1) The entire herd (all swine under common ownership or management) must have been declared as infected or exposed.(2) An indemnity agreement must be signed and approved for payment by the executive director and the USDA, APHIS, VS veterinarian-in-charge.(3) The herd owner must comply with each requirement pertaining to herd depopulation and payment for indemnity.(4) All swine in a herd must be depopulated. They will be either permitted to slaughter on a VS Form 1-27 or euthanized.(5) State indemnity funds, when available, will be used for the reimbursement to the owner for swine not eligible for federal indemnity funds. The amount of state indemnity will be determined by an appraisal of the market value of the swine at time of depopulation less salvage, not to exceed $50 per head.</content><note type="source"><p>Source Note: The provisions of this §35.45 adopted to be effective September 28, 1990, 15 TexReg 5358; amended to be effective July 20, 1992, 17 TexReg 4748; amended to be effective March 22, 1994, 19 TexReg 1650.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.46"><num value="35.46">§35.46</num><heading>Plans for Eradicating Brucellosis from Infected Swine Herds</heading><content>If infection is disclosed in swine herds, one of the following plans or one similar shall be selected for eradicating the disease. If the herd owner fails to agree to a plan to eradicate brucellosis from the herd, a plan shall be developed by the veterinarian representing the commission.(1) Plan one. This plan is recommended for commercial herds. The following procedures should be carried out:(A) market the entire herd for slaughter as soon as practicable;(B) clean and disinfect houses and equipment;(C) restock premises with animals preferably from validated brucellosis-free herds, placing them on ground that has been free of swine for at least 60 days.(2) Plan two. This plan is recommended for use in infected purebred herds only where it is desired to retain valuable bloodlines. The following procedures should be carried out:(A) separate gilt pigs from sows at 28 days of age or less and isolate;(B) market infected herd for slaughter as soon as practicable. Infected sows should not be rebred and should be slaughtered as soon as possible. Complete isolation of infected animals is essential. The separated weanling pigs form the nucleus for establishment of the infection-free herd;(C) test the gilts to be used for the following breeding season about 30 days before breeding. Save only the gilts that are negative. Breed only to negative boars;(D) retest the gilts after farrowing and before removing them from individual farrowing pens. If reactors are found, they should be segregated from the remainder of the herd and slaughtered as soon as possible. Select only pigs from negative sows for breeding gilts;(E) after three consecutive negative infected herd retests the herd is eligible for release from quarantine. The first test must be at least 30 days after all reactors have been removed and slaughtered and the second test must be 60 to 90 days after the first test. A third test is required 60 to 90 days following the second negative retest.(3) Plan three. This plan is not recommended in general, but it has been found useful in herds where only a few reactors are found and where no clinical symptoms of brucellosis have been noted. Carry out the following procedures:(A) market reactors(s) for slaughter;(B) retest herd at 30-day intervals removing reactors for slaughter until the entire herd is negative;(C) if the herd is not readily freed of infection, abandon this plan in favor of plan one or plan two.(D) After three consecutive negative infected herd retests the herd is eligible for release from quarantine. The first test must be at least 30 days after all reactors have been removed and slaughtered and the second test must be 60 to 90 days after the first test. A third test of the herd is required 60 to 90 days following the second negative retest.</content><note type="source"><p>Source Note: The provisions of this §35.46 adopted to be effective September 28, 1990, 15 TexReg 5359; amended to be effective July 20, 1992, 17 TexReg 4749.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.47"><num value="35.47">§35.47</num><heading>Owner Assistance</heading><content>If ordered by the commission or its representative, the owner or caretaker of swine shall submit the swine and furnish labor and facilities used in normal operation in order that the swine may be tested, vaccinated, or otherwise handled in accordance with these rules.</content><note type="source"><p>Source Note: The provisions of this §35.47 adopted to be effective November 22, 1991, 16 TexReg 6290.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scB/s35.48"><num value="35.48">§35.48</num><heading>Initial Validation and Revalidation of Individual Swine Herd</heading><content>(a) Qualifying methods. Swine herds may be validated or revalidated as brucellosis-free by the following methods.(1) Complete herd test. Swine herds may be initially validated or revalidated when the herd test is negative.(2) Increment testing. Swine herds may be validated or revalidated when all breeding swine (six months of age and older) in the herd are tested negative in the 25% increments every 80 to 105 days or in 10% increments every 25 to 35 days according to a specified herd testing plan with each breeding animal in the herd tested at least once during the one-year validation period. No swine may be tested twice in one year to comply with the 25% requirement or twice in 10 months to comply with the 10% requirement.(b) Conditions for validating the herd.(1) Size of unit. Validated free herd status applies to entire herds and includes all offspring.(2) Duration of status. A herd is validated for 12 months. There is no grace period.(3) Testing period.(A) For initial validation, a herd can be validated based on the results of one negative herd test or through increment testing on a quarterly or monthly basis.(B) For revalidation a herd must:(i) have a negative herd test conducted within 10 to 12 months of the last validation date; or(ii) show that all breeding swine (six months of age and older) in the herd are tested negative in 25% increments every 80 to 105 days or in 10% increments every 25 to 35 days according to a specified herd testing plan, with each breeding animal tested at least once during the one-year validation period. No swine may be tested twice in one year to comply with the 25% requirement or twice in 10 months to comply with the 10% requirement.(4) Herd infection rate. There must be no evidence of infection at the time the herd is initially validated or revalidated.(5) Animal infection rate. There must be no evidence of infection in individual animals at the time the herd is initially validated or revalidated.(6) Suspects. If swine that are classified as suspect are found in a herd that is otherwise serologically, bacteriologically, and epidemiologically negative, the herd may be held under quarantine until the suspects are further evaluated and their status is determined.(7) Herd status, if infection occurs. When one or more reactors are found in a validated herd or in a herd being tested for initial validation, it will be considered infected and quarantined and the eradication procedures in this section will apply.(A) Initial validation. A herd qualifies for initial validated brucellosis-free status when it is free of infection, when all provisions for release of quarantine have been met, and when the additional provisions required under subsection (a)(1) of this section have been met.(B) Revalidation. If a complete or partial test of a validated herd reveals reactors, herd validation status is terminated until all provisions for release of quarantine have been met, and the additional provisions for initial validated brucellosis-free herd status required under subsection (a)(1) of this section have been met.(C) Herd retests for release of quarantine may also be used to fulfill the provisions required under subsection (a)(1) of this section.(8) Movement of swine into validated brucellosis-free herds.(A) Swine originating from validated brucellosis-free herds may enter without test.(B) Breeding swine originating from nonvalidated herds must have a negative test within 30 days prior to date of entry. These animals must be held in isolation and be retested 30 to 60 days after arrival.(C) Swine from feedlots may not be added to validated brucellosis-free herds. However, swine may be consigned to feedlots on premises with validated brucellosis-free herds without testing, provided those swine are held in isolation and segregated from all breeding stock.(D) Consignments of slaughter swine may not be added to validated brucellosis-free herds.(9) Use of swine semen in validated brucellosis-free herds. All semen used must be from boars in validated brucellosis-free herds.</content><note type="source"><p>Source Note: The provisions of this §35.48 adopted to be effective July 1, 1990, 15 TexReg 3085; amended to be effective July 20, 1992, 17 TexReg 4749.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c35/scC"><num value="C">SUBCHAPTER C</num><heading>ERADICATION OF BRUCELLOSIS IN GOATS</heading><section identifier="/us/state/tx/tac/t4/p2/c35/scC/s35.60"><num value="35.60">§35.60</num><heading>Definitions</heading><content>The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: (1) Adjacent herd--A herd of livestock that occupies a premise that lies within one mile of an affected herd. (2) Affected herd--A herd in which any animal(s) has been classified as a reactor or suspect and the requirements of the individual herd plan have not been met. (3) Approved laboratory--A State or Federal veterinary diagnostic laboratory for brucellosis testing that must be approved by USDA, APHIS, VS and State animal health authorities. (4) Approved personnel--Texas Animal Health Commission inspectors and veterinarians; Federal Animal Health technicians and veterinarians; accredited Texas veterinarians; and others who have been approved to do those assigned duties as described in these regulations for brucellosis control and eradication. (5) Brucellosis--For purposes of this regulation, brucellosis is a contagious, infectious disease of cattle, sheep, goats, horses, and swine caused by Brucella melitensis. (6) Certified free herd-- A Herd that is operating under a signed agreement with the commission and has met the requirements of §35.62 (d) of this title (relating to Requirements for Certified Brucellosis Free Herd of Goats). (7) Commission--Texas Animal Health Commission. (8) Epidemiologist--A veterinarian who has received a degree in epidemiology and is employed by the commission or USDA, APHIS, VS. (9) Executive director--The chief executive director of the Texas Animal Health Commission appointed by the commissioners and authorized to act for the commissioners in the absence of the chairman. (10) Exposed livestock--Animals that are part of an affected herd or animals that have been in contact with an affected animal. These animals shall be classified as exposed regardless of any blood test results. (11) Goats--Domestic caprine (genus Capra) kept for the purpose of producing meat, milk or fiber. (12) Herd-- All animals maintained on a single premise which are commingled; and all animals under common ownership or supervision on two or more premises with animal interchange between the premises. (13) High risk herd--A herd that is epidemiologically judged by a state-federal veterinarian to have a high probability of having or developing brucellosis. A high risk need not be located on the same premise as an infected or adjacent herd. (14) Hold order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status. (15) Individual herd plan--A disease management and testing plan to prevent, control, and eliminate brucellosis in a herd. (16) Official identification--A Veterinary Services or TAHC approved identification eartag, registration tattoo, or other approved device that uniquely identifies each individual animal. The official identification may not be removed from the animal. (17) Premise--An area defined by the outermost boundary of land under common ownership or control enclosed by a perimeter fence of other boundary. A premise may consist of more than one pasture. (18) Reactor-- Animals classified as being infected with brucellosis as a result of serological testing or microbiological culturing of blood, tissue, secretions, or excretions from the animal. (19) Regulatory Veterinarian--A veterinarian employed by TAHC or USDA, APHIS, VS. (20) Sheep--Domestic ovine (genus ovis) kept for the purpose of producing milk, meat, or fiber. (21) Suspect--Animals classified as suspicious of being infected with brucellosis as a result of serological tests.</content><note type="source"><p>Source Note: The provisions of this §35.60 adopted to be effective September 28, 1990, 15 TexReg 5359; amended to be effective December 24, 2000, 25 TexReg 12376.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scC/s35.61"><num value="35.61">§35.61</num><heading>General Requirements</heading><content>(a) Testing of blood. (1) All tests shall be made by approved personnel only as the basis for compliance with these regulations. (2) All tests must be confirmed by an approved laboratory as the basis for compliance with these regulations. (3) Samples for all retest purposes will be collected by commission or APHIS personnel and submitted to an approved laboratory for confirmation testing. (b) Classification or goats. (Note: this paragraph also pertains to sheep). Test results shall be interpreted by State or Federal regulatory veterinarians. The following are approved tests: (1) Card test. The card (buffered Brucella antigen, or BBA test) may be used to test goats. The 3% (antigen concentration) BBA test is used as a presumptive or screening test. The 8% (antigen concentration) BBA test may be used as a definitive test. Results of the card test may be used with other test results conducted in the approved laboratory to aid in the classification of animals. (2) Manual complement fixation (CF) test. (A) Interpretation of the manual CF test results. Attached Graphic(B) Interpretation of test result codes. The following codes are utilized by the laboratory to represent the corresponding test results: Attached Graphic(3) Standard tube agglutination test (STT) or standard plate agglutination test (SPT). Interpretation of STT and SPT tests. Attached Graphic(4) Particle concentration fluorescence immunoassay (PCFIA) test. May be used to determine the brucellosis disease status of livestock when conducted by methods approved by USDA, APHIS, VS. Interpretation of PCFIA test results. Attached Graphic(5) New tests under research. Laboratory tests approved by the executive director are authorized to be used in conjunction with tests listed in this subsection for evaluation of their future usefulness in the program. (c) Reclassification of reactors. Animals initially classified as reactors may be reclassified provided a complete epidemiological investigation of the herd is conducted and there is no evidence of field strain Brucella melitensis infection exposure thereto. (d) Requirements of a herd test. (1) Test eligibility--All goats that are one year of age or older as evidenced by the eruption of their first permanent incisor teeth shall be included in the herd test. Testing requirements for species other than goats will be specified by the epidemiologist. (2) Identification requirements. All animals tested shall be identified with an official identification. (e) Procedures in affected herds. (1) Herds which contain animals classified as suspects shall be placed under hold order. The suspect or herd shall be retested as necessary to establish a final diagnosis. (2) Herds which infection has been diagnosed by a State/Federal regulatory veterinarian based on culture, serology, or epidemiological evidence, with concurrence by the epidemiologist, will be placed under quarantine. An individual herd plan outlining procedures to eliminate the disease will be developed by the regulatory veterinarian in consultation with the epidemiologist and the herd owner or caretaker and his veterinarian (if requested by the owner). If a plan cannot be agreed upon, then the plan developed by the commission shall be final and the owner caretaker will be provided a copy. The plan shall include provisions for depopulation of exposed livestock as specified in (f) of this section. The quarantine may be released 30 days after completion of depopulation and any required cleaning/disinfecting. The premise shall not be restocked prior to quarantine release. (3) An epidemiological investigation will be performed following the diagnosis of infection. All exposed livestock, adjacent and high risk herds shall be placed under hold order and tested one or more times as deemed necessary by the epidemiologist. Testing requirements for species other than goats will be specified by the epidemiologist. (f) Depopulation with indemnity. (1) All exposed livestock shall be humanely destroyed and disposed of on the premise where disclosed or at a facility approved by the Executive Director. (2) When it has been determined that an animal has brucellosis or was exposed the Commission may pay indemnity. This is subject to the availability of funds and this is determined by the unreimbursed amount determined by deducting the federal compensation from the appraised value not to exceed $100.00 for each animal classified under this subsection for no more than one hundred (100) animals.</content><note type="source"><p>Source Note: The provisions of this §35.61 adopted to be effective September 28, 1990, 15 TexReg 5359; amended to be effective December 24, 2000, 25 TexReg 12376.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scC/s35.62"><num value="35.62">§35.62</num><heading>Requirements for Certified Brucellosis Free Herd of Goats</heading><content>(a) A certified brucellosis free goat agreement must be completed and signed with the Texas Animal Health Commission.(b) Brucellosis testing will be on a herd basis. Certified free herd status is for a 12-month period.(c) Goats required to be tested--all sexually intact goats are required to be tested at one year of age or older as evidenced by the eruption of their first pair of permanent incisor teeth.(d) Qualifying methods:(1) Initial certification. Two consecutive, negative blood tests of all goats required to be tested not less than 10 months, nor more than 14 months apart;(2) Recertification. For continuous certification, a herd must have a negative herd test of all goats required to be tested conducted within 60 days before the certification anniversary date. If the certification test is conducted within 60 days after the anniversary date, the certification period will be 12 months from the anniversary and not 12 months from the date of the recertifying test. During the interval between the anniversary date and the recertifying test, certification will be suspended. If a herd test for recertification is not conducted within 60 days after the anniversary date, the certification requirements are the same as for initial certification.(3) Purchase of a certified free herd:(A) A negative herd blood test is not required when the goats remain on the premises. A new certificate will be issued in the owner's name. The anniversary date and the herd number will remain the same;(B) All or part of a certified free herd purchased and moved directly to premises without other goats may qualify without a test. A new certification number will be issued. The anniversary date of the new herd is established by the test date of the herd of origin or by a new herd test of the purchased goats.(e) Qualifying standards:(1) Herd infection rates. The individual herd must disclose no evidence of infection at the time of initial certification or recertification;(2) Animal infection rates. The individual animals must disclose no evidence of infection at the time of initial herd certification or recertification;(3) Requirements following classification of a goat as a reactor or suspect. Goat herds with animals classified as reactors or suspects will be placed under hold order or quarantine and follow requirements as outlined in §35.61 of this title (relating to General Requirements).(4) Movement of goats into a certified brucellosis free herd from certified brucellosis free herds. No test is required on goats originated from certified brucellosis free herds. Goats added to a certified brucellosis free herd under this provision shall not receive new herd status for sale purposes until they have passed a 60-120 day post entry test.(f) Proof of qualifying as a certified brucellosis free herd:(1) Initially a certificate will be issued.(2) Recertification will be done by renewal certificate showing only the certified free herd number, number of animals, and owner.</content><note type="source"><p>Source Note: The provisions of this §35.62 adopted to be effective December 24, 2000, 25 TexReg 12376.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c35/scD"><num value="D">SUBCHAPTER D</num><heading>ERADICATION OF BRUCELLOSIS IN CERVIDAE</heading><section identifier="/us/state/tx/tac/t4/p2/c35/scD/s35.80"><num value="35.80">§35.80</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: (1) Approved laboratory - A State or Federal veterinary diagnostic laboratory for brucellosis testing that must be approved by USDA, APHIS, VS and State animal health authorities. (2) Approved personnel - Texas Animal Health Commission inspectors and veterinarians; Federal Animal Health technicians and veterinarians; accredited Texas veterinarians; and others who have been approved to do those assigned duties as described in these regulations for brucellosis control and eradication. (3) Area Veterinarian-In-Charge (AVIC) - The official of USDA-APHIS-VS, who is assigned by the VS Deputy Administrator to supervise and perform the official animal health work of APHIS in the State or States concerned. (4) Brucellosis - An infectious disease of animals and humans caused by bacteria of the genus Brucella. (5) Brucellosis negative animal - An animal for which laboratory tests fail to disclose evidence of Brucella infection. (6) Brucellosis reactor - An animal diagnosed with Brucella based on laboratory results, clinical signs, and/or epidemiologic investigation. (7) Brucellosis suspect - An animal for which laboratory test results are inconclusive but suggest Brucella infection. (8) Certified Brucellosis-Free Cervid Herd - A herd of cervidae that has qualified for and has been issued a certified brucellosis free cervid herd certificate signed by both the State animal health official and the APHIS AVIC. (9) Cervidae - Deer, elk, moose, caribou and related species in the Cervidae family, raised under confinement or agricultural conditions for the production of meat or other agricultural products or for sport or exhibition, and free-ranging cervidae when they are captured for any purpose. (10) Cervid herd - A herd that contains one or more animals of any cervid species. (11) Herd Test - An official brucellosis blood test of all test-eligible animals in a herd. (12) Official cervid identification - A VS approved eartag or other VS-approved identification device that conforms to the alphanumeric Uniform Eartagging System, and uniquely and permanently identifies the animal. All official identification is to be placed in the right ear unless otherwise specified. (13) Official test - An approved brucellosis blood test conducted a an approved laboratory to support the classification of cervidae as brucellosis negative, suspect or reactor. (14) Test-eligible animal - All cervidae one year of age or older.</content><note type="source"><p>Source Note: The provisions of this §35.80 adopted to be effective August 22, 1999, 24 TexReg 6279.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scD/s35.81"><num value="35.81">§35.81</num><heading>General Requirements</heading><content>(a) Testing (1) All tests shall be made by approved personnel only as the basis for compliance with these regulations. (2) All tests must be confirmed by an approved laboratory as the basis for compliance with these regulations. (3) Samples for all retest purposes will be collected by Commission or APHIS personnel and submitted to the approved laboratory for testing. An epidemiologist may designate those animals that do not require a test. The herd of origin, as well as the herd in which the animal(s) is presently located, will be affected by the test results of the approved laboratory. The approved laboratory initial test result will prevail if the traced animal cannot be positively identified or if it has been slaughtered or died and cannot be retested. (4) When the approved laboratory is unable to confirm results of a test because of insufficient serum, hemolyzed blood or broken tubes, the Commission may require a trace and retest of the animal(s) not confirmed. (b) The following tests have been designated as official brucellosis laboratory tests in Cervidae: (1) Card test (2) Standard plate agglutination test (SPT) (3) Complement-fixation test (CF) (4) Rivanol test (5) PCFIA (c) Serologic Classification. (1) Card test. Test results are recorded as either negative or Positive. An animal is considered a reactor when the card test is the only test conducted and the test is positive. An animal is considered a suspect when the card test is positive but supplemental tests or an epidemiologist's review support a suspect classification. (2) Standard plate agglutination (BPI) test. The blood titers of Cervidae tested by the SPT method are interpreted in the following table. Attached Graphic(3) Manual complement fixation (CF) test. The manual CF test is interpreted in the following table. Attached Graphic(4) Rivanol test. Test results are interpreted in the following table. Attached Graphic(5) PCFIA. Test results are interpreted in the following table. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §35.81 adopted to be effective August 22, 1999, 24 TexReg 6279.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c35/scD/s35.82"><num value="35.82">§35.82</num><heading>Requirements for Certified Brucellosis Free Cervidae Herd</heading><content>(a) Complete and sign a herd plan agreement with the Texas Animal Health Commission and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.(b) Testing will be on a herd basis. For initial certification, all sexually intact cervids in the herd that are 12 months of age or older must have two consecutive negative tests 9 to 15 months apart. Once certified status of the herd has been attained, the herd is certified for 36 months. All previously tested animals must be accounted for on a following test.(c) Recertification.(1) To qualify for recertification, the herd must pass a test within a period of 33 to 39 months of the anniversary date. The recertification period will be 36 months from the anniversary date, and not 36 months from the date of the recertification test. For continuous certification, the herd must have a negative test of all animals, required to be tested, conducted within 90 days before the certification anniversary date. If the test is not conducted prior to the anniversary date, but is conducted within 90 days following the anniversary date, the certification will be suspended until the recertification test is completed. If a herd blood test for recertification is not conducted within 90 days after the anniversary date, the certification requirements are the same as for initial certification. A recertification test must be conducted every 33 to 39 months after initial certification in order to maintain Certified Brucellosis Herd Status.(2) If suspects or reactors are found on recertification testing, certification status will be suspended and a herd investigation will be initiated.(d) Movement into a certified brucellosis-free cervid herd(1) From other certified brucellosis-free cervid herds. Animals originating from other certified brucellosis-free cervid herds do not need to be tested prior to movement.(2) From other herds. Animals purchased from cervid herds not certified brucellosis-free cannot be considered part of the certified herd until the following three serologic tests have been conducted:(A) Within 30 days prior to movement from the herd of origin;(B) Between 60 and 180 days after addition to the certified brucellosis-free cervid herd; and(C) As part of the herd test on the recertification test following the second test above.(e) Recognition of certified brucellosis-free cervid herds. The Texas Animal Health Commission and the APHIS AVIC will issue a certified brucellosis-free cervid herd certificate when the herd first qualifies. Recertification will be done by renewal certificate showing only the certified free herd number, number of animals, and owner.</content><note type="source"><p>Source Note: The provisions of this §35.82 adopted to be effective August 22, 1999, 24 TexReg 6279; amended to be effective June 14, 2007, 32 TexReg 3171; amended to be effective March 17, 2008, 33 TexReg 2287.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c36"><num value="36">CHAPTER 36</num><heading>EXOTIC LIVESTOCK AND FOWL</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c36/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c36/sc/s36.1"><num value="36.1">§36.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Camelidae--Members of the family of animals which includes camels, lamas, and vicunas. The domestic members of the genus lama includes the llama, alpaca, and guanaco.(2) Commission--Texas Animal Health Commission.(3) Exotic Bovidae--Non-indigenous members of the family of animals which includes water buffalo, gnu (wildebeest), addax, antelope and nilgai (among others).(4) Exotic Cervidae--Non-indigenous members of the family of animals which includes deer, elk, moose, caribou, reindeer and the sub-family musk deer.(5) Exotic fowl--Any avian species that is not indigenous to this state. The term includes ratites.(6) Exotic livestock--Grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, camel, llama, rhinoceros, elephant, deer, and antelope families.(7) Livestock--Cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise defined.(8) Ratite--Exotic fowl with a flat breastbone and small or nonexistent wings, such as ostriches, emu, moa, and kiwi.</content><note type="source"><p>Source Note: The provisions of this §36.1 adopted to be effective September 28, 1990, 15 TexReg 5360; amended to be effective May 20, 1991, 16 TexReg 2470; amended to be effective August 19, 1991, 16 TexReg 4152; amended to be effective December 12, 1994, 19 TexReg 9489; amended to be effective July 5, 1998, 23 TexReg 6713; amended to be effective May 23, 1999, 24 TexReg 3706; amended to be effective August 25, 2008, 33 TexReg 6794.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c36/sc/s36.2"><num value="36.2">§36.2</num><heading>General</heading><content>The entry requirements are located in Chapter 51, §51.9 of this title (relating to Exotic Livestock and Fowl).</content><note type="source"><p>Source Note: The provisions of this §36.2 adopted to be effective June 23, 2002, 27 TexReg 5168.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c37"><num value="37">CHAPTER 37</num><heading>SCREWWORMS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c37/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c37/sc/s37.1"><num value="37.1">§37.1</num><heading>Control and Eradication</heading><content>(a) Any area, county, or part of a county within the state which has been determined to be infested with screwworms may be quarantined when deemed necessary by the Texas Animal Health Commission.(b) All livestock or any animals that are susceptible to screwworm infestation and fowl leaving an area quarantined for screwworm infestation must be accompanied by an inspection certificate issued by personnel designated by the Texas Animal Health Commission, certifying that the animals are free from screwworms and screwworm fly eggs and wounds.(1) Any livestock or any animals that are susceptible to screwworm infestation or fowl which are determined to have open wounds must be restrained for the purpose of having these wounds treated with a remedy approved by the executive director. The inspection certificate must state the date and method of treatment.(2) In addition to the treatment of wounds, all animals other than lactating dairy animals and young animals under two weeks of age must be sprayed with a spray approved by the executive director.(c) Any animals that are susceptible to screwworm infestation are to be removed from the shipment, and will be permitted to leave the quarantined area only after any wounds have been determined to be free of screwworms, or the animal has been treated by an agent of the Texas Animal Health Commission. An agent of the commission will issue a certificate certifying that such animals are free of screwworms.(1) Animals with open wounds from castrating, dehorning, or other causes must be inspected and treated at the point of origin and may be held at the quarantine line until wounds are individually treated and the animal is certified as being free of danger of screwworm infestation.(2) Shipments of animals with open wounds are made at the owner's or hauler's risk and the owner and hauler are responsible for any costs incurred because of the treatment required by these regulations.(d) Any shipment of livestock or any animals that are susceptible to screwworm infestation which are transported to the screwworm quarantine line without inspection and treatment as required in this regulation must be unloaded, inspected, and treated as required by these regulations prior to crossing the screwworm quarantine line.(e) All livestock trucks, trailers, railroad cars, or other vehicles which have carried livestock or fowl within a quarantined area within two weeks prior to leaving the quarantined area must be cleaned and disinfected under the supervision of Texas Animal Health Commission personnel before leaving the area.(f) The commission, at its discretion, may check the movement of any animals or fowl leaving the quarantined area and determine that all animals and fowl have been inspected and treated as required. When such inspection stations are established, all trucks or vehicles which have hauled animals or fowl in the quarantined area within the last two weeks and are leaving the quarantined area must obtain clearance at one of these inspection stations.(g) Representatives of the Texas Animal Health Commission and the United States Department of Agriculture are authorized to inspect, treat, and spray as necessary any animals or fowl at any public or private premise within the state in order to effect screwworm eradication.</content><note type="source"><p>Source Note: The provisions of this §37.1 adopted to be effective November 1, 1993, 18 TexReg 7157.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c37/sc/s37.2"><num value="37.2">§37.2</num><heading>Interstate Movement Requirements</heading><content>The screwworm requirements for entry into Texas are located in Chapter 51, §51.7(b) of this title (relating to All Livestock--Special Requirements).</content><note type="source"><p>Source Note: The provisions of this §37.2 adopted to be effective June 23, 2002, 27 TexReg 5169.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c38"><num value="38">CHAPTER 38</num><heading>TRICHOMONIASIS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c38/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.1"><num value="38.1">§38.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter have the following meanings unless the context clearly indicates otherwise.(1) Accredited Veterinarian--A licensed veterinarian who is approved to perform specified functions required by cooperative state-federal disease control and eradication programs pursuant to Title 9 of the Code of Federal Regulations, Parts 160 and 161.(2) Affected Herd--A herd in which any cattle have been classified as Tritrichomonas foetus positive on an official test and has not completed the requirements for elimination of the disease from the herd.(3) Cattle--All dairy and beef animals (genus Bos), excluding bison (genus Bison).(4) Certified Veterinarians--Veterinarians certified with, and approved by the commission to collect Trichomoniasis samples for official Trichomoniasis testing and to perform any other official function under the Trichomoniasis program. To be a certified veterinarian, a veterinarian must meet the requirements and have authorized personnel status as listed in Chapter 47 of this title (related to Authorized Personnel).(5) Commission--The Texas Animal Health Commission, or its designee.(6) Executive Director--The Executive Director of the Texas Animal Health Commission, or the Executive Director's designee. (7) Exempt Cattle (from testing requirements)--Cattle that have been physically rendered incapable of intromission at a facility recognized by the commission.(8) Exposed Cattle--Cattle that are part of an affected herd or cattle that have been in contact with Trichomoniasis infected cattle.(9) Herd--(A) All cattle under common ownership or supervision or cattle owned by a spouse that are on one premise; or(B) All cattle under common ownership or supervision or cattle owned by a spouse on two or more premises that are geographically separated, but on which the cattle have been interchanged or where there has been contact among the cattle on the different premises. Contact between cattle on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiological investigation are consistent with the lack of contact between premises; or(C) All cattle on common premises, such as community pastures or grazing association units, but owned by different persons. Other cattle owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiological investigation establishes that cattle from the affected herd have not had the opportunity for direct or indirect contact with cattle from that specific premises. Approved feedlots and approved pastures are not considered to be herds.(10) Herd Test--An official test of all non-virgin bulls in a herd.(11) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status.(12) Infected Cattle--Any cattle determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as infected.(13) Infected Herd--The non-virgin bulls in any herd in which any cattle have been determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as being infected.(14) Movement Permit--Authorization for movement of infected or exposed cattle from the farm or ranch of origin through marketing channels to slaughter or for movement of untested animals to a location where the animals will be held under hold order until testing has been accomplished.(15) Movement Restrictions--A "Hold Order," "Quarantine," or other written document issued or ordered by the commission to restrict the movement of livestock or exotic livestock.(16) Not Detected--Cattle that have been tested with official test procedures and found to have insufficient Tritrichomonas foetus genetic material or live protozoal organisms to be classified as infected.(17) Official Identification/Officially Identified--The identification of livestock by means of an official identification device, official eartag, registration tattoo, or registration brand, or any other method approved by the commission and/or Administrator of the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) that provides unique identification for each animal. Official identification includes USDA alpha-numeric metal eartags (silver bangs tags), 840 Radio-frequency identification (RFID) tags, 840 bangle tags, official breed registry tattoos, and official breed registry individual animal brands.(18) Official Trichomoniasis Test--A test for bovine Trichomoniasis, approved by the commission, applied and reported by TVMDL or any other laboratory approved as an official laboratory by the commission. The test document is valid for 60 days, provided the bull is isolated from female cattle at all times, and may be transferred within that timeframe with an original signature of the consignor.(19) Official Laboratory Pooled Trichomoniasis test samples--Up to five samples individually collected by a veterinarian and packaged and submitted to an official laboratory which can then pool the samples for polymerase chain reaction (PCR) testing only.(20) Positive--Cattle that have been tested with official test procedures and found to be infected with Trichomoniasis.(21) Quarantine--A written commission document or a verbal order followed by a written order restricting movement of animals because of the existence of or exposure to Trichomoniasis. The commission may establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The commission may establish a quarantine to prohibit or regulate the movement of any article or animal that the commission designates to be a carrier of Trichomoniasis and/or an animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.(22) Registered Breeding Cattle--Cattle that belong to a breed registry, which maintains an official list of animals within a specific breed for which there is an association of unique identification for each head of cattle.(23) Test-Eligible Cattle--All sexually intact non-virgin male cattle and all sexually intact male cattle which have erupting or erupted permanent incisor teeth (or older), which are being sold, leased, gifted or exchanged in the state of Texas for breeding purposes.(24) Trichomoniasis--A venereal disease of cattle caused by the organism Tritrichomonas foetus.(25) TVMDL--The official laboratory for testing is the Texas A&M Veterinary Medical Diagnostic Laboratory.(26) Virgin Bull--Sexually intact male registered breeding cattle which have not serviced a cow and which are not more than 18 months of age as determined by the eruption of the two permanent central incisors or birth date on breed registry papers certified by the breeder; or not more than 30 months of age and certified by both the breeder based on birth date and confirmed by his veterinarian that the bull facility is sufficient to prevent contact with female cattle. The virgin certification by the breeder is valid for 60 days, provided the bull is isolated from female cattle at all times, and may be transferred within that timeframe with an original signature of the consignor.</content><note type="source"><p>Source Note: The provisions of this §38.1 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective November 2, 2010, 35 TexReg 9687; amended to be effective August 14, 2011, 36 TexReg 5090; amended to be effective February 5, 2013, 38 TexReg 494; amended to be effective October 9, 2014, 39 TexReg 7911; amended to be effective October 28, 2015, 40 TexReg 7395; amended to be effective January 2, 2017, 41 TexReg 10554; amended to be effective October 6, 2019, 44 TexReg 5611; amended to be effective December 27, 2022, 47 TexReg 8525; amended to be effective December 10, 2025, 50 TexReg 7877.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.2"><num value="38.2">§38.2</num><heading>General Requirements</heading><content>(a) Test Requirements. All Texas origin bulls sold, leased, gifted, exchanged or otherwise changing possession for breeding purposes in the State of Texas shall meet the following testing or certification requirements prior to sale or change of ownership in the state:(1) Be certified as virgin, by the breeder or his representative, on and accompanied by a breeder's certificate of virgin status; or(2) If from a herd of unknown status (a herd that has not had a whole herd test), be tested not detected on three consecutive culture tests conducted not less than seven days apart or one PCR test conducted within 60 days of sale or movement, be held separate from all female cattle since the test sample was collected, and be accompanied by a Trichomoniasis test record showing the not detected test results.(b) Identification of Bulls. All bulls certified as virgin bulls shall be identified by an official identification device or method on the breeder's certification of virgin status. All bulls tested for Trichomoniasis shall be officially identified at the time the initial test sample is collected. That official identification shall be recorded on the test documents prior to submittal.(c) Confirmatory Test. The owner of any bull which tests positive for Trichomoniasis may request in writing to the TAHC Region Director, within five days of the positive test, that the commission allow a confirmatory test be performed on the positive bull. The confirmatory test must be conducted within 30 days after the date of the original test.(1) If the confirmatory test is positive, the bull will be classified as infected with Trichomoniasis.(2) If the confirmatory test is not detected, the bull shall be retested in not less than seven days to determine its disease status.(3) If the confirmatory test reveals that the bull is only infected with fecal trichomonads, the test may be considered not detected.(d) Untested Bulls. Bulls presented for sale without a breeder's certification of virgin status for registered breeding cattle or a Trichomoniasis test record showing not detected test results may:(1) Be sold for movement only directly to slaughter; or(2) Be sold for movement to a Trichomoniasis certified facility and then moved to slaughter or transported back to a livestock market under permit, issued by commission personnel, to be sold in accordance with this chapter; or(3) Be sold and moved under a Hold Order to such place as specified by the commission for testing to change status from a slaughter bull. Such bulls shall be officially individually identified with a permanent form of identification prior to movement, move to the designated location on a movement permit, and be held in isolation from female cattle at the designated location where the bull shall undergo three consecutive culture tests at least seven days apart or one PCR test. Testing shall be conducted within seven days of the purchase date. If the results of any test are positive, all bulls in the herd of origin of the positive bull shall be placed under hold order and tested as provided by subsection (e) of this section. The positive bull shall be classified as infected and be permitted for movement only directly to slaughter or to a livestock market for sale directly to slaughter; or(4) Be sold and moved to another physical location under permit issued by commission personnel, and then to a livestock market or location to be resold within seven days from the date of issuance. The bull cannot be commingled with female cattle during the seven days.(e) Herd of Origin or Unit Testing.(1) All bulls that are part of a herd of origin from which a bull is sold in accordance with subsection (d)(3) of this section and is found to be infected with Trichomoniasis shall be placed under hold order and officially tested for Trichomoniasis.(2) All bulls that are part of a unit of origin, as epidemiologically determined by the commission, from which a bull becomes separated and that bull is found to be positive for Trichomoniasis shall be placed under a hold order and officially tested for Trichomoniasis. All bulls that are part of the unit on which the separated positive bull was located, as epidemiologically determined by the commission, shall also be placed under hold order and officially tested for Trichomoniasis. (3) Officially tested, as used in this subsection, requires at a minimum three official culture tests conducted not less than seven days apart, or one official PCR test. If the results of any test that are required by this subsection are positive, the herd shall be tested as provided by §38.3 of this chapter (relating to Infected Herds).</content><note type="source"><p>Source Note: The provisions of this §38.2 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective November 2, 2010, 35 TexReg 9687; amended to be effective February 5, 2013, 38 TexReg 494; amended to be effective February 4, 2014, 39 TexReg 484; amended to be effective October 9, 2014, 39 TexReg 7911; amended to be effective October 6, 2019, 44 TexReg 5611; amended to be effective December 27, 2022, 47 TexReg 8525; amended to be effective December 10, 2025, 50 TexReg 7877.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.3"><num value="38.3">§38.3</num><heading>Infected Herds</heading><content>(a) Bulls that have been determined to be infected by culture or by PCR test and/or by confirmatory PCR test shall be placed under hold order along with all other non-virgin bulls in the bull herd. Infected bulls must be isolated from all female cattle from the time of diagnosis until final disposition or as directed by the commission. Breeding bulls which test positive for Trichomoniasis may be retested provided: the owners, or their agents initiate a written request to the TAHC Region Director where the bull is located within five business days of the positive test; that retests are conducted within 30 days after the date of the original test; test samples for retests are submitted to the TVMDL for testing; and the positive bull is held under quarantine along with all other exposed bulls on the premise. If they are retested, they must have two consecutive not detected tests by PCR within 30 days of the initial test to be released from hold order or quarantine.(b) Positive bulls may be moved directly to slaughter or to a livestock market for sale directly to slaughter. In order to move, the bulls shall be individually identified by official identification device on a movement permit authorized by the commission from the ranch to the market and from the market to the slaughter facility, or from the ranch directly to the slaughter facility. Movement to slaughter shall occur within 30 days from disclosure of positive test results (or confirmatory test results) or as directed by the commission.(c) All bulls that are part of a herd in which one or more bulls have been found to be infected shall be placed under hold order in isolation away from female cattle until they have undergone at least two additional culture tests with not detected results (not less than a total of three not detected culture tests or two not detected PCR tests) within 60 days of the initial test unless handled in accordance with subsection (d) of this section. All bulls remaining in the herd from which an infected bull(s) has been identified must be tested two more times by culture or one more time by PCR test. Any bull positive on the second or third test shall be classified as positive. All bulls not detected to all three culture tests or both PCR tests shall be classified as not detected and could be released for breeding.(d) Breeding bulls that are part of a quarantined herd or a herd that is under a hold order and tests not detected to the first official Trichomoniasis test may be maintained with the herd if the owner or caretaker of the bulls develops a Trichomoniasis herd control plan with a certified veterinarian. The Trichomoniasis herd control plan shall require all breeding bulls to be tested annually with an official Trichomoniasis test and include other best management practices to control, eliminate and prevent the spread of Trichomoniasis. The Trichomoniasis herd control plan, unless otherwise approved or disapproved by the commission, expires three years from the date the plan is signed by the herd owner or caretaker and the authorized veterinarian. Breeding bulls that are part of a Trichomoniasis herd control plan that expires or that is disapproved must be tested for Trichomoniasis as required by subsection (c) of this section.(e) When Trichomoniasis is diagnosed in female cattle or fetal tissue, all breeding bulls associated with the herd will be restricted under a Hold Order for testing in accordance with this section.(f) If male or female cattle are found to be infected with Trichomoniasis, then bulls that are located or were located on property adjacent to the infected animal within 30 days from the date the infected animal was removed from such property shall be officially tested for Trichomoniasis. Such bulls shall be tested within a timeframe as determined by the commission. The commission shall provide written notification to the owner or caretaker of the bulls specifying the timeframe in which the bulls must be tested. The commission may waive this testing requirement if it is epidemiologically determined by the commission that testing is not required.</content><note type="source"><p>Source Note: The provisions of this §38.3 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective November 2, 2010, 35 TexReg 9687; amended to be effective August 14, 2011, 36 TexReg 5090; amended to be effective February 5, 2013, 38 TexReg 494; amended to be effective October 9, 2014, 39 TexReg 7911; amended to be effective October 28, 2015, 40 TexReg 7395; amended to be effective October 6, 2019, 44 TexReg 5611; amended to be effective December 27, 2022, 47 TexReg 8525; amended to be effective December 10, 2025, 50 TexReg 7877.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.4"><num value="38.4">§38.4</num><heading>Certified Veterinary Practitioners</heading><content>(a) Only certified veterinarians may perform Trichomoniasis program procedures, including but not limited to, collection of samples for official tests for Trichomoniasis within the state of Texas, submission of samples to official laboratories, identification of tested bulls and virgin bulls, management of Trichomoniasis infected bull herds, movement of infected bulls, and reporting of test results. In order to collect and submit Trichomoniasis samples a veterinary practitioner shall be certified to perform Trichomoniasis program procedures. In order to be certified, a veterinarian shall also have a license to practice veterinary medicine in the state of Texas, USDA-APHIS Category II accreditation, and TAHC authorized personnel status.(b) All veterinarians desiring to perform Trichomoniasis program functions shall participate in a certification program on Trichomoniasis program requirements and procedures before performing any Trichomoniasis program functions, including but not limited to review of the disease, proper sample collection techniques, sample preservation and laboratory submission, identification of animals, management of infected herds and shipment of infected or exposed animals to slaughter. The official certification program shall be conducted by or under the auspices of the Commission. Certified veterinarians shall be recertified every five years.(c) Certified veterinarians shall utilize approved procedures for collection of samples, identification of animals and submission of samples to laboratories.(d) Certified veterinarians shall only utilize the official laboratories for culture of Trichomoniasis samples.(e) Certified veterinarians shall submit all Trichomoniasis samples including all official identification on official Trichomoniasis test and report forms to the TVMDL in accordance with §38.6 of this chapter (relating to Official Trichomoniasis Tests).</content><note type="source"><p>Source Note: The provisions of this §38.4 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective February 5, 2013, 38 TexReg 494; amended to be effective January 2, 2017, 41 TexReg 10554; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.5"><num value="38.5">§38.5</num><heading>Official Laboratories</heading><content>(a) The official Trichomoniasis laboratories are the TVMDL laboratories or other laboratories approved by the Commission.(b) All results of Trichomoniasis tests shall be reported to the Commission within forty-eight (48) hours of completion of the tests, by the testing laboratory or the veterinarian making the diagnosis.</content><note type="source"><p>Source Note: The provisions of this §38.5 adopted to be effective January 1, 2010, 34 TexReg 1977.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.6"><num value="38.6">§38.6</num><heading>Official Trichomoniasis Tests</heading><content>Approved Tests. Approved tests for Trichomoniasis testing within the State of Texas shall include the culture or Polymerase Chain Reaction (PCR) testing of samples collected by certified veterinarians following approved collection, handling and shipping protocols, then tested in approved laboratories.(1) Official Culture Tests. An official test is one in which the sample, collected in an InPouch, is received in the official laboratory, in good condition, within 48 hours of collection or is incubated in an InPouch by the collecting veterinarian for 48 hours after collection, and such sample is submitted to be tested according to the "Official Protocol for Culture of Trichomoniasis." Samples in transit for more than 48 hours will not be accepted for official culture testing. During transportation, the organisms should be protected from exposure to daylight and extremes of temperature, which should remain above 15 degrees Celsius (59 degrees Fahrenheit) and below 37 degrees Celsius (98.6 degrees Fahrenheit).(2) Official Polymerase Chain Reaction (PCR) Tests. PCR is accepted as an official test or an official confirmatory test when completed by a qualified laboratory, approved by the Executive Director, and meets the following requirements:(A) A Trichomoniasis sample submitted in an InPouch must be received in the official laboratory, in good condition, within 48 hours of collection or incubated by the collecting veterinarian for 48 hours after collection and submitted to arrive at the laboratory within 96 hours of collection. Trichomoniasis samples pooled at the laboratory may qualify as official tests at a ratio of up to five individually collected samples pooled for one test. Veterinary practitioners may not submit pooled samples for an official test.(B) A Trichomoniasis sample submitted in phosphate buffered saline (PBS) or sterile saline must be received in the official laboratory, in good condition, within 120 hours of collection. Trichomoniasis samples pooled at the laboratory may qualify as official tests at a ratio of up to five individually collected samples pooled for one test. Veterinary practitioners may not submit pooled samples for an official test.(3) Other Official Tests. Other tests for Trichomoniasis may be approved by the Commission, as official tests, after the tests have been proven effective by research, have been evaluated sufficiently to determine efficacy, and a protocol for use of the test has been established.</content><note type="source"><p>Source Note: The provisions of this §38.6 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective August 14, 2011, 36 TexReg 5090; amended to be effective February 5, 2013, 38 TexReg 494; amended to be effective January 2, 2017, 41 TexReg 10554; amended to be effective September 12, 2017, 42 TexReg 4613; amended to be effective October 6, 2019, 44 TexReg 5611; amended to be effective December 27, 2022, 47 TexReg 8525.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.7"><num value="38.7">§38.7</num><heading>Review of the Program</heading><content>The Commission shall establish a Trichomoniasis Program Review Working Group consisting of members from the cattle industry, veterinary profession, veterinary diagnostic laboratory, veterinary college, extension service and agency representatives which shall annually review the Trichomoniasis program and make recommendations to the Commission on amendments to program components or operation, or whether or not the program should be continued.</content><note type="source"><p>Source Note: The provisions of this §38.7 adopted to be effective January 1, 2010, 34 TexReg 1977.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c38/sc/s38.8"><num value="38.8">§38.8</num><heading>Herd Certification Program--Breeding Bulls</heading><content>Enrollment Requirements. Herd owners who enroll in the Trichomoniasis Herd Certification Program shall sign a herd agreement with the commission and maintain the herd in accordance with the herd agreement and following conditions:(1) All non-virgin breeding bulls shall be tested annually for Tritrichomonas foetus for three consecutive years as required by the herd agreement.(2) During the three year inception period, all non-virgin breeding bulls that are sold, leased, gifted, exchanged or otherwise change possession shall be tested for Tritrichomonas foetus within 30 days prior to such change in possession. The test must be completed and test results known prior to the time a bull(s) is physically transferred to the receiving premises or herd.(3) Not detected Tritrichomonas foetus bulls will be identified with official identification.(4) All slaughter bulls removed from the herd must be tested for Tritrichomonas foetus. The test may be performed at a slaughter facility if prior arrangement with a certified veterinarian and an appropriate agreement with the slaughter facility management is made.(5) Bovine females added to a certified herd shall not originate from a known Tritrichomonas foetus infected herd. Female herd additions must originate from a certified Tritrichomonas foetus free herd or qualify in one of the following categories:(A) calf at side and no exposure to other than known not detected Tritrichomonas foetus bulls; (B) checked by an accredited veterinarian, at least 120 days pregnant and so recorded;(C) virgin; or(D) heifers exposed as virgins only to known not detected Tritrichomonas foetus infected bulls and not yet 120 days pregnant.(6) Records must be maintained for all tests including all non-virgin bulls entering the herd and made available for inspection by a designated accredited veterinarian or state animal health official.(7) All non-virgin bulls shall be tested for Tritrichomonas foetus every two years after the initial three year inception period to maintain certification status.(8) Herd premises must have perimeter fencing adequate to prevent ingress or egress of cattle.(9) All bulls originating from a Trichomoniasis Certified Free Herd that is maintained in accordance with this section and the herd agreement are exempt from the testing requirement found in §38.2 of this chapter (relating to General Requirements).</content><note type="source"><p>Source Note: The provisions of this §38.8 adopted to be effective July 13, 2010, 35 TexReg 6062; amended to be effective August 14, 2011, 36 TexReg 5090; amended to be effective October 9, 2014, 39 TexReg 7911; amended to be effective December 27, 2022, 47 TexReg 8525; amended to be effective December 10, 2025, 50 TexReg 7877.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c39"><num value="39">CHAPTER 39</num><heading>SCABIES AND MANGE MITES</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c39/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.1"><num value="39.1">§39.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Approved product--A product indicated to be effective for the treatment and control of scabies and mange mites in livestock. (2) Authorized veterinarian--Veterinarians who are licensed to practice veterinary medicine in Texas, are Category II accredited by USDA, APHIS, VS for the State of Texas; and have satisfactorily completed Texas Animal Health Commission disease control or eradication program training or provide documentation to the executive director that they have satisfactorily completed substantially similar disease control or eradication program training. (3) Commission--The Texas Animal Health Commission. (4) Exposed livestock--Livestock that have had direct or indirect contact with animals infested with scabies or mange mites. (5) Exposed or infested herd--Herd of livestock where one or more head have been confirmed to be infested with scabies or mange mites. The exposed status continues until the prescribed course of treatment is completed and inspected by the commission, USDA, APHIS, VS or an authorized veterinarian. (6) Infested livestock--Livestock that have been confirmed to be infested with the scabies or mange mite. (7) Livestock--Cattle, sheep, or goats. (8) Scabies or mange mites--As used herein include Chorioptes bovis, Psoroptes bovis, and Sarcoptes scabiei mites which are reportable to the commission and commonly referred to as chorioptic, psoroptic and sarcoptic mange, mange or scabies. (9) USDA, APHIS, VS--United States Department of Agriculture, Animal Plant Health Inspection Service, Veterinary Services.</content><note type="source"><p>Source Note: The provisions of this §39.1 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.2"><num value="39.2">§39.2</num><heading>Scabies or Mange Mites Infested or Exposed Livestock</heading><content>(a) The owner or caretaker of livestock infested with or exposed to scabies or mange mites must treat the livestock as prescribed herein and under supervision of the commission, the USDA, APHIS, VS or an authorized veterinarian.(b) All livestock infested with or exposed to scabies or mange mites must be treated with an approved product. The product must be applied in a manner consistent with the product's label or labeling, which includes, but is not limited to, the target species, product indications, use, dosage, administration, intervals, withdrawal, animal safety warnings, precautions and all other conditions specified in the label.(c) If there is a discrepancy between requirements contained in federal laws or regulations, state laws or regulations, or the product label, the most restrictive requirement shall apply unless otherwise authorized by the commission or the USDA, APHIS, VS.(d) The person treating any infested or exposed livestock must maintain records of all livestock treated for a minimum of five years from the date of the last treatment. The records must show the owner's or caretaker's name and address, county of origin for the livestock, species and number of animal(s) treated, date of treatment, product used, method of treatment and concentration or dose of treatment.(e) Treated livestock must be maintained physically separated from all untreated livestock until quarantine release.(f) When dipping or spraying is the selected treatment, livestock must be treated in a manner to allow complete saturation of the livestock's skin and head.</content><note type="source"><p>Source Note: The provisions of this §39.2 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.3"><num value="39.3">§39.3</num><heading>Quarantines and Release</heading><content>Livestock infested with or exposed to scabies or mange mites will be immediately quarantined. Unless otherwise approved by the commission, the quarantine will not be released until such time that all livestock in the herd have been properly treated and inspected not less than 14 days after the last required treatment is completed. The herd must be inspected by the commission, the USDA, APHIS, VS, or an authorized veterinarian and the quarantine will be released only when such inspection shows all livestock to be free from scabies or mange mites.</content><note type="source"><p>Source Note: The provisions of this §39.3 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.4"><num value="39.4">§39.4</num><heading>Duties of Owners or Caretakers of Livestock Infested with or Exposed to Scabies or Mange Mites</heading><content>It shall be the duty of all owners and caretakers of livestock quarantined for infestation or exposure to scabies or mange mites to:(1) Assist in the inspection and treatment of the livestock;(2) Provide suitable vats, corrals, pens, or other equipment for the treatment and handling of the livestock;(3) Provide the approved product used for treatment; and(4) Prevent movement of livestock that is in violation of the quarantine.</content><note type="source"><p>Source Note: The provisions of this §39.4 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.5"><num value="39.5">§39.5</num><heading>Livestock at Shows, Fairs, and Exhibitions</heading><content>Livestock that are found to be infested with or exposed to scabies or mange mites must be immediately removed from the premises quarantined at a new location, and physically separated from all other livestock. These livestock must be treated as prescribed by this chapter.</content><note type="source"><p>Source Note: The provisions of this §39.5 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.6"><num value="39.6">§39.6</num><heading>Permitted Dips for Scabies and Mange Mite Eradication</heading><content>(a) The commission will authorize for official dipping of animals only those dips, in the appropriate concentrations, that have been approved by the commission for treatment of scabies and mange mites.(b) The concentration of the dipping chemical used shall be maintained in the percentage specified for official use by means of the approved vat management techniques established for the use of the applicable agent or by an officially approved vat-side test of the commission.</content><note type="source"><p>Source Note: The provisions of this §39.6 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c39/sc/s39.7"><num value="39.7">§39.7</num><heading>Interstate Movement Requirements for Livestock</heading><content>The scabies and mange mites requirements for entry into Texas are located in Chapter 51, §51.7(a) of this title (relating to All Livestock - Special Requirements).</content><note type="source"><p>Source Note: The provisions of this §39.7 adopted to be effective October 9, 2014, 39 TexReg 7913.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c40"><num value="40">CHAPTER 40</num><heading>CHRONIC WASTING DISEASE</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c40/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c40/sc/s40.1"><num value="40.1">§40.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Approved Laboratory--A diagnostic laboratory approved by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Administrator to conduct official tests for CWD in accordance with 9 CFR §55.8.(2) Certified CWD Postmortem Sample Collector--An individual who has completed appropriate training recognized by the commission on the collection, preservation, laboratory submission, and proper recordkeeping of samples for postmortem CWD testing, and who has been certified by the commission to perform these activities.(3) Chronic Wasting Disease (CWD)--A transmissible spongiform encephalopathy of susceptible species. Clinical signs include, but are not limited to, loss of body condition, loss of appetite, incoordination, blank stares, tremors, listlessness, excessive salivation, difficulty swallowing, increased drinking and urination, depression, and other behavioral changes and eventual death.(4) Commingled, Commingling--Cervids of any age are commingled when they have direct physical contact with each other, have less than 10 feet of physical separation or share equipment, pens or stalls, pasture, or water sources/watershed, including contact with bodily fluids or excrement from other cervids (i.e., indirect contact).(5) Commission--The Texas Animal Health Commission (TAHC).(6) CWD-Exposed Animal--A CWD susceptible species that is part of a CWD-positive herd or was determined through an epidemiological investigation to have been exposed to or commingled with a CWD-positive animal.(7) CWD-Positive Animal--An animal that has had a diagnosis of CWD established through official confirmatory testing conducted by the National Veterinary Services Laboratories.(8) CWD-Positive Herd--A herd in which a CWD-positive animal resided at the time of CWD diagnosis.(9) CWD Susceptible Species--All species in the Cervidae family that have had a CWD diagnosis confirmed by an official test conducted by an approved laboratory. Including but not limited to white-tailed deer (Odocoileus virginianus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus columbianus), North American elk or wapiti (Cervus canadensis), red deer (Cervus elaphus), sika deer (Cervus nippon), moose (Alces alces), reindeer and caribou (Rangifer tarandus), muntjac (Muntiacus), and any associated subspecies and hybrids.(10) CWD-Suspect Animal--A CWD susceptible species with unofficial CWD test results, laboratory evidence or clinical signs that suggest a diagnosis of CWD, as determined by a commission representative, but for which official laboratory results are inconclusive or not yet conducted.(11) CWD-Suspect Herd--A CWD susceptible species herd with a CWD-suspect animal. (12) CWD-Trace Herd--A CWD susceptible species herd that has been epidemiologically determined to have been exposed to a CWD-positive animal. (13) Executive Director--The Executive Director of the Texas Animal Health Commission.(14) Herd--A group of cervids that is under common ownership, control, or supervision and is grouped on one or more parts of any single premises or on two or more geographically separated premises where cervids are commingled or have direct or indirect contact with one another.(15) Herd Plan--A written herd or premises management agreement developed by the commission, the herd owner, and other affected parties to control the spread of CWD.(16) Hold Order--A written commission order and action restricting movement of a herd, animal, or animal product pending the determination of CWD status.(17) Location Identification Number (LID)--A nationally unique number assigned by the commission to a premises starting with the state postal abbreviation (TX) followed by six random alphanumeric characters. Each LID is a geographically distinct location associated with a verifiable physical address, geospatial coordinates, or other location descriptors.(18) Official Animal Identification--A device or means of animal identification approved by USDA to uniquely identify individual animals. The official animal identification must include a nationally unique animal identification number that adheres to one of the following numbering systems:(A) National Uniform Eartagging System (NUES);(B) Animal Identification Number (AIN);(C) Premises-based number system using a Premises Identification Number (PIN) or Location Identification Number (LID) in conjunction with a livestock production numbering system; or(D) Any other numbering system approved by the commission for the identification of animals in commerce.(19) Official CWD Test--A USDA-validated immunohistochemistry (IHC) test or Enzyme-Linked Immunosorbent Assay (ELISA) test of appropriate tissue samples for the diagnosis of CWD conducted in an approved laboratory. (20) Postmortem tissue samples--Means the obex, both medial retropharyngeal lymph nodes, and an official animal identification device attached to ear or skin tissue collected and prepared under USDA guidelines for CWD postmortem sample collection.(21) Premises Identification Number (PIN)--A nationally unique number assigned by the commission or USDA to a premises. Each PIN is a geographically distinct location associated with a verifiable physical address, geospatial coordinate, or other location descriptors.(22) Quarantine--A written commission order and action of restricting animal or animal product movement from or onto a premises because of the existence of or exposure to CWD.(23) USDA--The United States Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §40.1 adopted to be effective August 22, 1999, 24 TexReg 6280; amended to be effective February 5, 2013, 38 TexReg 495; amended to be effective October 7, 2013, 38 TexReg 6911; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 4, 2022, 47 TexReg 5323; amended to be effective September 5, 2023, 48 TexReg 4839; amended to be effective September 16, 2025, 50 TexReg 6009.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c40/sc/s40.2"><num value="40.2">§40.2</num><heading>General Requirements</heading><content>(a) Procedures for issuing hold orders and quarantines.(1) Any CWD-suspect animals and CWD-suspect herds shall be immediately reported to a commission representative. A CWD-suspect herd may be restricted by hold order until the commission's epidemiologic investigation and approved laboratory testing are complete.(2) A CWD-positive herd may be restricted by quarantine or hold order until the requirements of subsection (b)(2) of this section are complete.(3) A CWD-trace herd may be restricted by quarantine or hold order until the requirements of subsection (b)(3) of this section are complete.(4) Any CWD-suspect herd, CWD-positive herd, or CWD-trace herd not complying with the epidemiologic investigation or herd plan requirements may be restricted by quarantine.(b) Requirements for CWD-suspect herds, CWD-trace herds, or CWD-positive herds.(1) Upon request of the commission, animals in a CWD-suspect herd shall be presented to a commission representative for the purpose of inspection or to collect and submit appropriate samples to an approved laboratory for diagnosis.(2) Disposition of a CWD-positive herd. If a CWD-positive herd is subject to a quarantine or hold order, the commission will develop a herd plan in consultation with the herd owner, and, if requested, their veterinarian. The herd plan will specify the measures to be implemented to minimize the transmission of CWD and the steps required to complete the herd plan. Unless otherwise determined by a commission epidemiologist and approved by the executive director, a CWD-positive herd shall be maintained under the terms of the herd plan until all the requirements of the herd plan are met. (3) Disposition of CWD-trace herds. If a CWD-trace herd is subject to a quarantine or hold order, the commission will develop a herd plan in consultation with the owner, and, if requested, their veterinarian. The herd plan will specify the measures to be implemented to minimize the transmission of CWD and the steps required to complete the herd plan. Unless otherwise determined by a commission epidemiologist and approved by the executive director, a CWD-trace herd shall be maintained under the terms of the herd plan until all requirements of the herd plan are met.(c) Disposal of CWD-suspect animal and CWD-exposed animal carcasses. After all required postmortem tissue samples are collected, carcasses or remaining parts of CWD-suspect animals and CWD-exposed animals, including all animal products, by-products, and contaminated materials, shall be disposed of by deep burial or incineration on the premises where the animal was located or at a facility approved by the commission.(d) Payment of indemnity. The commission may participate in paying indemnity to purchase and dispose of CWD-positive animals, CWD-exposed animals, and CWD-suspect animals. Subject to available funding, the amount of the state payment for any such animals will be five percent of the appraised value established in accordance with 9 CFR §55.3. This payment is in participation with any federal indemnity payments made in accordance with 9 CFR §55.2.</content><note type="source"><p>Source Note: The provisions of this §40.2 adopted to be effective August 22, 1999, 24 TexReg 6280; amended to be effective August 25, 2002, 27 TexReg 7513; amended to be effective February 5, 2013, 38 TexReg 495; amended to be effective October 7, 2013, 38 TexReg 6911; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 5, 2023, 48 TexReg 4839; amended to be effective September 16, 2025, 50 TexReg 6009.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c40/sc/s40.4"><num value="40.4">§40.4</num><heading>Entry Requirements</heading><content>(a) Entry requirements for live animals transported into this state are located in §51.10 of this title (relating to Cervidae).(b) CWD Susceptible Species Carcass Movement Restrictions for Entering this State. No person may transport into this state or possess any part of a CWD susceptible species from a state, Canadian province, or other place outside of Texas where CWD has been detected in free-ranging or captive herds, except as provided in this section.(c) Subsection (b) of this section does not apply to CWD susceptible species processed in accordance with this section as follows:(1) meat that has been cut up and packaged (boned or filleted);(2) a carcass that has been reduced to quarters with no brain or spinal tissue present;(3) a cleaned hide (skull and soft tissue must not be attached or present);(4) a whole skull (or skull plate) with antlers attached, provided the skull plate has been completely cleaned of all soft tissue;(5) finished taxidermy products;(6) cleaned teeth; or(7) tissue prepared and packaged for delivery to and use by a diagnostic or research laboratory.(d) The skinned or unskinned head of a CWD susceptible species from a state, Canadian province, or other place outside of Texas may be transported to a taxidermist for taxidermy purposes, provided all brain material, soft tissue, spinal column and any unused portions of the head are disposed of in a landfill in Texas permitted by the Texas Commission on Environmental Quality.</content><note type="source"><p>Source Note: The provisions of this §40.4 adopted to be effective June 23, 2002, 27 TexReg 5173; amended to be effective January 2, 2017, 41 TexReg 10556; amended to be effective October 14, 2021, 46 TexReg 6905.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c40/sc/s40.5"><num value="40.5">§40.5</num><heading>Surveillance and Movement Requirements for Exotic CWD Susceptible Species</heading><content>(a) Definitions. In addition to the definitions in §40.1 of this chapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings:(1) Captive- designation of a group of exotic CWD Susceptible Species that are held in confinement on a premises by fencing or natural barriers that are intended to prevent the ingress and egress of cervids.(2) Eligible Mortality--The death from any cause of an exotic CWD susceptible species that is 12 months of age or older. This includes hunter harvest or herd culling on the premises, natural mortalities on the premises, and animals moved directly to slaughter.(3) Exotic CWD Susceptible Species--A non-native cervid species determined to be susceptible to CWD, which means a species that has had a diagnosis of CWD confirmed by an official test conducted by an approved laboratory. This includes but is not limited to North American elk or wapiti (Cervus canadensis), red deer (Cervus elaphus), sika deer (Cervus nippon), moose (Alces alces), reindeer and caribou (Rangifer tarandus), muntjac (Muntiacus), and any associated subspecies and hybrids. All mule deer, white-tailed deer, and other native species under the jurisdiction of the Texas Parks and Wildlife Department are excluded from this definition and application of this section.(4) Premises--A physical location(s) which is contiguous, under common ownership or management, and represents a unique and describable geographic location.(5) Transport--Movement of an exotic CWD susceptible species from one non-contiguous property or premises to another.(b) Annual Surveillance Requirements. Each calendar year, the owner of a premises with captive exotic CWD susceptible species must test all eligible mortalities using an official CWD test until three valid test results are obtained and reported to the commission. To be valid, testing samples must be submitted within seven days in accordance with subsection (d) of this section and all results must be reported in accordance with subsection (e) of this section. No more than three valid tests results are required for each premise each calendar year to meet this annual surveillance requirement. This requirement applies to any premises where exotic CWD susceptible species are located and is not dependent on the live movement of any of these species or fence height.(c) Movement Reporting and Identification Requirements.(1) Live exotic CWD susceptible species moved or transported within the state shall be identified with an official animal identification. (2) To move live exotic CWD susceptible species to or from a premises, the owner must obtain a PIN or LID from the commission or USDA.(3) An owner of a premises where captive exotic CWD susceptible species are located shall keep herd records that include an annual inventory and mortality records for all exotic CWD susceptible species. The inventory shall be reconciled and submitted to the commission on or before April 1 of each year by mail to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov. Annual inventory records shall be retained for five years following submission to the commission.(4) A complete movement record for all live exotic CWD susceptible species moved onto or off of a premises shall be submitted to the commission, either in hard or electronic copy on forms provided or authorized by the commission. The person moving the exotic CWD susceptible species must have documentation with the exotic CWD susceptible species being moved to show compliance with the requirements of this subsection. A copy of this documentation must be provided to any market selling these species. Such record shall be submitted within 48 hours of the movement. Movement reporting shall be directed to the commission by writing to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.(d) Testing Requirements. Exotic CWD susceptible species shall be tested for CWD using an official CWD test unless alternative testing is authorized in writing by the commission. Unless the whole head is submitted for testing, postmortem tissue samples must be collected and prepared by a state or federal animal health official, an accredited veterinarian, or a certified CWD postmortem sample collector.(e) Test Result Reporting. The owner shall submit all test results and laboratory reports to the commission within 14 days of receiving the test results by mail to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.(f) Mortality Recordkeeping.(1) The owner of a premises where a captive exotic CWD susceptible species eligible mortality occurs shall maintain the following mortality records:(A) the date the exotic CWD susceptible species died or was harvested;(B) the species, age, and sex of the animal;(C) all official animal identification; and(D) any other identification number, official or unofficial, on the animal.(2) The mortality records shall be made available upon request to any commission representative.(3) The mortality records shall be submitted to the commission on or before April 1 of each year by writing to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.(4) The mortality record shall be on a form provided or approved by the commission and shall be retained for one year following submission to the commission.(g) Inspection. To ensure compliance with these rules, a premises where exotic CWD susceptible species are located may be inspected by the commission or authorized agents of the commission.(h) Dealer Requirements. A dealer is a person engaged in the business of buying or selling exotic CWD susceptible species in commerce on the person's own account, as an employee or agent of a vendor, purchaser, or both, or on a commission basis. To maintain separate herd status for the animals a dealer sells, a dealer shall maintain separate herd facilities and separate water sources; there shall be at least 30 feet between the perimeter fencing around separate herds; and no commingling of animals may occur. Movement of animals between herds must be recorded as if they were separately owned herds. A dealer shall maintain records for all exotic CWD susceptible species transported within the state or where there is a transfer of ownership, and provide these to a commission representative upon request. Records required to be kept under the provisions of this section shall be maintained for not less than five years and shall include the following information:(1) Owner's name;(2) Location where the animal was sold or purchased;(3) Official identification and, if applicable, Ranch tag; note any retags;(4) Sex and age of animal;(5) Source of animal (if purchased addition);(6) Movement to other premises; and(7) Disposition of the animal.</content><note type="source"><p>Source Note: The provisions of this §40.5 adopted to be effective June 12, 2013, 38 TexReg 3538; amended to be effective May 30, 2017, 42 TexReg 2820; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 5, 2023, 48 TexReg 4839; amended to be effective September 16, 2025, 50 TexReg 6009.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c40/sc/s40.7"><num value="40.7">§40.7</num><heading>Executive Director Declaration of a CWD Movement Restriction Zone</heading><content>(a) Order Declaring a CWD Movement Restriction Zone. The executive director may issue an Order to declare a CWD Movement Restriction Zone based on sound epidemiological principles for disease detection, control, and eradication. The epidemiological criteria used for designating an area or county as high risk may include the presence of disease, multiple CWD-positive animals in the area, and common husbandry and animal use practices that could lead to disease exposure.(b) The Order shall contain the following elements:(1) The epidemiological criteria for which the order is being issued.(2) A description of the area or county determined to be high risk that enables a person to identify the area and determine if a premises is included in the area.(3) A statement that movement of CWD susceptible species is prohibited, if the executive director determines the threat of disease spread warrants such action.(4) Any exceptions, terms, conditions, or provisions prescribed under this chapter.(5) The class of persons authorized by the commission or the executive director to issue certificates or permits permitting movement.(6) Any authorized movement certificate or permit must be issued in conformity with the requirements stated in the high-risk Order:(A) The executive director may provide a written certificate or written permit authorizing the movement of CWD susceptible species from locations where the CWD susceptible species have been restricted.(B) The certificate or permit must be issued by a commission representative.(7) If the Order prohibits the movement of any CWD susceptible species until tested negative for the disease, the executive director may prescribe:(A) any exceptions;(B) terms;(C) conditions; or(D) provisions the executive director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the quarantine without endangering those objectives or the health and safety of other CWD susceptible species.(c) Publication of Notice. The executive director shall give notice of the Order:(1) By publishing notice in a newspaper published in the county where the high-risk area is established; or(2) By delivering a written notice to the owner or caretaker of the animals or places to be restricted.</content><note type="source"><p>Source Note: The provisions of this §40.7 adopted to be effective February 5, 2013, 38 TexReg 495; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 16, 2025, 50 TexReg 6009.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c40/sc/s40.8"><num value="40.8">§40.8</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §40.8 adopted to be effective October 14, 2021, 46 TexReg 6905.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c41"><num value="41">CHAPTER 41</num><heading>FEVER TICKS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c41/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.1"><num value="41.1">§41.1</num><heading>Definition of Terms</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Adjacent premise--A premise that borders an exposed or infested premise, including premises separated by roads, double fences, or fordable streams. A premise that would normally be classified as adjacent may be exempted from adjacent premise requirements by a State or Federal epidemiologist if the premise is separated from the exposed or infested premise by double fencing, sufficient to prevent the spread of ticks, with one of the fences being game-proof.(2) Animal--Any domestic, free-range, or wild animal capable of hosting or transporting ticks capable of carrying Babesia, including livestock; zebras, bison, and giraffes; and deer, elk, and other cervid species.(3) Certificate--A document authorizing movement of livestock issued by an authorized representative of the commission after the livestock have been treated in a manner prescribed by the commission for the area and premise from which they originate.(4) Check premise--A premise located in a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area that is not classified as an infested, exposed, or adjacent premise.(5) Control purpose quarantine area--A premise or property designated by the commission for a systematic inspection of livestock and premises and control of the movement of livestock in order to investigate and control a suspected exposure of animals to ticks outside the tick eradication quarantine area. The boundaries of the area will be determined by evaluation of the barriers to the potential spread of ticks.(6) Designated Fever Tick Epidemiologist (DFTE)--A State or Federal epidemiologist designated to make decisions concerning the use and interpretation of exposure to fever ticks and to manage the Fever Tick program. The DFTE must be selected jointly by the Executive Director of the commission and the USDA-APHIS, VS representative for Texas. The DFTE has the responsibility to determine the scope of epidemiologic investigations, determine the status of herds, assist in development of individual herd plans, and coordinate fever tick surveillance and eradication programs within his or her geographic area of responsibility. The DFTE has authority to make independent decisions concerning the management of herds and use of property and limiting the impact of wildlife when those decisions are supported by sound fever tick eradication principles.(7) Dipping or treating--If the commission requires livestock to be dipped, the livestock shall be submerged in a vat. A spray-dip machine may be used in areas where a vat is not reasonably available. Careful hand spraying may be used for easily restrained horses and show cattle, and when specifically authorized, certain zoo or domestic animals. Livestock unable to go through a dipping vat because of size or physical condition may be hand sprayed. The treatment must be paint marked so that it can be identified for at least 17 days. If the commission determines that free-ranging wildlife and exotic animals, which are capable of hosting fever ticks, require treatment, they shall be treated by methods and for the duration of time approved by the commission.(8) Exposed livestock--Any of the following factors shall constitute livestock as being exposed:(A) Livestock that have entered an infested or exposed premise and have not been dipped and removed from the infested or exposed premise within 14 days after entry.(B) Livestock that have occupied an exposed premise and have not completed treatment required for movement from an exposed premise.(C) Livestock that have entered Texas from Mexico without a certificate from the United States Department of Agriculture.(9) Exposed premise--A premise shall be considered exposed if systematic treatment has not been completed and if either of the following conditions apply:(A) Ticks have been found on livestock that have been on the premise for less than 14 days.(B) A premise that has received exposed livestock, or equipment or material capable of carrying ticks from an infested or exposed premise.(10) Fever Tick Vaccine--A biological treatment administered by injection to an animal that stimulates a potent immune response against fever tick proteins, which prevents the infestation of ticks capable of carrying Babesia.(11) Free area--An area designated by the commission as being free of ticks or exposure to ticks. The extent of the area will be determined by the appropriate barriers to the potential spread of ticks.(12) Game proof fence--A fence that has a minimum height of eight feet, consisting of wire mesh of sufficiently small size to prevent or impede the movement of domestic or exotic wildlife over, under, or through the fenced area.(13) Individual herd plan--A written disease management plan that is developed by the herd or land owner(s) and/or their representative(s), and a State or Federal DFTE to eradicate fever ticks or potential exposure to fever ticks from an affected herd or property. The herd plan will include appropriate treatment frequencies, treatments to be employed, and any additional fever tick management or herd management practices, including vaccination, deemed necessary to eradicate fever ticks from the herd or on an infected or exposed premise in an efficient and effective manner. The plan must be approved by the Executive Director of the commission and the USDA-APHIS, VS representative for Texas, and have the concurrence of the DFTE.(14) Infested livestock--Livestock shall be considered infested if eradication treatment for movement from an infested premise has not been completed and if either of the following conditions apply:(A) Ticks have been found on livestock.(B) Livestock which occupy a premise where ticks have been found on livestock that have been on the premise more than 14 days.(15) Infested premise--A premise where ticks have been found on livestock that have been on the premise for more than 14 days, and systematic treatment has not been completed.(16) Livestock--Any domestic animal or any free ranging animals found on a premise or captured wild animal that is capable of hosting or transporting ticks capable of carrying babesia (the causative agent of cattle tick fever), including, but not limited to, cattle, horses, mules, jacks, jennets, zebras, buffalo, giraffe, and deer.(17) Permit--A document issued by an authorized representative of the commission allowing specified movement of livestock.(18) Premise--An area which can be defined by boundaries of recognizable physical barriers that prevent livestock from crossing the boundaries under ordinary circumstances; or an area that livestock do not ordinarily inhabit that the commission defines by recognizable features.(19) Premise inspection--A routine inspection by an authorized representative of the commission of premise boundaries and the livestock within for the purpose of documenting exposure of the premise.(20) Premise under vacation--A premise from which all livestock have been removed as prescribed by the commission.(21) Range inspection of livestock--An inspection of livestock to see the animal close enough to detect ticks on the animal.(22) Scratch inspection of livestock--An inspection of livestock by an authorized representative of the commission in an approved facility that allows the inspector to touch and see all parts of the livestock.(23) Temporary preventative quarantine area--An area designated by the commission for systematic inspection and treatment of livestock and premises, and control of movement of livestock, in order to detect and eradicate infestation and exposure from infested or exposed premises outside the tick eradication quarantine area. The extent of the area will be determined by evaluating the barriers to the potential spread of ticks. This is also designated as a "Blanket Disease Quarantine."(24) The commission--The Texas Animal Health Commission.(25) Tick--Any tick capable of transmitting bovine Babesiosis (cattle tick fever or bovine piroplasmosis).(26) Tick eradication quarantine area--An area designated by the commission for systematic inspection and treatment of livestock and premises, and control of movement of livestock, in order to detect and eradicate infestation from infested or exposed premises. The extent of the area will be determined by evaluating the barriers to the potential spread of ticks. This is the permanent quarantine area which is designated in §§41.14 - 41.22 of this chapter (relating to Quarantine Line; Defining and Establishing Tick Eradication Areas), and in the United States Department of Agriculture Code of Federal Regulations Part 72.5, parallel to the Rio Grande River, commonly known as the buffer zone or systematic area.(27) Treatment--A procedure or management practice used on an animal to prevent the infestation of, control or eradicate ticks capable of carrying Babesia.</content><note type="source"><p>Source Note: The provisions of this §41.1 adopted to be effective June 23, 2002, 27 TexReg 5175; amended to be effective September 11, 2005, 30 TexReg 5321; amended to be effective November 2, 2010, 35 TexReg 9688; amended to be effective February 4, 2014, 39 TexReg 484; amended to be effective June 15, 2016, 41 TexReg 4245.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.2"><num value="41.2">§41.2</num><heading>Designation of an area</heading><content>(a) Each area of the state will be classified by the commission as a free area, control purpose quarantine area, temporary preventative quarantine area, or tick eradication quarantine area. The commission will immediately redesignate an area when any change in circumstances warrants reclassification. Each area will be determined by the Animal Health Commission according to the needs of inspection and treatment for known or suspected infestation of ticks.(b) Upon the designation of any area other than a free area, and upon the request of five livestock owners within that area, the commission will appoint an area advisory committee from recommendations made by livestock owners within the area. The committee will be kept informed of the general plan of inspection and treatment for the area, of the results of all inspections of livestock and premises, and of changes in boundaries.(c) The commission will notify all livestock owners within an area, except the free area, as to the type area in which their livestock are located. All changes in designation of an area will be in writing with the reason for change given.</content><note type="source"><p>Source Note: The provisions of this §41.2 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.3"><num value="41.3">§41.3</num><heading>Designation of a premise</heading><content>(a) Each premise within a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area will be classified by the commission as an infested, exposed, adjacent, or check premise. The commission will immediately redesignate a premise when a change in circumstances warrants reclassification. The boundaries of each premise will be determined according to inspection and treatment needs for known or suspected infestation of ticks. A premise which has received untreated livestock from a premise later found to be tick infested, and the length of such infestation is unknown, may be classified as control purpose instead of exposed if livestock on the premise are found to be tick free, the owner agrees in writing to present the animals for inspection when required by the Commission, and such classification does not present a threat of the spread of ticks to the surrounding premise(s).(b) The commission will notify all livestock owners within an area, except the free area, as to the type premise on which their livestock are located. All changes in designation of premises will be in writing with the reason for change given.(c) A premise that would normally be classified as adjacent may be exempted from adjacent premise requirements by a State or Federal epidemiologist if the premise is separated from the exposed or infested premise by double fencing, sufficient to prevent the spread of ticks, with one of the fences being game-proof.</content><note type="source"><p>Source Note: The provisions of this §41.3 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.4"><num value="41.4">§41.4</num><heading>Quarantines</heading><content>The commission may establish quarantines on land, premises, and livestock for the purpose of regulating the handling of livestock and eradicating ticks or exposure to ticks in the free area or for the purpose of preventing the spread of tick infestation into the free area. An owner or caretaker of livestock in the free area and the commissioners court of a county all or part of which is located in the free area shall cooperate with the commission in the manner provided by this chapter for tick eradication in the tick eradication area.(1) Control purpose quarantine area-A premise or property designated by the commission, in writing, for a systematic inspection of livestock and premises and control of the movement of livestock in order to investigate and control a suspected exposure of animals to ticks outside the tick eradication quarantine area. The boundaries of the area will be determined by evaluation of the barriers to the potential spread of ticks.(2) Temporary preventative quarantine area--An area designated by the commission for systematic inspection and treatment of livestock and premises, and control of movement of livestock, in order to detect and eradicate infestation and exposure from infested or exposed premises outside the tick eradication quarantine area. The extent of the area will be determined by evaluating the barriers to the potential spread of ticks.(3) Tick eradication quarantine area--An area designated by the commission, through boundaries established by this chapter, for systematic inspection and treatment of livestock and premises, and control of movement of livestock, in order to detect and eradicate infestation from infested or exposed premises. The extent of the area will be determined by evaluating the barriers to the potential spread of ticks. This is the permanent quarantine area which is designated in §§41.14 - 41.22 of this Chapter (relating to Quarantine Line; Defining and Establishing Tick Eradication Areas), and in the United States Department of Agriculture Code of Federal Regulations Part 72.5, parallel to the Rio Grande River, commonly known as the buffer zone or systematic area.</content><note type="source"><p>Source Note: The provisions of this §41.4 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.5"><num value="41.5">§41.5</num><heading>Movement of livestock</heading><content>(a) When livestock are moved from any quarantined area the person moving the livestock must have in his or her possession a copy of any certificate or permit required for movement.(b) A permit or certificate is void unless the livestock begin movement to the stated destination immediately upon issuance.(c) Movement must be direct to the destination stated on the permit or certificate. No livestock may be unloaded at any destination not shown on the permit or certificate.(d) Any livestock that become exposed during movement must be scratch inspected and dipped within 14 days of the exposure.(e) No certificate for movement will be issued unless the owner of the livestock has fully complied with these regulations.(f) When livestock are allowed to move after a required dip, the livestock must be loaded in the transporting conveyance wet, or held on a premise for a period of time approved by an authorized representative of the commission.(g) Livestock may not move when a dip is required prior to movement, if rain or exposure to water results in the dip dripping to the ground before the dip dries. In such event, the certificate for movement is void, and another dip is required before movement.(h) Gently using horses, which can be handled and utilized, (may be certified for movement within and from the systematic area upon close inspection and spraying every 14 days. In all cases, a final spraying must be certified by an Authorized Representative of the Commission for an animal to be relieved of the 14 day spraying requirement. The 14 day interval may be extended due to circumstances beyond the control of the owner upon approval by an authorized representative of the Commission. In no event will the extension be more than three days. If the extension is granted, the animal may not be removed from the 14 day pass until the next treatment on the regular 14 day schedule.(i) Movement of cattle imported or originating from Mexico shall meet the requirements contained in §41.11 of this Chapter (relating to Protest of Designation of Area or Premise).</content><note type="source"><p>Source Note: The provisions of this §41.5 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.6"><num value="41.6">§41.6</num><heading>Restrictions on Movement of Livestock</heading><content>(a) Movement from a free area. There are no restrictions on the movement of livestock from a designated free area.(b) Movement is restricted from leaving a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantined area. The owner or caretaker of livestock located in a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area shall not move, or allow the movement of, any livestock from the area without the livestock having a commission approved permanent official identification device and a permit or certificate for movement issued by an authorized representative of the commission. No person may accept a shipment of livestock from a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area, unless the livestock are accompanied by an original permit or certificate for movement.(1) Movement from an infested premise or exposed premise. A certificate for movement will be issued after the livestock, if moving directly to slaughter by sealed conveyance, have had two consecutive dips not less than seven nor more than 14 days apart without scratch inspection unless required by §41.8 of this title (relating to Dipping of Livestock); or have had two dips not less than seven days nor more than 14 days apart, with each dip following a scratch inspection that does not reveal ticks; or have been dipped through a swim vat following a scratch inspection and not less than 12 days nor more than 14 days after being dipped through a swim vat following a scratch inspection that does not reveal ticks.(2) Movement from an adjacent premise or check premise. Certificates for movement will be issued after the livestock have been found free from ticks by scratch inspection and then dipped; or have had three dips not less than seven nor more than 14 days apart without scratch inspection unless required under §41.8 of this title or, if moving directly to slaughter by sealed conveyance, have had two dips not less than seven nor more than 14 days apart without scratch inspection unless required under §41.8 of this title if moving directly to slaughter by sealed conveyance.(c) Movement originating in other states. In addition to other requirements, livestock originating in a fever tick quarantined area must be accompanied by a certificate issued by an authorized representative of the commission showing them to be free of infestation and exposure and that they were dipped under supervision in an approved dipping solution immediately prior to shipment. The livestock must be transported in clean and disinfested trucks, railroad cars, or other vehicles.</content><note type="source"><p>Source Note: The provisions of this §41.6 adopted to be effective June 23, 2002, 27 TexReg 5175; amended to be effective March 4, 2007, 32 TexReg 752; amended to be effective October 28, 2015, 40 TexReg 7396.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.7"><num value="41.7">§41.7</num><heading>Movement Restrictions on hides and carcasses</heading><content>(a) Movement from a free area. There are no restrictions on the movement of hides and carcasses from a free area.(b) Movement from any quarantine area. Hides and carcasses and parts thereof of any animal must be inspected and undergo any treatment deemed necessary. A permit for movement issued by a representative of the commission must accompany the shipment.</content><note type="source"><p>Source Note: The provisions of this §41.7 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.8"><num value="41.8">§41.8</num><heading>Dipping, Treatment, and Vaccination of Animals</heading><content>Unless otherwise determined by the DFTE and approved by the executive director, the following requirements shall apply:(1) General Requirements:(A) All scratch inspections, dipping, treatment, and vaccination prescribed in this section must be done under the supervision of a representative authorized by the commission.(B) All scratch inspections, dipping, treatment, or vaccination must be done under instructions issued by the commission. All requirements will be in written form directed to the owner or caretaker. An inspector for the commission will deliver the instructions in person along with a copy of these regulations. All premises boundaries will be listed in the instructions.(C) The owner or caretaker of livestock on infested and exposed premises must comply with the TAHC approved Quarantine Schedule as follows:(i) The starting date for infested premises for Table I (Pasture Treatment or Vacation Schedule, South of Highway 90) and Table II (Pasture Treatment or Vacation Schedule, North of Highway 90), is the date of the first clean dipping of 100% of the livestock.(ii) The starting date for exposed premises for Table I and Table II is when 100% of the livestock on the premises have been dipped.(iii) Copies of Table I (Pasture Treatment or Vacation Schedule, South of Highway 90) and Table II (Pasture Treatment or Vacation Schedule, North of Highway 90) may be obtained from the Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711-2966.Attached Graphic(D) The owner or caretakers must gather and present all livestock for scratch inspection, dipping, treatment or vaccination required by the commission. The owner or caretaker is responsible for all costs associated with and labor necessary for presenting the owner or caretaker's cattle for scratch inspection, dipping, treatment, or vaccination at the location prescribed by the commission.(2) Requirements for Dipping, Treatment, or Vaccination:(A) Dipping Requirements:(i) The owner or caretaker of livestock on infested or exposed premises must present the livestock to be scratch inspected and dipped with subsequent dipping every seven to 14 days until the livestock are moved from the premises in accordance with these regulations, except as provided in subsection (1)(C) of this section.(ii) The 14-day interval may be extended due to circumstances beyond the control of the owner upon approval by an authorized representative of the commission. In no event will the extension be more than three days. If the extension is granted, no certificate for movement will be issued after the 14th day, and the next dip must be on the original 14-day schedule.(iii) The scratch inspection and first dip must be within 14 days from the date infestation or exposure is discovered unless otherwise approved by the commission.(iv) A dip is not official unless 100% of the livestock within the premises affected are dipped on schedule.(v) The commission will authorize for use in dipping only those dips that have been approved by the Animal and Plant Health Inspection Service of the United States Department of Agriculture and the commission for use in official dipping to rid animals of the tick.(vi) The concentration of the dipping chemical used must be maintained in the percentage specified for official use by means of the approved vat management techniques established for the use of the agent; or, if applicable, by an officially approved vat side test or field test of the commission.(vii) If the commission requires livestock to be dipped, the livestock shall be submerged in a vat. A spray-dip machine may be used in areas where a vat is not reasonably available.(viii) Careful hand spraying may be used for easily restrained horses and show cattle, and when specifically authorized by a commission representative, certain zoo or domestic animals.(ix) Livestock unable to go through a dipping vat because of size or physical condition, as determined by a commission representative, may be hand sprayed.(x) The dip treatment must be paint marked on the animals so that it can be identified for as treated for at least 17 days after the treatment.(B) Authorized Treatment Requirements:(i) Following the first clean dipping of 100% of the livestock, the cattle may be treated with injectable doramectin in lieu of systematic dipping. The owner or caretaker of cattle on an infested or exposed premises must present the livestock to be scratch inspected and treated with injectable doramectin every 21-28 days until the livestock are moved from the premises in accordance with these regulations, except as provided in subsection (1)(C) of this section.(ii) Treatment of doramectin shall by administered by subcutaneous injection by a representative of the commission.(iii) The owner or caretaker must comply with the extended slaughter withholding period as determined by the commission and USDA APHIS following the last dose of injectable doramectin by holding cattle at the premises of origin until the withdrawal period is completed. (iv) Treatment is not official unless 100% of the livestock within the premises affected are treated on schedule.(v) Free-ranging wildlife or exotic livestock that are found on infested or exposed premises, and which are capable of hosting fever ticks will be treated by methods approved by the commission and for the length of time specified by the commission.(I) Ivermectin medicated corn may be administered to free-ranging wildlife or exotic livestock by a representative of the commission following the close of the hunting season, provided that treatment is terminated at least 60 days prior to the beginning of the next hunting season to comply with the required withdrawal period.(II) Permethrin impregnated roller devices may be used for topical treatment of free-ranging wildlife or exotic livestock during periods when ivermectin medicated corn is not administered. The commission may specify the use of other pesticides for treatment of wildlife or exotic livestock when deemed necessary to control and eradicate fever ticks.(C) Vaccination Requirements:(i) The fever tick vaccine shall be administered by employees or authorized agents of the USDA/APHIS/Veterinary Services or the commission.(ii) The owner or caretaker must comply with the 60-day slaughter withholding period, or other slaughter withholding timeframe as specified by the label. The owner or caretaker must hold vaccinated cattle at the premises of origin until the withdrawal period is completed. (iii) In addition to any dipping or treatment required by this section, beef cattle two months of age or older located within the tick eradication quarantine area shall be vaccinated with the fever tick vaccine at intervals prescribed by the commission. The vaccine must be administered when cattle are gathered and presented for annual inspection as required by §41.9 of this chapter (relating to Vacation and Inspection of a Premise) and at other times specified by the commission.(iv) In addition to any dipping or treatment required by this section, the commission may require fever tick vaccination of beef cattle two months of age and older located within the temporary preventative quarantine area, control purpose quarantine area or other beef cattle or premises epidemiologically determined by the commission to be at an increased risk for fever ticks. The cattle shall be vaccinated at intervals prescribed by the commission.(3) Herd Plan and Protest. Each premises within a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area will be classified by the commission as an infested, exposed, adjacent, or check premises and is required to execute a herd management plan and remain under restrictions until no evidence of fever ticks is disclosed or a complete epidemiologic investigation fails to disclose evidence of exposure to fever ticks, with the concurrence of the DFTE. A person may protest an initial test or a herd plan for each premises classified as increased risk for fever ticks.(A) To protest, the responsible person must request a meeting, in writing, with the Executive Director of the commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which:(i) the meeting will be set by the Executive Director no later than 21 days from receipt of the request for a meeting;(ii) the meeting or meetings shall be held in Austin; and(iii) the Executive Director shall render his decision in writing within 14 days from date of the meeting.(B) Upon receipt of a decision or order by the executive director which the herd owner wishes to appeal, the herd owner may file an appeal within 15 days in writing with the Chairman of the commission and set forth a short, plain statement of the issues that shall be the subject of the appeal.(C) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act, and Chapter 32 of this title (relating to Hearing and Appeal Procedures).(D) If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the Executive Director may shorten the time limits to not less than five days. The herd owner must be provided with written notice of any time limits so shortened.</content><note type="source"><p>Source Note: The provisions of this §41.8 adopted to be effective June 15, 2016, 41 TexReg 4245; amended to be effective May 30, 2017, 42 TexReg 2824; amended to be effective March 23, 2025, 50 TexReg 1901.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.9"><num value="41.9">§41.9</num><heading>Vacation and Inspection of a Premise</heading><content>(a) Vacation of premise. Upon the removal of all livestock from a premise, the premise remains classified as before for the period shown on Table I (Pasture Vacation Schedule, South of Highway 90) or Table II (Pasture Vacation Schedule, North of Highway 90), whichever is applicable. The starting date is the date of the first clean dipping during which 100% of the livestock on the premise have been dipped and continued on an official dipping schedule until removed from the premise. The premise will be reclassified to a Check Premise, as provided by subsection (b) of this section, upon the expiration of the time shown in Tables I (Pasture Vacation Schedule, South of Highway 90) or II (Pasture Vacation Schedule, North of Highway 90), whichever is applicable. The Check Premise restrictions will be released when determined by the commission that the premise has no infestation.(b) Required inspection of premise. An infested premise, exposed premise, or adjacent premise will be inspected every 14 days by an authorized representative of the commission. The 14-day interval may be extended due to circumstances that prevent the inspection. A check premise will be inspected when deemed necessary by an authorized representative of the commission.(c) Required scratch inspection of livestock. The owner or caretaker of livestock on any premise must present them to be scratch inspected at any time specified by notice from an authorized representative of the commission.(d) Free-ranging wildlife and exotic animals that are found on vacated pastures or check premises and which are capable of hosting fever ticks shall be treated by methods approved by the commission and for the length of time specified by the commission.(e) All livestock maintained in the permanent quarantine zone as defined by §§41.14 - 41.22 of this title (relating to Quarantined Areas) shall be gathered and presented annually for inspection in the presence of an authorized representative of the commission. All of these animals shall be identified with a permanent and official identification device recognized by the commission.(f) Required identification of livestock. Livestock located on a premise in a control purpose quarantine area, temporary preventative quarantine area or tick eradication quarantine area, as defined by §41.4 of this title (relating to Quarantines), shall be identified with a permanent official identification device approved by the commission. The owner or caretaker of livestock shall identify the livestock on or before the first date of inspection, as required by this section.</content><note type="source"><p>Source Note: The provisions of this §41.9 adopted to be effective June 23, 2002, 27 TexReg 5175; amended to be effective September 11, 2005, 30 TexReg 5321; amended to be effective June 12, 2013, 38 TexReg 3541; amended to be effective October 28, 2015, 40 TexReg 7396.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.10"><num value="41.10">§41.10</num><heading>Handling and feeding of livestock</heading><content>(a) All conveyances which have contained infested or exposed livestock must be cleaned, treated, and determined to be free of ticks before reloading. All of these functions must be conducted in the presence of an authorized representative of the commission.(b) All material removed from a conveyance or that has held infested or exposed livestock must be kept in an enclosure inaccessible to livestock, at a minimum distance of 15 feet. No material will be removed from the enclosure without approval in writing by the commission.(c) Hay, feed, or any other commodity capable of carrying ticks may not be moved from an infested or exposed premise without a permit.</content><note type="source"><p>Source Note: The provisions of this §41.10 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.11"><num value="41.11">§41.11</num><heading>Protest of designation of area or premise</heading><content>Protest of designation of area or premise, dipping directions, or other orders. Any person who desires a hearing for the purpose of protesting the designation of an area or premise, or any dipping direction, or scratching notice, or any other order of the commission issued under the provisions of these regulations, may file an appeal pursuant to Chapter 32 of this title (relating to Hearing and Appeal Procedures).</content><note type="source"><p>Source Note: The provisions of this §41.11 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.12"><num value="41.12">§41.12</num><heading>Regulations on cattle and products imported from Mexico</heading><content>(a) All cattle moved into Texas from Mexico shall be identified with an "M"-brand prior to moving to a destination in Texas. Metal eartags applied in Mexico must not be removed from the animals.(b) A copy of the certificate issued by an authorized inspector of the Animal and Plant Health Inspection Service, United States Department of Agriculture, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.(c) The owner or caretaker of livestock that have been imported from Mexico, within six months of their entry into Texas, may not move or allow the movement of the livestock to any area of Texas other than a free area; nor may any person accept a shipment of such livestock into the Tick eradication quarantine area.(d) No person, firm, corporation, or carrier may move or transport from Mexico into Texas any commodity capable of carrying ticks unless the commodity has been treated in accordance with requirements of the commission and the United States Department of Agriculture. A certificate of treatment issued by an authorized inspector must accompany such products to their final destination in Texas, or so long as they are moving through Texas.</content><note type="source"><p>Source Note: The provisions of this §41.12 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.13"><num value="41.13">§41.13</num><heading>Tick Program Research and Field Studies</heading><content>Tick Program Research and Field Studies. The Executive Director may authorize different requirements for dipping, movement, and other handling of livestock under quarantine when done pursuant to a research program or field study.</content><note type="source"><p>Source Note: The provisions of this §41.13 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.14"><num value="41.14">§41.14</num><heading>Quarantine Line Defining and Establishing Tick Eradication Areas</heading><content>(a) Under existing statutes, it is unlawful to move, or allow or permit to move, any livestock from the quarantined area except in a manner prescribed by the Texas Animal Health Commission. Movement must be on a written permit or certificate issued by an inspector of the commission or the United States Department of Agriculture, Animal and Plant Health Inspection Services, Veterinary Services in accordance with the law and the regulations of the commission.(b) All of the area lying south and west of the boundary lines set forth in §§41.14 - 41.22 of this title (relating to Quarantine Line; Defining and Establishing Tick Eradication Areas) are designated as the systematic tick eradication area.(c) All of the area lying north and east of the boundary lines set forth in §§41.14 - 41.22 of this title (relating to Quarantine Line; Defining and Establishing Tick Eradication Areas) are designated as the free area; provided, however, that individual quarantines for tick eradication, heretofore or hereafter established in this free area, are not affected by this designation.</content><note type="source"><p>Source Note: The provisions of this §41.14 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.15"><num value="41.15">§41.15</num><heading>Quarantined area: Val Verde County</heading><content>Quarantined areas are as follows for Val Verde County. Beginning at a point on the south bank of the Devils River where the Amistad Dam Compound east fence intersects the water line and following this east fence of the compound in a southerly direction to the southeast corner of the Amistad Dam Compound, approximately 1 3/4 miles; thence, following the meanderings of this compound fence in a southwesterly direction to where it intersects the east right-of-way fence of the old railroad, approximately 3 1/4 miles; thence, following the old railroad right-of-way fence in a southeasterly direction to its intersection with the right-of-way fence of the present Southern Pacific Railroad, approximately 3 1/8 miles; thence, following Southern Pacific Railroad in a southeasterly direction to a point directly north across a gravel road from the northeast corner of the Slover Field, approximately 5 3/4 miles; thence, south across this gravel road to the northeast corner of the Slover Field and following the meanderings of the east fence of the Slover Field in a southwesterly direction to where it intersects the northeast corner of the Woodson Field 1, approximately 1/8 mile; thence, following the meanderings of Woodson Field 1 east fence in a southwesterly direction to the southwest corner of the same, approximately 1/4 mile to the north fence of the Payne Pasture; thence, following the north fence of the Payne Pasture in a westerly direction to the southwest corner of the same, approximately 100 yards; thence, following the west fence of the Payne Pasture in a southeasterly direction across Cienegas Creek to its junction with Kite Road, approximately 100 yards; thence, following Kite Road in a southerly direction to where it intersects Garza Lane, approximately .3 mile; thence, following Garza Lane in a westerly direction to a corner, approximately 1/8 mile; thence, following Garza Lane in a southeasterly direction to where it intersects U.S. Highway 277 Spur, approximately 1 1/8 miles; thence, following U.S. Highway 277 Spur in a southeasterly direction to its intersection with Hudson Drive, approximately .5 mile; thence, following Hudson Drive in a southeasterly direction to where it joins Rio Grande Drive, formerly called Silo Field Road, approximately .6 mile; thence, following the west fence of Rio Grande Drive in a southeasterly direction to where it joins the east fence of the Rudy Mota Vega, approximately .4 mile; thence, following the east fence of the Rudy Mota Vega in a southeasterly direction to where it joins the San Felipe Creek, approximately .3 mile; thence, following San Felipe Creek in an easterly direction to where it joins the W.L. Moody Rancho Rio Grande north fence of the Leroyce Pasture, approximately 1.2 miles; thence, following the meanderings of the Leroyce Pasture north fence in an easterly direction to a corner where it intersects the west right-of-way fence of U.S. Highway 277 being the east fence of the Rancho Rio Grande, approximately 3.2 miles; thence, following the Rancho Rio Grande east fence (on the west side of U.S. Highway 277) in a southeasterly direction to where it intersects the Val Verde-Kinney County line approximately 9.2 miles.</content><note type="source"><p>Source Note: The provisions of this §41.15 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.16"><num value="41.16">§41.16</num><heading>Quarantined area: Kinney County</heading><content>Quarantined areas are as follows for Kinney County. Beginning at a point where the Rancho Rio Grande east fence intersects the Val Verde-Kinney County line; thence, following the meanderings of the Rancho Rio Grande east fence in a southeasterly direction to where it intersects the Kinney-Maverick County line, approximately 14 miles.</content><note type="source"><p>Source Note: The provisions of this §41.16 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.17"><num value="41.17">§41.17</num><heading>Quarantined area: Maverick County</heading><content>Quarantined areas are as follows for Maverick County. Beginning at a point where the Rancho Rio Grande east fence intersects the Kinney-Maverick County line; thence, following the Rancho Rio Grande east fence in a southeasterly direction to where it joins the southeast corner of the Rancho Rio Grande four section pasture, approximately 2.7 miles; thence following the south fence of the Rancho Rio Grande four section pasture in a westerly direction to a point where it intersects the Maverick County Water District main canal, approximately 1.5 miles; thence, following the Maverick County Water District main canal in a southeasterly direction to where it intersects the west right-of-way fence of U.S. Highway 277 approximately 2.5 miles; thence, following the west right-of-way fence of U.S. Highway 277, in a southerly direction to where it intersects Maverick County Water District Lateral #2, approximately .5 mile; thence, following the Maverick County Water District Lateral #2 in a southerly direction to where it intersects the north fence of the Calley property, approximately 5 1/4 miles; thence, east along the north fence of the Calley property to a corner, approximately 200 yards; thence following the east fence of the Calley property in a southerly direction to the northeast corner of the Hal Bowles Ranch, approximately 3/8 mile; thence, following the east fence of the Hal Bowles Ranch in a southeasterly direction to where it intersects the north fence of the Lehman Brothers Ranch, approximately 3/4 mile; thence, following the Lehman north fence in a southeasterly direction to a drainage canal, approximately 1/8 mile; thence following the drainage canal in a southerly direction to the north fence of the Las Vegas Ranch, approximately 7/8 mile; thence, following the meanderings of the Las Vegas Ranch fence in a southeasterly direction to the northeast corner of the same, approximately one mile; thence, following the meanderings of the east fence of the Las Vegas Ranch in a southerly direction to where it intersects the Alex Ritchie north fence, approximately 3.5 miles; thence along the north fence of the Alex Ritchie Farm in an easterly direction to where it intersects the Maverick County Water District main canal, approximately 3/8 mile; thence, following the meanderings of the Maverick County Water District main canal in a southerly direction to where it intersects the CPL Power Plant Road, approximately 3.5 miles; thence, following the CPL Power Plant Road in an easterly direction to where it intersects the west right-of-way fence of U.S. Highway 277, approximately 1-5/8 mile; thence, following U.S. Highway 277 in a southerly direction into the City of Eagle Pass and following the meanderings of U.S. Highway 277 in a southerly direction to its intersection with Church Street, approximately 8.5 miles; thence, following Church Street in a westerly direction to its intersection with Commercial Street, approximately .5 mile; thence, following Commercial Street in a southerly direction to its intersection with Garrison Street, approximately .7 mile; thence, following Garrison Street in an easterly direction to its intersection with Adams Street, approximately .2 mile; thence, following the meanderings of Adams Street in a southerly direction to where it becomes Industrial Park Road, approximately one mile; thence, following the meanderings of Industrial Park Road to where it intersects Brown Street, approximately 1.5 miles; thence, following Brown Street in an easterly direction to the intersection of Farm Road 1021, approximately .5 mile; thence, following Farm Road 1021 (Mines Road) in a southeasterly direction to the Webb County Line, approximately 43.5 miles.</content><note type="source"><p>Source Note: The provisions of this §41.17 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.18"><num value="41.18">§41.18</num><heading>Quarantined area: Webb County</heading><content>Quarantined areas are as follows for Webb County. Beginning at a point where the Maverick-Webb County line intersects the Mines Road and following this road in a southeasterly direction to its intersection with Del Mar Boulevard and IH 35, approximately 63 miles; thence, following IH 35 in a southerly direction to its intersection with Matamoros Street (U.S. Highway 83) approximately 4.1 miles; thence, following Matamoros Street in an easterly direction approximately one mile to where Matamoros Street becomes Guadalupe Street; thence, following Guadalupe Street in an easterly direction approximately 1 1/2 miles to where U.S. Highway 83 turns in a southerly direction; thence, following U.S. Highway 83 in a southerly direction, approximately 16.7 miles to where it intersects the Webb-Zapata County line.</content><note type="source"><p>Source Note: The provisions of this §41.18 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.19"><num value="41.19">§41.19</num><heading>Quarantined area: Zapata County</heading><content>Quarantined areas are as follows for Zapata County. Beginning at a point where U.S. Highway 83 intersects the Webb-Zapata County line and following U.S. Highway 83 in a southerly direction to where it intersects the Zapata-Starr County line, approximately 56 miles.</content><note type="source"><p>Source Note: The provisions of this §41.19 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.20"><num value="41.20">§41.20</num><heading>Quarantined areas: Starr County</heading><content>Quarantined areas are as follows for Starr County. Beginning at a point where U.S. Highway 83 intersects the Zapata-Starr County line and following U.S. Highway 83 in a southeasterly direction to the south fence of the M. Ramirez Pasture at the north city limits of Roma, approximately 17 miles; thence, following the south fence of the M. Ramirez Pasture in a northeasterly direction to where it intersects the west fence of the G. Madrigal Ranch, approximately .4 mile; thence, following the meanderings of the west fence of the G. Madrigal Ranch in a southeasterly direction, around the east side of the R. Pena addition to the City of Roma to a dirt road, approximately .9 mile; thence, following the same dirt road in a southerly direction to where it intersects U.S. Highway 83 at the Roma Graveyard, approximately .3 mile; thence, following the north side of D.S. Highway 83 in an easterly direction through Rio Grande City to its intersection with Loop 83, approximately 18 miles; thence, following the north side of Loop 83 in an easterly direction to its intersection with the MP Railroad right-of-way, approximately 3.5 miles; thence, following the north side of MP Railroad in an easterly direction to the Starr-Hidalgo County Line, approximately 13 miles.</content><note type="source"><p>Source Note: The provisions of this §41.20 adopted to be effective June 23, 2002, 27 TexReg 5175; amended to be effective March 4, 2007, 32 TexReg 752.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.21"><num value="41.21">§41.21</num><heading>Quarantined area: Hidalgo County</heading><content>Quarantined areas are as follows for Hidalgo County. Beginning at a point where the MP Railroad right-of-way intersects the Starr-Hidalgo County line and following the north side of the MP Railroad right-of-way in an easterly direction to where it intersects Old Military Road approximately three-fourths of a mile; thence, following Old Military Road in an easterly direction to where it intersects the IBWC Levee, approximately eight miles; thence, following the IBWC Levee in a southeasterly direction to where it intersects the Old Military Road, approximately 8.5 miles; thence, following the Old Military Road in an easterly direction to where it joins FM Road Number 1016 at Madero, approximately 1 3/4 miles; thence, following FM Road Number 1016 in a southeasterly direction to where it joins the Old Military Road, approximately one mile; thence, following the Old Military Road in a southeasterly direction to the North Granjeno Road, approximately 1 3/4 mile; thence, following the North Granjeno Road in an easterly direction to where it intersects Shary Road, approximately 5/8 mile; thence, south on Shary Road to where it intersects the IBWC Levee, approximately 50 yards; thence, following the meanderings of the IBWC in an easterly direction to where it intersects FM Road 1926, approximately three miles; thence, following FM 1926 in a southerly direction to where it intersects U.S. Highway 281 Spur, approximately 27 miles; thence, following U.S. Highway 281 Spur in an easterly direction to where it becomes U.S. Highway 281, approximately 4.2 miles; thence, following U.S. Highway 281, in an easterly direction to where it intersects the Hidalgo-Cameron County line, approximately 22 miles.</content><note type="source"><p>Source Note: The provisions of this §41.21 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c41/sc/s41.22"><num value="41.22">§41.22</num><heading>Quarantined area: Cameron County</heading><content>Quarantined areas are as follows for Cameron County. Beginning at a point where the Hidalgo-Cameron County line intersects U.S. Highway 281, following U.S. Highway 281 in an easterly direction to where it intersects Boca Chica Boulevard, approximately 26.2 miles; thence, following Boca Chica Boulevard in an easterly direction to where it becomes Boca Chica Road and continuing in the same direction on Boca Chica Road to where it intersects a drain ditch, approximately 9.5 miles; thence, following this drain ditch in a northerly direction to where it intersects the Brownsville Ship Channel, approximately three miles; thence, following the Brownsville Ship Channel in a northeasterly direction to where it enters the Gulf of Mexico, a distance of approximately 17.5 miles.</content><note type="source"><p>Source Note: The provisions of this §41.22 adopted to be effective June 23, 2002, 27 TexReg 5175.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c42"><num value="42">CHAPTER 42</num><heading>RURAL VETERINARIAN INCENTIVE PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c42/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.1"><num value="42.1">§42.1</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this chapter is provided in the Texas Education Code, Chapter 56, Subchapter G, Rural Veterinarian Incentive Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code §§56.101-56.106.(b) Purpose. The purpose of the Rural Veterinarian Incentive Program (program) is to encourage veterinary students and recent graduates to practice veterinary medicine in rural counties in Texas by providing educational loan repayment assistance or payment of tuition and fees.</content><note type="source"><p>Source Note: The provisions of this §42.1 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.3"><num value="42.3">§42.3</num><heading>Administration</heading><content>(a) Administration of the Program. Under Texas Education Code, Subchapter G, §56.102, the Texas Animal Health Commission (commission) shall administer the Rural Veterinarian Incentive Program in accordance with rules adopted by the Rural Veterinarian Incentive Program Committee (committee) under this chapter.(1) Administration of the program for participants without a rural community sponsor. For each year that funding for the program is available for distribution to participants without a rural community sponsor, the commission shall:(A) create an application that requires an applicant to provide information on eligibility and the evaluation criteria established by the rules in this chapter and applicable law;(B) disseminate information about the program in accordance with §42.7 of this chapter (relating to Dissemination of Information);(C) set a deadline to submit the application;(D) create instructions on how to complete and submit the application;(E) select the method of submission for the application;(F) create a scoring rubric for the application that includes standardized scoring for each evaluation criteria;(G) notify applicants who are selected to be participants under the program;(H) facilitate all required steps for a participant to receive loan repayment assistance or payment of tuition and fees under the program; and(I) complete any reporting as required by law.(2) Administration of the program for participants with a rural community sponsor. For each instance when a rural community sponsor requests to participate in the program, the commission shall:(A) collect information from the rural community sponsor to determine the sponsor's eligibility by the rules in this chapter or applicable law;(B) determine if the rural community sponsor is eligible to participate under the program;(C) collect information from the rural community sponsor's selected participant to determine the participant's eligibility by the rules in this chapter and applicable law; and(D) determine if the rural community sponsor's selected participant is eligible to participate under the program.(b) Administration of the Account. Under Texas Education Code, Chapter 61, Subchapter OO, §61.9965, the Texas Higher Education Coordinating Board (board) administers the rural veterinarian incentive program account (account).</content><note type="source"><p>Source Note: The provisions of this §42.3 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.5"><num value="42.5">§42.5</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.(1) Account--The rural veterinarian incentive program account authorized under Texas Education Code, Chapter 61, Subchapter OO, §61.9965.(2) Applicant--A person applying to the Rural Veterinarian Incentive Program.(3) Application Round--Means the period beginning on the date the commission begins accepting applications and continuing until all participants are selected from the applications.(4) Board--Texas Higher Education Coordinating Board.(5) Commission--The Texas Animal Health Commission, or its designee.(6) Committee--The rural veterinarian incentive program committee established by Texas Education Code, Chapter 56, Subchapter G.(7) Eligible Education Loan--A qualifying loan under this program as prescribed by §42.19 of this chapter (relating to Eligible Lender and Eligible Education Loan).(8) Full-Time Veterinary Medical Services--An average of at least 32 hours of veterinary care per week during the obligated service period.(9) Licensed Veterinarian--A person licensed by the Texas Board of Veterinary Medical Examiners under Texas Occupations Code, Chapter 801, to practice veterinary medicine.(10) Obligated Service Period--A period equal to 12 consecutive months in which a participant agrees to provide full-time veterinary medical services in a rural county or counties under the Rural Veterinarian Incentive Program.(11) Program--The Rural Veterinarian Incentive Program established by Texas Education Code, Subchapter G §§56.101-56.106.(12) Participant--A person who is selected to receive loan repayment assistance or payment of tuition and fees from the Rural Veterinarian Incentive Program.(13) Qualifying Disability--A person is considered to have a qualifying disability if the person:(A) cannot work and engage in substantial gainful activity because of their medical condition;(B) cannot perform work done previously or adjust to other work because of their medical condition; or(C) has a long-term condition or terminal illness.(14) Rural county--Has the same meaning defined by Texas Education Code, Subchapter G §56.101(7).</content><note type="source"><p>Source Note: The provisions of this §42.5 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.7"><num value="42.7">§42.7</num><heading>Dissemination of Information</heading><content>(a) As part of its administration, the commission shall disseminate information about the program to schools of veterinary medicine in this state, appropriate state agencies, interested professional associations, and the public.(b) At least 30 calendar days before the deadline to submit an application, the commission shall publish on its website:(1) the application and any forms required to be completed as part of the application;(2) the deadline for an applicant to submit the application;(3) instructions to applicants on how to complete and submit the application;(4) the method(s) of submission for the application; and(5) a copy of the scoring rubric for the application.</content><note type="source"><p>Source Note: The provisions of this §42.7 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.9"><num value="42.9">§42.9</num><heading>Eligibility</heading><content>To be eligible for the Rural Veterinarian Incentive program, an applicant must:(1) be an eligible veterinary student or graduate in accordance with Texas Education Code §56.104 at the time the applicant submits their application;(2) be a U.S. citizen or a Legal Permanent Resident;(3) not be currently fulfilling another obligation to provide veterinary medical services as part of a scholarship agreement, an educational loan agreement, or another educational loan repayment agreement;(4) have received an eligible education loan for at least 50 percent of the funds for tuition and fees for one or more academic years while enrolled in an accredited school of veterinary medicine;(5) specify the county or counties in which the applicant is practicing or intends to practice veterinary medicine full-time to qualify for the loan repayment assistance or payment of tuition and fees;(6) be otherwise eligible to receive payment from the funding source; and(7) if an applicant is a graduate at the time of application, the applicant must be a licensed veterinarian.</content><note type="source"><p>Source Note: The provisions of this §42.9 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.11"><num value="42.11">§42.11</num><heading>Application Review for Initial Screening</heading><content>Each application shall be screened by the commission for eligibility and completeness.</content><note type="source"><p>Source Note: The provisions of this §42.11 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.13"><num value="42.13">§42.13</num><heading>Application Evaluation and Selection Process</heading><content>(a) Evaluation Criteria. The following criteria will be used to evaluate applicants:(1) a personal statement indicating a background and interest in rural veterinary practice;(2) a personal statement regarding future intent and goals in veterinary medical practice;(3) experience in an active veterinary medical practice in a rural county;(4) experience as a licensed veterinarian in Texas;(5) relevant work or volunteer experience related to rural veterinary medicine;(6) involvement in professional or educational activities relating to rural veterinary medicine;(7) if the applicant is a student at the time of application, whether they are in good academic standing;(8) if the applicant is a graduate at the time of application, whether they are licensed in good standing;(9) letters of recommendation; and(10) financial need.(b) Evaluation of applications for each application round.(1) After the deadline for applications, the presiding officer will select three committee members to evaluate each application.(2) The evaluators will individually score eligible applications using the scoring rubric published with the application.(3) The average score of the evaluators will be the applicant's final score.(4) Applicants will be ranked based on their final scores.(c) Final selection for each application round. The committee will select participants from the ranked applicants. The number of participants selected and the loan repayment assistance or payment of tuition and fees offered is contingent on available funding for each application round. Available funds will be distributed on a priority basis based on ranking.(d) Following final selection, the commission will:(1) notify the participants selected by the committee;(2) provide information to the participants on the conditions of loan repayment assistance or payment of tuition and fees and additional steps the participant must take to receive loan repayment assistance or payment of tuition and fees; and(3) inform the participant of any deadlines to complete the additional steps.(e) If a participant voluntarily withdraws their application after final selection or fails to complete the requirements to participate in the program by a specified deadline, the committee shall consider the participant's application denied for the application round and that participant will no longer be able to participate in the program during the application round.</content><note type="source"><p>Source Note: The provisions of this §42.13 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.15"><num value="42.15">§42.15</num><heading>Denial of an Application</heading><content>(a) As part of its administration, the commission may reject an application if:(1) the application is received after the established deadline;(2) the application is incomplete; or(3) the applicant does not meet the eligibility criteria.(b) Applications rejected by the commission are considered denied by the committee.(c) Applicants may voluntarily withdraw their application after submission. If withdrawn, the application is considered denied by the committee.(d) Denial of an application during an application round does not prevent the applicant from submitting an application in a future application round.</content><note type="source"><p>Source Note: The provisions of this §42.15 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.17"><num value="42.17">§42.17</num><heading>Rural Community Sponsors</heading><content>(a) A rural community sponsor is:(1) a community or political subdivision or group of such entities located in a rural county; or(2) a non-profit entity governed by council members, commissioners, or a board of trustees that:(A) is responsible to and serves a community located in a rural county; and(B) is legally authorized to raise funds or accept grants or financial gifts.(b) To qualify to participate in the program, the rural community sponsor must:(1) notify the executive director of the commission in writing of its desire to participate in the program;(2) agree to provide an amount of not less than the tuition and fees required for a full academic year for a student enrolled in a school of veterinary medicine in exchange for the eligible participant's agreement to practice veterinary medicine in the sponsor's rural county for one year;(3) have selected a participant who is eligible to participate under the program; and(4) provide information requested by the commission to determine the rural community sponsor's eligibility under the program.(c) The agreement between the rural community sponsor and the selected participant must include, but is not limited to, the following provisions:(1) the rural community sponsor will provide financial support to the participant in an amount not less than the tuition and fees required for a full academic year of study for a student enrolled in a school of veterinary medicine in exchange for the participant practicing veterinary medicine in the rural community for one calendar year; and(2) the participant sets their charges at the prevailing rate for the area.</content><note type="source"><p>Source Note: The provisions of this §42.17 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.19"><num value="42.19">§42.19</num><heading>Eligible Lender and Eligible Education Loan</heading><content>(a) The board retains the right to determine the eligibility of educational loan providers to which payments may be made. An eligible lender or holder shall, in general, make or hold education loans made to individuals for purposes of undergraduate or veterinary medical education and shall not be any private individual. An eligible lender or holder may be, but is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, or private foundation.(b) To be eligible for repayment, an education loan must:(1) be evidenced by a promissory note for loans to pay for the cost of attendance for veterinary medical education;(2) not have been made to cover costs incurred after completion of veterinary school;(3) not be in default at the time of the application;(4) not have an existing obligation to provide service for loan forgiveness through another program;(5) not be subject to repayment through another educational loan repayment or loan forgiveness program or repayment assistance provided by the applicant's employer while the applicant is participating in the program;(6) if the loan was consolidated with other loans, the applicant must provide documentation of the portion of the consolidated debt that was originated to pay for the cost of attendance for the applicant's veterinary medical education; and(7) not be an education loan made to oneself from one's own insurance policy or pension plan or from the insurance policy or pension plan of a spouse or other relative.</content><note type="source"><p>Source Note: The provisions of this §42.19 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.21"><num value="42.21">§42.21</num><heading>Amount of Loan Repayment Assistance or Payment of Tuition and Fees</heading><content>(a) The committee will determine the total obligated service periods for each participant, with a minimum of one obligated service period and maximum of four obligated service periods.(b) For each obligated service period the participant may receive loan repayment assistance or payment of tuition and fees of up to $45,000 or the total amount of the participant's qualifying loans, whichever is less.(c) Loan repayment assistance or payment of tuition and fees is contingent on available funding. If at any time the amount of money available for loan repayment assistance or payment of tuition and fees is insufficient to award the maximum annual award amount to all participants, the committee may reduce award amounts to assist a greater number of participants.</content><note type="source"><p>Source Note: The provisions of this §42.21 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c42/sc/s42.23"><num value="42.23">§42.23</num><heading>Conditions of Loan Repayment Assistance or Payment of Tuition and Fees</heading><content>(a) To receive loan repayment assistance or payment of tuition and fees, a participant must execute an agreement in accordance with Texas Education Code, Subchapter G, §56.106 that includes the following terms:(1) the participant agrees to provide veterinary medical services in a rural county for one calendar year for each academic year for which the recipient receives financial support under the program; and(2) the participant signs a promissory note acknowledging the conditional nature of the financial support received under the program and promises to repay the amount of the financial support, any applicable interest, and reasonable collection costs if the recipient does not satisfy the conditions of the agreement.(b) The participant must comply with applicable federal law, state law, program requirements, and agreement requirements, including but not limited to the following:(1) provide full-time veterinary medical service in the qualifying county or counties for the duration of the obligated service period;(2) cooperate with the commission and the committee if information relevant to the program is requested;(3) provide a 30-day written notice to the commission, committee, board, and promissory note holder of any change in address, lender, or other relevant contact information during the agreement term;(4) submit periodic statements to the commission certifying compliance with program and contractual requirements, in accordance with reporting timelines provided in the agreement; and(5) the committee retains discretion to grant forbearance for good cause.(c) All obligations under the program are satisfied when any of the following conditions are met:(1) All terms of the agreement are met;(2) the participant who entered into the agreement, due to death or qualifying disability, is unable to meet the requirements of the program; or(3) the participant who entered into the agreement has no remaining eligible education loan balance to repay.</content><note type="source"><p>Source Note: The provisions of this §42.23 adopted to be effective May 24, 2023, 48 TexReg 2567.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c43"><num value="43">CHAPTER 43</num><heading>TUBERCULOSIS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c43/scA"><num value="A">SUBCHAPTER A</num><heading>CATTLE AND BISON</heading><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.1"><num value="43.1">§43.1</num><heading>Definitions</heading><content>The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accredited Veterinarian--A veterinarian jointly approved by the Executive Director of the Commission and the Administrator of APHIS, to perform functions required by cooperative State-Federal animal disease control and eradication programs. (2) Adjacent herds--A herd of livestock or exotic livestock that occupies a premises that lies within one mile of "an affected herd." (3) Affected herd--A herd of livestock or exotic livestock in which there is strong and substantial evidence that Mycobacterium bovis exists. This evidence should include, but is not limited to, any of the following: histopathology, polymerase chain reaction (PCR) assay, bacterial isolation or detection, testing data, or epidemiologic evidence such as contact with known sources of infection. (4) Approved feedyard/approved pens--A confined area, either the entire feedyard or designated pens within the feedyard, jointly approved by the Executive Director of the Commission and the Administrator of APHIS for feeding of restricted livestock and exotic livestock. Biosecurity standards, to include requirements for geographic separation, shall be enforced to prevent potential spread of diseases to other livestock on the premises and adjacent premises. Procedures for accountability of inventory, animal identification, and movement control shall be enforced to ensure that restricted livestock and exotic livestock remain within approved facilities until verification of slaughter. (5) Approved livestock facility--A stockyard, livestock market, buying station, concentration point, or any other premises under State or Federal veterinary supervision where livestock are assembled and that has been approved under Title 9, Code of Federal Regulations (9 CFR), Section 71.20. (6) Approved slaughtering establishment--A slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or a State-inspected slaughtering establishment that has inspection by a State inspector at the time of slaughter. (7) Bovine Tuberculosis Eradication--Uniform Methods and Rules (UM&R)--The minimum standards adopted and approved by the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection, for the maintenance of tuberculosis-free accredited herds of cattle and bison, and the maintenance of State or zone status in the U.S. Department of Agriculture's (USDA) tuberculosis eradication program. (8) Certificate--An official document for movement of livestock, including a certificate of veterinary inspection, or other approved document, issued by an accredited veterinarian, state or federal animal health official or other approved official at the point of origin for the shipment of animals. The document shall include the official identification, age, breed, and sex of each animal to be moved; the purpose for which the animals are to be moved; the date and place of issuance; the points of origin and destination; the consignor and consignee; and the results of all tests required for movement. (9) Commuter herd--A herd that has been recognized and approved by the state animal health officials and the AVIC in both the state of origin and the state of destination for movement of animals interstate or interzone, without change of ownership, during the course of normal production operations (10) Dealer--All persons engaged in the business of buying or selling livestock in commerce either on their own account or as the employees or agents of the vendor, purchaser, or both, or all persons engaged in the business of buying or selling livestock in commerce on a commission basis. The term shall not include persons who: (A) buy or sell livestock as part of their own bona fide breeding, feeding, or dairy or beef operations; (B) are not engaged in the business of buying, selling, trading, or negotiating the transfer of livestock; or (C) receive livestock exclusively for immediate slaughter on their own premises. (11) Designated Accredited Veterinarian--An Accredited Veterinarian trained and approved to conduct specific tuberculosis tests and/or other tuberculosis program activities as determined by the commission. (12) Designated Tuberculosis Epidemiologist (DTE)--A State or Federal epidemiologist designated in each State to make decisions concerning the use and interpretation of diagnostic tests for tuberculosis and to manage the tuberculosis program. The DTE must be selected jointly by the cooperating Chief State Animal Health Official, the AVIC, and the Regional Tuberculosis Epidemiologist. The National Center for Animal Health Programs Eradication and Surveillance Team Staff of VS must concur with the appointment. The DTE has the responsibility to determine the scope of epidemiologic investigations, determine the status of herds, assist in development of individual herd plans, and coordinate disease surveillance and eradication programs within his or her geographic area of responsibility. The DTE has authority to make independent decisions concerning the use and interpretation of diagnostic tests and the management of herds when those decisions are supported by sound disease eradication principles. (13) Direct shipment to slaughter--The shipment of livestock from a premises, without unloading, directly to a slaughter establishment under State or Federal inspection and without diversion to assembly points, such as auctions, dealers, commission firm premises, public stockyards, or feedlots. (14) Executive Director--The Executive Director of the Texas Animal Health Commission or his designee. (15) Exotic Livestock--Grass-eating or plant-eating, single-hoofed or cloven-hoofed mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, camel, llama, rhinoceros, elephant, deer, and antelope families. (16) Exposed animals--Any livestock or exotic livestock that have been exposed to bovine tuberculosis by reason of associating with other livestock or exotic livestock in which M. bovis has been diagnosed. (17) Feedyard--A confined dry lot area for feeding of animals on concentrated feed. All animals in a feedyard are considered a "herd" for purposes of these regulations. (18) Geographic separation--A minimum of 30 feet of separation, between groups of animals for which there are no common or shared handling facilities or equipment, watering or feeding facilities, or feed vehicles that enter the pens, pastures, or premises, of herds of different status. (19) Herd-- (A) All livestock under common ownership or supervision that are grouped on one or more parts of any single premises, feedlot, farm, or ranch; or (B) All livestock under common ownership or supervision on two or more premises that are geographically separated, but in which the animals have been interchanged or had contact with animals from different premises. It will be assumed that contact between units or groups of animals on the different premises has occurred unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises; or (C) All livestock on common premises, such as community pastures or grazing association units, but owned by different persons. Other groups of animals owned or co-owned by the persons involved that are located on other premises are considered to be part of a herd unless the epidemiologic investigation establishes that animals from an affected herd have not had the opportunity for direct or indirect contact with animals from that specific premises. (20) Herd test--An official tuberculosis test of all test eligible livestock and exotic livestock in a herd. (21) High risk herd--A herd that is epidemiologically determined by a state-federal veterinarian to have a high probability of having or developing tuberculosis. A high risk herd need not be located on the same premises as an infected or adjacent herd. (22) Hold Order--A written commission document restricting movement of a herd, unit, or individual animal pending the determination of disease status. (23) Individual herd plan--A written disease management plan that is developed by the herd owner(s) and/or their representative(s), and/or the owner's veterinarian and a State or Federal veterinarian to eradicate tuberculosis from an affected herd while reducing animal and human exposure to the disease. The herd plan will include appropriate herd test frequencies, tests to be employed, and any additional disease management or herd management practices deemed necessary to eradicate tuberculosis from the herd in an efficient and effective manner. The plan must be approved by the Executive Director of the Commission and AVIC, and have the concurrence of the DTE or Regional Tuberculosis Epidemiologist. (24) Movement Restrictions--A "Hold Order," "Quarantine," or other written document issued or ordered by the Commission to restrict the movement of livestock or exotic livestock. (25) No gross lesion (NGL)--Any animal that has no visible lesion(s) of bovine tuberculosis detected upon necropsy or slaughter inspection. (26) Official identification device--An identification device approved by the Commission and/or by the APHIS Administrator that provides unique identification for each individual animal. (27) Official identification/officially identified--The identification of livestock by means of an official identification device, official eartag, registration tattoo, or registration brand, or any other method approved by the Commission and/or Administrator of APHIS, that provides unique identification for each animal. (28) Official tuberculosis test--A test for bovine tuberculosis, approved by the Commission and APHIS, applied and reported by designated personnel in accordance with the UM&R and these rules. The official tuberculosis tests for cattle and bison are the: (A) Caudal fold tuberculin (CFT) test (B) Comparative cervical tuberculin (CCT) test (C) Cervical tuberculin (CT) test (D) Bovine interferon gamma assay (cattle only) (29) Quarantine--A written commission document restricting movement of animals because of the existence of or exposure to tuberculosis. The commission may establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The commission may establish a quarantine to prohibit or regulate the movement of any article or animal that the commission designates to be a carrier of tuberculosis and/or an animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. (30) Permit--An official document issued by a VS representative, a State representative, an Accredited Veterinarian, a designated Accredited Veterinarian or other designated person that is required to accompany any reactor, suspect, exposed livestock, or animals of unknown status to an approved destination, or to slaughter. (31) Premises identification number--A Commission and/or APHIS-approved method of identification that includes the assignment of a unique number or alpha-numeric number to a premises by State or Federal animal health officials. (32) Reactor--Any livestock or exotic livestock that shows a response to an official tuberculosis test and is classified a reactor by the testing veterinarian or DTE in accordance with the policy established by the cooperating State and Federal animal health officials and the test classification requirements defined in the UM&R, or any suspect animal that is classified a reactor by the DTE upon slaughter inspection or necropsy, histopathological examination, PCR assay, and/or culture of selected tissues collected by the Federal or State veterinarian performing or supervising the slaughter inspection or necropsy. (33) Responder--Any livestock or exotic livestock that has a visible or palpable response at the site of a tuberculin test injection. (34) Suspect--Any livestock or exotic livestock that show a response to a presumptive diagnostic test (CFT test in cattle and bison, SCT test in exotic bovidae and cervidae) and are not classified as reactor; or that have been classified as suspect by CCT test; the bovine interferon gamma assay; or any other official test for tuberculosis.</content><note type="source"><p>Source Note: The provisions of this §43.1 adopted to be effective January 1, 2006, 30 TexReg 8676.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.2"><num value="43.2">§43.2</num><heading>General Requirements</heading><content>(a) Tuberculosis: This subchapter shall govern procedures for the prevention, surveillance, control, management and eradication of bovine tuberculosis in Texas. For the purpose of controlling and eradicating tuberculosis the following documents are incorporated by reference: The January 1, 2005, Edition of "Bovine Tuberculosis Eradication Uniform Methods and Rules" (UM&R) and the Code of Federal Regulations, Title 9, Parts 71, 77, and 161. (b) Movement Restrictions: Whenever the Texas Animal Health Commission (Commission) has reason to believe that any livestock or exotic livestock have been exposed to or is infected with tuberculosis, that premises and all livestock and exotic livestock thereon shall have movement restricted, using either a "hold order" or "quarantine", subject to a determination or results of tuberculosis test conducted by authorized personnel or as directed by the Designated Tuberculosis Epidemiologist or the Executive Director. Movement of livestock or exotic livestock under movement restrictions must be authorized by the Designated Tuberculosis Epidemiologist or the Executive Director and accompanied by a written permit. The permit will list: (1) the reactor tag number or official ear tag number in the case of reactor, suspect, or exposed livestock; (2) the owner's name and address; (3) origin and destination locations; (4) number of animals covered; (5) the purpose of the movement; and (6) if the animals are required to be shipped under seal then the permit should also show the number on the seal. If a change in destination becomes necessary, a new permit must be issued by authorized personnel. No diversion from the destination on the permit is allowed. (c) Official Tests: All official tuberculosis tests shall be conducted by a designated personnel employed by the Commission, or the United States Department of Agriculture (USDA) or by an accredited veterinarian designated to perform approved tuberculosis tests by the Executive Director of the Commission. Each individual designated to conduct official tuberculin tests shall meet a performance standard, as referenced in the UM&R - Appendix C; entitled "Performance Standards for Caudal Fold Tuberculin (CFT) Testing". Each individual authorized to conduct official CFT tests shall be in compliance with these standards for the CFT. (d) Reporting: All official tests shall be reported on VS Form 6-22 and continuation sheet VS Form 6-22B and mailed to the Commission within seven days of reading the results. The information on the VS Form 6-22B, shall include: (1) the official individual identification; (2) the name and post office address of the owner; (3) the location of the premises and the animals; (4) the dates of injection and reading of the test; (5) the kind of test conducted; (6) the result of the test; (7) the reason for testing (i.e., Herd Accreditation, Sale or Show, Other); and (8) the signature and accreditation number of the testing veterinarian. (e) Identification. All animals tested must be permanently individually identified by an official identification device, an official registration tattoo or an official registration brand as specifically recognized or authorized by the commission. (f) Tuberculin Test Interpretation, Classification, and Reporting Requirements. (1) The site of administration of a tuberculin test shall be examined at 72 (+/-6) hours following injection. Examination shall be made by visual observation and palpation. Observation without palpation shall constitute cause for removal of veterinary accreditation. (2) Any animal with a visible or palpable response at the site of injection shall be classified as a Suspect by the testing veterinarian. (3) Any animal classified as a Suspect shall: (A) be reported by the testing veterinarian to the appropriate Area Office within 48 hours following examination; and (B) the reporting veterinarian shall inform the owner or caretaker that the herd is restricted from movement until a determination of disease status has been made by the Commission. (g) Disposition of Suspects and Reactors (1) Reactors shall remain on the premise where they were disclosed until a State or Federal permit for movement has been obtained. Movement for immediate slaughter shall be within 15 days of classification and shall be directly to a slaughtering establishment where approved State or Federal inspection is maintained. Alternatively, the animals may be destroyed on the premises or in a postmortem examination facility under the direct supervision of a State or Federal animal health veterinarian to ensure that a proper postmortem examination is conducted; that the carcasses are disposed of by deep burial or burning, and that the facilities are adequately cleaned and disinfected. (2) Herds containing suspects to the CFT test shall be quarantined until the suspect animals are: (A) Negative to a CCT test; or (B) Negative on the bovine interferon gamma assay; or (C) Shipped, under permit, directly to slaughter in accordance with State and Federal laws and regulations with postmortem examinations conducted according to requirements outlined in paragraph (5) of this subsection. (3) Suspects to the CCT test must be: (A) Negative to a CCT retest 60 or more days after the previous CCT injection; or (B) Shipped under permit directly to slaughter. (4) Animals positive on the bovine interferon gamma assay and classified as suspect must be: (A) Negative on a bovine interferon gamma assay retest conducted within 30 days of the CFT injection (the DTE or Regional Tuberculosis Epidemiologist must concur with the retest); or (B) Shipped, under permit, directly to slaughter for postmortem examination. (5) Postmortem examinations shall be witnessed by a State or Federal animal health veterinarian and selected tissue specimens, to include any tissue with granulomatous appearing lesions and representative head and thoracic lymph nodes, must be submitted for laboratory examination. (h) Requirements on Dealer Recordkeeping: Any dealer must maintain records of livestock and exotic livestock that are purchased or sold. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color, breed, brand, and official identification. Records at auctions and commission firms shall show the delivery vehicle license number. These records must be maintained for a minimum of five years. Such records must be made available to State or Federal animal health officials, upon request, during normal business hours. (i) Slaughter Plant Collections and Submissions: Slaughter plants for cattle are required to collect and submit diagnostic specimens for the purpose of testing for tuberculosis as directed by state or federal inspection personnel. The slaughter of cattle shall be conducted so that the carcass and any diagnostic specimens can be identified as being derived from a particular animal. Handling shall include, but is not limited to, the retention of official eartags, official backtags, herd identification ear tags, ear bangles, electronic implants, and other man made identifying devices affixed to the animal, in a way that correctly relates the diagnostic specimen to the carcass from which it was taken. All identification devices shall be included with the documentation submitted with a diagnostic specimen to an approved laboratory. (j) Retesting and release of movement restrictions. (1) Sale of feeder calves from quarantined herds will be restricted. Feeder calves under 12 months of age that have passed a CFT test within 60 days prior to movement may be "S" branded and permitted to move intrastate to an approved feedlot or approved pens in a feedlot. (2) Herds in which Mycobacterium bovis infection has been confirmed shall be depopulated; or shall remain under quarantine until all requirements of an individual herd plan have be completed in accordance with procedures prescribed in the UM&R. (3) Herds in which NGL reactor(s) only occur and no evidence of Mycobacterium bovis infection has been disclosed may be released from movement restrictions after a 60 day negative retest on the entire herd. (4) Herds in which Suspect animal(s) are disclosed shall remain under movement restrictions until the Suspect(s) have been retested and classified negative, or are shipped direct to slaughter under permit and no evidence of Mycobacterium bovis infection is disclosed. If animals are slaughtered as suspects but show no gross lesions and selected tissues, to include representative head and thoracic lymph nodes, are found negative on histopathology and bacteriological culture for Mycobacterium bovis and a complete epidemiologic investigation, including a herd test of all eligible animals, fails to disclose evidence of infection with or exposure to bovine tuberculosis, the herd, with the concurrence of the DTE and Regional Tuberculosis Epidemiologist, may be considered free of bovine tuberculosis. (k) A person may protest an initial test or a herd plan each herd classified as increased risk for Tuberculosis: (1) To protest, the herd owner must request a meeting, in writing, with the Executive Director of the Commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which: (A) the meeting will be set by the Executive Director no later than 21 days from receipt of the request for a meeting; (B) the meeting or meetings shall be held in Austin; and (C) the Executive Director shall render his decision in writing within 14 days from date of the meeting. (2) Upon receipt of a decision or order by the executive director which the herd owner wishes to appeal, the herd owner may file an appeal within 15 days in writing with the Chairman of the Commission and set forth a short, plain statement of the issues that shall be the subject of the appeal. (3) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act, and Chapter 32 of this title (relating to Hearing and Appeal Procedures). (4) If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the Executive Director may shorten the time limits to not less than five days. The herd owner must be provided with written notice of any time limits so shortened. (l) Tuberculosis accredited herd. A herd must meet the standards of the UM&R as provided in Part IV. (m) Interstate Movement Requirements: See §51.8 of this title (relating to Cattle). (n) Intrastate Movement of Dairy Cattle. All dairy cattle being transported within Texas shall be identified prior to movement with official identification device or identification device approved by the commission. (o) Requirements for cattle originating from Mexico: Any certificate, form, record, report or chart issued by an authorized person for cattle that originate from Mexico, have resided in Mexico or are "M" branded shall include the statement, "the cattle represented on this document are of Mexican origin."</content><note type="source"><p>Source Note: The provisions of this §43.2 adopted to be effective January 1, 2006, 30 TexReg 8676; amended to be effective October 14, 2007, 32 TexReg 7038; amended to be effective June 3, 2014, 39 TexReg 4236.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.3"><num value="43.3">§43.3</num><heading>Approved Feedyards/Approved Pens</heading><content>(a) Approved Feedyards/Approved Pens: A confined area, either the entire feedyard or designated pens within the feedyard, jointly approved by the Executive Director of the Commission and the Administrator of APHIS for feeding of restricted livestock and exotic livestock.(b) Designation Agreement: In order to be recognized as an approved feedyard or approved pen there shall be a signed designation agreement with TAHC and USDA-APHIS-VS indicating that the facility can meet the necessary standards to accept restricted cattle, bison or exotic livestock. The agreement will contain standards and procedures which the facility must meet in order to be approved. The Agreement will provide for isolation of animals, to separate and prevent contact, with restricted animals and unrestricted animals through fencing and geographic separation; official identification; biosecurity standards; and recordkeeping requirements, which include information for all animals entering and leaving a facility. Failure to meet and maintain those standards and procedures will cause a facility to have the approve status rescinded. Known exposed animals must be tested negative within 60 days and be "S" branded prior to entering the approved feedyard. These animals will be placed under hold order and permitted out to slaughter.(c) Standards and procedures(1) Geographic separation: Adequate isolation of animals which separate and prevent contact with tested animals and untested animals by fencing and geographic separation. Geographic separation shall be sufficient to meet the minimum standards in the UM&R as well as to prevent potential spread of diseases to other livestock on the premises and adjacent premises.(2) Official identification: All animals entering and leaving the facility must be officially identified and that information is to be recorded and maintained as required by paragraph (4) of this subsection.(3) Biosecurity standards: All approved facilities may not be required to be cleaned and disinfected between groups of cattle unless specifically directed by the DTE to clean and disinfect all or portions of the pen or other parts of the facility. Additionally, approved facilities shall not be required to vacate pens, that have contained tuberculosis infected animals, for thirty (30) days unless specifically required by the DTE to vacate the pens.(4) Recordkeeping requirements: An approved facility shall maintain records which indicated the movement of all animals that enter and leave a facility. An approved facility must maintain the records as required by §43.2(i) of this title (relating to Requirements on Dealer Record Keeping).(5) Grazing: In order for the Commission to recognize an approved facility having grazing the, commission must enter into a MOU with USDA-APHIS and the facility must be able to show an ability to maintain isolation of those animals from other animals. Any provisions for grazing or pasturing restricted cattle or bison entering an approved feedlot/approved pens must be formalized in a Memorandum of Understanding (MOU) by the Chief State Animal Health Official and the Administrator. The MOU must include adequate isolation and fencing requirements as recommended by the DTE and the Regional Tuberculosis Epidemiologist. An animal leaving the confined area must be destined to either another approved feedlot or approved pen, or to an approved slaughter facility.(6) The approved status must be renewed by the operator every two years provided that the requirements specified in these regulations and the approved agreement continue to be met by the feedyard. If the Executive Director determines the feedyard's failure to comply with the Approved Pens Agreement or these regulations then he can rescind the agreement.</content><note type="source"><p>Source Note: The provisions of this §43.3 adopted to be effective January 1, 2006, 30 TexReg 8676.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.4"><num value="43.4">§43.4</num><heading>Increased Risk Herds or Animals</heading><content>Testing of increased-risk herds. (1) In herds where Mycobacterium bovis infection has been confirmed but the herd not depopulated, the herd shall remain under quarantine until all requirements of their individual herd plan have be completed as well as all applicable statutory and regulatory requirements. (2) In a newly assembled herd on premises where a tuberculosis affected herd has been depopulated, two annual herd tests shall be applied to all livestock and exotic livestock ; the first test shall be applied approximately six months after assembly of the new herd. If the premises are vacated for one year, these requirements may be waived. (3) In herds that are an increased risk for Mycobacterium bovis infection as determined by the Designated Tuberculosis Epidemiologist or the Executive Director in order to control or eradicate Bovine Tuberculosis from this state. (4) Slaughter traceback investigations (A) Tracebacks to a herd: Herds indicated as the source of slaughter traceback case investigations shall have movement restrictions in place and all livestock and exotic livestock shall be tested. The testing will be conducted by a representative of the Texas Animal Health Commission or USDA personnel. (B) Tracebacks to a feedlot: Except for approved feedlots and approved pens livestock and exotic livestock in feedlots known to be exposed to tuberculosis shall have movement restrictions in place and exposed animals shall be moved under permit for direct shipment to slaughter. When an affected lot originates from a non approved pen or feedyard, the pen must be cleaned and disinfected as directed by the DTE. In addition, this pen must be vacated for 30 days or as directed by the DTE. When an affected lot originates from an approved pen or feedlot, the requirements for cleaning and disinfection shall be according to the provisions specified in §43.3(c)(3)of this title (relating to Standards and Procedures). (5) Other increased risk herds: Herds located adjacent to an affected herd, herds that have contained known exposed animals, and herds that have been implicated as the source of animals found to be affected in an affected herd shall then have movement restricted until all conditions specified in the UM&R have been satisfied.</content><note type="source"><p>Source Note: The provisions of this §43.4 adopted to be effective January 1, 2006, 30 TexReg 8676.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.5"><num value="43.5">§43.5</num><heading>Indemnification</heading><content>Indemnification to cattle owners. After said suspects or reactors are slaughtered, the owner may submit to the Texas Animal Health Commission a written statement made by said establishment showing the amount of salvage paid for each animal.(1) Cattle that are slaughtered in compliance with the tuberculosis program or as a result of a response on an official test can be indemnified as follows. Subject to the availability of funds, the Commission may pay the owner the unreimbursed amount determined by deducting the salvage value and the federal indemnity from the appraised value not to exceed:(A) 1,000 for each animal classified as a suspect or a reactor;(B) $100 for each negative exposed animal slaughtered as a result of a whole herd depopulation.(2) All animals in the herd must be tested for indemnity to be paid.(3) All provisions of the law and the regulations of the Commission must be complied with for indemnity to be paid.</content><note type="source"><p>Source Note: The provisions of this §43.5 adopted to be effective January 1, 2006, 30 TexReg 8676.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.6"><num value="43.6">§43.6</num><heading>Dairy Calf Ranches</heading><content>(a) Definitions:(1) Calf Ranch--A facility that feeds more than 10 dairy calves (sexually intact and/or steers) less than of 6 months age (determined by the presence of 1st molar or approximately 300 pounds) when not located on site of the dairy of origin.(2) Colostrum--The "first milk" produced by a cow for a few days following parturition.(3) Waste Milk/Hospital Milk--Milk produced by dairy cattle which is unsellable for human consumption.(b) Declaration of High Risk: A facility that is feeding dairy calves (sexually intact and/or steers) from two or more dairies may be considered high risk for transmitting bovine tuberculosis. Other high risk factors may include but are not limited to the feeding dairy calves from out of state, calves from unknown sources, calves without required identification, the feeding of unpasteurized colostrum or waste milk, and/or other criteria as determined by TAHC veterinarians, based on veterinary science, and sound epidemiological principles.(c) Colostrum/Waste Milk Recordkeeping Requirements: Calf ranches must maintain records of the source of colostrum and/or waste milk that they receive/feed. Such records shall show the seller's name and address, county of origin, date and approximate volume received. These records must be maintained for a minimum of five years. Such records must be made available to State or Federal animal health officials, upon request, during normal business hours.(d) Recordkeeping: Calf ranches must comply with TAHC bovine tuberculosis dealer recordkeeping requirements as outlined in §43.2(h) of this chapter (relating to General Requirements).</content><note type="source"><p>Source Note: The provisions of this §43.6 adopted to be effective October 10, 2012, 37 TexReg 8014.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scA/s43.7"><num value="43.7">§43.7</num><heading>Authorized Calf Ranch/Authorized Grower Facility</heading><content>(a) Definitions:(1) Authorized Calf Ranch--A facility that is approved by the Executive Director of the commission for the feeding of restricted cattle under six months of age.(2) Authorized Grower Facility--A facility that is approved by the Executive Director of the commission for feeding restricted cattle that are being raised for breeding or feeding purposes in drylot conditions over six months of age.(3) Restricted animals--Animals determined to be exposed or at risk of exposure to diseases or conditions of regulatory interest as defined by the commission.(b) Designation To Handle Restricted Animals. A facility that is feeding or raising calves that are classified as restricted. This facility has the necessary protocols and testing standards in place to provide for minimal risk of disease spread while allowing for the designated cattle upon completion of the herd plan to move in commerce for their intended use.(c) Designation Agreement. In order to be recognized as an Authorized Calf Ranch or Authorized Grower Facility, there shall be a signed designation agreement with the commission indicating that the facility can meet the necessary standards to accept restricted cattle. The agreement will contain standards including, but not limited to, provisions for isolation of animals through geographic separation, adequate fencing, consideration of drainage, use of official identification, biosecurity standards, testing protocols, recordkeeping requirements, and adherence with all movement restrictions for animals entering and leaving a facility.(d) Individual Herd Plan(s) for Prevention of Tuberculosis (TB). The plan is developed between the authorized calf ranch/authorized grower facility, the owner of the cattle, and the commission. The plan shall be developed by a Designated Tuberculosis State-Federal epidemiologist (DTE) representing the commission to consider all necessary standards and procedures.(e) Standards and procedures:(1) Geographic separation. Adequate isolation of animals to prevent the spread of disease as determined by a DTE.(2) Official identification. All animals entering and leaving the facility must be officially identified and that information is to be recorded and maintained as required by paragraph (4) of this subsection.(3) Biosecurity standards. Biosecurity standards for Authorized Calf Ranches and Authorized Grower Facilities will be determined by the commission upon consultation with calf ranch management and herd owner, based upon generally accepted disease prevention principles, and any unique disease risk considerations of the individual herd. Approved facilities may be required to be cleaned and disinfected between use by different groups of cattle. Vacation of facilities may also be required in certain situations where TB has been detected in the lot or as directed by a DTE.(4) Recordkeeping requirements. An approved facility shall maintain records for five years which indicate:(A) Animal Owner/Operator's name and address;(B) Number of animals;(C) Description of each animal including sex, age, breed and official identification, date of entry into the facility, and date the animals are shipped from the facility, as well as correlating identification of any retagged animals;(D) Origin and destination of the animals;(E) Records on waste milk feed to calves, including source and pasteurization status; and(F) Records for pasteurization of milk, including method, time, and temperature.(f) Renewal/Revocation. The approved status must be renewed by the operator every two years provided that the requirements specified in these regulations and the approved agreement continue to be met by the authorized facility. If the Executive Director determines the authorized facility has failed to comply with the agreement, the status may be revoked.</content><note type="source"><p>Source Note: The provisions of this §43.7 adopted to be effective June 3, 2014, 39 TexReg 4236.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c43/scB"><num value="B">SUBCHAPTER B</num><heading>GOATS</heading><section identifier="/us/state/tx/tac/t4/p2/c43/scB/s43.10"><num value="43.10">§43.10</num><heading>Definitions</heading><content>The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited free state--A state which maintains full compliance with all the provisions of the USDA's Uniform Methods and Rules (UMR) and where no evidence of bovine tuberculosis has been disclosed for five or more years.(2) Goats--Domestic caprids (genus Capra).(3) Herd--A group of goats maintained on common ground, or two or more groups of goats under common ownership or supervision geographically separated but which have an interchange or movement without regard to health status. (A Group is construed to mean one or more animals.)(4) Individually identified--Identification by metal eartag which provides unique identification for each individual animal conforming to the nine-character, alphanumeric National Uniform Eartagging System; or by an individual registration tattoo.(5) Modified accredited state--A state which is actively participating in the eradication of bovine tuberculosis and which maintains its status in accordance with the provisions of these UMR.(6) Negative animals--Goats which show no response to a tuberculin test or have been classified negative by the testing veterinarian following the application of the comparative cervical test.(7) Reactor--Any goat that shows a response to a tuberculin test and is classified a reactor by the testing veterinarian.(8) Suspect--Any goat which shows a response to the caudal fold tuberculin test and is not classified a reactor or goats which have been classified suspects by a comparative cervical test.(9) Tuberculin test--A test for tuberculosis applied and reported by approved personnel. The official tuberculin tests are: the caudal fold test, the comparative cervical test, and the single cervical test.(10) Who may administer tuberculin test--Tuberculin tests shall be conducted by a veterinarian employed by the Texas Animal Health Commission or the United States Department of Agriculture or by an accredited veterinarian.</content><note type="source"><p>Source Note: The provisions of this §43.10 adopted to be effective September 28, 1990, 15 TexReg 5360; amended to be effective April 4, 1999, 24 TexReg 2299; amended to be effective October 17, 1999, 24 TexReg 8735.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scB/s43.11"><num value="43.11">§43.11</num><heading>Accredited Herd Plan for Goats</heading><content>(a) Animals to be tested. Testing of herds for accreditation or reaccreditation shall include all goats 12 months of age and older. All natural additions shall be individually identified and recorded on the test charts as members of the herd at the time of the annual test.(b) Additions. Herd additions must originate directly from one of the following:(1) accredited herd;(2) herd in a modified accredited state that has passed a herd test of all animals 12 months of age and older, and the individual animals for addition were negative to the tuberculin test conducted within 60 days;(3) herd in a modified accredited state or accredited free state (bovine) not meeting the requirements of paragraphs (1) or (2) of this subsection. Individual animals for addition must pass a negative test within 60 days prior to entering the premises of the accredited herd and must be kept in isolation from all members of the accredited herd until negative to a test conducted after 60 days of date of entry. Animals added under paragraphs (2) and (3) of this subsection shall not receive accredited herd status for sale purposes until they have been members of the herd at least 60 days and were retested and found negative 60 days after entry.(c) Accreditation and reaccreditation. To qualify for accredited herd status, the herd must pass at least two consecutive annual tuberculin tests with no evidence of bovine tuberculosis disclosed. All animals must be bona fide members of the herd. Herds that qualify for accredited herd status shall be issued a certificate by the local state and federal officials. The accreditation period will be 12 months (365 days) from the anniversary date and not 12 months from the date of the reaccreditation test. To qualify for reaccreditation the herd must pass an annual test within a period of 10 to 14 months of the anniversary date.(d) Requirements following classification of a goat as a reactor or suspect. Goat herds with animals classified as reactors or suspects will be quarantined and tested on the same schedule as cattle (see §43.1 of this title (relating to Cattle)).</content><note type="source"><p>Source Note: The provisions of this §43.11 adopted to be effective September 28, 1990, 15 TexReg 5360; amended to be effective April 4, 1999, 24 TexReg 2299; amended to be effective October 17, 1999, 24 TexReg 8735.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scB/s43.12"><num value="43.12">§43.12</num><heading>Requirements for Entry into Texas</heading><content>The entry requirements are located in Chapter 51, §51.11 of this title (relating to Goats).</content><note type="source"><p>Source Note: The provisions of this §43.12 adopted to be effective June 23, 2002, 27 TexReg 5176.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c43/scC"><num value="C">SUBCHAPTER C</num><heading>ERADICATION OF TUBERCULOSIS IN CERVIDAE</heading><section identifier="/us/state/tx/tac/t4/p2/c43/scC/s43.20"><num value="43.20">§43.20</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accredited Herd--A herd that has passed at least two consecutive official tuberculosis tests of all eligible animals conducted at nine to 15 month intervals, has no evidence of bovine tuberculosis, and meets the requirements of the UM & R(2) Affected herd--A herd that contains or has recently contained one or more animals infected with Mycobacterium bovis and has not passed the required tests for release from quarantine. (3) Approved laboratory--A State/Federal Veterinary Diagnostic laboratory. The primary laboratory for tuberculosis histopathology and bacteriology culture and Cervid TB Stat-Pak Antibody Testing shall be the National Veterinary Services Laboratory, Ames, Iowa. Food Safety Inspection Service, Field Service Laboratories, may be utilized for histopathology. (4) Cervid TB Stat-Pak Antibody Test--A primary supplemental serologic test used to screen for bovine tuberculosis in elk, red deer, white-tailed deer, fallow deer, and reindeer only. Samples for this test shall only be collected by state and federal animal health officials or designated accredited veterinarians. (5) Cervidae--All species of deer, elk, and moose raised under agricultural conditions for the production of meat, the production of other agricultural products, sport, or exhibition. (6) Commission--The Texas Animal Health Commission. (7) Comparative Cervical Tuberculin (CCT) Test--The intradermal injection of biologically balanced bovine Purified Protein Derivative (PPD) tuberculin and avian PPD tuberculin at separate sites in the mid-cervical area to determine the probable presence of bovine tuberculosis (Mycobacterium bovis) by comparing the response of the two tuberculins 72 hours (plus or minus six hours) following injection. This test may be used for retesting Single Cervical Tuberculin Test suspects and shall be administered only by an approved state or federal veterinarian. (8) Designated Accredited Veterinarian (DAV)--An accredited veterinarian trained and approved to conduct the Single Cervical Test for tuberculosis on Cervids and the Cervid TB Stat-Pak Antibody Test for tuberculosis on elk, red deer, white-tailed deer, fallow deer, and reindeer. (9) Designated Tuberculosis Epidemiologist (DTE)--An epidemiologist who has demonstrated the knowledge and ability to perform the functions specified by the Bovine Tuberculosis Eradication Uniform Methods and Rules. The DTE must be selected jointly by the cooperating State Animal Health Official, the Area Veterinarian in Charge, and the Regional Epidemiologist. The National Animal Health Programs staff must concur in the appointment. The DTE has the responsibility to determine the scope of epidemiological investigations, assist in development of individual herd plans, and to coordinate disease surveillance and eradication programs within their geographic area of responsibility. The DTE has authority to make independent decisions concerning the use and interpretation of diagnostic tests and management of affected herds when those actions are supported by sound disease eradication principles. (10) Direct shipment to slaughter--The shipment of tuberculosis reactors and suspects and tuberculosis-exposed cervids from the premises of origin, by permit, directly to a slaughtering establishment operating under state or federal inspection, without diversion to assembly points of any type. (11) Dual-Path Platform Test (DPP)--A secondary more specific serologic test used when animals have non-negative results on the Stat-Pak test. The initial DPP is run on the non-negative blood submitted for the Stat-Pak test. (12) Herd--A group of cervids and other hoof stock maintained on common ground or two or more groups of cervids and other hoof stock under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status. (A group is construed to mean one or more animals.) (13) Individual Herd Plan--A written disease management plan that is designed by the herd owner and/or other herd representative and a State or Federal veterinarian to eradicate tuberculosis from an affected herd while reducing human exposure to the disease. The herd plan will include appropriate herd test frequencies, tests to be employed, and any additional disease or herd management practices deemed necessary to eradicate tuberculosis from the herd in an efficient and effective manner. The plan must be approved by the State Animal Health Official and the Area Veterinarian in Charge, and have the concurrence of the Regional or Designated Tuberculosis Epidemiologist. (14) Monitored Herd--A herd on which identification records are maintained on animals over one year of age slaughtered and inspected for tuberculosis at an approved State/Federal slaughter facility or an approved laboratory, and animals tested negative for tuberculosis in accordance with the requirements for interstate movement specified in the Tuberculosis Eradication in Cervidae Uniform Methods and Rules. The initial qualifying total herd size is the annual average of animals one year of age or older during the initial qualifying period, which period shall not exceed three years. The combined number of slaughtered or tested animals in the sample must be evenly distributed over a three year period, and no less than half of the qualifying animals must be slaughter inspected. The rate to detect infection at a 2.0% prevalence level with 95% confidence would require a maximum number of 178 animals.Attached Graphic(15) Negative animals--Cervids that show no response to a Single Cervical Tuberculin test or elk, red deer, white-tailed deer, fallow deer or reindeer that test negative on the Stat-Pak test. Animals that show a non-negative response on the Single Cervical Tuberculin Test or the Stat-Pak test may be classified negative by the DTE based upon history, secondary supplemental tests (CTT or DPP) or examination of carcasses. (16) No gross lesion (NGL) animals--Cervids that do not reveal a lesion(s) of bovine tuberculosis upon necropsy. (17) Official eartag--An identification eartag that provides unique identification for each individual animal by conforming to the alpha-numeric National Uniform Eartagging System. (18) Official tuberculosis test--A test for bovine tuberculosis applied and reported by approved personnel. The official tests for cervidae are the single cervical test and the comparative cervical test. The Stat-Pak test and the DPP test are considered official tests for elk, red deer, white-tailed deer, fallow deer or reindeer only. (19) Permit--An official document issued by a representative of the Commission, USDA APHIS-VS, or an accredited veterinarian that is required to accompany reactor, suspect or exposed cervids to slaughter. The permit will list the reactor tag number or official eartag number in the case of suspect and exposed cervids; the owner's name and address; origin and destination; number of cervids included; and the purpose of the movement. If a change in destination becomes necessary, a new permit must be issued by authorized personnel. No diversion from the destination of the permit is allowed. (20) Qualified herd--A cervid herd that has undergone at least one complete official negative test of all eligible animals within the past 12 months and is not classified as an accredited herd, has no evidence of bovine tuberculosis, and meets the standards of the UM & R(21) Reactor--Any cervid that shows a response to an official tuberculosis test and is classified a reactor by the DTE. (22) Single Cervical Tuberculin Test (SCT)--The intradermal injection of 0.1 mL (5,000 tuberculin units) of USDA PPD Bovis tuberculin in the mid-cervical region with reading by visual observation and palpation in 72 hours (plus or minus six hours) following injection. This test shall be administered only by a state, federal, or designated accredited veterinarian. (23) Surveyed Herd--A cervid herd in which surveillance records are maintained on all animals over one year of age that are surveyed for evidence of bovine tuberculosis by routine post mortem inspection at an approved state/federal slaughter facility, or approved diagnostic laboratory, or routine tuberculosis tests performed by a designated accredited veterinarian or by other appropriate surveillance methods approved by a representative of the TAHC. (24) Suspect--Any cervid that shows a response to the single cervical tuberculin test or any elk, red deer, white-tailed deer, fallow deer or reindeer that test non-negative on the Stat-Pak test and is not classified a reactor, or is classified suspect by a supplemental tuberculosis test. (25) Tuberculin--A product that is approved by and produced under USDA license for the intradermal injection of cervids for the purpose of detecting bovine tuberculosis. (26) Tuberculosis--A disease in Cervidae caused by Mycobacterium bovis (M. bovis).</content><note type="source"><p>Source Note: The provisions of this §43.20 adopted to be effective August 31, 1995, 20 TexReg 5857; amended to be effective October 1, 1997, 22 TexReg 11345; amended to be effective June 14, 2007, 32 TexReg 3172; amended to be effective October 7, 2013, 38 TexReg 6912.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scC/s43.21"><num value="43.21">§43.21</num><heading>General Requirements</heading><content>(a) Reporting of tests. All cervidae tested shall be officially identified at the time of an official test. A report of all tuberculosis tests, including the official identification of each animal, a record of the size of the response of the Single Cervical Tuberculin Test or the result of the TB Cervid Stat Pak Antibody Testing where indicated, and test interpretation shall be submitted in accordance with the requirements of the cooperating state and federal officials.(b) Classification of cervidae tested.(1) Single cervical tuberculin test.(A) Herds of unknown status. All SCT responses shall be recorded and the animals classified as suspects and quarantined for retest with the CCT, unless in the judgment of the testing veterinarian the reactor classification is indicated.(B) Known infected herds. All responses shall be recorded and the animals classified as reactors.(2) Comparative cervical test--All responses are to be measured to the nearest 0.5mm.(A) Animals having a response to bovine PPD of less than 1mm should be classified negative.(B) Animals having a response to bovine PPD from 1mm through 2mm that is equal to or greater than the avian PPD response shall be classified as suspects.(C) Animals having a response to bovine PPD greater than 2.0mm but equal to the avian response shall be classified as suspects, except when in the judgment of the testing veterinarian the reactor classification is indicated.(D) Animals meeting the criteria for suspect classification on two successive CCTs shall be classified as reactors.(E) Animals having a response to bovine PPD which is greater than 2.0mm and is 0.5mm greater than the avian PPD response shall be classified as reactors.(3) Suspect SCT cervids may be retested by the CCT only. The CCT may be applied within ten days following the SCT injection or after 90 days. If the CCT is applied within ten days of the SCT, the opposite side of the neck shall be used. Animals positive to the CCT shall be classified as reactors.(4) Suspects may be necropsied in lieu of retesting, and, if found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), shall be considered negative for tuberculosis.(c) Classification of captive elk, red deer, white-tailed deer, fallow deer or reindeer tested.(1) Cervid TB Stat Pak antibody test.(A) Herds of unknown status. All Stat Pak non-negative responses shall be recorded and the animals classified as suspects and quarantined for retest with the DPP unless in the judgment of the DTE the reactor classification is indicated.(B) Known infected herds. All non-negative responses shall be recorded and the animals classified as reactors.(2) Dual-Path Platform Test shall be performed on all non-negatives samples submitted for Stat Pak Testing. Animals non-negative on the Stat-Pak test and non-negative on a single DPP test should be classified as suspect unless the DTE determines that a reactor classification is warranted.(3) Animals classified as suspect by a single DPP test may be retested with the DPP test only with a new blood sample drawn no sooner than 30 days after the initial sample was obtained.(4) Animals that are non-negative on two successive DPP tests should be classified as reactor.(5) Suspects may be necropsied in lieu of retesting, and, if found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), shall be considered negative for tuberculosis.(d) Disposition of Tuberculin-Responding Cervidae.(1) Reactors shall remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter will be within 15 days of classification directly to a slaughter establishment where approved state or federal inspection is maintained. Alternatively, the animals may be destroyed and necropsy conducted by or under the supervision of a state or federal regulatory veterinarian that has been trained in tuberculosis necropsy procedures.(2) Herds containing suspects to the SCT shall be quarantined until the suspect animals are:(A) retested by the CCT within ten days of the SCT injection; or(B) retested by the CCT after 90 days; or(C) shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis.(3) Suspects to the CCT shall remain under quarantine until:(A) comparative cervical suspects are retested by the CCT after 90 days; or(B) such animals are shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and cultured (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis.(4) An animal meeting the suspect criteria on two successive CCT tests followed by one suspect CCT test shall be classified as a reactor and be identified as such. The testing veterinarian must justify exceptions in writing and have the concurrence of State or Federal animal health personnel.(e) Identification of Reactors. Reactor cervids shall be identified by branding with the letter "T" at least two by two inches in size, high on the left hip near the tailhead, and by tagging with an official eartag bearing a serial number and inscription "U.S. Reactor" attached to the left ear of each reactor animal.(f) Disposition of elk, red deer, white-tailed deer, fallow deer or reindeer that are non-negative on the Stat-Pak test and non-negative on a single DPP test.(1) Reactors shall remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter will be within 15 days of classification directly to a slaughter establishment where approved state or federal inspection is maintained. Alternatively, the animals may be destroyed and necropsy conducted by or under the supervision of a state or federal regulatory veterinarian that has been trained in tuberculosis necropsy procedures.(2) Herds containing suspects to the Stat-Pak test and a single DPP test shall be quarantined until the suspect animals are:(A) retested by the DPP test only with a new blood sample drawn no sooner than 30 days after the initial sample was obtained; or(B) shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis.(3) Animals that are non-negative on two successive DPP tests should be classified as reactor. Any exceptions to reactor classification must be justified by the designated TB epidemiologist in writing and have the concurrence of the regional TB epidemiologist.(g) Quarantine procedures.(1) All herds in which reactor animals are disclosed shall be quarantined. Exposed animals must remain on the premises where disclosed unless a state or federal permit for movement to slaughter has been obtained. Movement for immediate slaughter must be directly to a slaughter establishment where approved state or federal inspection is administered. Animals must be identified by official eartag. Use of "S" brand is required, or animals must be shipped in an official sealed vehicle. The "S" brand shall be applied to either the left jaw or the tailhead.(2) Cervidae herds in which M. bovis is confirmed shall remain under quarantine if not depopulated, and must pass three consecutive official tuberculosis tests of all animals. The first test must be conducted 90 days or more after the last test yielding a positive animal, with two additional tests at 180-day minimum intervals. Five annual complete herd tests of all animals shall be given following the release from quarantine.(3) Cervidae herds that have had a test of all eligible animals with NGL reactors only and no evidence of tuberculosis infection is found by histopathology and culture of M. bovis (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis) may be released without further restrictions.(4) Cervidae herds in which compatible or suggestive lesions are found by histopathology without the isolation of M. bovis may be released from quarantine following a negative 90-day retest of the entire herd, provided there is no known association with M. bovis.(5) Cervidae herds that exhibit NGL reactors in which no evidence of tuberculosis infection is found by histopathology and culture of M. bovis and are unable to conduct a test of all eligible animals, shall be evaluated by the state and/or regional tuberculosis epidemiologist for possible release of quarantine.(h) Procedures in affected herds. Disclosure of tuberculosis in any herd shall be followed by a complete epidemiological investigation. All cervids in herds from which tuberculosis animals originate, and all cervids that are known to have associated with affected cervids or other affected animals, shall be tested promptly. These procedures shall apply to adjacent and contact herds as well as to the evaluation and testing of possible source herds for the affected herd. Herds that have received exposed animals shall be tested following the slaughter or testing of the exposed animals. Every effort shall be made to ensure the immediate elimination of the disease from all species of animals on the premises. The herd shall be handled as outlined under subsection (g) of this section.(i) Retest Schedules for High Risk Herds.(1) In herds with a history of lesions compatible or suggestive for tuberculosis by histopathology, two complete annual herd tests shall be given after release from quarantine. Herds with a bacteriologic isolation of a Mycobacteria species other than M. bovis should be considered negative for bovine tuberculosis with no further testing requirements.(2) In a newly assembled herd on premises where a tuberculosis herd has been depopulated, two annual herd tests shall be applied to all animals. The first test must be approximately six months after assembly of the new herd. If the premises are vacated for over one year, these requirements may be waived.(3) Exposed animals previously sold from known infected herds shall be depopulated if possible, or tested with the SCT or Stat Pak/DPP by State or Federal veterinarians. All animals non-negative to either test shall be classified as reactors.(A) If bovine tuberculosis is confirmed in the exposed animal(s), the remainder of the receiving herd shall be classified as an infected herd and handled according to subsection (g)(2) of this section.(B) If negative to the test, the exposed animal(s) will subsequently be handled as if a part of the infected herd of origin for purposes of testing, quarantine release, and the five annual high-risk tests. The remainder of the herd shall be tested at the time of the initial investigation and retested in one year with the SCT or Stat Pak/DPP. Supplemental diagnostic tests may be used if needed.(4) Herds indicated as the source(s) of animals in slaughter traceback investigations shall be placed under quarantine within 30 days of notification to the area office, and a herd test scheduled. Testing of source herds of slaughter animals having lesions of tuberculosis shall be done by state or federal regulatory veterinarians using the SCT or Stat Pak/DPP.(A) If the herd of origin is positively identified and M. bovis has been confirmed by bacterial isolation from the slaughter animal, all animals responding to the SCT or Stat Pak/DPP shall be classified as reactors. In all other cases, supplemental diagnostic tests may be used.(B) In herds identified as the source of culture negative lesioned animals, responding animals may be classified as reactors or suspects. If classified as suspects, they may be retested by supplemental diagnostic tests.(j) Cleaning and disinfection of premises, conveyances, and materials. All premises, including all structures, holding facilities, conveyances, and materials that are determined by program officials to constitute a health hazard to humans or animals because of tuberculosis, shall be properly cleaned and disinfected. This shall be done within 15 days after the removal of tuberculosis-affected or exposed cervids in accordance with approved procedures. However, these officials may extend the time limit for disinfection to 30 days when a request for such extension is received prior to the expiration date of the original 15-day period allowed.</content><note type="source"><p>Source Note: The provisions of this §43.21 adopted to be effective August 31, 1995, 20 TexReg 5857; amended to be effective July 5, 1996, 21 TexReg 5555; amended to be effective October 1, 1997, 22 TexReg 11346; amended to be effective October 7, 2013, 38 TexReg 6912.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scC/s43.22"><num value="43.22">§43.22</num><heading>Herd Status Plans for Cervidae</heading><content>(a) Accredited Herd Plan. (1) Animals to be tested. Testing of herds for accreditation or reaccreditation shall include all Cervidae and all other hoof stock over 12 months of age and animals under 12 months of age that are not natural additions, except that animals under 12 months of age that are not natural additions that were born in and originate from an accredited herd will not need to be tested. (2) Qualifying standards. To meet the requirements for accredited herd status, the herd must pass at least two consecutive official tests for tuberculosis at nine to 15 month intervals with no evidence of bovine tuberculosis disclosed. Herds meeting these standards shall be issued a certificate by the Commission. (3) Additions. Herd additions must originate directly from one of the following and have no exposure to cervids from herds of lower status: (A) An Accredited Herd. (B) A Qualified or Monitored Herd. Provided, the individual animals for addition were negative to an official tuberculosis test conducted within 90 days prior to entry and isolated from members of the accredited herd until negative to an official tuberculosis test conducted at least 90 days following entry. (C) A herd not meeting the requirements of subparagraph (A) or (B) of this paragraph. Individual animals for addition must be isolated from all other members of the herd of origin, and pass two negative official tests for tuberculosis conducted at least 90 days apart, with the second test conducted within 90 days prior to movement to the premises of the accredited herd. The additions must be kept in isolation from members of the accredited herd until negative to an official tuberculosis test conducted at least 90 days following the date of entry. (D) Animals added under this subparagraph and subparagraph (B) of this paragraph shall not receive accredited herd status for sale or movement purposes until they are negative on a retest 90 days after entry. (4) Reaccreditation. To qualify for reaccreditation, the herd must pass a test within a period of 33 to 39 months of the anniversary date. The accreditation period will be 36 months from the anniversary date (not 36 months from the date of the reaccreditation test). (b) Monitored Herd Plan.(1) Requirements. Identification records must be maintained on animals over one year of age slaughtered, inspected, and found negative for tuberculosis at an approved slaughter facility or at an approved diagnostic laboratory. Such records may also include animals that have been tested negative for tuberculosis in accordance with the requirements for interstate movement. A monitored herd must identify animals over one year of age at slaughter, and animals tested negative for interstate movement at a rate to detect infection at a 2.0% prevalence level with 95% confidence evenly distributed over a three year period. No less than half of the qualifying animals must be slaughter inspected. This rate would require a maximum of 178 animals. The qualifying total herd size is the annual average of herd members over one year of age maintained during the initial test period, which period shall not exceed three years. Attached Graphic(2) Maintenance of Monitored Herd Status. For monitored herd status to be renewed, an annual report shall be submitted by the person, firm or corporation responsible for the management of the herd to the Commission prior to the anniversary date. This report shall give the number of animals currently in the herd and the number of animals over one year of age, identified and slaughtered at a State/Federal approved slaughter facility and animals tested negative for tuberculosis in accordance with the requirements for interstate movement during the preceding year. The number of slaughter inspections and animals tuberculosis tested in accordance with the requirements for interstate movements reported in any given year must be at least 25% of the number required to initially qualify a herd of this size for monitored herd status, provided, however, that during each consecutive three year period, 100% of the initial qualifying total shall be achieved. (3) Additions. Herd additions must originate from one of the following: (A) an Accredited Herd. (B) a Qualified or Monitored Herd. Provided, the individual animals for addition were negative to a tuberculosis test conducted within 90 days prior to entry. (C) a herd not meeting the requirements of subparagraph (A) or (B) of this paragraph. Individual animals for addition must be isolated from other members of the herd of origin, and pass two negative official tests for tuberculosis, conducted at least 90 days apart, provided that the second test was conducted within 90 days prior to movement to the premises of the monitored herd. The additions must be kept in isolation from all members of the monitored herd until negative to an official tuberculosis test conducted at least 90 days following the date of entry. Animals added under this paragraph shall not receive monitored herd status for sale purposes until they are negative to a retest 90 days after entry. (c) Qualified Herd Plan for Cervidae. (1) Animals to be tested. Testing of herds for qualified herd status shall include all cervidae over 12 months of age and any animals under 12 months of age that are not natural additions, except such animals originating from accredited, qualified, or monitored herds. (2) Qualifying Standards. To meet the requirements for qualified herd status, the herd must pass one official test for tuberculosis, within a seven month period with no evidence of bovine tuberculosis disclosed. The qualified herd status remains in effect for 12 months following the qualifying test. (3) Additions. Herd additions must originate directly from one of the following: (A) an accredited herd; (B) a monitored or qualified herd, provided that the individual animals for addition were negative to an official tuberculosis test conducted within 90 days prior to entry; (C) a herd not meeting the requirements of subparagraph (A) or (B) of this paragraph. Individual animals for addition must be isolated from other members of the herd of origin and must have negative results to two official tests for tuberculosis, conducted at least 90 days apart, provided that the second test was conducted within 90 days prior to movement to the premises of the qualified herd. The additions must be kept in isolation from all members of the qualified herd until they are negative to an official tuberculosis test conducted at least 90 days following the date of entry. (4) Animals added under paragraph (3)(C) of this subsection shall not receive qualified herd status for sale or movement purposes until they are negative to a retest 90 days after entry. (d) Surveyed Herd. (1) Requirements--Surveillance records must be maintained on all animals over one year of age harvested and inspected or tested without evidence of bovine tuberculosis: (A) at an approved slaughter facility with state/federal meat inspection, approved diagnostic laboratory; and/or (B) routine tuberculosis testing of individual animals or consignments performed by a designated accredited veterinarian; and/or (C) other appropriate methods of surveillance approved by a representative of the TAHC. (2) A surveyed herd must identify animals at a rate to detect infection at a 2.0% prevalence level with 95% confidence. This rate would require an annual survey of a minimum of one-third of the total number of animals prescribed in appendix 1 for each specified herd size. (3) Qualification and maintenance of surveyed herd status. An annual report shall be submitted by the person, firm, or corporation responsible for management of the herd to the Commission at the time of qualifying and prior to each anniversary date. The report shall include the estimated number of breeding age animals currently in the herd and the number of animals over one year of age surveyed during the preceding year. (e) Status of newly assembled herds. A newly assembled herd shall assume the herd status of the herd from which the animals originated. If the herd is assembled from more than one herd, it shall assume the status of the originating herd with the lowest status. A newly assembled herd shall also assume the testing schedule of the herd which status it assumes. These animals must have no exposure to cervidae from herds of lesser status than the herd of origin which is determining the status of the newly assembled herd.</content><note type="source"><p>Source Note: The provisions of this §43.22 adopted to be effective August 31, 1995, 20 TexReg 5857; amended to be effective October 1, 1997, 22 TexReg 11346; amended to be effective August 22, 1999, 24 TexReg 6280; amended to be effective June 14, 2007, 32 TexReg 3172.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scC/s43.23"><num value="43.23">§43.23</num><heading>Requirements for Entry into Texas</heading><content>The entry requirements are located in Chapter 51, §51.10 of this title (relating to Cervidae).</content><note type="source"><p>Source Note: The provisions of this §43.23 adopted to be effective June 23, 2002, 27 TexReg 5176.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c43/scD"><num value="D">SUBCHAPTER D</num><heading>MOVEMENT RESTRICTION ZONE (MRZ)</heading><section identifier="/us/state/tx/tac/t4/p2/c43/scD/s43.30"><num value="43.30">§43.30</num><heading>Special Requirements for Movement Restriction Zone (MRZ)</heading><content>(a) The Movement Restriction Zone (MRZ) is defined as a geographic area infected with or at a high risk for bovine tuberculosis.(b) El Paso and Hudspeth County MRZ. That portion of the state within the boundaries of a line beginning in El Paso County where Loop 375 and Interstate Highway (IH) 10 intersect; thence southeast along IH 10 to Spur 148 at Ft. Hancock in Hudspeth County; thence south along Spur 148 to State Highway (SH) 20; thence south along SH 20 to Farm to Market Road (FM) 1088; thence south along FM 1088 to the Rio Grande River; thence northwest along the Rio Grande River to South Zaragoza Road in El Paso County; thence north along South Zaragoza Road to Loop 375; thence northeast along Loop 375 to the intersection of Loop 375 and IH 10. The El Paso and Hudspeth County MRZ only applies to bovine.</content><note type="source"><p>Source Note: The provisions of this §43.30 adopted to be effective April 8, 2001, 26 TexReg 2534; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective February 19, 2015, 40 TexReg 697.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c43/scD/s43.31"><num value="43.31">§43.31</num><heading>Testing Requirements in Movement Restriction Zone (MRZ)</heading><content>All species susceptible to bovine tuberculosis within the Movement Restriction Zone must be tested as epidemiologically determined by the commission.</content><note type="source"><p>Source Note: The provisions of this §43.31 adopted to be effective April 8, 2001, 26 TexReg 2534; amended to be effective February 19, 2015, 40 TexReg 697.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c44"><num value="44">CHAPTER 44</num><heading>BOVINE VIRAL DIARRHEA</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c44/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c44/sc/s44.1"><num value="44.1">§44.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the defined meanings, unless the context clearly indicates otherwise:(1) Bovine Viral Diarrhea (BVD) - Bovine viral diarrhea is a viral disease of cattle that is caused by the bovine viral diarrhea virus (BVDV).(2) BVDV Persistently Infected (BVDV-PI) Cattle--Any cattle with positive results on a BVDV antigen detection test (e.g., ELISA [enzyme-linked immunosorbent assay], PCR [polymerase chain reaction], or BVDV immunohistochemistry [IHC]) that either are not retested, or that have a positive result on a BVDV retest.(3) BVDV Retest--A subsequent test for BVDV using an antigen detection test (e.g., ELISA [enzyme-linked immunosorbent assay], PCR [polymerase chain reaction], or BVDV immunohistochemistry [IHC]).(4) Cattle--All dairy and beef animals (genus Bos).(5) Commission--The Texas Animal Health Commission.</content><note type="source"><p>Source Note: The provisions of this §44.1 adopted to be effective February 2, 2020, 45 TexReg 529.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c44/sc/s44.2"><num value="44.2">§44.2</num><heading>General Requirements</heading><content>(a) A seller that knowingly sells BVDV Persistently Infected Cattle must disclose the Bovine Viral Diarrhea Virus Persistently Infected status in writing to the buyer prior to or at the time of sale.(b) Cattle that initially test positive to a BVDV antigen detection test may be administered a BVDV retest. If the retest results are negative, the cattle are considered to have been transiently infected (not persistently infected) and are not covered under this rule.(c) The Commission shall establish a BVDV Program Review Working Group consisting of members from the cattle industry, veterinary profession, veterinary diagnostic laboratory, veterinary college, extension service and agency representatives. The working group shall annually review the BVDV control program and make recommendations to the Commission on amendments to program components or operation, and on whether or not the program should be continued.</content><note type="source"><p>Source Note: The provisions of this §44.2 adopted to be effective February 2, 2020, 45 TexReg 529.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c45"><num value="45">CHAPTER 45</num><heading>REPORTABLE AND ACTIONABLE DISEASES</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c45/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c45/sc/s45.1"><num value="45.1">§45.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) World Organisation for Animal Health (OIE) Diseases--Animal diseases which have the potential for very serious and rapid spread, irrespective of national borders, which are of serious socioeconomic or public health consequence and of major importance in the international trade of animals and animal products.(2) Foreign Animal Diseases--Animal diseases recognized by the United States Department of Agriculture as not being found in the United States.(3) Reportable Animal Diseases--Also termed notifiable diseases and conditions by the United States Department of Agriculture, diseases that consist of emergency incidents, emergency disease incidents, and regulated disease incidents.(4) National Program Diseases--Animal diseases that are the subject of a federal and state cooperative eradication program between the State of Texas and the United States Department of Agriculture.(5) Texas Animal Health Commission Designated Diseases and Agents of Disease Transmission--Animal diseases and agents of disease transmission that the commission has determined must be reported so the commission may act as necessary to eradicate or control the animal disease or agent of disease transmission.</content><note type="source"><p>Source Note: The provisions of this §45.1 adopted to be effective January 12, 2000, 25 TexReg 77; amended to be effective October 21, 2021, 46 TexReg 7040.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c45/sc/s45.2"><num value="45.2">§45.2</num><heading>Duty to Report</heading><content>(a) A veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the following diseases and agents of disease transmission among livestock, exotic livestock, domestic fowl, or exotic fowl to the commission within 24 hours after diagnosis, unless otherwise required, if the disease or agent of disease transmission is:(1) recognized by the United States Department of Agriculture as a foreign animal disease or a reportable animal disease;(2) the subject of a cooperative eradication program with the United States Department of Agriculture;(3) reportable to the World Organisation for Animal Health (OIE);(4) the subject of a state emergency, as declared by the Governor; or(5) a disease or agent of disease transmission designated by the Texas Animal Health Commission in §45.3(c) of this chapter.(b) In addition to reporting the existence of a disease under subsection (a) of this section, the veterinarian shall also report to the commission information, to the extent applicable, relating to:(1) the species and number of animals affected and exposed on the premises;(2) any clinical diagnosis or postmortem findings;(3) any death losses;(4) location of animals; and(5) animal(s) owner's and caretaker's name, address, and telephone number; and(6) name and telephone number of the veterinarian or other person in attendance.(c) Diseases and agents of disease transmission in animals that are reportable to both the Texas Animal Health Commission and the Department of State Health Services in accordance with 25 TAC §97.3(b) may be reported to either agency, which will be forwarded to the other agency.</content><note type="source"><p>Source Note: The provisions of this §45.2 adopted to be effective January 12, 2000, 25 TexReg 77; amended to be effective June 14, 2007, 32 TexReg 3172; amended to be effective April 1, 2009, 34 TexReg 1984; amended to be effective October 15, 2009, 34 TexReg 7065; amended to be effective October 10, 2012, 37 TexReg 8014; amended to be effective October 9, 2014, 39 TexReg 7914; amended to be effective October 21, 2021, 46 TexReg 7040.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c45/sc/s45.3"><num value="45.3">§45.3</num><heading>Reportable and Actionable Disease List</heading><content>(a) The commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from the following diseases and agents of disease transmission:(1) Anthrax;(2) Avian infectious laryngotracheitis;(3) Avian influenza;(4) Babesiosis;(5) Brucellosis;(6) Chronic wasting disease;(7) Classical swine fever;(8) Equine herpesvirus myeloencephalopathy (EHV1-EHM);(9) Equine infectious anemia;(10) Equine piroplasmosis;(11) Foot-and-mouth disease;(12) Fowl typhoid;(13) Glanders;(14) Hemorrhagic septicemia;(15) Pullorum disease;(16) Rabies;(17) Scabies;(18) Scrapie;(19) Swine pseudorabies;(20) Trichomoniasis;(21) Tuberculosis; and(22) Foreign or emerging diseases the Executive Director of the Texas Animal Health Commission determines by order requires control or eradication.(b) The commission may act to eradicate or control any disease or agent of disease transmission that affects livestock, exotic livestock, domestic fowl, or exotic fowl if the disease or agent of disease transmission is:(1) recognized by the United States Department of Agriculture as a foreign animal disease or a reportable animal disease;(2) the subject of a cooperative eradication program with the United States Department of Agriculture;(3) reportable to the World Organisation for Animal Health (OIE);(4) the subject of a state emergency, as declared by the Governor;(5) any individual case report, outbreak, emerging disease, or unusual group expression of disease or agent of disease transmission, which affects livestock, exotic livestock, domestic fowl, or exotic fowl other than bluetongue; or(6) a disease or agent of disease transmission designated by the Texas Animal Health Commission in §45.3(c) of this section.(c) The commission designates the following as reportable and actionable diseases and agents of disease transmission.(1) Multiple species:(A) African animal trypanosomiasis;(B) Akabane disease;(C) Anthrax;(D) Asian longhorned tick (Haemaphysalis longicornis);(E) Aujeszky's disease (pseudorabies);(F) Bont and tropical bont tick (Ambylomma hebraeum and Amblyomma variegatum);(G) Fever tick (Rhipicephalus (formerly Boophilus) annulatus and Rhipicephalus microplus);(H) Foot-and-mouth disease;(I) Heartwater;(J) Leishmaniasis;(K) Malignant Catarrhal Fever caused by a ruminant gamma herpesvirus;(L) Rabies;(M) Rift Valley fever;(N) Rinderpest;(O) Schmallenberg virus;(P) Screwworm; and(Q) Vesicular stomatitis virus;(2) Cattle:(A) Bovine babesiosis;(B) Bovine brucellosis (Brucella abortus);(C) Bovine spongiform encephalopathy;(D) Bovine trichomoniasis;(E) Bovine tuberculosis;(F) Contagious bovine pleuropneumonia;(G) East Coast fever (Theileriosis);(H) Hemorrhagic septicemia;(I) Lumpy skin disease; and(J) Scabies;(3) Cervidae:(A) Brucellosis (Brucella abortus, Brucella suis (biotype 4));(B) Chronic wasting disease; and(C) Tuberculosis;(4) Sheep and goat:(A) Caprine and ovine brucellosis (Brucella melitensis, Brucella ovis);(B) Contagious caprine pleuropneumonia;(C) Nairobi sheep disease;(D) Peste des petits ruminants;(E) Scabies;(F) Scrapie; and(G) Sheep pox and goat pox;(5) Equine:(A) African horse sickness;(B) Contagious equine metritis;(C) Dourine;(D) Equine encephalomyelitis (Eastern, Western, and Venezuelan);(E) Equine herpesvirus myeloencephalopathy (EHV1-EHM);(F) Equine infectious anemia;(G) Equine piroplasmosis;(H) Equine viral arteritis;(I) Glanders;(J) Hendra virus (equine morbillivirus pneumonia);(K) Japanese encephalitis; and(L) Surra (Trypanosoma evansi);(6) Swine:(A) African swine fever;(B) Classical swine fever (hog cholera);(C) Swine brucellosis (Brucella suis);(D) Swine pseudorabies;(E) Swine vesicular disease; and(F) Vesicular exanthema of swine;(7) Poultry and avian:(A) Arboviral encephalitis;(B) Avian chlamydiosis (ornithosis, psitticosis);(C) Avian infectious laryngotracheitis;(D) Avian tuberculosis (Mycobacterium avium);(E) Duck virus hepatitis;(F) Egg drop syndrome virus;(G) Fowl typhoid;(H) Highly pathogenic avian influenza (fowl plague, orthomyxovirus (type H5 or H7));(I) Low pathogenic avian influenza;(J) Newcastle disease (paramyxovirus serotype 1 (PMV-1));(K) Paramyxovirus infections (other than Newcastle disease; PMV-2 to PMV-9); and(L) Pullorum disease;(8) Rabbit:(A) Myxomatosis; and(B) Rabbit hemorrhagic disease.(d) The Executive Director of the Texas Animal Health Commission is authorized to determine the necessary requirements related to quarantine, disposal, testing, movement, inspection, and treatment of diseases or agents of disease transmission in this chapter.</content><note type="source"><p>Source Note: The provisions of this §45.3 adopted to be effective October 21, 2021, 46 TexReg 7040; amended to be effective May 17, 2023, 48 TexReg 2480; amended to be effective December 10, 2025, 50 TexReg 7878.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c45/sc/s45.4"><num value="45.4">§45.4</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §45.4 adopted to be effective October 21, 2021, 46 TexReg 7040.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c46"><num value="46">CHAPTER 46</num><heading>EXPORT-IMPORT FACILITIES</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c46/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c46/sc/s46.1"><num value="46.1">§46.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Animal--includes livestock, exotic livestock, domestic fowl, and exotic fowl.(2) Export-Import Facility--A public or private livestock export-import processing facility that is a land border port in this state with the capacity to receive and hold livestock and livestock products for transportation in international trade. The term includes a department facility authorized by Section 146.021 of the Texas Agriculture Code.(3) VS Form 1-27--A permit for the movement of restricted animals.</content><note type="source"><p>Source Note: The provisions of this §46.1 adopted to be effective October 21, 2021, 46 TexReg 7041.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c46/sc/s46.2"><num value="46.2">§46.2</num><heading>Duty to Report</heading><content>An owner or person in charge of an export-import facility shall report to the commission not later than 24 hours after an animal at an export-import facility is refused export out of this state or entry into another country the following information:(1) names and addresses of the consignor, consignee, farm of origin, and importer;(2) species of the animal;(3) breed;(4) official animal identification;(5) sex;(6) age in months;(7) export-import facility where the refused animal is located;(8) reason for refusal;(9) number of animals in the shipment to which the refused animal belongs;(10) date refused animal arrived at the export-import facility;(11) date of refusal; and(12) name, address, and telephone number of person notified regarding the refused animal.</content><note type="source"><p>Source Note: The provisions of this §46.2 adopted to be effective October 21, 2021, 46 TexReg 7041.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c46/sc/s46.3"><num value="46.3">§46.3</num><heading>Recordkeeping Requirements</heading><content>(a) The owner or person in charge of an export-import facility shall record and maintain the following information for each animal refused export out of this state or entry into another country:(1) names and addresses of the consignor, consignee, farm of origin, and importer;(2) species of the animal;(3) breed;(4) official animal identification;(5) sex;(6) age in months;(7) export-import facility where the refused animal is located;(8) destination of the animal after refusal;(9) reason for refusal;(10) number of animals in the shipment to which the refused animal belongs;(11) date refused animal arrived at the export-import facility;(12) date of refusal;(13) seal(s) number;(14) date seal(s) was applied;(15) truck license number;(16) trailer license number;(17) name, address, and telephone number of person notified regarding the refused animal; and(18) a copy of the health certificate required for international export.(b) An owner or person in charge of an export-import facility shall submit to the commission a copy of the Export Veterinary Health Certificate or equivalent document required for international export and the information required by this section not later than 7 days after an animal at the export-import facility is refused export out of this state or entry into another country.(c) The owner or person in charge of an export-import facility shall maintain records required by this section for one year from the date of refusal.(d) The owner or person in charge of an export-import facility shall provide the records listed in this section to commission personnel for inspection upon request during normal business hours.</content><note type="source"><p>Source Note: The provisions of this §46.3 adopted to be effective October 21, 2021, 46 TexReg 7041.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c46/sc/s46.4"><num value="46.4">§46.4</num><heading>Movement Restrictions</heading><content>Unless permitted for movement on a VS Form 1-27 by a commission representative, the owner or caretaker of an animal refused export out of this state or entry into another country shall not move the animal or animals in its shipment from the export-import facility if:(1) the animal is refused for a disease or pest concern; or(2) the animal or an animal in the shipment does not meet the commission's applicable testing, entry, inspection, permit, identification, movement, or change of ownership requirements.</content><note type="source"><p>Source Note: The provisions of this §46.4 adopted to be effective October 21, 2021, 46 TexReg 7041.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c46/sc/s46.5"><num value="46.5">§46.5</num><heading>Right of Entry</heading><content>In addition to the enforcement authority authorized by Chapter 161 of the Texas Agriculture Code, a commission employee may enter an export-import facility during normal business hours to examine records, inspect animals, or perform a duty under Chapter 161 or this chapter.</content><note type="source"><p>Source Note: The provisions of this §46.5 adopted to be effective October 21, 2021, 46 TexReg 7041.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c46/sc/s46.6"><num value="46.6">§46.6</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §46.6 adopted to be effective October 21, 2021, 46 TexReg 7041.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c47"><num value="47">CHAPTER 47</num><heading>AUTHORIZED PERSONNEL</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c47/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.1"><num value="47.1">§47.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Accredited veterinarian--A veterinarian approved by USDA under the provisions of Title 9, Part 161, Code of Federal Regulations, to perform specified functions required by cooperative state-federal disease control eradication programs for Category II animals.(2) Authorized personnel--(A) Veterinarians and inspectors employed by the commission;(B) USDA-APHIS, VS veterinary medical officers and animal health technicians;(C) Veterinarians who:(i) are licensed to practice veterinary medicine in Texas; and(ii) are Category II accredited by USDA-APHIS, VS for the State of Texas; and(iii) have satisfactorily completed Texas Animal Health Commission disease control or eradication program training or provide documentation to the executive director that they have satisfactorily completed substantially similar disease control or eradication program training;(D) Veterinarians' technicians and/or employees who have satisfactorily completed the Texas Animal Health Commission disease control or eradication program training or provide documentation to the Executive Director that they have satisfactorily completed substantially similar disease control or eradication program training; and(E) For the Chronic Wasting Disease (CWD) program, individuals who have satisfactorily completed Texas Animal Health Commission CWD disease control or eradication program training or provide documentation to the executive director that they have satisfactorily completed substantially similar CWD disease control or eradication program training.(3) APHIS--The Animal and Plant Health Inspection Service of the United States Department of Agriculture.(4) Commission--The Texas Animal Health Commission.(5) Disease control or eradication program--Any state or federal disease control or eradication program for animals.(6) Executive Director--The Executive Director of the Texas Animal Health Commission or any individual authorized to act for the Executive Director.(7) False sample--An adulterated sample or a sample that was collected from an animal other than the animal indicated on the test document.(8) Issue--The distribution, including electronic transmission, of an official document that has been signed.(9) Official document--Any certificate, form, record, report, chart, tag, band, or other identification, required by the commission or USDA for use by an authorized person performing authorized functions under this chapter. This includes, but is not limited to a certificate of veterinary inspection, vaccination charts and test documents.(10) Sign--For an authorized person to put his or her signature in his or her own hand, or by means of an approved digital signature, on an official document. No official document is signed if:(A) Someone other than the authorized person has signed it on behalf or in the name of the authorized person, regardless of the authority granted them by the authorized person; or(B) If any mechanical device, other than an approved digital signature, has been used to affix the signature.(11) Veterinarian-in-Charge--The veterinary official of APHIS who is assigned by the USDA Administrator to supervise and perform the official work of APHIS in a State or group of States.(12) VS--The Veterinary Services of the United States Department of Agriculture.(13) Veterinarian's technician or employee--An authorized person who works under the supervision of an authorized veterinarian unless specifically exempted under this chapter, or rules of the Texas Board of Veterinary Medical Examiners as provided in 22 TAC Chapter 573, Subchapter B (relating to Supervision of Personnel), to perform certain procedures under general supervision.</content><note type="source"><p>Source Note: The provisions of this §47.1 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.2"><num value="47.2">§47.2</num><heading>Requirements and Application Procedures</heading><content>(a) Authorized Personnel:(1) An individual shall be authorized by the commission to perform certain activities, as designated by the commission, for disease control or eradication programs.(2) An individual shall be authorized by the commission in order to receive, complete and issue official documents.(3) An authorized person shall receive commission approval and certification for each disease control or eradication program the authorized person will perform program activities.(4) Except as provided by subsection (c) of this section, an authorized person shall not perform program activities in disease control or eradication program until the person receives written authorization from the commission.(b) Application for authorized personnel status:(1) An individual shall apply for authorized personnel status by completing an application and submitting it to the commission. In completing the application, the individual shall designate the disease control or eradication program(s) for which the individual will perform program activities.(2) Applicants shall certify, on the application, that the applicant is able to perform all program activities and has received commission training for each disease control or eradication program the individual designates.(3) Application for authorized personnel status shall be made on a form provided by the commission.(4) An authorized person shall notify the commission within 30 days of any change in the information provided as part of the application.(c) Approved personnel requirements and application procedure:(1) An individual with approved personnel status for brucellosis, tuberculosis, trichomoniasis or chronic wasting disease shall apply for authorized personnel status by completing an application and submitting it to the commission.(2) Upon submitting an application for authorized personnel status to the commission, an individual with approved personnel status shall have authorized personnel status for the specific disease control or eradication program(s) for which the person received approved personnel status.(3) The commission shall notify approved personnel of the requirement to submit an application for authorized personnel status.(4) An individual with approved personnel status as of March 1, 2014, may perform program activities in the specific disease control or eradication program for which the individual received approved personnel status until September 1, 2014, or until such time the individual is notified of the requirement to submit an application for authorized personnel status, whichever is later.(5) An individual with approved personnel status shall apply for authorized personnel status, as provided by subsection (b) of this section, for any disease control or eradication program for which the individual has not received approved personnel status.</content><note type="source"><p>Source Note: The provisions of this §47.2 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.3"><num value="47.3">§47.3</num><heading>Duration and Additional Training Requirements</heading><content>(a) Authorized personnel status shall be valid until such time that the authorization is suspended or revoked, contingent upon the authorized person completing all additional training required by the commission.(b) In determining whether additional training shall be required, the Executive Director may consider changes in technology, treatments, procedures and programs.(c) If additional training is required for authorized personnel in a particular disease control or eradication program, the commission will provide notice to affected authorized personnel of the additional training requirement.</content><note type="source"><p>Source Note: The provisions of this §47.3 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.4"><num value="47.4">§47.4</num><heading>Standards for Authorized Personnel</heading><content>This rule sets the minimum standards for personnel who perform certain activities that are part of a disease control or eradication program pursuant to Texas Agriculture Code §161.0417.(1) Authorized personnel shall:(A) Recognize all commission required animal identification systems applicable to the disease control or eradication programs for which the authorized person performs activities;(B) Apply all animal identification for commission required animal identification systems applicable to the disease control or eradication programs for which the authorized person performs activities;(C) Properly complete official documents;(D) Submit official documents to the commission in a timely manner as prescribed by commission or USDA rule;(E) Recognize and report clinical signs and lesions of diseases applicable to the disease control or eradication program for which the authorized person performs activities;(F) Properly collect and ship sample specimens, as prescribed by the commission, to an appropriate laboratory for testing with complete and accurate paperwork;(G) Properly perform testing for the disease control or eradication program for which the authorized person performs activities;(H) Perform official tests, inspections, treatments, and vaccinations and shall submit specimens to designated laboratories as prescribed by the commission;(I) Immediately report to the commission diagnosed or suspected cases of a communicable animal disease for which the commission has a disease control or eradication program;(J) Immediately report to the commission the existence of a disease listed in §45.2 of this title (relating to Duty to Report);(K) Take such measures of sanitation as are necessary to prevent the spread of communicable diseases of animals by the authorized person while performing program activities;(L) Keep him or herself currently informed on state rules governing the movement of animals and on procedures applicable to disease control and eradication programs for which the authorized person performs activities;(M) Secure and properly use all official documents and approved digital signature capabilities used in his or her work and take reasonable care to prevent the misuse thereof; and(N) Immediately report to the commission the loss, theft, or deliberate or accidental misuse of an official document or digital signature used in the authorized person's work.(2) An authorized person shall not issue, or allow to be used, any official document, until, and unless, it has been accurately and fully completed, clearly identifying the animals to which it applies, and showing the dates and results of any inspection, test, vaccination, or treatment the authorized person has conducted and the dates of issuance and expiration of the document.</content><note type="source"><p>Source Note: The provisions of this §47.4 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.5"><num value="47.5">§47.5</num><heading>Recordkeeping</heading><content>(a) An authorized person shall maintain official documents at the authorized person's place of business.(b) Official documents shall be complete and legible.(c) Official documents shall be maintained for a minimum of five years from the original date of the document.(d) The commission may inspect and copy official documents maintained by an authorized person.</content><note type="source"><p>Source Note: The provisions of this §47.5 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.6"><num value="47.6">§47.6</num><heading>Grounds for Suspension or Revocation</heading><content>(a) Automatic termination of authorized personnel status occurs with any one of the following events:(1) the authorized person is separated from employment with the commission or Veterinary Services when such person's authorized personnel status is contingent upon employment with the commission or Veterinary Services;(2) the authorized person is a veterinarian's technician or employee who is separated from employment with an accredited veterinarian;(3) the license of an authorized veterinarian issued by the Texas State Board of Veterinary Medical Examiners is revoked or suspended by that board; or(4) an authorized veterinarian's accreditation is revoked by Veterinary Services.(b) Suspension of an authorized veterinarian's accreditation by Veterinary Services will result in suspension or revocation of authorized personnel status.(c) Suspension or revocation of authorized personnel status may be made upon a determination that one or more of the following violations have occurred:(1) submitting false samples;(2) collecting a sample in an manner that contravenes a commission rule;(3) failing to report test results;(4) distributing vaccine to persons or entities not authorized by the commission;(5) using out of date vaccine;(6) failing to identify animals as required by commission rule;(7) failing to submit official documents within the time prescribed by a commission or USDA rule;(8) falsely reporting that animals have been vaccinated or tested;(9) submitting samples that are adulterated or that have insufficient quantity to conduct confirmation testing;(10) falsifying official documents;(11) performing work in a commission disease control or eradication program for which the person is not authorized to perform program activities;(12) failing to maintain official documents as required by commission rule;(13) failing to pay an obligation owed to the commission;(14) submitting false reimbursement claims for testing or vaccinating;(15) failing to comply with the "Standards for Authorized Personnel" as set forth in §47.4 of this subchapter;(16) failing to comply with a rule promulgated under this chapter relating to standards for authorized personnel; or(17) violating a rule of the commission.</content><note type="source"><p>Source Note: The provisions of this §47.6 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.7"><num value="47.7">§47.7</num><heading>Procedure for Suspension or Revocation</heading><content>(a) Upon completion of the investigation of an alleged violation, the commission shall notify the authorized person by certified mail of the facts or conduct alleged that may warrant commission action regarding the person's authorized personnel status and invite the authorized person to an informal conference.(b) An authorized person shall have 20 days from the date of receipt of the notice to respond to the commission or waive his or her attendance at the informal conference. If an authorized person fails to respond to the commission's notice an informal conference will be scheduled. The authorized person must receive notice of the conference at least seven days prior to the conference. The conference will be held at the Texas Animal Health Commission office in Austin.(c) At the conclusion of the informal conference, the Executive Director shall determine whether a violation occurred and take appropriate action. Such action may include no action, warning, suspension, or revocation. The Executive Director shall notify the authorized person by certified mail of his or her decision within 15 days after the informal conference.(d) If the Executive Director determines that a violation has occurred and that disciplinary action and/or a penalty is warranted, the Executive Director will advise the licensee of the alleged violations and offer the person a settlement in the form of an agreed order that specifies the disciplinary action and/or penalty. A suspension may be in effect for a period of up to one year. An order of suspension shall identify specific conditions or prohibitions relative to the suspension. A revocation may be in effect for a period of up to two years.(e) An authorized person shall have 20 days from the date of the receipt of the decision to submit a written response accepting the settlement offer or requesting a hearing. The administrative hearing for the appeal will be held in Austin, pursuant to Chapter 32 of this title (relating to Hearing and Appeal Procedures).(f) If the authorized person accepts the settlement offer by signing the agreed order, the agreed order will be docketed for commission action at the next regularly scheduled commission meeting.(g) The Executive Director may, upon written notice and pending final determination by the commission, summarily suspend a person's authorized personnel status when it is deemed necessary to protect the safety, health, and interest of the public. The Executive Director shall hold an informal conference within 14 days of the date of the suspension to determine if formal action should be initiated against the authorized person. The authorized person must receive notice of the conference at least 72 hours prior to the conference.</content><note type="source"><p>Source Note: The provisions of this §47.7 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.8"><num value="47.8">§47.8</num><heading>Restoration of Authorized Personnel Status</heading><content>(a) Authorized personnel status will be automatically restored after a period of suspension contingent upon the person complying with all conditions or prohibitions relative to the suspension.(b) Application for authorized status may be made at the expiration of a period of revocation. The applicant must meet all prerequisites for initial authorization.</content><note type="source"><p>Source Note: The provisions of this §47.8 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scA/s47.9"><num value="47.9">§47.9</num><heading>Settlement of Contested Case</heading><content>(a) A contested case settlement is an agreement between the commission and the respondent in a contested case which provides for a resolution different from the sanction originally proposed in the commission's notice.(b) Contested case settlement negotiations may be in person, by phone, or through written communication, at the commission's discretion, as necessary to resolve issues related to a particular contested case.(c) Contested case settlement may incorporate any combination of authorized sanctions, additional training, or remedial actions as an alternative to the originally proposed sanction.(d) All contested case settlements are subject to approval by the Executive Director and the commission. The Executive Director and the commission shall state in writing the reasons for rejecting a proposed settlement.(e) A contested case settlement is final and binding upon a respondent at the time the respondent or respondent's authorized agent signs the settlement agreement, and upon the commission when approved by the commission through a signed order.(f) If a contested case settlement is rejected by the Executive Director or the commission, the contested case will be resolved through additional settlement negotiations consistent with the reasons for the rejection, by stipulation to the commission's originally proposed sanction or combination of sanction, or through a contested case hearing.</content><note type="source"><p>Source Note: The provisions of this §47.9 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c47/scB"><num value="B">SUBCHAPTER B</num><heading>BRUCELLOSIS PROGRAM</heading><section identifier="/us/state/tx/tac/t4/p2/c47/scB/s47.11"><num value="47.11">§47.11</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Calfhood Vaccination--Vaccination of female cattle between four and twelve months of age with an approved Brucella vaccine at the appropriate dosage. (2) Card test permit--A permit issued by USDA-APHIS, VS to an authorized person certifying that card test training has been satisfactorily completed at a state-federal laboratory and that the individual is authorized to conduct the card test according to the requirements and standards for authorized personnel and the brucellosis laws and regulations. (3) Discrepancy--Differing result between the card test performed by an authorized person and the card test performed by the state-federal laboratory. (4) Official eartag--A Veterinary Services approved identification eartag that conforms to the nine-character alphanumeric national uniform eartagging system. It uniquely identifies each individual animal. The term includes the orange-colored eartag series used to identify calfhood vaccinates.</content><note type="source"><p>Source Note: The provisions of this §47.11 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scB/s47.12"><num value="47.12">§47.12</num><heading>General Requirements</heading><content>This regulation sets the standards for personnel who perform work in the brucellosis control program pursuant to the Texas Agriculture Code, §161.0417 and §163.064. Personnel may perform bovine brucellosis work in Texas as follows:(1) Collecting and submitting blood samples. Only authorized personnel may collect and submit blood samples. Authorized personnel and employees of authorized veterinarians may apply official eartags and backtags and record individual identification on the test record.(2) Performing the card test. Only authorized personnel who hold valid card test permits may conduct the card test.(3) Vaccinating.(A) Only authorized personnel may calfhood vaccinate eligible heifers for brucellosis. Authorized personnel employees of authorized veterinarians may affix vaccination eartags and record vaccinations on the vaccination certificate.(B) Only commission veterinarians and inspectors, USDA veterinary medical officers and animal health technicians, and authorized veterinarians may adult vaccinate cattle for brucellosis. Authorized veterinarians who vaccinate adult cattle shall follow commission protocols for adult vaccination.(4) An authorized veterinarian's technician or other employee must work under the direct supervision of an authorized veterinarian while performing brucellosis work as permitted herein except an authorized employee who is only collecting blood samples on animals to be consigned directly from the ranch to slaughter and submitting them to the state/federal laboratory for testing may do so under general supervision. An authorized veterinarian's technician or other authorized employee may operate under the general supervision of an authorized veterinarian and may perform testing for brucellosis at a livestock market. The authorized veterinarian is responsible for assuring that authorized veterinarian's technicians and other employees working under his/her supervision comply with all commission regulations.</content><note type="source"><p>Source Note: The provisions of this §47.12 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scB/s47.13"><num value="47.13">§47.13</num><heading>Requirements for Brucellosis Testing</heading><content>(a) Collecting samples.(1) Individual blood collection devices shall be used for each animal.(2) Each animal shall be individually identified by official eartag or backtag or individual registration tattoo or brand. The individual identification must be recorded on the test record to identify the corresponding blood sample.(3) Tubes containing blood samples will be numbered in sequence. There will be a gap of one or more numbers between the last number assigned to a herd or unit and the first number assigned to the next her or unit.(b) Performing the card test.(1) A clean pipette and stirrer shall be used for each sample tested.(2) Positive and negative check samples will be kept available at all times to check antigen being used.(3) Antigen will be kept refrigerated.(4) Antigen will not be used past the expiration date shown on the bottle.(5) Mechanical rockers will be used to rotate the card. Timers will be used to read results of the card test at four-minute intervals.(6) The card test will be run in an area where the sample is protected from wind and blowing dust.(7) The authorized person who ran the card test will record the results of the card test on the appropriate test document (4-54, 4-33, or Texas Animal Health Commission Certificate of Veterinary Inspection). Actual test results for all cattle tested will be recorded at the time of the test.(c) Market testing.(1) Each animal tested at a livestock market will be identified with an official eartag and official backtag at the time of blood collection. At the time of test, each official eartag and backtag number will be recorded on the 4-54 market test record.(2) The authorized person will not conduct the card test at a livestock market until complete ownership information and backtag identification have been provided by the market.(3) Livestock market card tests will be conducted in a designated area with sufficient lighting.(4) The authorized person interpreting the card test will immediately report all positive test results to the state-federal market inspector by means of the completed 4-54 market test record.(d) Submission of samples.(1) Blood samples may be submitted to a state-federal laboratory without prior field card testing.(2) All blood samples and corresponding test records will be mailed or delivered to a state-federal laboratory within 48 hours after collection. Blood samples may be placed in a mail depository Monday through Saturday. Samples that would normally be mailed on weekends in which a federal holiday is on Friday or Monday shall be refrigerated and mailed the following work day.(3) The number of samples submitted for confirmation testing which are untestable because of adulteration, hemolysis or insufficient serum must not exceed 5.0% of samples submitted during the previous six-month period nor more than 30% in any one submission.(4) There must be no more than three discrepancies in confirmation test results disclosed over a six-month period where the laboratory results are positive for samples that were reported negative by the individual conducting the test.</content><note type="source"><p>Source Note: The provisions of this §47.13 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scB/s47.14"><num value="47.14">§47.14</num><heading>Brucellosis Calfhood Vaccination Requirements</heading><content>(a) Brucellosis vaccine will be refrigerated until administered in accordance with the label directions. Vaccine will not be used beyond the expiration date shown on the bottle.(b) Each calfhood-vaccinated animal must be permanently identified as vaccinates by tattoo and by official vaccination eartag. If the animal is already identified with an official eartag before vaccination, an additional official eartag is not required. Vaccination tattoos must be applied to the right ear. For Brucella abortus strain RB 51 vaccinates the tattoo will include the United States Registered Shield and "V" which will be preceded by a letter "R" and followed by a number corresponding to the last digit of the year in which the vaccination was done. Official vaccination (orange) eartags must be applied to the right ear. Individual animal registration tattoos or individual animal registration brands may be used for identifying animals in place of official eartags if the cattle and/or bison are registered by breed associations recognized by VS. Official calfhood vaccinates are allowed to be re-tattooed by an authorized veterinarian designated by the State Veterinarian, or by a Federal or State representative, provided that:(1) The identification of the vaccinated animal(s) is verified by official records maintained in State or Federal offices;(2) Prior approval for re-tattooing is obtained from the State Veterinarian; and(3) The re-tattooing produces the original tattoo given at the time of vaccination.(c) Vaccinations will be immediately recorded on a properly completed vaccination certificate. Completed vaccination certificates must be submitted to the commission within 14 days following vaccination.</content><note type="source"><p>Source Note: The provisions of this §47.14 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scB/s47.15"><num value="47.15">§47.15</num><heading>Suspension or Revocation of Brucellosis Authorized Personnel Status</heading><content>Suspension or revocation of brucellosis authorized personnel status may be made upon a determination that violations including, but not limited to, the following have occurred:(1) providing card test kits or antigen to persons or entities not authorized by the commission;(2) knowingly performing calfhood vaccination on over-age heifers;(3) failing to identify vaccinated heifers as required by regulation;(4) failing to submit vaccination charts within 14 days following vaccination;(5) failing to submit test documents within seven days following testing;(6) submitting blood samples that are adulterated or hemolyzed or that have insufficient serum to conduct confirmation testing where the number of such samples exceeds 5.0% of samples submitted during the previous six-month period or 30% in any one submission;(7) having more than three discrepancies in confirmation test results over a six-month period;(8) submitting false claims for reimbursement for testing or vaccinating for brucellosis;(9) conducting the card test at a livestock market prior to receiving complete ownership information or backtag identification;(10) a violation listed in §47.6 of this chapter (relating to Grounds for Suspension or Revocation); or(11) violating a rule of the commission.</content><note type="source"><p>Source Note: The provisions of this §47.15 adopted to be effective February 4, 2014, 39 TexReg 486.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c47/scC"><num value="C">SUBCHAPTER C</num><heading>CHRONIC WASTING DISEASE</heading><section identifier="/us/state/tx/tac/t4/p2/c47/scC/s47.21"><num value="47.21">§47.21</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Approved Laboratory--A diagnostic laboratory approved by the Administrator to conduct official tests for CWD in accordance with 9 CFR 55.8.(2) Authorized personnel--For the Chronic Wasting Disease (CWD) program, a person that is certified by the commission as a Certified CWD Postmortem Sample Collector or, for veterinarians, a Certified CWD Veterinarian.(3) Certified CWD Postmortem Sample Collector--An individual who has completed appropriate training recognized by the commission on the collection, preservation, laboratory submission, and proper recordkeeping of samples for postmortem CWD testing, and who has been certified by the commission to perform these activities.(4) Certified CWD Veterinarian--A veterinarian who has authorized personnel status for veterinarians as defined by §47.1 of this title (relating to Definitions), has completed appropriate training recognized by the commission on the collection, preservation, laboratory submission, and proper recordkeeping of samples for antemortem CWD testing, and who has been certified by the commission to perform these activities.(5) Chronic Wasting Disease (CWD)--A transmissible spongiform encephalopathy (TSE) of susceptible species.(6) CWD Susceptible Species--All species in the cervidae family determined to be susceptible to CWD, which means any species that has had a diagnosis of CWD confirmed by means of an official test conducted by a laboratory approved by USDA/APHIS. This includes white-tailed deer (Odocoileus virginianus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus columbianus), North American elk or wapiti (Cervus Canadensis), red deer (Cervus elaphus), Sika deer (Cervus Nippon), moose (Alces alces), and any associated subspecies and hybrids.(7) Sample Identification Number--The number assigned to a CWD sample on the specimen submission form.(8) Specimen Submission Form--USDA-APHIS VS form 10-4, electronic VS form 10-4 or equivalent submission form.</content><note type="source"><p>Source Note: The provisions of this §47.21 adopted to be effective June 30, 2015, 40 TexReg 4209; amended to be effective September 13, 2016, 41 TexReg 7075.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scC/s47.22"><num value="47.22">§47.22</num><heading>General Requirements and Application Procedure</heading><content>(a) This regulation sets the standards for personnel who perform work in the Certified CWD Authorized Personnel program pursuant to the Texas Agriculture Code, §161.0417. Personnel may collect samples for official CWD testing in Texas as follows:(1) Effective September 1, 2015, a person, other than an accredited veterinarian licensed to practice veterinary medicine in Texas, shall be a Certified CWD Postmortem Sample Collector to collect and submit samples for official postmortem CWD testing.(2) Effective October 15, 2016, an individual shall be a Certified CWD Veterinarian to collect and submit samples for antemortem CWD testing.(3) To become a Certified CWD Sample Collector or a Certified CWD Veterinarian, a person must meet the requirements and apply for Certified CWD Authorized Personnel status Collector as prescribed in §47.2 of this title (relating to Requirements and Application Procedures).(4) A person desiring to perform official CWD testing shall participate in a certification program on CWD program requirements and procedures before performing any CWD program functions, including but not limited to review of the disease, proper sample collection techniques, sample preservation and laboratory submission, recordkeeping, and identification of animals.(b) A Certified CWD Postmortem Sample Collector or Certified CWD Veterinarian shall meet the following requirements:(1) Comply with §47.4 of this title (relating to Standards for Authorized Personnel);(2) Comply with §47.5 of this title (relating to Recordkeeping);(3) Submit CWD samples only to approved laboratories; and(4) Follow all instructions as prescribed by the commission for collection of samples, including:(A) collecting the proper samples necessary for CWD detection by an approved laboratory;(B) labeling of specimen collection containers. The side label of a specimen collection container must include the following information:(i) date of collection;(ii) owner name;(iii) name of the Certified CWD Postmortem Sample Collector or Certified CWD Veterinarian;(iv) species, age and sex of animal;(v) type of specimen(s);(vi) herd ID (if applicable), official animal identification number;(vii) sample identification number;(C) packaging specimens to meet Federal transportation guidelines; and(D) fully and accurately completing the specimen submission form, which includes listing the clinical signs of CWD observed in samples collected from CWD susceptible species:(i) date of collection;(ii) owner name, address, and phone number;(iii) name, address, phone number, and email address for the Certified CWD Postmortem Sample Collector or Certified CWD Veterinarian;(iv) species, age, and sex of the animal;(v) type of specimen(s);(vi) herd ID (if applicable), all animal identification devices with a quarter-sized piece of tissue (ear, hide, etc.) attached to each device; and(vii) sample identification number.</content><note type="source"><p>Source Note: The provisions of this §47.22 adopted to be effective June 30, 2015, 40 TexReg 4209; amended to be effective September 13, 2016, 41 TexReg 7075.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scC/s47.23"><num value="47.23">§47.23</num><heading>Duration and Additional Training Requirements</heading><content>(a) Unless otherwise suspended or revoked, Certified CWD Sample Collector status shall be valid for the period of three years from the date of initial certification.(b) Unless otherwise suspended or revoked, Certified CWD Veterinarian status shall be valid for the period of three years from the date of initial certification.(c) Certified CWD Postmortem Sample Collector status or Certified CWD Veterinarian status must be renewed by submitting a renewal application to the commission, paying any applicable fees, and meeting any additional requirements determined by commission rule, 30 days prior to the certificate expiration date.(d) In determining whether additional training shall be required of current Certified CWD Postmortem Sample Collectors or Certified CWD Veterinarians before certificate renewal, the commission may consider changes in technology, treatments, procedures, programs, and the performance or competency of the individual in performing CWD program activities.(e) If the commission requires general training or testing for all CWD authorized personnel, the commission will publish notice at least six months in advance of the certificate renewal date.(f) If the commission requires individual training or testing as a result of the CWD authorized personnel's performance or inability to perform CWD program activities, the commission may give notification and set a time and place for training or testing.</content><note type="source"><p>Source Note: The provisions of this §47.23 adopted to be effective June 30, 2015, 40 TexReg 4209; amended to be effective September 13, 2016, 41 TexReg 7075.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c47/scC/s47.24"><num value="47.24">§47.24</num><heading>Grounds for Suspension or Revocation</heading><content>Suspension or revocation of Certified CWD Postmortem Sample Collector status or Certified CWD Veterinarian status may be made upon a determination that one or more of the following has occurred:(1) Violating one or more of the provisions prescribed in §47.6 of this title (relating to Grounds for Suspension or Revocation);(2) Failing to comply with one or more of the provisions prescribed in §47.4 of this title (relating to Standards for Authorized Personnel);(3) Observing clinical signs or lesions of CWD and failing to immediately report those findings to the commission; or(4) Failing to complete additional training or testing as prescribed in §47.23 of this title (relating to Duration and Additional Training Requirements).</content><note type="source"><p>Source Note: The provisions of this §47.24 adopted to be effective June 30, 2015, 40 TexReg 4209; amended to be effective September 13, 2016, 41 TexReg 7075.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c49"><num value="49">CHAPTER 49</num><heading>EQUINE</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c49/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.1"><num value="49.1">§49.1</num><heading>Equine Infectious Anemia (EIA): Identification and Handling of Infected Equine</heading><content>(a) Official Test. The agar gel immunodiffusion (AGID) test, also known as the Coggins test, the Competitive Enzyme-Linked Immunosorbent Assay (CELISA) test, and other USDA licensed tests approved by the commission, are the official tests for equine infectious anemia (EIA) in horses, asses, mules, ponies, zebras and any other equine in Texas.(b) Authorization to conduct test. Only United States Department of Agriculture (USDA) approved laboratories, including USDA approved off-site laboratories, are allowed to run the AGID and CELISA or other USDA licensed tests and all tests will be official. Only test samples from accredited veterinarians or other TAHC authorized personnel accompanied by a completed VS Form 10-11 can be accepted for official testing.(c) Official Identification of Equine Tested for EIA. All official blood tests must be accompanied by a completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test) listing the description of the equine to include the following: age, breed, color, sex, animal's name, and all distinctive markings (i.e., color patterns, brands, tattoos, scars, or blemishes) and unique and permanent forms of identification, such as electronic identification that complies with ISO 11784/11785; or non-ISO electronic identification injected in the equine on or before March 11, 2014; or digital photographs sufficient to identify the individual equine. In the absence of any distinctive color markings or any form of visible permanent identification (brands, tattoos or scars), the animal must be identified by indicating the location of all hair whorls, vortices or cowlicks with an "X" on the illustration provided on the VS Form 10-11. It must list owner's name, address, the animal's home premise and county, the name and address of the authorized individual collecting the test sample, and laboratory and individual conducting the test. The EIA test document shall list one horse only.(d) Reactor. A reactor is any equine which discloses a positive reaction to the official test. The individual collecting the test sample must notify the animal's owner of the quarantine within 48 hours after receiving the results.(e) Retest of reactors. Equine which have been disclosed as reactors may be retested prior to branding provided:(1) owners or their agents initiate a request to the TAHC Area Director of the area where the horse is located;(2) retests are conducted within 30 days after the date of the original test;(3) blood samples for retests are collected by the person who collected the sample for the first test or by TAHC personnel, and the blood samples are submitted to the Texas Veterinary Medical Diagnostic Laboratory (TVMDL) for testing;(4) the individual collecting the retest sample is provided documentation that the animal being retested is the same as the one shown positive on the initial test and can verify the retested equine as being the same as shown on the original test document; and(5) the positive animal is held under quarantine along with all other equine on the premise.(f) Official identification of reactors. A reactor to the official test must be permanently identified using the National Uniform Tag Code number assigned by the USDA to the state in which the reactor was tested followed by the letter "A" (the code for Texas is 74A). The reactor identification must be permanently applied by a representative of the Texas Animal Health Commission who must use for the purpose of identification, a hot-iron brand or freeze-marking brand. The brand must be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. Reactors must be branded within ten days of the date the laboratory completes the test unless the equine is destroyed. Any equine destroyed prior to branding must be described in a written statement by the accredited veterinarian or other authorized personnel certifying to the destruction. This certification must be submitted to the Texas Animal Health Commission promptly.(g) Quarantine. Any equine animal found to be a reactor to the official test will be quarantined by a representative of the Texas Animal Health Commission to the premises of its home, farm, ranch or stable until natural death, disposition by euthanasia, slaughter, or disposition to a Texas Animal Health Commission approved, diagnostic or research facility. The quarantine shall restrict the infected equine, all other equine on the premise, and all equine epidemiologically determined to have been exposed to an EIA-positive animal to isolation at least 200 yards away from equine on adjacent premises.(h) Movement of Reactors and Exposed Equine.(1) Reactor equine. Following official identification, a reactor must be accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or other authorized state or federal personnel when moved from its home premises either:(A) Directly to a slaughter plant, slaughter-only market, or slaughter-only buying facility; or(B) Directly to an approved diagnostic or research facility; or(C) Directly to a livestock market to be sold for slaughter, provided that within 24 hours prior to entry, the equine is inspected by a TAHC veterinarian or a Texas USDA-accredited veterinarian to ensure the equine displays no clinical signs of EIA and has a normal temperature. The auction market must isolate the positive equine from other equine, pen the positive equine under a roof, and hold the positive equine on the premise for no longer than 24 hours.(2) Exposed equine. Exposed equine must be identified with an "S" brand placed on the left shoulder or left side of the neck, and be accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or other authorized state or federal personnel when moved either:(A) Directly to a livestock market for sale directly to slaughter provided the exposed equine is quarantined at the market in isolation from other horses; or(B) Directly to a slaughter plant, slaughter-only market, or slaughter-only buying facility; or(C) Directly to an approved diagnostic or research facility.(i) Requirements for testing equine on quarantined premises. All equine determined to have been on the same premise with an EIA-positive horse at the time the positive horse was bled shall be tested by an accredited veterinarian at owner's expense or by Commission personnel. Nursing foals are exempt from testing.(j) Requirements for Testing Exposed Equine and High Risk Herds.(1) Exposed equine. All equine epidemiologically determined to have been exposed to an EIA-positive animal shall be quarantined and tested by an Accredited Veterinarian at owner's expense or by Commission personnel. Nursing foals are exempt from testing.(2) Whole herd testing. All equine except nursing foals that are part of a herd from which a reactor has been classified shall be tested by an Accredited Veterinarian at owner's expense or by Commission personnel. A herd is:(A) All equine under common ownership or supervision that are on one premise; or(B) All equine under common ownership or supervision on two or more premises that are geographically separated, but on which the equine have been interchanged or where there has been contact among the equine on the different premises. Contact between equine on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises; or(C) All equine on common premises, such as community pastures or grazing association units, but owned by different persons. Other equine owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiologic investigation establishes that equine from the affected herd have not had the opportunity for direct or indirect contact with equine from that specific premise.(3) High Risk Testing. Herds determined to be at high risk shall be tested by an accredited veterinarian at owner's expense or by commission personnel. High risk herds are those epidemiologically judged by a State-Federal veterinarian to have a high probability of having or developing equine infectious anemia. A high risk herd need not be located on the same premise as an infected or adjacent herd.(k) Release of EIA quarantine. The EIA quarantine may be released by the Texas Animal Health Commission after all quarantined equine test negative at least 60 days following identification and removal of the last EIA-positive equine as set out in subsections (f) and (h) of this section. Epidemiological data may be considered in the release of the quarantine.(l) Requirements for Change of Ownership. A negative EIA test within the previous 12 months is required for all equine, except zebras, which are eight months of age or older, changing ownership in Texas, except, if the animal is:(1) sold to slaughter, to be tested at the slaughter facility at Commission expense; or(2) a nursing foal that is transferred with its dam and the dam has tested negative for equine infectious anemia during the 12 months preceding the date of the transfer.(m) Any equine sold, through a market, which has not had a negative EIA test in the twelve months preceding the date of sale must be permitted for movement, by an accredited veterinarian or other authorized state or federal personnel, to slaughter. The permit shall be signed by the consignor and contain information regarding either permanent identification (i.e. branding, tagging or other means acceptable to the commission) of the equine or by the number on a red collar, issued by the commission, to be verified at the slaughter plant, slaughter-only market, or slaughter-only buying facility. These equine shall arrive at the slaughter facility no later than ten days from the date of the issuance of the permit.(n) Equine animals stabled, boarded or pastured within 200 yards of equine belonging to another person shall be considered to be a congregation point. All equine must have a negative EIA test within the last twelve months.(o) Equine that participate in any assembly are required to have a current proof of a negative EIA test within the last 12 months. An assembly includes, but is not limited to, parades, rodeos, roping events, and trail rides. Sponsors of an assembly of equine are required to implement a procedure for review of records on each participating equine to confirm proof of a negative EIA test status within the previous 12 months prior to allowing entry of the equine into facilities or locations where the animals will be commingled. Procedures other than confirmation of proof of EIA test negative status by the event sponsor(s) at the time of arrival at the event shall be submitted to the Executive Director for consideration at least 30 days prior to the event. A decision regarding a proposed procedure will be provided to the sponsor within 10 days of receipt by the Executive Director.(p) Equine that are in boarding stables, boarding pastures, breeding farms, and training stables are required to have a current proof of a negative EIA test within the last 12 months.(q) Equine that utilize or ride on publicly accessible equestrian trails, and public lands open to equestrian riding, where a congregation of equine can occur, are required to have a current proof of a negative EIA test within the last 12 months.(r) Equine entering a pari-mutuel track must have a negative EIA test within the past 12 months and a Certificate of Veterinary Inspection.</content><note type="source"><p>Source Note: The provisions of this §49.1 adopted to be effective February 27, 1977, 2 TexReg 620; amended October 1, 1985, 10 TexReg 3554; amended to be effective July 1, 1987, 12 TexReg 1866; amended to be effective May 5, 1988, 13 TexReg 1910; amended to be effective September 20, 1989, 14 TexReg 4471; amended to be effective August 19, 1991, 16 TexReg 4153; amended to be effective June 10, 1994, 19 TexReg 3462; amended to be effective October 24, 1994, 19 TexReg 7522; amended to be effective January 1, 1997, 21 TexReg 5687; amended to be effective July 1, 1997, 22 TexReg 6263; amended to be effective May 24, 1998, 23 TexReg 4903; amended to be effectiveOctober 17, 1999, 24 TexReg 8736; amended to be effective June 11, 2000, 25 TexReg 5329; amended to be effective April 1, 2002, 27 TexReg 1694; amended to be effective June 23, 2002, 27 TexReg 5179; amended to be effective June 26, 2005, 30 TexReg 3567; amended to be effective October 6, 2019, 44 TexReg 5613.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.2"><num value="49.2">§49.2</num><heading>Interstate Movement Requirements</heading><content>The entry requirements are located in Chapter 51, §51.13 of this title (relating to Equine).</content><note type="source"><p>Source Note: The provisions of this §49.2 adopted to be effective June 23, 2002, 27 TexReg 5180.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.3"><num value="49.3">§49.3</num><heading>Requirements for Dealer Recordkeeping</heading><content>(a) A dealer is defined as a person engaged in the business of buying or selling animals in commerce:(1) On the person's own account;(2) As an employee or agent of the vendor, the purchaser, or both; or(3) On a commission basis.(b) A dealer as defined in subsection (a) of this section does not include a person who buys or sells animals as part of the person's bona fide breeding, feeding or stocker operations, but does include livestock markets and commission merchants.(c) Any dealer must maintain records of equine purchased and sold. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color and color markings, registration number, if any, and any individual identification such as tattoo, brand, or microchip number. Records at auctions and commission firms shall show the delivery vehicle license number. All dealer records must be maintained for a minimum of two years after the date of the transaction.(d) Slaughter buyers. A slaughter buyer is someone who buys an equine on their own account, as an employee or agent of a slaughter facility, or on a commission basis for the purpose of being slaughtered. A slaughter buyer must maintain records required under subsection (c) of this section, which includes the VS Form 1-27 permit number and the name of the person who issued it.</content><note type="source"><p>Source Note: The provisions of this §49.3 adopted to be effective January 1, 1997, 21 TexReg 5687; amended to be effective June 11, 2000, 25 TexReg 5329.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.4"><num value="49.4">§49.4</num><heading>Equine Viral Arteritis (EVA): Reporting and Handling of Infected Equine</heading><content>(a) EVA classification for reporting purposes:(1) Carrier Stallion. A stallion that has been determined through virus isolation, positive PCR tests on semen, breeding to naive mares or any combination of procedures to shed EVA virus in semen.(2) EVA caused abortion. An abortion in mares which has been determined to have been caused by EVA virus through a combination of clinical symptoms and laboratory procedures, including virus isolation or positive PCR tests on fetal tissues or placenta.(3) EVA respiratory disease. A respiratory disease determined to have been caused by EVA virus through a combination of clinical history, clinical symptoms and laboratory results, including positive PCR test results on naso-pharyngeal or conjunctival swabs, or whole blood; virus isolation; or four-fold increase in serological titers on blood samples collected 14 to 21 days apart.(b) The owners, managers or caretakers of Equine Viral Arteritis (EVA) carrier stallions shall provide written notification, to owners of mares that are to be bred to the EVA carrier stallion, either by live cover or artificial insemination, that the stallion is a EVA carrier and that the mare could become infected with EVA through breeding to the carrier stallion.(c) The Executive Director may restrict movement of equine epidemiologically deemed to be a high risk for the spread of EVA.</content><note type="source"><p>Source Note: The provisions of this §49.4 adopted to be effective October 14, 2007, 32 TexReg 7042.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.5"><num value="49.5">§49.5</num><heading>Piroplasmosis: Testing, Identification of Infected Equine</heading><content>(a) Official Test. A complement fixation test (CFT) or competitive enzyme linked immunosorbent assay (cELISA) are the official tests for equine piroplasmosis.(b) Authorization to conduct test. Only a test applied and reported by a laboratory approved by the commission will be considered an official test. Only samples collected by or under the direct supervision of an authorized veterinarian accompanied by a completed Equine Piroplasmosis Laboratory Test chart (form 10-07) will be accepted for official testing.(c) Reactor. A reactor is any equine which discloses a positive reaction to the official test. The individual collecting the test sample must notify the equine's owner of the quarantine within 48 hours after receiving the results. Movement of all piroplasmosis positive equine and all equine epidemiologically determined to have been exposed to a piroplasmosis positive equine will be restricted. Retests of a reactor may only be performed by a representative of the commission.(d) Official identification of reactors.(1) A reactor must be identified with an implanted radio frequency microchip identification device that provides unique identification for each individual equine and complies with ISO 11784/11785 and one of the following methods as determined by the commission:(A) The reactor may be identified with a branded letter "P" applied as a hot-iron brand, freeze-marking brand, hoof brand, or as approved by the commission. For a freeze or hot-iron brand, the "P" brand must be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. For a hoof brand, the "P" brand must be applied to the front left hoof and reapplied as necessary to maintain visibility;(B) Using an identification device or a unique tattoo, approved by the commission, that provides unique identification for each individual equine; or(C) Using digital photographs sufficient to identify the individual equine.(2) Reactors must be identified by an authorized veterinarian or representative of the commission within 10 days of the date the laboratory completes the test unless the equine is destroyed. Any equine destroyed prior to identification must be described in a written statement by the authorized veterinarian or other authorized personnel certifying to the destruction. This certification must be submitted to the commission within 10 days of the date the equine is destroyed.(e) Equine entering a racetrack facility, with the exception of thoroughbred horses, must have a negative Piroplasmosis test within the past 12 months. A racetrack facility is grounds used to conduct live horse racing events and is not limited to facilities licensed by the Texas Racing Commission.</content><note type="source"><p>Source Note: The provisions of this §49.5 adopted to be effective July 13, 2010, 35 TexReg 6062; amended to be effective June 23, 2011, 36 TexReg 3711; amended to be effective June 3, 2014, 39 TexReg 4238; amended to be effective February 19, 2015, 40 TexReg 698; amended to be effective May 26, 2024, 49 TexReg 3525.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.6"><num value="49.6">§49.6</num><heading>Piroplasmosis: Area or County Test</heading><content>(a) Definitions:(1) High risk area or county--An area or county that is epidemiologically judged to have a high probability for equine having or developing Equine Piroplasmosis.(2) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of its Piroplasmosis disease status.(3) Individual herd test plan--A written plan developed between the Commission and the owner for testing one or more equine for Piroplasmosis, and the management of any positive or exposed equine.(b) Order to Test Equine in a High Risk County or Area for Piroplasmosis. The Executive Director of the Commission may issue an order for equine to be tested in a high risk area or county based on sound epidemiological principles for disease detection, control, and eradication. The epidemiological criteria used for designating an area or county as high risk may include the presence of disease vectors (ticks), multiple positive animals in the area, and common husbandry and animal use practices that could lead to disease exposure.(c) The order shall contain the following elements:(1) The epidemiological criteria for which the order is being issued.(2) A description of the area or county determined to be high risk that enables a person to identify the area and determine if a premise(s) is included in the area.(3) A statement that movement of equine is prohibited, if the Executive Director determines the threat of disease spread warrants such action.(4) Any exceptions, terms, conditions, or provisions prescribed under this chapter must be stated in the order.(5) State the class of persons authorized by the Commission or the Executive Director to issue certificates or permits permitting movement.(6) Any authorized movement certificate or permit must be issued in conformity with the requirements stated in the quarantine notice:(A) The Executive Director may provide for a written certificate or written permit authorizing the movement of equine from locations where the equine have been restricted.(B) The certificate or permit must be issued by a veterinarian or other person authorized by the Commission to issue a certificate or permit.(d) If the order prohibits the movement of any equine until tested negative for the disease, the Executive Director may prescribe:(1) any exceptions;(2) terms;(3) conditions; or(4) provisions that the Executive Director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the equine without endangering those objectives or the health and safety of other equine.(e) Testing Procedures:(1) All equine located or maintained in an area shall be presented for testing. An individual herd test plan will be developed if a test date is not established within a reasonable time as determined by the Executive Director.(2) All equine to be added to the herd shall be tested prior to commingling with the herd.(3) All stray equine found in the area shall be presented for testing by the caretaker of the property where located.(4) Equine identified as positive shall be removed in accordance with §49.5 of this chapter (relating to Piroplasmosis: Testing, Identification of Infected Equine).(f) Publication of Notice. The Executive Director shall give notice of the order:(1) by publishing notice in a newspaper published in the county in which the quarantine is established; or(2) by delivering a written notice to the owner or caretaker of the animals or places to be quarantined.(g) Procedure to Protest the Individual Herd Test Plan. A person may protest an initial test or a herd plan for testing their equine for Piroplasmosis after consultation with the state or federal veterinarian assigned to the testing:(1) To protest, the herd owner must request a meeting, in writing, with the Executive Director of the Commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which:(A) the meeting will be set by the Executive Director no later than 21 days from receipt of the request for a meeting;(B) the meeting or meetings shall be held in Austin; and(C) the Executive Director shall render his decision in writing within 14 days from date of the meeting.(2) Upon receipt of a decision or order by the Executive Director which the herd owner wishes to appeal, the herd owner may file an appeal within 15 days in writing with the chairman of the commission and set forth a short, plain statement of the issues that shall be the subject of the appeal.(3) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act, and Chapter 32 of this title (relating to Hearing and Appeal Procedures).(4) If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the Executive Director may shorten the time limits, as set out in paragraph (1)(A) and (B) of this subsection, to not less than five days. The herd owner must be provided with written notice of any time limits so shortened.</content><note type="source"><p>Source Note: The provisions of this §49.6 adopted to be effective October 10, 2012, 37 TexReg 8015.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c49/sc/s49.7"><num value="49.7">§49.7</num><heading>Persons or Laboratories Performing Equine Infectious Anemia Tests</heading><content>A person or laboratory who performs an official equine infectious anemia test in the State of Texas must meet and be in compliance with the requirements found in Title 9 Code of Federal Regulations §71.22, which is entitled "Approval of laboratories to conduct official testing."</content><note type="source"><p>Source Note: The provisions of this §49.7 adopted to be effective March 8, 2016, 41 TexReg 1671; amended to be effective May 26, 2024, 49 TexReg 3525.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c50"><num value="50">CHAPTER 50</num><heading>ANIMAL DISEASE TRACEABILITY</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c50/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c50/sc/s50.1"><num value="50.1">§50.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Animal identification number (AIN)--A numbering system for the official identification of individual animals that provides a nationally unique identification number for each animal. Only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015.(2) Approved livestock facility--A stockyard, livestock market, buying station, concentration point or any other premises, under State or Federal veterinary inspection, where livestock are assembled and that has been approved by the Texas Animal Health Commission.(3) Approved tagging site--A premises, authorized by the Texas Animal Health Commission, where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the premises.</content><note type="source"><p>Source Note: The provisions of this §50.1 adopted to be effective October 7, 2013, 38 TexReg 6913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c50/sc/s50.2"><num value="50.2">§50.2</num><heading>Approved Tagging Site</heading><content>(a) In order to be approved as a tagging site the person responsible for the tagging site must agree to administer the tagging of livestock at their location in accordance with the following requirements:(1) Obtain official identification eartags only as directed by the commission.(2) Unload animals requiring official identification only when the owner or the person in possession, care, or control of the animals agrees to have the animals officially identified in accordance with approved tagging site protocols.(b) Requirements for officially identifying animals:(1) Officially identify animals required to be identified before commingling with animals from different premises, or use a backtag or other method to accurately maintain the animal's identity until the official eartag is applied. The official identification can then be correlated to the person responsible for shipping the animal.(2) Apply only official eartags to animals not already officially identified.(3) Do not remove official identification devices unless authorized by commission personnel.(c) Maintain tagging records using forms or electronic systems as directed by animal health officials to include at a minimum:(1) The name, street address, city, state, and zip code of the owner or person responsible for the animals tagged.(2) The official identification numbers of the tags applied associated with the owner or person responsible for the animals.(3) The date the official identification eartags were applied.(d) Provide the records to the commission if requested.(e) Ensure the security of official eartags and distribution records by:(1) Maintaining a record of all official identification eartags received, distributed, and applied at the tagging site for a minimum of five years.(2) Keeping the inventory of tags and records in a secure place accessible only to tagging site personnel.(3) Immediately reporting any lost or stolen tags to the commission.</content><note type="source"><p>Source Note: The provisions of this §50.2 adopted to be effective October 7, 2013, 38 TexReg 6913.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c50/sc/s50.3"><num value="50.3">§50.3</num><heading>Cattle Identification</heading><content>(a) Change of ownership within Texas. All cattle that are parturient or post parturient or 18 months of age and older, except steers and spayed heifers changing ownership within Texas, shall be officially identified with an official eartag or other form of official permanent identification as approved by the commission within seven days of the change of ownership.(b) Cattle that are sold or consigned to move to a state or federally approved slaughter establishment within seven days of the change of ownership, where they are harvested within three days of arrival at the establishment, are exempt from the requirement of subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §50.3 adopted to be effective February 4, 2014, 39 TexReg 488.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c51"><num value="51">CHAPTER 51</num><heading>ENTRY REQUIREMENTS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c51/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.1"><num value="51.1">§51.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Accredited veterinarian--A licensed veterinarian who is approved to perform specified functions required by cooperative state-federal disease control and eradication programs pursuant to Title 9 of the Code of Federal Regulations, Parts 160 and 161.(2) Animal--Includes livestock, exotic livestock, domestic fowl, and exotic fowl.(3) Assembly--Boarding stables, boarding pastures, breeding farms, parades, rodeos, roping events, trail rides, and training stables.(4) Certificate of veterinary inspection--A document signed by an accredited veterinarian that shows the livestock, poultry, exotic livestock, or exotic fowl listed were inspected and subjected to tests, immunizations, and treatment as required by the commission. Certificates are valid for 30 days for all species.(5) Cervidae--Deer, elk, moose, caribou and related species in the cervidae family, raised under confinement or agricultural conditions for the production of meat or other agricultural products or for sport or exhibition, and free-ranging cervidae when they are captured for any purpose.(6) Commission--The Texas Animal Health Commission.(7) Commuter Flock--A National Poultry Improvement Plan (pullorum-typhoid clean or equivalent) flock in good standing with operations in participating states that are under single ownership or management control whose normal operations require interstate movement of hatching eggs and/or baby poultry without change of ownership for purposes of hatching, feeding, rearing or breeding. The owner or representative of the company owning the flock and chief animal health officials of participating states of origin and destination must have entered into a signed "Commuter Poultry Flock Agreement."(8) Commuter Cattle Herd--A herd of cattle located in two or more states that is documented as a valid ranching operation by those states in which the herd is located and which requires movement of cattle interstate from a farm of origin or returned interstate to a farm of origin in the course of normal ranching operations, without change of ownership, directly to or from another premise owned, leased, or rented by the same individual. An application for "commuter herd" status must be signed by the owner and approved by the states in which the herd is located. This status will continue until canceled by the owner or one of the signatory states.(9) Commuter Swine Herd--A swine herd located in two or more states that is documented as a valid ranching operation by those states in which the herd is located and which requires movement of swine interstate from a farm of origin or returned interstate to a farm of origin in the course of normal ranching operations, without change of ownership, directly to or from another premise owned, leased, or rented by the same individual. An application for "commuter herd" status must be signed by the owner and approved by the states in which the herd is located. This status will continue until canceled by the owner or one of the signatory states.(10) Directly--Moved in a means of conveyance, without stopping to unload while en route, except for stops of less than 24 hours to feed, water or rest the animals being moved, and with no commingling of animals at such stops.(11) Equine interstate passport--A document signed by an accredited veterinarian that shows the equine listed were inspected, subjected to tests, immunizations and treatment as required by the issuing state animal health agency, and contains a description of the equine listed. The passport is valid for six months when accompanied by proof of an official negative EIA test within the previous six months. Permanent individual animal identification in the form of a lip tattoo, brand or electronic implant is required for all equine approved for the equine interstate passport. This document is valid for equine entering from any state that has entered into a written agreement to reciprocate with Texas.(12) Equine identification card--A document signed by the owner and a brand inspector or authorized state animal regulatory agency representative that lists the animal's name and description and indicates the location of all identifying marks or brands. This document is valid for equine entering from any state which has entered into a written agreement to reciprocate with Texas.(13) Exotic livestock--Grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families.(14) Exotic fowl--Any avian species that is not indigenous to this state. The term includes ratites.(15) Federally Approved Livestock Market--A livestock market under State or Federal veterinary supervision where livestock are assembled and has been approved under Title 9 of the Code of Federal Regulation, Part 71, Section 71.20.(16) Livestock--Cattle, horses, mules, asses, sheep, goats, and hogs.(17) Official Identification--The identification of livestock and fowl by means of an official identification device, official eartag, registration tattoo, or registration brand, or any other method approved by the Commission and/or Administrator of the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) that provides unique identification for each animal.(18) Owner-shipper statement--A statement signed by the owner or shipper of the livestock being moved stating the location from which the animals are moved interstate; the destination of the animals; the number of the animals covered by the statement; the species of the animal covered; the name and address of the shipper; and the identification of each animal as required by the commission or the United States Department of Agriculture (USDA).(19) Permit--A document recognized by the commission with specified conditions relative to movement, testing and vaccinating of animals which is required to accompany the animals entering, leaving or moving within the State of Texas.(A) "E" permit--Premovement authorization for entry of animals into the state by the commission. The "E" permit states the conditions under which movement may be made, and will provide any appropriate restrictions and test requirements after arrival. The permit is valid for 15 days.(B) VS 1-27 (VS Form 1-27)--A premovement authorization for movement of animals to restricted designations.(20) Purebred registry association--A swine breed association formed and perpetuated for the maintenance of records of purebreeding of swine species for a specific breed whose characteristics are set forth in constitutions, by-laws, and other rules of the association.(21) Radio Frequency Identification Device (RFID)--Official individual animal identification with an identification device that utilizes radio frequency technology. The RFID devices include ear tags, boluses, implants (injected), and tag attachments (transponders that work in concert with ear tags).(22) Sponsor--An owner or person in charge of an exhibition, show or fair.(23) Trichomoniasis--A venereal disease of cattle caused by the organism Tritrichomonas foetus.</content><note type="source"><p>Source Note: The provisions of this §51.1 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective November 3, 2002, 27 TexReg 10009; amended to be effective October 16, 2003, 28 TexReg 8885; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective June 3, 2014, 39 TexReg 4240; amended to be effective February 15, 2015, 40 TexReg 698; amended to be effective June 30, 2015, 40 TexReg 4211; amended to be effective September 12, 2017, 42 TexReg 4614; amended to be effective May 29, 2025, 50 TexReg 3115.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.2"><num value="51.2">§51.2</num><heading>General Requirements</heading><content>(a) Entry permit requirements.(1) All animals entering Texas from any state, territory, or foreign country shall have an entry permit unless excepted by this chapter.(2) Entry permit requests shall be directed to the commission by either writing to Texas Animal Health Commission, c/o Permits, P.O. Box 12966, Austin, Texas 78711-2966; or by telephoning (512) 719-0777 or 1-800-550-8242. In order to obtain a valid permit, the permit requester must provide the commission information necessary to determine that the animals comply with applicable entry requirements, the destination of the animals, and contact information for the requester.(3) The entry permit number shall be written on a valid certificate of veterinary inspection by the issuing accredited veterinarian and the certificate must accompany the shipment. If a certificate of veterinary inspection is excepted by §51.3 of this chapter (relating to Exceptions), then the permit number shall be written or affixed onto the appropriate documents accompanying the shipment. The permit is valid for 15 days after issuance.(b) Certificate of veterinary inspection.(1) All animals entering Texas from any state, territory, or foreign country shall have a certificate of veterinary inspection unless excepted by this chapter.(2) The certificate of veterinary inspection shall state that:(A) the veterinarian found the animals to be free of symptoms or evidence of communicable or infectious diseases;(B) the animals were subjected to tests, immunizations, and treatment required by rule of the commission. Animals that have been vaccinated or tested for any disease as required by the commission shall be individually officially identified on the certificate of veterinary inspection; and(C) additional language may be required for a specific species or disease as provided in this chapter.(3) A certificate of veterinary inspection is valid for 30 days after issuance.</content><note type="source"><p>Source Note: The provisions of this §51.2 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective June 30, 2015, 40 TexReg 4211; amended to be effective May 17, 2023, 48 TexReg 2481.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.3"><num value="51.3">§51.3</num><heading>Exceptions</heading><content>(a) Exceptions for a certificate of veterinary inspection and entry permit.(1) Cattle 18 months of age and over delivered directly from the farm of origin to slaughter;(2) Beef breed cattle 18 months of age and over entering from other than a farm-of-origin may be moved to slaughter, or to an approved feedyard when accompanied by a VS 1-27 Form on which each animal is individually identified. Brucellosis test data shall be written on the VS 1-27 Form which must include the test date and results;(3) Beef breed cattle 18 months of age and over delivered directly to a USDA specifically approved livestock market by the owner or consigned there and accompanied by an owner-shipper statement;(4) Beef breed steers, spayed heifers, beef breed cattle under 18 months of age, delivered to slaughter and accompanied by an owner-shipper statement or to a livestock market by the owner or consigned there and accompanied by an owner-shipper statement;(5) Beef breed steers, spayed heifers and beef breed cattle under 18 months of age delivered to a feedlot for feeding for slaughter by the owner or consigned there and accompanied by an owner-shipper statement;(6) Swine and poultry delivered to slaughter by the owner or consigned there and accompanied by an owner-shipper statement;(7) Baby poultry which have not been fed or watered if from a national poultry improvement plan (NPIP) or equivalent hatchery, and accompanied by NPIP Form 9-3 or Animal and Plant Health Inspection Service (APHIS) Form 17-6, or have an approved "Commuter Poultry Flock Agreement" on file with the state of origin and the commission;(8) Beef breed steers, spayed heifers, and beef breed cattle under 18 months of age originating in New Mexico which are accompanied by a New Mexico official certificate of livestock inspection;(9) Feral Swine being shipped directly to slaughter. Feral swine shall be shipped in a sealed vehicle accompanied by a 1-27 permit with the seal number noted on the permit also providing the number of head on the permit;(10) Equine when accompanied by a valid equine interstate passport or equine identification card and a completed VS Form 10-11 showing negative results to an official EIA test within the previous six months; and(11) Swine consigned from an out-of-state premise of origin and originate from a Validated and Qualified Herd to a Texas livestock market specifically approved under Title 9, Code of Federal Regulations §71.20.(b) Exceptions for a certificate of veterinary inspection.(1) Equine may enter Texas when consigned directly to a veterinary hospital or clinic for treatment or for usual veterinary procedures when accompanied by a permit number issued by the commission. Following release by the veterinarian, equine must be returned immediately to the state of origin by the most direct route. Equine entering Texas for sale at a livestock market, may first be consigned directly to a veterinary hospital or clinic for issuance of the certificate of veterinary inspection, when accompanied by a prior entry permit issued by the commission.(2) Dairy cattle 10 days of age or less are exempt from the certificate of veterinary inspection requirement if the following are met:(A) the out-of-state premises of origin and the Texas premises of destination execute a Modified Movement Agreement with the Executive Director and the out-of-state animal health official; and(B) the cattle are moved directly from the out-of-state premises of origin to the Texas premises of destination in compliance with the Modified Movement Agreement. The Modified Movement Agreement includes identification, recordkeeping, reporting, inspection, testing and other requirements as epidemiologically determined by the Executive Director.(c) Exceptions for an entry permit.(1) Swine that originate from an approved Swine Commuter Herd or that originate from a Pseudorabies Stage IV or V state or area and Brucellosis free state or area and are not vaccinated for pseudorabies;(2) Poultry that originate from an approved Poultry Commuter Flock;(3) Cattle that originate from an approved Cattle Commuter Herd;(4) Equine accompanied by a valid equine interstate passport or equine ID card and a completed VS Form 10-11 showing negative results to an official EIA test within the previous six months;(5) Sheep and goats consigned from out-of-state and originating from Consistent States (having an active scrapie surveillance and control program); and(6) Exotic fowl from out of state, except ratites.</content><note type="source"><p>Source Note: The provisions of this §51.3 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective October 16, 2003, 28 TexReg 8885; amended to be effective March 16, 2004, 29 TexReg 2627; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective January 1, 2006, 30 TexReg 8681; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective October 14, 2007, 32 TexReg 7043; amended to be effective August 25, 2008, 33 TexReg 6795; amended to be effective June 23, 2011, 36 TexReg 3712; amended to be effective July 2, 2012, 37 TexReg 4864; amended to be effective June 3, 2014, 39 TexReg 4240; amended to be effective September 4, 2022, 47 TexReg 5325.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.4"><num value="51.4">§51.4</num><heading>Shows, Fairs and Exhibitions</heading><content>(a) Sponsor Recordkeeping(1) A sponsor must maintain the following records for each animal entered into a show, fair, or exhibition:(A) owner's name and contact information, including address;(B) county of origin;(C) a description of the animal including sex, age, and breed, and, if applicable, official identification, validation information, tag numbers, tattoos, brands, and registration;(D) information regarding the stall or pen that the animal was kept during the event, if applicable; and(E) the buyer's name and contact information, including address, if the animal is sold at the show, fair, or exhibition. (2) A sponsor must maintain records for one year after the date of the event.(3) The sponsor must provide the records to Commission personnel upon request.(b) Requirements for out-of-state origin animals.(1) Cattle(A) Certificate of Veterinary Inspection. All out-of-state origin cattle must have a valid Certificate of Veterinary Inspection (CVI).(B) Official Identification. All out-of-state origin cattle of any age must be identified using official identification regardless of age or breed.(C) Permit Requirements. Out-of-state origin cattle must meet the permit requirements contained in §51.8 of this title (relating to Cattle).(D) Testing Requirements. Out-of-state origin cattle must meet the testing requirements contained in §51.8 of this title.(E) Vaccination Requirements. Out-of-state origin cattle must meet the brucellosis vaccination requirements contained in §35.4 of this title (relating to Entry, Movement, and Change of Ownership).(2) Equine(A) Certificate of Veterinary Inspection. All out-of-state origin equine must have one of the following: a valid Certificate of Veterinary Inspection (CVI); a valid equine interstate passport; or a valid equine identification card.(B) Testing Requirements.(i) Equine Infectious Anemia (EIA). All out-of-state origin equine must have one of the following: proof of a negative result to an official Equine Infection Anemia (EIA) test within the previous 12 month if travelling on a Certificate of Veterinary Inspection (CVI); a valid equine interstate passport; or equine identification card.(ii) Piroplasmosis. Equine entering a racetrack facility must meet the Piroplasmosis requirements for testing in §49.5 of this title (relating to Piroplasmosis: Testing, Identification of Infected Equine).(3) Exotic Livestock and Fowl(A) Certificate of Veterinary Inspection. All out-of-state origin exotic livestock and fowl must have a valid Certificate of Veterinary Inspection (CVI).(B) Official Identification. All out-of-state origin exotic Cervidae, Bovidae, Swine, and Ratites must be identified using official identification.(C) Permit Requirements. Out-of-state origin exotic livestock and fowl must meet the permit requirements contained in §51.9 of this title (relating to Exotic Livestock and Fowl).(D) Testing Requirements. Out-of-state origin exotic livestock and fowl must meet the testing requirements contained in §51.9 of this title.(E) Sale of Exhibition Exotic Fowl. All out-of-state sellers of live exotic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.(4) Goats(A) Certificate of Veterinary Inspection. All out-of-state origin goats must have a valid Certificate of Veterinary Inspection (CVI).(B) Official Identification. Unless excepted, all out-of-state origin goats are required to be identified using official identification. (C) Permit Requirements. Out-of-state origin goats must meet the permit requirements contained in §51.11 and §51.12 of this title (relating to Goats and relating to Sheep).(D) Testing Requirements. Out-of-State origin goats must meet the testing requirements contained in §51.11 and §51.12 of this title.(5) Poultry and Domestic Fowl(A) Certificate of Veterinary Inspection. All out-of-state origin poultry and domestic fowl entering Texas to be exhibited must have a valid Certificate of Veterinary Inspection (CVI).(B) Permit Requirements. All poultry and domestic fowl entering Texas to be exhibited must have an entry permit issued by the Commission.(C) Testing Requirements. All out-of-state origin poultry must meet the testing requirements contained in §51.15 and §57.11 of this title (relating to Poultry and relating to General Requirements). (D) Sale of Exhibition Poultry and Domestic Fowl. All out-of-state sellers of live poultry and domestic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.(6) Sheep(A) Certificate of Veterinary Inspection. All out-of-state origin sheep must have a valid Certificate of Veterinary Inspection (CVI).(B) Official Identification. All out-of-state origin sheep are required to be identified using official identification.(C) Permit Requirements. Out-of-state origin sheep must meet the permit requirements contained in §51.12 of this title.(D) Testing Requirements. Out-of-State origin sheep must meet the testing requirements contained in §51.12 of this title.(7) Swine(A) Certificate of Veterinary Inspection. All out-of-state origin swine must have a valid Certificate of Veterinary Inspection (CVI) that includes the certifications required by §51.14(a) of this title (relating to Swine).(B) Official Identification. All out-of-state origin swine are required to be identified using official identification.(C) Testing Requirements. All out-of-state origin swine must meet testing requirements contained in §51.14 of this title.(D) Vaccination Requirements. All out-of-state origin breeding swine (sexually intact swine, 6 months of age or older) must have a Leptospirosis vaccination within 30 days prior to the event. The vaccine must contain the following strains: Canicola, Hardjo, Icterohaemorrhagiae, Grippotyphosa, and Pomona. Vaccination status should be recorded on the CVI.(c) Requirements for Texas origin animals.(1) Cattle(A) Official Identification. All dairy breed cattle, including steers and spayed heifers, and all breeding bulls 12 months of age or older must be identified using official identification.(B) Testing Requirements. Texas origin dairy cattle are not required to test for tuberculosis to participate in a show, fair or exhibition within this state.(C) Sale of Exhibition Bulls. Any Texas origin bulls changing possession at the event must meet the Trichomoniasis testing requirements contained §38.2 of this title (relating to General Requirements).(2) Equine(A) A Certificate of Veterinary Inspection is required for Texas origin entering a parimutuel racetrack.(B) Testing Requirements.(i) Equine Infectious Anemia (EIA). All equine must have one of the following: proof of a negative results to an official Equine Infection Anemia (EIA) test within the previous 12 months month if travelling on a Certificate of Veterinary Inspection (CVI); or a valid equine interstate passport; or equine identification card.(ii) Piroplasmosis. Equine entering a racetrack facility must meet the Piroplasmosis requirements for testing in §49.5 of this title.(3) Exotic Livestock and Fowl(A) Official Identification.(i) Texas origin Chronic Wasting Disease (CWD) susceptible cervids must be identified using official identification.(ii) Exhibition ratites offered for sale must be identified using official identification.(B) Sale of Exhibition Exotic Fowl. All sellers of live exotic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.(4) Goats. Unless excepted under §60.2 of this title (relating to Animal Identification and Record Keeping), all Texas origin goats are required to be identified using official identification. (5) Poultry and Domestic Fowl(A) Testing Requirements.(i) Pullorum-Typhoid (PT) Test. Poultry must originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative PT test within 30 days before exhibition.(ii) Laryngotracheitis (LT) Test. Poultry must originate from areas where LT has not been active in the past 30 days, and poultry must not have been vaccinated with the modified live chick-embryo origin LT vaccine or the modified live MG- attenuated vaccine.(B) Sale of Exhibition Poultry and Domestic Fowl. All sellers of live poultry and domestic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.(6) Sheep(A) Official Identification. Unless excepted under §60.2 of this title, all Texas origin sheep are required to be identified using official identification.(B) Testing Requirements. Texas origin breeding rams may enter shows, fairs, and exhibitions without a test for Brucella ovis.(7) Swine(A) Official Identification. Texas origin breeding swine changing ownership must be identified using official identification. (B) Testing Requirements. Prior to change of ownership, all swine must meet testing requirements contained in §55.1(b) of this title (relating to Testing Breeding Swine Prior to Sale or Change of Ownership). Texas origin swine entered in terminal shows are exempt from brucellosis and pseudorabies testing requirements.</content><note type="source"><p>Source Note: The provisions of this §51.4 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective November 3, 2002, 27 TexReg 10009; amended to be effective October 16, 2003, 28 TexReg 8885; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective May 29, 2025, 50 TexReg 3115.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.5"><num value="51.5">§51.5</num><heading>Movement of Quarantined Animals</heading><content>(a) Animals under a Texas Animal Health Commission quarantine notice. A person shall not move an animal from a quarantined area unless the movement is authorized by a commission representative.(b) Animals entering Texas from quarantined herds, flocks, or areas.(1) An animal originating in a state or area under quarantine as a result of action taken during a meeting of the commission shall not be moved into Texas except as specified in the quarantine notice.(2) An animal affected with or recently exposed to an infectious, contagious, or communicable disease and not in an area or state under the commission's quarantine or that originate in quarantined herds or flocks shall not be moved into Texas unless:(A) the animal is consigned to slaughter or a quarantined feedlot and accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or regularly employed veterinarians or inspectors of the state of origin or of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services and upon written permission by the Executive Director for each consignment; or(B) upon written permission by the Executive Director of the commission for each consignment.(c) Executive Director determination. If the Executive Director determines or is informed that a disease or agent of disease transmission listed in §45.3(a) - (c) of this title (relating to the Reportable and Actionable Disease List) exists in another state, territory, or country, and deems it necessary to protect livestock in this state, the Executive Director may establish a quarantine against all or the portion of the state, territory, or country in which the disease exists. Any quarantine issued by the Executive Director will be acted on by the Commission at the next appropriate meeting.</content><note type="source"><p>Source Note: The provisions of this §51.5 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective February 8, 2022, 47 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.6"><num value="51.6">§51.6</num><heading>Special Requirements</heading><content>(a) An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to: (1) determine if the shipment is in compliance with the laws and rules administered by the commission affecting the shipment; (2) determine if the shipment originated from a quarantined area or herd; or (3) determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. (b) An agent of the commission may detain a shipment of animals or animal products that is being transported in violation of law or a rule of the commission. The commission may require that the shipment be unloaded at the nearest available loading facility. (c) Inspection or testing. The executive director of the commission may detain and require an inspection or test of any animal for the detection of any disease or parasite or parasitic infestation when the executive director has determined there is a risk of disease or parasite transmission or infestation which would have a detrimental effect on the Texas livestock industry. Entry may be denied based on the results of these tests or inspections or all movement within Texas may be restricted based on the risk. (d) The commission may post signs on public highways and use signaling devices, including red lights, in conjunction with signs, if necessary to effectively signal and stop vehicles for inspection. (e) In this section, "animal product" includes hides; bones; hoofs; horns; viscera; parts of animal bodies; litter, straw, or hay used for bedding; and any other substance capable of carrying insects or a disease that may endanger the livestock industry. (f) Brushy-tailed possums (Trichosurus vulpecula) cannot be transported into the state due to the fact that they carry and easily shed the bacteria of the genus Brucella.</content><note type="source"><p>Source Note: The provisions of this §51.6 adopted to be effective June 3, 2002, 27 TexReg 5182.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.7"><num value="51.7">§51.7</num><heading>All Livestock - Special Requirements</heading><content>(a) Scabies.(1) Livestock originating in scabies quarantined areas outside the State of Texas. Livestock originating in scabies quarantined areas outside the State of Texas must, in addition to other requirements, be accompanied by a certificate of veterinary inspection certifying that the herd of origin has been inspected and declared free of scabies infestation or exposure. Slaughter livestock originating in a quarantined area and consigned directly to an approved slaughter establishment for immediate slaughter must be accompanied by a certificate of veterinary inspection or a VS Form 1-27 permit issued by state or federal regulatory personnel certifying they are "scabies free."(2) Any treated livestock. Any treated livestock must be accompanied by a certificate issued by state or federal regulatory personnel identifying the livestock treated and stating the date of treatment. If the livestock enter less than 14 days following treatment, the transporting vehicle must be placarded and billing marked in accordance with the Code of Federal Regulations. The livestock have been officially treated by one of the following methods:(A) Dipping. The livestock have been dipped in Co-Ral or GX 118 (Prolate) under supervision of state or federal regulatory personnel within 10 days prior to shipment and transported in clean and disinfected vehicles.(B) Ivermectin.(i) The livestock have been treated with Ivermectin within 21 days prior to entry under the supervision of state or federal regulatory personnel in accordance with label directions.(ii) The treated livestock must be kept physically separated from all untreated livestock for 21 days following treatment.(iii) Ivermectin may not be used with female dairy cattle of breeding age. Livestock treated with Ivermectin must be withheld from slaughter according to label directions.(C) Dectomax.(i) The livestock have been treated with Dectomax within 21 days prior to entry under the supervision of state or federal regulatory personnel in accordance with label directions.(ii) The treated livestock must be kept physically separated from all untreated livestock for 21 days following treatment.(iii) Dectomax may not be used with female dairy cattle of breeding age, preruminating calves, or calves to be processed for veal. Livestock treated with Dectomax must be withheld from slaughter according to label directions.(b) Screwworm Requirements. All animals presented for entry into Texas from any area in which the screwworm is known to exist must be free of screwworms and screwworm fly eggs. Wounds (infested or noninfested) must be treated with United States Department of Agriculture approved screwworm killer and fly repellent. Animals other than lactating dairy animals and young animals under two weeks of age must be sprayed with a spray approved by the executive director.(c) Fever Tick Requirements. All movement of livestock from or into the Texas Fever Tick Eradication Zone shall be in accordance with Chapter 41 of this title.(d) Vesicular Stomatitis. No equine, bovine, porcine, caprine, ovine, or cervidae may enter Texas from a premise or area under quarantine for vesicular stomatitis. All equine, bovine, porcine, caprine, ovine, or cervidae from a vesicular stomatitis affected state must have a certificate of veterinary inspection issued within 14 days of the date of entry into Texas. A copy of the certificate of veterinary inspection must accompany such animal shipments at all times.(e) Regulations on livestock imported from Mexico.(1) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas. Metal eartags applied in Mexico must not be removed from the animals.(2) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.</content><note type="source"><p>Source Note: The provisions of this §51.7 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective July 2, 2012, 37 TexReg 4864; amended to be effective October 28, 2015, 40 TexReg 7401.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.8"><num value="51.8">§51.8</num><heading>Cattle</heading><content>(a) Brucellosis requirements. All cattle must meet the requirements contained in §35.4 of this title (relating to Entry, Movement, and Change of Ownership). Cattle which are parturient, postparturient or 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers being shipped to a feedyard prior to slaughter, shall be officially individually identified with a permanent identification device prior to leaving the state of origin.(b) Tuberculosis requirements.(1) All beef cattle, bison and sexually neutered dairy cattle originating from a federally recognized accredited tuberculosis free state, or zone, as provided by Title 9 of the Code of Federal Regulations, Part 77, Section 77.8, or from a tuberculosis accredited herd are exempt from tuberculosis testing requirements.(2) All beef cattle, bison and sexually neutered dairy cattle originating from a state or zone with anything less than a tuberculosis free state status and having an identified wildlife reservoir for tuberculosis or that have never been declared free from tuberculosis shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.19, prior to entry with results of this test recorded on the certificate of veterinary inspection. All beef cattle, bison and sexually neutered dairy cattle originating from any other states or zones with anything less than free from tuberculosis shall be accompanied by a certificate of veterinary inspection.(3) All dairy breed animals, including steers and spayed heifers, shall be officially identified prior to entry into the state. All sexually intact dairy cattle, that are six months of age or older may enter provided that they are officially identified, and are accompanied by a certificate of veterinary inspection stating that they were negative to an official tuberculosis test conducted within 60 days prior to the date of entry. All sexually intact dairy cattle that are less than six months of age must obtain an entry permit from the commission, as provided in §51.2(a) of this title (relating to General Requirements), to a designated facility where the animals will be held until they are tested negative at the age of two months to six months. Animals which originate from a tuberculosis accredited herd, and/or animals moving directly to an approved slaughtering establishment are exempt from the test requirement. Dairy cattle delivered to an approved feedlot for feeding for slaughter by the owner or consigned there and accompanied by certificate of veterinary inspection with an entry permit issued by the commission are exempt from testing unless from a restricted herd. In addition, all sexually intact dairy cattle originating from a state or area with anything less than a tuberculosis free state status shall be tested negative for tuberculosis in accordance with the appropriate requirements for states or zones with a status as provided by Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.19, for that status, prior to entry with results of the test recorded on the certificate of veterinary inspection.(4) All "M" brand steers, which are recognized as potential rodeo and/or roping stock, being imported into Texas from another state shall obtain a permit, prior to entry into the state, in accordance with §51.2(a) of this title and be accompanied by a certificate of veterinary inspection which indicates that the animal(s) were tested negative for tuberculosis within 12 months prior to entry into the state.(5) All other cattle from foreign countries, foreign states, or areas within foreign countries defined by the Commission, with comparable tuberculosis status, would enter by meeting the requirements for a state with similar status as stated in paragraphs (1), (2), and (3) of this subsection.(6) All sexually intact cattle, from any foreign country or part thereof with no recognized comparable Tuberculosis status.(A) To be held for purposes other than for immediate slaughter or feeding for slaughter in an approved feedyard or approved pen, must be tested at the port of entry into Texas under the supervision of the port veterinarian, and shall be under quarantine on the first premise of destination in Texas pending a negative tuberculosis test no earlier than 120 days and no later than 180 days after arrival. The test will be performed by a veterinarian employed by the commission or APHIS/VS.(B) When destined for feeding for slaughter in an approved feedyard, cattle must be tested at the port-of-entry into Texas under the supervision of the port veterinarian; moved directly to the approved feedyard only in sealed trucks; accompanied with a VS 1-27 permit issued by commission or USDA personnel; and "S" branded prior to or upon arrival at the feedlot.(7) Cattle originating from Mexico.(A) All sexually intact cattle shall meet the requirements provided for in paragraph (6) of this subsection.(B) Steers and spayed heifers from Mexico shall meet the federal importation requirements as provided in Title 9 of the Code of Federal Regulations, Part 93, Section 93.427, regarding importation of cattle from Mexico. In addition to the federal requirements, steers and spayed heifers must be moved under permit to an approved pasture, approved feedlot, or approved pens.(C) Cattle utilized as rodeo and/or roping stock shall meet the requirements set out in paragraph (6)(A) of this subsection and the applicable requirement listed in clauses (i) and (ii) of this subparagraph:(i) All sexually intact cattle shall be retested annually for tuberculosis at the owner's expense and the test records shall be maintained with the animal and available for review.(ii) All sexually neutered horned cattle imported from Mexico are recognized as potential rodeo and/or roping stock and must:(I) be tested for tuberculosis at the port of entry under the supervision of the USDA port veterinarian;(II) be moved by permit to a premise of destination and remain under Hold Order, which restricts movement, until permanently identified by methods approved by the commission, and retested for tuberculosis between 60 and 120 days after entry at the owner's expense. The cattle may be allowed movement to and from events/activities in which commingling with other cattle will not occur and with specific permission by the TAHC until confirmation of the negative post entry retest for tuberculosis can be conducted; and(III) be retested for tuberculosis annually at the owner's expense and the test records shall be maintained with the animal and available for review.(D) Regardless of reproductive status, test history, or Mexican State of origin, Holstein and Holstein cross cattle are prohibited from entering Texas.(E) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas.(F) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.(G) Any certificate, form, record, report, or chart issued by an accredited veterinarian for cattle that originate from Mexico, have resided in Mexico or are "M" branded shall include the statement, "the cattle represented on this document are of Mexican origin."(c) Trichomoniasis Requirements:(1) A breeding bull that is 12 months of age or older may enter the state provided the bull is officially identified as provided by §38.1 of this title (relating to Definitions) and accompanied by a certificate of veterinary inspection stating the bull tested negative for Trichomoniasis with an official Real Time Polymerase Chain Reaction (RT-PCR) test as provided by §38.6 of this title (relating to Official Trichomoniasis Tests) within 60 days prior to the date of entry.(2) A breeding bull that is 12 months of age or older is exempt from the testing requirement of paragraph (1) of this subsection if the bull meets one of the following requirements:(A) The bull enters on and is moved by a permit, issued prior to entry, from the commission, in accordance with §51.2(a) of this title, for the purpose of participating at a fair, show, exhibition or rodeo, remains in the state for less than 60 days from the date of entry, and is isolated from female cattle at all times. The certificate of veterinary inspection shall include the entry permit number. A bull that is in this state on or after the 60th day from the date of entry shall test negative for Trichomoniasis with an official RT-PCR test.(B) The bull enters on and is moved by a permit, issued prior to entry, from the commission, in accordance with §51.2(a) of this title, directly to a feedyard that has executed a Trichomoniasis Certified Facility Agreement. The certificate of veterinary inspection shall include the entry permit number.(C) The bull enters on and is moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, directly to a facility that tests the gain and feed conversion of cattle (bull test station) that isolates the bull from female cattle at all times. The certificate of veterinary inspection shall include the entry permit number. The bull shall return to the out-of-state premises destination directly from the bull test station or test negative for Trichomoniasis with an official RT-PCR test.(D) A Texas bull that is enrolled in an out-of-state facility that tests the gain and feed conversion of cattle (bull test station) and isolates the bull from female cattle at all times may move directly to the Texas premises of origin. The certificate of veterinary inspection shall state the bull was enrolled in a bull test station and was isolated from female cattle.(E) The bull is enrolled at an out-of-state semen collection facility, which complies with Certified Semen Services Minimum Requirements for Disease Control of Semen Produced for Artificial Insemination, that isolates the bull from female cattle at all times and the bull is moved directly from a semen collection facility into the state. The certificate of veterinary inspection shall state the bull was enrolled in a semen collection facility and was isolated from female cattle.(F) The bull originates from a herd that is enrolled in a Certified Trichomoniasis Free Herd Program or other certification program that is substantially similar, as determined by the Executive Director, to the program requirements provided by §38.8 of this title (relating to Herd Certification Program--Breeding Bulls).(G) The bull enters from a premises of origin (farm, ranch, or dairy where the bull has been raised or maintained for breeding purposes) and moves directly to a federally approved livestock market with an owner shipper statement and does not require an entry permit or CVI.(H) The bull enters from other than a premises of origin and is moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, directly to a federally approved livestock market that isolates the bull from female cattle at all times and the bull is Trichomoniasis tested as required by §38.2 of this title (relating to General Requirements). The certificate of veterinary inspection shall include the entry permit number.(3) Female cattle 12 months of age or older that originate from a known Trichomoniasis positive herd, or exposed to a known Trichomoniasis positive bull, may not enter the state unless the animal is officially identified and enters on and is moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, directly to an approved slaughtering establishment. The certificate of veterinary inspection shall include the entry permit number and a statement that the animal is Trichomoniasis exposed.(4) All breeding bulls entering from a foreign country shall enter on and be moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, to a premises of destination in Texas and shall be placed under Hold Order and officially tested for Trichomoniasis with not less than three official culture tests conducted not less than seven days apart, or an official RT-PCR test, within 30 days after entry into the state. All bulls shall be isolated from female cattle at all times until tested negative for Trichomoniasis. The Hold Order shall not be released until all other post entry disease testing requirements have been completed. All bulls tested for Trichomoniasis shall be officially identified at the time the initial test sample is collected. The identification shall be recorded on the test documents.</content><note type="source"><p>Source Note: The provisions of this §51.8 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective September 11, 2005, 30 TexReg 5322; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective October 14, 2007, 32 TexReg 7043; amended to be effective August 25, 2008, 33 TexReg 6795; amended to be effective April 1, 2009, 34 TexReg 1985; amended to be effective October 15, 2009, 34 TexReg 7066; amended to be effective November 2, 2010, 35 TexReg 9691; amended to be effective August 14, 2011, 36 TexReg 5091; amended to be effective February 5, 2013, 38 TexReg 497; amended to be effective February 4, 2014, 39 TexReg 490;amended to be effective June 3, 2014, 39 TexReg 4240; amended to be effective October 9, 2014, 39 TexReg 7915; amended to be effective October 28, 2015, 40 TexReg 7401; amended to be effective September 12, 2017, 42 TexReg 4614; amended to be effective September 3, 2018, 43 TexReg 5673; amended to be effective May 17, 2023, 48 TexReg 2481.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.9"><num value="51.9">§51.9</num><heading>Exotic Livestock and Fowl</heading><content>(a) Exotic Livestock. The following named species entering the State of Texas shall meet the specific requirements in paragraphs (1) - (4) of this subsection:(1) Exotic cervidae--Negative to a brucellosis test within 30 days prior to entry if from the Brucellosis Designated Surveillance Area (DSA) located in the states of Idaho, Wyoming, and Montana or for any free ranging exotic cervidae trapped for movement. Tuberculosis test requirements see §51.10(c) of this chapter (relating to Cervidae). Susceptible species (i.e. elk) must meet the Chronic Wasting Disease requirements, see §51.10(a) and (b) of this title.(2) Exotic Bovidae--Negative to a brucellosis test within 30 days prior to entry. Negative to a tuberculosis test within 60 days prior to entry.(3) Camelidae--The executive director of the commission may require a brucellosis and tuberculosis test of any camelidae, from out of state, when there is epidemiological risk of exposure or infection to either disease. Entry may be denied based on the results of these tests or inspections.(4) Exotic Swine--Tested negative to pseudorabies and brucellosis within 30 days prior to entry or originate from a brucellosis validated free and pseudorabies qualified free herd, in addition to an entry permit and a certificate of veterinary inspection.(b) Exotic Fowl.(1) Ratites--Ratites entering Texas shall meet the specific requirements listed in paragraphs (A)- (D) of this subsection:(A) Each bird will be individually identified with an RFID device, a permanently attached tag, or an implanted electronic device (microchip). The identification will be shown on the certificate of veterinary inspection along with the location and name brand of the implanted electronic device. If an animal has more than one implanted microchip, then the location, microchip number, and name brand of each will be documented on the certificate of veterinary inspection. Birds or hatching eggs must originate from flocks that show no evidence of infectious disease and have had no history of Avian Influenza in the past six months. In addition, each bird must be tested and found to be serologically negative for Avian Influenza and Salmonella pullorum-typhoid from a sample collected within 30 days of shipment. A bird serologically positive for Avian Influenza may be admitted if a virus isolation test via cloacal swab conducted within 30 days of shipment is negative for Avian Influenza. The testing is to be performed in a state approved diagnostic laboratory in the state of origin. Serologically positive birds admitted under this section must be held under quarantine on the premise of destination in Texas for virus isolation retest.(B) Ratites destined for slaughter only may enter Texas accompanied by an entry permit and either an owner-shipper statement or health certificate without meeting the requirements of subparagraph (A) of this paragraph.(C) All ratites originating within Texas and changing ownership or being offered for public sale or sold by private treaty within the state must be individually identified with an implanted electronic device, a tag, or a band.(D) All identification must be maintained in the sale records for consignments to a public sale or in the records of the buyer and seller when the animals are sold at private treaty. These records must be maintained for a period of three years.(2) Association of Zoos and Aquariums (AZA) accredited facility. Exotic fowl, other than ratites, moving from an AZA accredited facility directly to another AZA accredited facility are exempt from the required pullorum-typhoid and avian influenza testing and from entry permitting provided those exotic fowl being moved are not commingled with exotic fowl or domestic poultry from other sources during the transfer. Exotic fowl sold or transferred from an AZA accredited facility located either in Texas or another state to an owner/agent in Texas that is not an AZA accredited facility must comply with all testing and entry permit requirements. Ratites moving from an AZA accredited facility must follow entry requirements for ratites set forth in §51.10(b)(1) of this title (relating to Cervidae).</content><note type="source"><p>Source Note: The provisions of this §51.9 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective November 3, 2002, 27 TexReg 10009; amended to be effective October 16, 2003, 28 TexReg 8885; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective October 14, 2007, 32 TexReg 7043; amended to be effective January 3, 2010, 34 TexReg 9404; amended to be effective June 3, 2014, 39 TexReg 4240; amended to be effective June 12, 2019, 44 TexReg 2837; amended to be effective September 16, 2025, 50 TexReg 6014.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.10"><num value="51.10">§51.10</num><heading>Cervidae</heading><content>(a) Chronic Wasting Disease (CWD). If the commission or the Texas Parks and Wildlife Department issues a quarantine or a prohibition on CWD susceptible species entering the state, that quarantine or prohibition supersedes these rules for the quarantined species. This includes white-tailed deer (Odocoileus virginianus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus columbianus), North American elk or wapiti (Cervus canadensis), red deer (Cervus elaphus), Sika deer (Cervus nippon), moose (Alces alces), reindeer and caribou (Rangifer tarandus), muntjac deer (muntiacus), and any associated subspecies and hybrids or other cervid species determined to be susceptible to CWD, which means an animal that has had a CWD diagnosis confirmed by an official test conducted by an approved laboratory shall obtain an entry permit from the commission prior to entering Texas. All mule deer and white-tailed deer are also required to obtain an entry permit from the Texas Parks and Wildlife Department in order to enter the state. All requests for entry must be in writing and accompanied with the information necessary to support import qualifications of the animal(s). The entry request must be received by the commission at least ten working days prior to the proposed entry date. Application processing may be expedited by assuring that all of the necessary documentation has been provided and that the necessary staff is available for review. The application must be accompanied by the owner's statement stating that to his/her knowledge the animal (or donor animals) to be imported have never come in contact with equipment or resided on a premises where CWD has been diagnosed.(b) Requirements for entry. The applicant must identify the herd of origin and the herd of destination on both the permit application and the Certificate of Veterinary Inspection. The cervid(s) to be imported into this state shall be identified to their herd of origin by a minimum of two official unique identifiers to include, but not limited to, a legible tattoo, USDA approved eartag, breed registration, RFID device or other commission-approved permanent identification method. If a microchip is used for identification, the owner shall provide the necessary reader. The shipment shall be accompanied by a Certificate of Veterinary Inspection completed by an accredited veterinarian. Additionally, the applicant must provide documentation showing the animal(s) originate(s) from a herd that has achieved Certified status in an Approved State CWD Herd Certification Program in compliance with the interstate movement requirements of the May 2019 USDA CWD Herd Certification Program Standards and 9 CFR Parts 55 and 81 for a minimum of five years and is more than 25 miles from a location where CWD has been confirmed or as otherwise epidemiologically determined by the Executive Director.(c) Tuberculosis. No animal with a response to any tuberculosis test is eligible for entry unless that animal is subsequently classified negative for tuberculosis based upon an official tuberculosis test, or is consigned directly to slaughter.(1) Accredited-Free herds. Cervids that originate from Accredited-Free herds may enter without further tuberculosis testing provided they are accompanied by a certificate stating such cervids originated from an Accredited-Free herd.(2) Qualified herds. Cervids not known to be affected with or exposed to tuberculosis that originate from Qualified herds may enter if they are accompanied by a certificate stating that such cervids originate from a qualified herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. If the qualifying herd test was administered within 90 days of movement, the animal(s) do not require an additional test.(3) Monitored herds. These cervids not known to be affected with or exposed to tuberculosis that originate from Monitored herds may enter if they are accompanied by a certificate stating that such cervids originate from a monitored herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement.(4) All other herds. These cervids not known to be affected with or exposed to tuberculosis that originate from all other herds may enter if they are accompanied by a certificate stating that such cervids have been classified negative to two official tuberculosis tests, which were conducted no less than 90 days apart; that the second test was conducted within 90 days prior to the date of movement; and that the animals were isolated from all other members of the herd during the testing period.(5) Cervids less than 12 months of age that originate from and were born in accredited, qualified, or monitored herds. These cervids may enter without further tuberculosis testing provided they are accompanied by a certificate stating that such cervids originated from such herds and have not been exposed to cervids from a lower status.(6) Association of Zoos and Aquariums (AZA) accredited facility. Cervids moving from an AZA accredited facility directly to another AZA accredited facility are exempt from these entry requirements provided those cervids being moved are not commingled with cervids from other sources during the transfer. Cervids sold or transferred from an AZA accredited facility located either in Texas or another state to an owner/agent in Texas that is not an AZA accredited facility must comply with these testing requirements.(7) TB restricted area in Michigan. Cervids originating from the TB restricted zone(s) in Michigan shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, §§77.10 - 77.19, prior to entry with results recorded on the certificate of veterinary inspection.</content><note type="source"><p>Source Note: The provisions of this §51.10 adopted to be effective August 25, 2002, 27 TexReg 7515; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective July 13, 2010, 35 TexReg 6064; amended to be effective February 5, 2013, 38 TexReg 497; amended to be effective February 8, 2022, 47 TexReg 497; amended to be effective September 16, 2025, 50 TexReg 6014.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.11"><num value="51.11">§51.11</num><heading>Goats</heading><content>(a) Tuberculosis. Originating from the restricted TB area in Michigan. Goats originating from the TB restricted zone(s) in Michigan shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, §§77.10 - 77.19, prior to entry with results recorded on the certificate of veterinary inspection.(b) Scrapie. Entry requirements related to Scrapie are contained in §51.12 of this title (relating to Sheep).</content><note type="source"><p>Source Note: The provisions of this §51.11 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective July 13, 2010, 35 TexReg 6064.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.12"><num value="51.12">§51.12</num><heading>Sheep</heading><content>(a) Brucella ovis. All breeding rams six months of age and over must have had a negative ELISA test for Brucella ovis within 30 days prior to entry into Texas or be from a Brucella ovis free flock. Each ram shall be individually identified with an individual eartag or registration tattoo. This number along with the test results and name of the approved laboratory and date of test shall be entered on the Certificate of Veterinary Inspection accompanying the animal(s). (b) Scrapie. (1) Animals to be identified by official eartag. (A) All breeding or exhibition animals shall have official premises, or approved USDA, eartag in place and recorded, except: Registered goats with a registration tattoo and accompanied by registration papers (B) All animals in slaughter channels shall have official premises, or approved USDA, eartag in place, except: (i) Sheep under 18 months of age (ii) Goats that have not commingled with sheep (2) Animals originating from scrapie-affected flocks, scrapie-positive, suspect, exposed, and/or high risk animals, or sheep originating from Inconsistent States, may be granted entry into Texas on a case-by-case basis only after permission of the Executive Director of TAHC or the Designated Scrapie Epidemiologist. (3) Animals originating from Inconsistent States (without an active scrapie surveillance and control program) may enter the State of Texas only if: (A) Obtain an entry permit, (B) Consigned directly to a terminal feedlot, (C) Consigned directly to slaughter. (4) All blackface ovine females and all blackface crossbred females, except hair sheep, imported into the State of Texas for breeding purposes shall originate from a Scrapie Certified Free Flock or have documentation supporting that the animals are of the genotype RR at codon 171 or AA at codon 136 and QR at codon 171. (5) Certificate of Veterinary Inspection: Information on the Certificate of Veterinary Inspection shall include: (A) Complete information on the consignor, consignee, and flock of origin, including the origination and destination addresses. (B) Date of inspection (C) Number of animals in the consignment and description of the animals (breed, gender, and other distinguishing characteristics). (D) Premise eartag identification number or official USDA eartag number, or (if goats accompanied by registration papers) registration tattoo). (i) Animals for Breeding Purposes or Exhibition--All premises identification numbers (or) official USDA eartag numbers, or registration tattoos (in the accompaniment of registration papers) shall be recorded. (ii) Animals in Slaughter Channels--identification must be present on the animals but the numbers do not need to be recorded. (E) Statement of the purpose for transporting the animals (for exhibition, breeding purposes, or slaughter) (F) A statement by the accredited veterinarian issuing the Certificate that the animals are not exhibiting clinical signs associated with any infectious disease, including scrapie, at the time of examination. (G) A statement by the accredited veterinarian issuing the Certificate indicating if the animal(s) are not from a scrapie affected, high risk, source, or exposed flock.</content><note type="source"><p>Source Note: The provisions of this §51.12 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective March 4, 2007, 32 TexReg 753.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.13"><num value="51.13">§51.13</num><heading>Equine</heading><content>(a) Equine infectious anemia (EIA) requirements. All horses, mules, asses, ponies, zebras and all other equidae shall have a certificate of veterinary inspection and proof of a negative EIA test within the previous 12 months prior to entering Texas, along with unique and permanent forms of identification, such as electronic identification that complies with ISO 11784/11785; or non-ISO electronic identification injected in the equine on or before March 11, 2014; or digital photographs sufficient to identify the individual equine. The negative test results together with the name of the laboratory conducting the test must be shown on the certificate of veterinary inspection. Alternatively, a completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test) may be attached to the certificate of veterinary inspection. Only test results from USDA-approved laboratories are acceptable. Exceptions to these test requirements are:(1) equidae consigned directly to an approved slaughtering establishment accompanied by a prior permit issued by the Texas Animal Health Commission;(2) equidae that have been "S" branded and consigned directly to an approved slaughter establishment accompanied by a VS 1-27 permit;(3) equidae may enter Texas when consigned directly to a veterinary hospital or clinic for treatment or for usual veterinary procedures when accompanied by a permit number issued by the Texas Animal Health Commission. Following release by the veterinarian, equidae must be returned immediately to the state of origin by the most direct route;(4) equidae may enter Texas for shows, fairs, exhibitions or assembly purposes when accompanied by a valid equine interstate passport or equine identification card and a completed VS form 10-11 showing negative results to an official EIA test within the previous six months.(5) equidae entering for consignment to a livestock market, may first move directly to an EIA approved lab/vet clinic for testing. The animal must be accompanied by a prior entry permit issued by the Texas Animal Health Commission.(6) foals, under eight months of age, accompanying and nursing a dam with a negative test within the last twelve months.(b) Fever tick requirements: Equidae originating in a fever tick infected area must be accompanied by a certificate issued by an authorized state or federal inspector showing them free of fever tick infestation or exposure thereto and dipped in a recognized dipping solution. Dipping must be under the supervision of a state or federal inspector immediately prior to shipment, and the equidae must be transported in clean and disinfected trucks, railroad cars, or other vehicles.(c) Equine Viral Arteritis (EVA):(1) Owners, shippers or exporters of EVA carrier stallions, as defined in §49.4 of this title (relating to Equine Viral Arteritis (EVA): Reporting and Handling for Breeding of Infected Equine), which are to be imported into Texas, shall notify the buyer or receiver of the stallion, in writing, prior to shipment into the state, that the stallion is an EVA carrier stallion. The equine shall be accompanied by a certificate veterinary inspection, on which the carrier status of the stallion is notated.(2) Owners of EVA carrier stallions, who intend to ship semen from the carrier stallion into Texas, shall notify, in writing, the owners, managers or caretakers of mares to be inseminated that the semen is from an EVA carrier stallion and that the mare could become EVA infected through insemination with infective semen.(3) Any equine that originate from an area quarantined, excluding a quarantined facility, for EVA, must be accompanied by a certificate of veterinary inspection which states that the animal does not exhibit clinical signs of EVA, and that the equine had a rectal temperature of 101° F. or less at the time of examination for entry. EVA carrier stallions shall also comply with paragraph (1) of this subsection.</content><note type="source"><p>Source Note: The provisions of this §51.13 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective January 1, 2006, 30 TexReg 8681; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective October 14, 2007, 32 TexReg 7043; amended to be effective October 6, 2019, 44 TexReg 5615.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.14"><num value="51.14">§51.14</num><heading>Swine</heading><content>(a) Swine imported into Texas for feeding, breeding, or exhibition purposes shall be accompanied by a certificate of veterinary inspection certifying that:(1) swine have not been fed garbage, either raw or cooked;(2) swine have not been exposed to pseudorabies;(3) swine have not been vaccinated for pseudorabies;(4) for non-commercial swine entering Texas for purposes other than immediate slaughter, swine have not originated from a premises known to be affected by Novel Swine Enteric Coronavirus Disease(s) (SECD), and have not been exposed to SECD within the last 30 days; and(5) swine have been permanently identified with one of the following:(A) official identification eartag approved by the commission or USDA;(B) ear notching, if the ear notching has been recorded in the book of record of a purebred registry association;(C) tattoos on the ear or inner flank, if the tattoos have been recorded in the book of record of a swine registry association; or(D) any other official identification device or method that is approved by the commission.(b) Swine not known to be infected with or exposed to pseudorabies, and originate from a state not classified as Stage IV or V, may enter provided they:(1) are tested negative within 30 days prior to entry and then held in isolation and under quarantine on the premise where first unloaded and tested or retested for PRV in not less than 30 nor more than 60 days after arrival. Feeder swine are exempt from the retest provided that the swine enter on an entry permit from the commission and are destined directly to a designated feedlot and remain restricted to the feedlot until they are sent to slaughter; or(2) originate from a qualified PRV-negative herd; or(3) are shipped directly from a farm of origin in a Stage IV or free state or area as described in the National PRV Program; or(4) originate from and are sold at an approved feeder-pig market in a Stage IV or free state or area and enter the state directly from that market.(c) Additionally, breeding swine shall have a negative brucellosis test within the previous 30 days or originate from a validated brucellosis-free herd or state and shall be vaccinated within the previous 30 days with Leptospirosis vaccine containing the following strains: Canicola, Hardjo, Icterohaemorrhagiae, Grippotyphosa, and Pomona.(d) Exhibition swine originating in Texas entered in terminal shows are exempt from brucellosis and pseudorabies requirements.(e) Swine imported into Texas for slaughter purposes shall either be consigned directly to slaughter or to a federally approved livestock market where a VS 1-27 will be issued to accompany them to slaughter following sale.</content><note type="source"><p>Source Note: The provisions of this §51.14 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective October 16, 2003, 28 TexReg 8885; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective July 2, 2012, 37 TexReg 4864; amended to be effective October 9, 2014, 39 TexReg 7915; amended to be effective February 15, 2015, 40 TexReg 698.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.15"><num value="51.15">§51.15</num><heading>Poultry</heading><content>(a) Poultry shipped into the State of Texas shall be accompanied by an official health certificate issued by an accredited veterinarian within 30 days prior to shipment and shall have an entry permit in accordance with §51.2 of this title (relating to General Requirements). The health certificate shall state:(1) Poultry have been inspected and are free of evidence of infectious or contagious disease; (2) Poultry have been vaccinated only with approved vaccines as defined in this regulation;(3) Poultry have not originated from an area that has had active Laryngotracheitis or chicken embryo origin Laryngotracheitis vaccine virus within the last 30 days; and (4) Poultry have passed a negative test for pullorum-typhoid within 30 days prior to shipment or that they originate from flocks which have met the pullorum-typhoid requirements of the Texas Pullorum-Typhoid Program and/or the National Poultry Improvement Plan.(5) Live domestic poultry from states not affected with Avian Influenza may enter Texas under the following circumstances:(A) The domestic poultry originates from a flock that is certified in accordance with the National Poultry Improvement Plan as U.S. Avian Influenza Clean, U.S. H5/H7 Avian Influenza Clean, or U.S. H5/H7 Avian Influenza Monitored; or(B) The domestic poultry is from an Avian Influenza negative flock that participates in an approved state-sponsored Avian Influenza monitoring program and participation in the program and the general description of the birds, test date, test results, and name of testing laboratory are documented on the CVI; or (C) The domestic poultry originate from a flock in which a minimum of 30 birds, 4 weeks of age or older, or the complete flock, if fewer than 30, are serologically negative to an Enzyme Linked Immunosorbent Assay (ELISA) or Agar Gel Immunodiffusion (AGID) test for Avian Influenza within 30 days of entry or a minimum of 10 birds (e.g. two pools of 5 birds per house) are tested negative on trachea swabs to a real-time reverse-transcriptase polymerase chain reaction (RRT-PCR) test within 30 days of entry or negative to other tests approved by the Commission; the general description of the birds, test date, test results, and name of testing laboratory are documented on the CVI.(b) Movement of poultry from disease affected states.(1) Live domestic poultry from states affected with Avian Influenza may enter Texas for immediate slaughter and processing only under the following circumstances:(A) A minimum of 30 birds per flock are serologically negative to an ELISA or AGID test for Avian Influenza within 72 hours of entry, or a minimum of 10 birds (e.g., two pools of 5 birds per house) are tested negative on tracheal swabs to a RRT-PCR test within 72 hours of entry or negative to other tests approved by the TAHC; and (B) Specific written permission has been granted.(2) Live domestic poultry from states affected with Infectious Laryngotracheitis or poultry that has been vaccinated with chick embryo vaccine may enter Texas for immediate slaughter and processing only under the following conditions: (A) The request for authorization to bring poultry into the state must be in writing and shall include a proposed route to slaughter that would not pose a disease risk to Texas poultry;(B) The initial request must be approved by the executive director prior to entry of the poultry;(3) Live domestic poultry from states affected with egg drop syndrome virus or poultry that has been vaccinated against the virus may enter Texas for immediate slaughter and processing only under the following conditions:(A) The request for authorization to bring poultry into the state must be in writing and shall include a proposed route to slaughter that would not pose a disease risk to Texas poultry;(B) The initial request must be approved by the executive director prior to entry of the poultry;(c) An official health certificate is not required on poultry consigned to slaughter establishments, which maintain federal or state ante and postmortem inspection, provided the shipment is accompanied by a waybill indicating the plant of destination.(d) Baby poultry will be exempt from this section if from an NPIP, or equivalent, hatchery, and accompanied by NPIP Form 9-3 or 9-3i; or, if covered by an approved "Commuter Poultry Flock Agreement" on file with the state of origin and the commission.(e) Live poultry, unprocessed poultry, hatching eggs, unprocessed eggs, egg flats, poultry coops, cages, crates, other birds, and used poultry equipment affected with, or recently exposed to, infectious, contagious, or communicable disease, or originating in state quarantined areas or federal quarantined areas shall not enter Texas without express written consent from the commission.</content><note type="source"><p>Source Note: The provisions of this §51.15 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective August 25, 2002, 27 TexReg 7515; amended to be effective March 16, 2004, 29 TexReg 2627; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective October 14, 2007, 32 TexReg 7043; amended to be effective December 10, 2025, 50 TexReg 7879.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c51/sc/s51.16"><num value="51.16">§51.16</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §51.16 adopted to be effective February 8, 2022, 47 TexReg 497.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c53"><num value="53">CHAPTER 53</num><heading>MARKET REGULATION</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c53/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c53/sc/s53.1"><num value="53.1">§53.1</num><heading>Facilities</heading><content>(a) Each livestock market shall furnish at least one cattle chute suitable for animal restraint for inspection, testing, tagging, vaccination, and other treatments and procedures that may be required.(b) When swine that are known to be affected by or exposed to any infectious, contagious, or communicable disease or condition are sold, facilities, including the sales area, scales, and alleyways, must be cleaned and disinfected prior to movement of any swine of unknown status through the area.(c) Each livestock market must provide a workspace for Texas Animal Health Commission (TAHC) representatives.(d) If laboratory facilities are not available near a market, the market must provide laboratory space of sufficient size to adequately process any diagnostic tests required by the TAHC or USDA. The space must be adequately lighted, heated, air conditioned, and have a refrigerator, water piped to a properly drained sink, and hot and cold running water. The space must be maintained in a sanitary condition.(e) Each livestock market must arrange for the services of an authorized veterinarian approved by the TAHC and accredited by the USDA to perform any TAHC or USDA disease control or eradication program work.</content><note type="source"><p>Source Note: The provisions of this §53.1 adopted to be effective December 18, 1992, 17 TexReg 8289; amended to be effective October 21, 2021, 46 TexReg 7043.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c53/sc/s53.2"><num value="53.2">§53.2</num><heading>Release of Animals</heading><content>(a) All livestock consigned to a market shall be inspected, examined, and tested as required by Texas Animal Health Commission (TAHC) regulations.(b) When necessary, a TAHC representative or other approved personnel will examine certificates and permits covering animals consigned to a market. The representative is authorized to issue documents, permits, and certificates as permitted by TAHC regulations in order to facilitate the movement of livestock from the market. The decision of the representative will be final in any controversy regarding testing, classification, and disposition of livestock believed to be affected by or exposed to any infectious, contagious, or communicable disease or condition.(c) Cattle affected with carcinoma shall be surgically treated and released or sold for immediate slaughter.</content><note type="source"><p>Source Note: The provisions of this §53.2 adopted to be effective December 18, 1992, 17 TexReg 8289.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c53/sc/s53.3"><num value="53.3">§53.3</num><heading>Quarantine</heading><content>(a) Livestock showing evidence of, infection with, or exposure to any infectious, contagious, or communicable disease, feral swine, and livestock that have moved to the market on permits other than cattle permitted to market for vaccination, shall be placed in quarantine pens clearly marked with the designation "QUARANTINE PENS" in letters at least three inches high. All livestock confined in quarantine pens shall be moved only on a permit issued by a Texas Animal Health Commission (commission) representative.(b) The commission may quarantine a livestock market or portion thereof after the occurrence of, infection with, or exposure to a disease or condition that is infectious or contagious. The commission may prescribe the conditions under which the quarantine will be released, including any cleaning and disinfection procedures.(c) A livestock market shall not permit the removal of any animal quarantined or under hold order until a permit for movement is issued by a commission representative or until a commission employee releases the quarantine or hold order.</content><note type="source"><p>Source Note: The provisions of this §53.3 adopted to be effective December 18, 1992, 17 TexReg 8289; amended to be effective October 21, 2021, 46 TexReg 7043.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c53/sc/s53.4"><num value="53.4">§53.4</num><heading>Market Identification</heading><content>(a) The market shall identify each head of cattle tested at the market with an official United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services (USDA APHIS VS) approved eartag and backtag. The market shall supply this information to the accredited veterinarian prior to any testing required by a TAHC or USDA disease control or eradication program.(b) The market shall identify each sow and boar over six months of age consigned to the market with an official USDA APHIS VS approved identification backtag. The market shall record the backtag numbers for each consignment.</content><note type="source"><p>Source Note: The provisions of this §53.4 adopted to be effective December 18, 1992, 17 TexReg 8289; amended to be effective October 21, 2021, 46 TexReg 7043.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c53/sc/s53.5"><num value="53.5">§53.5</num><heading>Market Recordkeeping</heading><content>(a) A market must maintain the following records for all species:(1) Buyer's and seller's name and address;(2) County of origin;(3) Number of animals;(4) Delivery vehicle license number;(5) Individual identification, such as eartag, bangle tag, earnotch, backtag, tattoo, firebrand, microchip number; and(6) A description of each animal including sex, age, color, breed, brand and registration number, if applicable.(b) A market must maintain all records for cattle consigned that are parturient or postparturient or 18 months of age or older, sheep and goats, cervids, and equine for at least five years after the date of the transaction. The records must be made available for inspection by a Texas Animal Health Commission (commission) representative during normal business hours.(c) A market must maintain all swine and poultry records for at least two years after the date of the transaction. The records must be made available for inspection by a commission representative during normal business hours.</content><note type="source"><p>Source Note: The provisions of this §53.5 adopted to be effective December 18, 1992, 17 TexReg 8289; amended to be effective October 21, 2021, 46 TexReg 7043.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c53/sc/s53.6"><num value="53.6">§53.6</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §53.6 adopted to be effective October 21, 2021, 46 TexReg 7043.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c54"><num value="54">CHAPTER 54</num><heading>DOMESTIC AND EXOTIC FOWL REGISTRATION</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c54/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.1"><num value="54.1">§54.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) "Baby poultry"--Any newly hatched poultry that has not been fed or watered.(2) "Caretaker"--A person who is the owner or lessee of a pen, or other place on which fowl are located and has control of that place, or who exercises care or control over fowl.(3) "Distributor"--Any person engaged in sales and/or movement of live domestic or exotic fowl between a production system and a live bird market or fowl market or acquires domestic or exotic fowl from multiple flocks or geographic areas for resale to another person.(4) "Domestic Fowl"--Any species of fowl domestically propagated and maintained for food, eggs, or agricultural exhibition and recreation. Domestic Fowl includes, but is not limited to, the various domesticated breeds of chickens (Gallus gallus domesticus), turkeys (Meleagris gallopavo), Domestic Mallard ducks (Anas platyrhynchos domesticus), Muscovy ducks (Cairina moschata domesticus), Domestic geese (Anser anser domesticus).(5) "Exotic fowl"--Any avian species that is not indigenous to Texas, and normally used for non-agricultural purposes, such as companion pets, or for ornamental, exhibition, or entertainment purposes. Exotic Fowl includes, but is not limited to, budgerigars (i.e. budgies or parakeets), canaries, cockatiels, finches, parrots, and other cage birds. Exotic Fowl also includes ratites.(6) "Fowl Market"--location where domestic fowl or domestic and exotic fowl are assembled or concentrated at regular or irregular intervals for sale, trade, barter, or exchange.(7) "Hold Order"--A commission document restricting movement of a flock, unit, or individual fowl pending the determination of disease status.(8) "Live Bird Marketing Distributor"--Any person engaged in sales and/or movement of live domestic or exotic fowl between a production system and a live bird market or fowl market or acquires domestic or exotic fowl from multiple flocks or geographic areas for resale to another person.(9) "Live Bird Market" (LBM)--Any facility on which live domestic fowl or domestic and exotic fowl are congregated to be slaughtered and dressed for sale to the public or local restaurants.(10) "Live Bird Production Unit"--Any production facility that is the origin of live domestic fowl or domestic and exotic fowl offered for sale in a LBM.(11) "Live Bird Marketing System"--Any Live Bird Market, Live Bird Marketing Distributor, or Live Bird Production Unit.(12) "Person"--Any individual, firm, partnership, corporation, estate, trust, fiduciary, or other group or combination acting as a unit.(13) "Premises identification number" (PIN)--A unique official seven (7) character alpha numeric identification code issued under this chapter to identify a specific and unique premises.(14) "Seller"--Any person who sells, trades, exchanges or barters domestic or exotic fowl.(15) "Transporter"--A person that transports, for hire, domestic or exotic fowl from a producer premises to another premises, a live bird market, a fowl market or to another person.</content><note type="source"><p>Source Note: The provisions of this §54.1 adopted to be effective May 1, 2004, 29 TexReg 2628; amended to be effective March 25, 2009, 34 TexReg 1987.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.2"><num value="54.2">§54.2</num><heading>Registration Requirements</heading><content>(a) A seller, distributor, or transporter of live domestic or exotic fowl in this state shall register with the commission. The registration requirements apply to the following groups:(1) a seller who sells:(A) domestic fowl or domestic and exotic fowl at a location, other than the premise of origin, or(B) domestic fowl or domestic and exotic fowl at a location where domestic fowl or domestic and exotic fowl are congregated, or(C) any fowl where it has been epidemiologically determined by the commission to be a high risk for disease.(2) a distributor of domestic fowl or domestic and exotic fowl.(3) a transporter of domestic fowl or domestic and exotic fowl.(b) A person participating in a disease surveillance program recognized by the commission under §54.3 of this chapter is exempt from the registration requirements.(c) Any person intending to operate as a seller, distributor, or transporter of live domestic or exotic fowl, as provided for in subsection (a) of this section, shall obtain a certificate of registration and pay an annual nonrefundable fee. To receive a certificate of registration a person shall complete an application that includes a list of each location at which the person conducts the sale, distribution, or transportation of domestic or exotic fowl. Application forms may be obtained from the Commission. An application for a certificate of registration or a renewal of a certificate of registration is made by submitting a completed application and an annual fee to the Commission. All certificates of registrations shall be issued for a period of one (1) year and shall expire twelve months from the date of issue. Renewal applications shall be completed and submitted 30 days prior to the expiration date.(d) The certificate of registration shall be issued in the name used by the person or entity for transactions involving domestic and exotic fowl. Any change in the name of a registrant or additions or deletions of operation locations shall be promptly submitted to the Commission in writing. The registrant shall maintain proof of registration at each location where the activity takes place.(e) All out of state sellers, distributors, or transporters of live domestic or exotic fowl that transact business in Texas shall register under this chapter.</content><note type="source"><p>Source Note: The provisions of this §54.2 adopted to be effective May 1, 2004, 29 TexReg 2628.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.3"><num value="54.3">§54.3</num><heading>Registration Exemption</heading><content>(a) The commission may exempt from registration a person participating in a disease surveillance program recognized by the commission.(b) The commission recognizes the following disease surveillance programs:(1) National Poultry Improvement Plan ("NPIP") with the "U.S. Pullorum-Typhoid Clean'' ("PT") and "U.S. Avian Influenza Clean" ("LPAI") programs(2) The Texas Poultry Federation Avian Influenza Monitoring Program(3) sellers, distributor or transporter of only fowl classified as baby poultry, at the time of receipt, from NPIP hatchery and accompanied by NPIP Form 9-3, or APHIS Form 17-6.(c) A disease surveillance program not identified in subsection (b) of this section may request approval for recognition provided it contains the following minimum elements:(1) Verifiable disease testing protocol(2) Includes PT and LPAI requirements(3) Specified risk based sample size(d) In order to recognize a disease surveillance program not identified in subsection (b) of this section, a person shall submit a detailed explanation of the surveillance program to the Executive Director for consideration. A decision to recognize a disease surveillance program will be provided to the requestor within 30 days of receipt by the Executive Director.</content><note type="source"><p>Source Note: The provisions of this §54.3 adopted to be effective May 1, 2004, 29 TexReg 2628.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.4"><num value="54.4">§54.4</num><heading>Registration Fee</heading><content>(a) The annual registration fee for a seller shall be based on the maximum number of fowl, during the previous twelve (12) months, being owned or managed by the registrant at any one time:(1) $35.00 for less than 100 fowl.(2) $125.00 for 100 to 499 fowl.(3) $250.00 for 500 through 999 fowl.(4) $400.00 for 1000 to 2,499 fowl.(5) $600.00 for 2,500 fowl or greater.(6) $600.00 for any registrant whose flock does not reside in the state of Texas, except in cases where the out of state registrant provides to the Commission an affidavit certifying a verified maximum flock size, then the registration fee will be the same as the fee for Texas registrants with a corresponding flock size.(b) The annual certificate of registration fee for a distributor or transporter of fowl shall be $600.00.(c) The annual certificate of registration fee for a combination seller, distributor or transporter of fowl shall be $800.00.</content><note type="source"><p>Source Note: The provisions of this §54.4 adopted to be effective May 1, 2004, 29 TexReg 2628; amended to be effective June 23, 2011, 36 TexReg 3712.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.5"><num value="54.5">§54.5</num><heading>Program Requirements</heading><content>(a) Testing:(1) Chickens, turkeys, game birds of all ages, and other domestic fowl offered for public sale shall meet the requirements as provided in §57.11(c) of this title.(2) Chickens, turkeys, and game birds, and other domestic fowl entering Texas from other states shall be accompanied by a certificate of veterinary inspection from the state of origin, and meet the requirements for a pullorum-typhoid test as provided for in §57.11(e) of this title and Avian Influenza test as provided in §51.15(b) of this title.(3) If the agency determines there is exposure to a disease or an agent of transmission of a disease the executive director may require testing under §54.7 of this chapter(b) Inspection: The Commission may make inspections of any premises or vehicle and the domestic or exotic fowl therein and review records to ensure compliance with the requirements of the fowl registration program.(c) Biosecurity:(1) Sanitation--Registrants shall maintain facilities where fowl are kept in clean and sanitary conditions. If there is excessive die off fowl, the facility housing the fowl shall be thoroughly cleaned and disinfected. Cleaning and disinfection shall include removal of organic material, thoroughly washed with soap and water followed by disinfection with a disinfectant approved by the commission.(2) Infection with or exposure to any disease, which is reportable to the Commission under provisions of §45.2 of this title, shall be reported immediately to the Commission.(3) At sales locations fowl shall be kept confined until final disposition and removal from sales site.</content><note type="source"><p>Source Note: The provisions of this §54.5 adopted to be effective May 1, 2004, 29 TexReg 2628.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.6"><num value="54.6">§54.6</num><heading>Recordkeeping</heading><content>(a) Registrants shall keep and maintain records of all domestic fowl, or exotic fowl bought, sold or exchanged.(b) The records shall include the buyer's and seller's name and address, county of origin, date of transaction, number of fowl; and a description of the fowl, including sex, age, color, breed, and any individual identification.(c) An agent of the commission may inspect and copy the registrant records of domestic fowl or exotic fowl transactions. A registrant shall maintain copies of all movement or health status documents which demonstrate compliance with any applicable commission requirements. All registrant records shall be maintained for a minimum of two years from the date of the transaction.</content><note type="source"><p>Source Note: The provisions of this §54.6 adopted to be effective May 1, 2004, 29 TexReg 2628.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.7"><num value="54.7">§54.7</num><heading>Movement and Testing Restrictions</heading><content>(a) Movement and Testing Restrictions: If the agency determines there is exposure to or infection with a disease or an agent of transmission of a disease the movement of exposed or infected fowl shall be restricted, by a quarantine or hold order, to any specified location when an owner or caretaker for fowl has received written notice that movement restrictions are in place. Movement restrictions, by a hold order, may be issued to a person not in compliance with the registration requirements of this chapter. Movement restrictions shall remain in place until the commission determines that the risk of disease transmission no longer exists. The executive director may require testing, vaccination, or another epidemiologically sound procedure in order to control and eradicate the disease and/or require registration prior to authorizing movement from restricted locations.(b) Inspection of Shipment of Fowl: Agent's of the commission are authorized to stop and inspect any shipment of fowl being transported in this state in order to determine if the shipment presents a danger to the public health or fowl industry of the state.</content><note type="source"><p>Source Note: The provisions of this §54.7 adopted to be effective May 1, 2004, 29 TexReg 2628.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.8"><num value="54.8">§54.8</num><heading>Enforcement</heading><content>(a) An offense under Section 161.0411 of the Texas Agriculture Code is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.(b) The commission may impose an administrative penalty against a person who violates a rule or order adopted under this chapter. The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of the penalty shall not be based on a per head basis.</content><note type="source"><p>Source Note: The provisions of this §54.8 adopted to be effective May 1, 2004, 29 TexReg 2628.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c54/sc/s54.9"><num value="54.9">§54.9</num><heading>Live Bird Marketing System</heading><content>(a) Registration/Licensing. Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors shall submit:(1) An application including:(A) Business name and Owner name, address, and telephone number;(B) Hours of operation;(C) Bird capacity, which is based on the maximum number of fowl during the previous 12 months, being owned or managed by the registrant at any one time;(D) Other businesses under the same ownership in the LBM system, including other dealerships, bird transportation businesses, and commercial poultry operations;(E) A list of all avian and non-avian species distributed; and(F) NAIS unique premises identification number.(2) An annual registration fee as provided in §54.4 of this title (relating to Registration Fee).(b) Record Keeping. Requirements for Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors:(1) Are responsible for verifying bird identification, using PIN or Lot identification and maintaining identification and obtaining and maintaining documentation of test-negative status of all birds at the time of their receipt. If records do not accompany the shipment the management is prohibited from allowing those fowl to enter the premises.(2) Records for avian species shall include the date of entry into a LBM, the premises-of-origin identification number, with lot identifier; the number and species of birds in the lot; the distributor license number; the date of sale and a copy of the negative test results for the source flock.(3) These records must be maintained for a minimum of two years. Such records must be made available to State or Federal animal health officials, upon request, during normal business hours.(c) Biosecurity. Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors shall:(1) Develop and follow a biosecurity protocol approved by the Commission. This protocol shall include standards for cleaning & disinfecting (C&D) of facilities, conveyances, and equipment. This protocol shall also call for management practices and physical barriers that prevent migratory water fowl from accessing any water supply being used by or shared with the fowl at the facility.(2) Train all personnel that work for the company in biosecurity by State or Federal personnel or by a trained company representative. Certification of employee training must be maintained in the personnel files for a minimum of two years. Such records must be made available to State or Federal animal health officials, upon request, during normal business hours.(3) Once delivered to a market, birds must be slaughtered and processed before leaving the facility, unless otherwise provided for in the biosecurity protocol.(4) Confine domestic and exotic fowl in a cage, pen or other structure in order to provide a physical barrier at all times so as to keep the fowl separate and apart from all other fowl of infected, exposed or unknown health status and to limit exposure to wild bird populations.(d) Inspections.(1) The Commission may make inspections of any facilities, conveyances, and equipment and the domestic or exotic fowl therein and review records to ensure compliance with the requirements of the fowl registration program.(2) Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors shall allow State and/or Federal animal health officials to have access to records upon request and to permit official inspections and testing of birds, premises, vehicles, and equipment as deemed appropriate by the Commission.(3) Indication or evidence that paperwork received has been altered or that it misrepresents the sources or test status of birds coming into the LBM, the LBMS, or distributor must be reported to a Federal or State animal health official.(e) Avian Influenza Test Requirements. All domestic fowl in a Live Bird Marketing System shall participate in testing for avian influenza virus which shall include but is not limited to using AGID on serum or egg yolk samples from gallinaceous birds, RRT-PCR on tracheal swabs from gallinaceous birds, or virus isolation on cloacal swabs from waterfowl and other birds:(1) Live Bird Markets and Live Bird Marketing System distributors shall be tested:(A) at least quarterly; and(B) may include live birds, environment, conveyances, and crates.(2) All birds provided to a distributor or directly to the LBM must originate from an avian influenza negative flock and must bear or be accompanied by identification to a premises of origin. The categories of production units and the testing requirements for each category are as follows:(A) AI-monitored flock: This is a flock that is tested monthly for AI for at least 3 months using AGID on serum or egg yolk samples from gallinaceous birds, RRT-PCR on tracheal swabs from gallinaceous birds, or virus isolation on cloacal swabs from waterfowl and other birds. At least 30 birds per flock are tested monthly by an approved laboratory.(B) Established flock: This is a flock that has been maintained together for at least 21 days prior to sample collection with no additions to the flock. For an established flock to qualify for the first shipment into the LBM system or to requalify after any breaks in the monthly sample-testing regimen, 30 birds must be tested by AGID or other approved procedure within 10 days prior to movement.(C) Commingled flock: This is a group of poultry from multiple sources that has been assembled for one or more shipments. When untested birds are added to the flock, previous test reports are void and the flock must requalify as an established flock by waiting 21 days before resampling, and then following the protocol as for a nonmonitored flock.(D) Nonmonitored flock: This is a flock that has not been on a program of monthly testing for at least 3 months. To qualify for sale in the LBM system, 30 birds in a nonmonitored flock must have been tested within 10 days of movement.(f) Infected flock. Any Live Bird Marketing System flock where fowl are positive on virus isolation or RRT-PCR for a disease reportable to the Commission under Chapter 45 of this title (relating to Reportable Diseases):(1) Any specimens positive for virus will be submitted to the NVSL for virus isolation and characterization. The premises will be movement restricted by a hold order until results are obtained from the NVSL.(2) Infected flocks will be placed under quarantine, the fowl depopulated, and the facility cleaned and disinfected unless an alternate approach to disease elimination is approved by the Commission. No new fowl may be added to the quarantined flock unless approved by the Commission. A flock plan shall be developed between the flock owner and the Commission addressing the length of time the facility is to remain vacant of fowl, the testing schedule following repopulation, and other details germane to the management of the flock and elimination of disease.(3) RRT-PCR or VI positives at LBMs and distribution facilities will result in trace-backs to a supplier of origin by State or Federal personnel in the State of origin.(g) Violations of these requirements will be handled as provided in §54.8 of this title (relating to Enforcement).</content><note type="source"><p>Source Note: The provisions of this §54.9 adopted to be effective March 25, 2009, 34 TexReg 1987; amended to be effective July 13, 2010, 35 TexReg 6064; amended to be effective June 3, 2014, 39 TexReg 4241.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c55"><num value="55">CHAPTER 55</num><heading>SWINE</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c55/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.1"><num value="55.1">§55.1</num><heading>Testing Breeding Swine Prior to Sale or Change of Ownership</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Breeding Swine--Swine that are sexually intact, parturient, postparturient, or six months of age or older.(2) Change of Ownership--Taking possession of breeding swine as a result of a gift or by some other form of remuneration.(3) Test or Testing--Collection and examination of blood samples taken from swine by using commission or USDA recognized tests for pseudorabies and swine brucellosis.(4) Test Eligible--A term used to describe those sexually intact breeding swine, that are parturient, postparturient, or six months of age or older, are required to be tested for pseudorabies and swine brucellosis. A sow is a female swine which is parturient or postparturient. A boar is an uncastrated male swine 6 months of age or over which is or has been capable of being used for breeding purposes.(5) Commercial Production Swine--Those swine are continuously managed and have adequate facilities and practices to prevent exposure to either transitional production swine or feral swine.(6) High-Risk Domestic Swine--Captive swine located in feral swine areas in which management practices allow for possible disease exposure via direct or indirect feral swine contact. High-risk domestic swine are formerly referred to as transitional or transitional production swine.(7) Farm of Origin--A farm where swine were born or on which they have resided for at least 90 consecutive days immediately prior to movement.(8) Pseudorabies--The contagious, infectious, and communicable disease of livestock and other animals also known as Aujeszky's disease.(9) TAHC Authorized Veterinarian--A veterinarian who is licensed to practice medicine in Texas, Category II accredited by USDA-APHIS-VS and has satisfactorily completed TAHC disease control or eradication program training pursuant to 4 TAC Chapter 47.(b) Testing Prior to Change of Ownership.(1) All breeding swine shall test negative for pseudorabies and swine brucellosis within 30 days prior to change of ownership in Texas. Swine from herds with a current disease-free status are exempt from this test requirement.(2) TAHC or USDA-APHIS-VS regulatory personnel or a TAHC Authorized Veterinarian shall collect and test blood samples using procedures referenced in current national disease program standards.(3) Breeding swine from which blood was collected at a livestock market may be moved from the market to a recognized slaughter facility without receiving test results. No permit or hold order is required for movement to a recognized slaughter facility.(4) Breeding swine from which blood was collected at a livestock market may be moved from the market to the buyer's premises under hold order pending results of the test and should be isolated from other swine until the hold order is released.(5) Each animal tested shall be officially identified by a USDA Veterinary Services approved identification eartag (metal, plastic, or other) that conform to the nine-character alphanumeric National Uniform Eartagging System.</content><note type="source"><p>Source Note: The provisions of this §55.1 adopted to be effective September 6, 1998, 23 TexReg 8831; amended to be effective March 16, 2005, 30 TexReg 1441; amended to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.2"><num value="55.2">§55.2</num><heading>Restricted Use of Modified Live Virus Classical Swine Fever Vaccine</heading><content>Unless authorized by the Texas Animal Health Commission, the use of modified live virus classical swine fever vaccine is restricted for any reason by any person within the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §55.2 adopted to be effective January 1, 1976; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.3"><num value="55.3">§55.3</num><heading>Feeding of Garbage Requirements and Garbage Feeding Facility Permit</heading><content>(a) In addition to the definitions set forth in the Texas Agriculture Code, Chapter 165, Chapter 55 of this title (relating to Swine), and Chapter 35 Subchapter B of this title (relating to Brucellosis), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Restricted garbage--includes the animal refuse matter and the putrescible animal waste resulting from handling, preparing, cooking, or consuming food containing all or part of an animal carcass; the animal waste material by-products or commingled animal and vegetable waste material by-products of a restaurant, kitchen, cookery, or slaughterhouse; and refuse accumulations of animal matter or commingled animal and vegetable matter, liquid or otherwise.(2) Unrestricted garbage--includes the vegetable, fruit, dairy, or baked goods refuse matter and vegetable waste and refuse accumulations resulting from handling, preparing, cooking, or consuming food containing only vegetable matter, liquid or otherwise.(3) Person--includes any individual, partnership, association, corporation, company, joint stock association, governmental subdivision, public or private organization of any character, body politic or any organized group of persons, whether incorporated or not; including any trustee, receiver, assignee, or similar representative thereof.(b) A person is prohibited from feeding restricted garbage to swine or providing restricted garbage to any person for the purpose of feeding swine, except a facility operated by the Texas Department of Criminal Justice may feed restricted garbage to swine if the garbage is properly treated in accordance with applicable federal requirements.(c) A person may feed unrestricted garbage to swine only if the person first registers with and secures a permit from the commission.(1) Each location where unrestricted garbage is fed to swine shall be registered with the commission.(2) Registered locations shall be issued a permit upon compliance with the requirements contained in this section.(3) Feral swine shall not be fed on the premises of a registered location.(4) Prior to registration/re-registration approval, a swine brucellosis and pseudorabies negative test may be required on all breeding swine based on the outcome of a disease risk analysis of the herd. Tests for other diseases may be conducted on the samples collected for registration approval or renewal.(5) An annual disease risk analysis shall be conducted by a state or federal inspector on each registered location.(6) As determined by an analysis of risk for swine brucellosis and pseudorabies and other diseases of concern that may be transmitted among swine or to other species of livestock, the commission may require a test or tests of swine on the registered location at any time the commission determines that the risk is sufficient to warrant a test.(d) Garbage feeding permit.(1) Permits are valid for two years from the date of issuance.(2) Application for a permit shall be submitted on a form prescribed by the commission providing at least the following information:(A) Name, address and telephone number of the applicant;(B) Physical location of the garbage feeding facility;(C) Type of garbage to be fed; and(D) Name, address and telephone number of the source for garbage or potential garbage received.(3) Renewal. To renew a garbage feeding facility permit, a person must submit an application on a form prescribed by the commission 30 to 60 days prior to the expiration of the permit:(A) A disease risk analysis shall be conducted by the commission on each registered location 30-60 days prior to expiration of the permit.(B) If an application for the renewal of a permit is not properly completed between 30 and 60 days prior to its expiration, the permit will terminate at the end of its stated term.(C) A permit expiration date may be extended if the renewal application is pending completion due to the disease risk analysis and any required testing resulting from the analysis.(D) The commission may revoke or deny renewal of a permit if a garbage feeding facility fails to meet the requirements of this section or violates any provision of Chapters 161 or 165 of the Texas Agriculture Code. The revocation or denial will remain in effect until the deficiencies causing the revocation or denial are corrected and any penalties assessed as a result of the revocation or denial are satisfied. The garbage feeding facility permit may be revoked for blatant or repetitive violation(s) of this section or Chapters 161 or 165 of the Texas Agriculture Code.(e) Inspection authority.(1) For the purpose of inspection, examination, or sampling, commission representatives are entitled to enter at reasonable hours any building or place owned, controlled, or operated by a permitted person if from probable cause it appears that the building or place is in the business of feeding garbage to swine.(2) A commission representative shall perform inspections of applicants for registration at a time when normal feeding activities can be observed.(f) Facilities.(1) Garbage shall not be fed on the ground.(2) If feeding platforms are used, there must be watertight platform space of at least three square feet to feed each hog.(3) If troughs are used, at least one linear foot must be supplied for each hog to be fed.(g) Records: The permit holder shall maintain a daily log reflecting the amount of garbage collected and the sources of such garbage. A copy of the log shall be provided to a commission representative upon request during normal business hours. The log shall be maintained for one year from the date of entry.(h) Sanitation(1) Water.(A) There shall be a sufficient supply of water for cleaning.(B) There shall be a sufficient supply of clean water available for swine to drink at all times.(C) Shelters and feeding areas shall be constructed to provide for satisfactory drainage.(2) Rodent and Pest Control.(A) Effective fly and rodent control measures shall be used.(B) Containers used to transport or store garbage shall be closed and sufficiently sealed to prevent access by rodents or insects. These containers shall be kept clean and free from accumulations of grease or foreign matter.(3) Excess garbage shall be removed from the premises, and shall not remain on the premises over 36 hours. Unused, excess, or spoiled garbage shall be buried or burned and shall under no circumstances be poured or dumped in the feeding or cooking area.(4) Animal carcasses shall be removed from the registered location premises promptly and disposed of in accordance with §59.12 of this title and applicable state and local ordinances.(i) In addition to any other violations that may arise under the act or this chapter, it is a violation for any person to falsify an application.</content><note type="source"><p>Source Note: The provisions of this §55.3 adopted to be effective December 11, 2001, 26 TexReg 10047; amended to be effective June 11, 2008, 33 TexReg 4501; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.4"><num value="55.4">§55.4</num><heading>Livestock Markets Handling Swine</heading><content>(a) An official backtag is a United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) approved identification backtag. The backtag must conform to the national uniform tagging system and uniquely identify each individual animal with alphanumeric identification.(b) Livestock markets that handle feeder or breeding swine must have well-constructed, well-lighted, concrete or other approved imperviously surfaced pens. If adequate pens are not constructed at any market, no further sales of feeder or breeding swine shall be permitted at that market.(c) Feeder and breeding swine must be maintained separately from slaughter swine. Feeder and breeding swine must be sold before the sale ring is used for slaughter swine.(d) No feeder or breeding swine may remain in the livestock market for more than 72 hours. No slaughter swine may remain in the livestock market for more than 120 hours (five days).(e) No slaughter swine shall be released from the livestock market unless the slaughter swine are:(1) consigned for immediate slaughter; or(2) consigned to one other livestock market for sale only to slaughter as long as dealer records are maintained on both the buyer and seller, and swine are moved under permit when moving from markets that are not approved under 9 CFR §71.20.(f) When there is evidence of classical swine fever within a livestock market, all swine therein shall be immediately quarantined. No swine movement into, out of, or within the market shall be allowed until permitted by a representative of the commission.(g) Market identification with an official backtag is required on all test eligible swine in each consignment to a livestock market. The market shall record the following information on each consignment to the market:(1) full name, street address and/or route address and zip code of the owner or caretaker of the swine at the time of delivery to the market;(2) backtag number with prefix for each head of swine; and(3) delivery vehicle license number.(h) Requirements for testing test-eligible swine at the market.(1) Blood samples shall be collected from test-eligible swine that are sold for testing for swine brucellosis and pseudorabies. These samples may be collected either prior to or after sale but prior to leaving the market.(2) If result of the blood test is unknown prior to leaving the market, swine may be moved to the buyer's premises under permit and hold order pending result of that test.(3) Swine that originate directly from a herd with a recognized free status for that disease or if they were tested negative within the previous 30 days are exempt from the testing requirement. Proof of a disease-free status or negative test must be presented at time of sale.(4) Each animal(s) tested shall be officially identified by a USDA Veterinary Services approved identification eartag (metal, plastic, or other) that conform to the nine-character alphanumeric National Uniform Eartagging System and an official backtag.(5) Pursuant to §55.8 this title, the market shall maintain official backtag information correlating the backtag number to both the seller and the buyer of those swine for a minimum of two years from the date of the transaction.(6) At the time of blood sample collection, a swine test chart (TAHC Form 91-26 or VS Form 4-54S) shall be completed in its entirety.</content><note type="source"><p>Source Note: The provisions of this §55.4 adopted to be effective January 1, 1976; amended to be effective July 1, 1990, 15 TexReg 3085; amended to be effective October 15, 1995, 20 TexReg 7483; amended to be effective July 16, 1997, 22 TexReg 6733; amended to be effective September 6, 1998, 23 TexReg 8831; amended to be effective March 16, 2005, 30 TexReg 1441; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.5"><num value="55.5">§55.5</num><heading>Pseudorabies</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless indicated otherwise.(1) Approved feeder-pig market--A livestock market where only feeder pigs from the following herds of origin are accepted for sale in accordance with federal interstate regulations and applicable provisions of the federal program standards:(A) All swine must originate in a qualified pseudorabies-negative herd;(B) All swine must originate in a pseudorabies-monitored feeder-pig herd;(C) Each animal must have an official 30-day pseudorabies serologic test; or(D) All swine must originate from a state that has achieved Pseudorabies Eradication Program status of Stage IV or V.(2) Approved slaughter market--A livestock market at which shipments of slaughter swine only are permitted in accordance with applicable state and federal regulations. No swine may be released from an approved slaughter market unless consigned directly to a recognized slaughtering establishment for immediate slaughter.(3) Commercial Production Swine (Commercial Swine)--Those swine that are continuously managed and have adequate facilities and practices to prevent exposure to either high-risk domestic (transitional production) swine or feral swine.(4) Commission--Texas Animal Health Commission.(5) Continuous flow feeder facility--A premises where there is a constant population of swine in various stages of finish, being fed for slaughter purposes.(6) Direct shipment--Movement without unloading en route, without contact with swine of lesser pseudorabies status, and without contact with infected or exposed livestock.(7) Executive Director--Executive Director of the Texas Animal Health Commission.(8) Farm of origin--A farm where the swine were born or on which they have resided for at least 90 consecutive days immediately prior to movement.(9) Infected Herd--Any herd in which any swine have been determined to be infected with pseudorabies virus by a designated State or Federal veterinarian whose diagnosis is supported by official pseudorabies test results.(10) Official random-sample test (95/5)--A sampling procedure utilizing official pseudorabies serologic tests which provides a 95% probability of detecting infection in a herd in which at least 5.0% of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows:(A) less than 100 head--test 45 or entire herd, whichever is the smaller;(B) 100-200 head--test 51;(C) 201-999 head--test 57;(D) 1,000 head and over--test 59.(11) Official pseudorabies tests--Tests for the diagnosis of pseudorabies approved by USDA-APHIS-VS. Those tests are:(A) microtitration serum-virus neutralization;(B) virus isolation and identification;(C) fluorescent antibody tissue section;(D) Enzyme Linked Immunosorbent Assay (ELISA), specifically PRV-gB-ELISA or PRV-gpI-ELISA;(E) latex agglutination; and(F) Particle Concentration Fluorescence Immunoassay (PCFIA), including the gpI PCFIA test.(12) High-Risk Domestic Swine--Captive swine located in feral swine areas in which management practices allow for possible exposure via direct or indirect feral swine contact. High-risk domestic swine are formerly referred to as transitional or transitional production swine.(b) Commercial Swine. To qualify as a producer of commercial swine, the producer must implement sufficient safeguards, including, but not limited to management practices, perimeter fencing, and confinement to prevent commingling and nose to nose contact with feral or high-risk domestic swine. Feral swine shall not be commingled with commercial swine.(c) Animal Identification. Breeding swine sold or destined for slaughter are required to be identified to the farm of origin using a method recognized by the commission.(d) Movement Restrictions: All herds suspected of pseudorabies will be placed under movement restrictions and investigated pending final determination. Final determination of the presence or absence of pseudorabies in a herd shall be made by the investigating veterinarian in consultation with an epidemiologist designated by the Executive Director. Official diagnosis shall be based on an official pseudorabies.(e) Pseudorabies Management of Infected, Exposed or Area Herds.(1) If an animal is determined to be infected with pseudorabies, it shall be identified by placing an approved reactor tag in the left ear. The infected herd shall be disposed of within 15 days after test results are reported. Disposition may include destruction or permitted movement to slaughter by a VS Form 1-27.(2) Following a determination that a herd is infected, a herd plan to eradicate the disease from a swine herd will be developed. The plan shall be developed by a State or Federal veterinarian in consultation with the herd owner or caretaker and his or her veterinarian. The plan shall include provisions for release of quarantine as specified in this subsection. The plan developed by the commission shall be final and the owner or caretaker will be provided a copy.(3) All exposed herds will be placed under movement restrictions, using a quarantine or hold order, until negative diagnostic test results are determined.(4) All swine herds within a 2.0 mile radius of infected premises will be monitored either by a test of all breeding swine or an official random sample test. All exposed swine herds as determined by epidemiological investigation and all swine herds within 2 miles of the new case shall be tested with an official random-sample test (95/5). Testing of the herds must be accomplished, with negative test results, no earlier than 30 days and no later than 60 days after depopulation of the affected herd and of the premises.(5) Swine showing clinical signs of pseudorabies shall not be removed from the premises. Swine on a quarantined premises not showing clinical signs of pseudorabies may be moved only directly to a slaughter plant and accompanied by a permit issued by a state or federal inspector, or may be shipped directly to a slaughter plant in an official sealed vehicle when accompanied by a permit.(6) Vehicles used for slaughter delivery of movement-restricted swine will be cleaned and disinfected immediately after unloading and prior to loading with other livestock.(7) Movement restrictions will be released in the following instances:(A) when all reactor animals have been removed from the premises;(B) when there have been no clinical signs of pseudorabies on the premises after removal of the reactor swine; and(C) when all exposed swine over six months of age along with a number of progeny equal to 20% of the breeding swine selected from the oldest portion of swine under six months of age remaining in the herd have withstood one negative herd test. The test must be conducted not less than 30 days from removal of last infected animals. Herd additions must be tested negative prior to being added to the herd, remain on the premises 30 or more days, and be retested negative; or(D) when all swine on the premises are depopulated; the premises is cleaned and disinfected under the direction of state or federal personnel and 30 days have passed with no swine on the premises following cleaning and disinfecting.(f) Pseudorabies Vaccine.(1) Vaccination of swine with a pseudorabies vaccine is prohibited without written permission of the Executive Director. Written permission may be granted only for use in high-risk herds or as part of an approved herd cleanup plan.(2) Approved pseudorabies vaccine shall be a product for which there is a laboratory test approved by the Executive Director available to differentiate between vaccine and field infection titers.(3) The Executive Director will restrict the sale of approved pseudorabies vaccine to a TAHC Authorized Veterinarian for use only in infected and high-risk herds. The Executive Director will request a specific number of doses of vaccine to be shipped to the TAHC Authorized Veterinarian making the request.(4) The herd owner will sign a memorandum of understanding with the commission, and the TAHC Authorized Veterinarian will be accountable for the vaccine and its use by signing an agreement to this effect.(5) All vaccinated animals shall be marked with a hole punched in the left ear of not less than 1/2 inch in diameter at the time of vaccination or other form of identification approved by the commission.(6) The movement restrictions will be released as provided for in this section utilizing an approved test that will identify vaccine titers.(g) Qualified pseudorabies negative herd.(1) Qualified pseudorabies negative herd status is attained by 100% testing of the adult breeding herd over six months of age plus a number of progeny equal to 20% of the breeding swine population in the herd and finding them negative to an official pseudorabies serologic test. Progeny shall be randomly selected from the oldest swine in the herd less than six months of age. The herd must not have been a known infected herd within the past 30 days. A minimum of 90% of the swine in the herd must have been on the premises and part of the herd for at least 90 days prior to the qualifying official pseudorabies serologic test or have entered directly from another qualified pseudorabies negative herd.(2) Qualified pseudorabies negative herd status is maintained by conducting an official pseudorabies serologic test at least once each year on at least 80% of the swine over six months of age and on a number of progeny equal to 20% of the breeding swine population of the herd. All swine tested shall be randomly selected and in the case of adult swine, representative of all age groups on the premises. This must be accomplished by testing 25% of the required breeding swine and progeny every 80 to 105 days and finding all swine so tested negative, or by testing 10% of the required breeding swine and progeny each month and finding all swine so tested negative. No swine shall be tested twice in one year to comply with the 25% requirement or twice in 10 months to comply with the 10% requirement.(3) If on a qualifying official pseudorabies serologic test or any subsequent official pseudorabies test, any swine are tested positive, qualified pseudorabies negative herd status is suspended until the infection status of the herd is determined through testing and an epidemiological study of the herd. Before qualified pseudorabies negative herd status may be attained or regained, all seropositive swine must be sold for slaughter and the herd tested and released from movement restrictions as provided for in subsections (e) and (g) of this section.(4) All swine intended to be added to a qualified pseudorabies negative herd shall be isolated until the swine are tested negative on two official pseudorabies serologic tests, one conducted 30 days or more after the swine have been placed in isolation and the second conducted 30 days or more after the first test, unless any of the following exceptions apply:(A) Swine intended to be added to a qualified pseudorabies negative herd directly from another qualified pseudorabies negative herd may be added without isolation or testing;(B) Swine intended to be added to a qualified pseudorabies negative herd from another qualified pseudorabies negative herd, but with interim contact with swine other than those from a single qualified pseudorabies negative herd, shall be isolated until the swine have been found negative to an official pseudorabies serologic test, conducted 30 days or more after the swine have been placed in isolation; or(C) Swine returned to the herd after contact with swine other than those from a single qualified pseudorabies negative herd shall be isolated until the swine have been found negative to an official pseudorabies serologic test conducted 30 days or more after the swine have been placed in isolation.(5) Test records will be maintained by the commission at its Central Office. Herd owners or caretakers will receive a letter from the Executive Director's designee listing test dates, test results, the laboratory in which the test was run, and the qualified herd status of the herd.(h) Requirements for a pseudorabies-monitored feeder-pig herd. To qualify as a pseudorabies-monitored feeder-pig herd, breeding swine must sample and test negative to an official pseudorabies serologic test during the last 12 months at the following rate:(1) 10 head--test all;(2) 11 to 35 head--test 10;(3) 36 head or more--test 30% or 30, whichever is less. Breeding swine that are tested are to be selected at random from all age groups, including herd boars, with all groups to be proportionately represented.(i) Requirements for continuous flow feeder facilities in which there are no breeding animals on the premises. When provisions of the State-Federal-Industry Program Standards for Pseudorabies Eradication require surveillance testing of these feeder facilities for advancement of the state to the next stage of the eradication program, one of the following methods will be used to satisfy this requirement.(1) Collection of blood from a random sample of swine in the feeder facility in the following representation:(A) less than 100 head in the feeder facility--test 25;(B) 100-200 head--test 27;(C) 201-999 head--test 28;(D) 1,000 head and over--test 29.(2) Collection of blood from swine consigned from a feeder facility at slaughter using the criteria shown in paragraph (1) of this subsection, to determine the number of swine to be tested.(j) Owner assistance. If ordered by the commission or its representative, the owner or caretaker of swine shall submit the swine and furnish labor and facilities used in normal operation in order that the swine may be tested, vaccinated, or otherwise handled in accordance with this chapter.</content><note type="source"><p>Source Note: The provisions of this §55.5 adopted to be effective January 2, 1978, 2 TexReg 4908; amended to be effective September 10, 1979, 4 TexReg 3080; amended to be effective July 1, 1990, 15 TexReg 3087; amended to be effective September 28, 1990, 15 TexReg 5360; amended to be effective November 22, 1991, 16 TexReg 6291; amended to be effective July 20, 1992, 17 TexReg 4750; amended to be effective August 15, 1995, 20 TexReg 5500; amended to be effective March 16, 2005, 30 TexReg 1441; amended to be effective June 12, 2013, 38 TexReg 3541; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.6"><num value="55.6">§55.6</num><heading>Entry Requirements</heading><content>All swine must meet the requirements contained in §51.14 of this title (relating to Entry Requirements).</content><note type="source"><p>Source Note: The provisions of this §55.6 adopted to be effective October 15, 1987, 12 TexReg 3549; amended to be effective April 14, 1989, 14 TexReg 1581; amended to be effective July 1, 1990, 15 TexReg 3088; amended to be effective October 9, 1992, 17 TexReg 6444; amended to be effective January 5, 1994, 18 TexReg 9845; amended to be effective July 16, 1997, 22 TexReg 6734; amended to be effective September 6, 1998, 23 TexReg 8831; amended to be effective October 16, 2003, 28 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.7"><num value="55.7">§55.7</num><heading>Slaughter Plant Requirements</heading><content>(a) Slaughter plants that slaughter sows and boars shall:(1) maintain records of sows and boars to allow tracing to their herd of origin, including, but not limited to, swine identification, packer's lot number, seller's name and address, and number of swine for at least two years;(2) collect blood samples from carcasses of all sows and boars that can be traced to a farm of origin;(3) enter individual swine identification on the VS Form 4-54S or TAHC Form 91-26 in relation to the samples collected and submit the blood samples with the completed VS Form 4-54S or TAHC Form 91-26 to the designated state diagnostic laboratory for swine brucellosis and pseudorabies tests;(4) submit daily slaughter sheets and the completed test record (VS Form 4-54S or TAHC Form 91-26) to the commission-designated state diagnostic laboratory showing the identification of each animal to the person or firm from which the swine were secured (full name and address); and(5) make records available to a commission representative upon request.(b) Collection of samples at slaughter plants.(1) Veterinarians, authorized slaughter plant employees, or regularly employed representatives of the Texas Animal Health Commission or the United States Department of Agriculture are authorized to collect blood samples to conduct tests for swine brucellosis and pseudorabies.(2) The slaughter plant is responsible for mailing blood samples and records to the commission-designated state diagnostic laboratory within 24 hours following collection.</content><note type="source"><p>Source Note: The provisions of this §55.7 adopted to be effective September 28, 1990, 15 TexReg 5361; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.8"><num value="55.8">§55.8</num><heading>Dealer Recordkeeping</heading><content>(a) Definitions. Dealer:(1) any person engaged in the business of buying or selling swine in commerce on his own account, as an employee or agent of the vendor, the purchaser, or both, or on a commission basis;(2) shall not include a person who buys or sells swine as part of his own bona fide breeding, feeding, or stocker operations but does include livestock markets and commission merchants.(b) Requirements of dealer recordkeeping. Any dealer, auctioneer, or commission firm must maintain records of swine handled. Such records shall show the seller's and buyer's name and address, county of origin, number of animals, breed, and sex with some form of individual identification numbers. Records at auctions and commission firms shall show the delivery vehicle license number. All dealer records must be maintained for a minimum of two years after the date of the transaction.</content><note type="source"><p>Source Note: The provisions of this §55.8 adopted to be effective September 28, 1990, 15 TexReg 5361; amended to be effective July 20, 1992, 17 TexReg 4750.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.9"><num value="55.9">§55.9</num><heading>Feral Swine Requirements, Facility Approval and Authorization</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Approved holding facility--A pen or pens approved by the commission to temporarily hold feral swine pending movement to a recognized slaughter facility, an authorized hunting preserve, or another approved holding facility.(2) Authorization--The required written and signed commission documents to show compliance with the requirements of the chapter.(3) Authorized Hunting Preserve--Land where feral swine are authorized to be released for the purpose of hunting.(4) Domestic Swine--Swine (Sus scrofa) other than feral swine.(5) Feral swine--Swine that have lived all (wild) or any part (feral) of their lives free-roaming.(6) Free-Roaming--Not confined by man to pens, houses or other facilities designed to hold swine and prevent their escape.(7) Recognized slaughter facility--A slaughter facility operated under the state or federal meat inspection laws and regulations. (8) Swine-Proof Fence--A fence constructed to sufficient construction standards with materials of hog-proof net, woven or welded wire and wood, metal or other approved posts and maintained to prevent the ingress and egress of feral swine.(b) Required Authorization for Movement of Feral Swine. These requirements apply to any person who traps feral swine and moves live feral swine from the premises where the feral swine were trapped or otherwise captured. Movement of live feral swine is prohibited unless authorized by paragraphs (1) - (7) of this subsection:(1) The feral swine are moved directly from the premises where the feral swine were trapped to a recognized slaughter facility;(2) The feral swine are moved directly from the premises where the feral swine were trapped to an approved holding facility;(3) The feral swine are moved directly from the premises where the feral swine were trapped to an authorized hunting preserve;(4) The feral swine are moved from an approved holding facility to a recognized slaughter facility;(5) The feral swine are moved from an approved holding facility to an authorized hunting preserve;(6) The feral swine are moved from an approved holding facility to another approved holding facility;(7) Feral swine that have been trapped and are held for transportation to an authorized location, as provided by this subsection, may be held in an escape-proof cage on the vehicle or trailer that transported them from the premises where they were trapped, or held within the transport trailer itself for up to seven days.(c) Approved Holding Facility.(1) To hold live feral swine at a location other than the premises where the feral swine were trapped or otherwise captured, a person must apply and receive commission authorization to become an approved holding facility. Authorization is required for each holding facility.(2) Written approval for a feral swine holding facility may be given after an initial inspection by commission personnel determines that the facility meets the following criteria:(A) The facility has a swine-proof fence constructed to prevent any feral swine from escaping and continually maintained by the owner and/or operator to prevent the ingress and egress of feral swine;(B) The facility shall not be located within two hundred yards of any domestic swine pens;(C) Only feral swine may be placed in the facility;(D) Records shall be maintained by the registrant as provided in paragraph (4) of this subsection, and the facility must provide records when requested or inspected;(E) Feral swine shall not be commingled with domestic or exotic swine;(F) Feral swine shall not be fed any garbage or waste as it is defined in Chapter 165 of the Texas Agriculture Code;(G) Animal carcasses shall be removed from the approved holding facility promptly and disposed of in accordance with §59.12 of this title and applicable state and local ordinances, or at the direction of commission personnel; and(H) Feral swine shall only be moved from the facility directly to a recognized slaughter facility, an authorized hunting preserve, or another approved holding facility.(3) Application for Approved Holding Facility. Application and renewal for an approved holding facility shall be on a form prescribed by the commission and include at least the following information:(A) Name, address and telephone number of applicant;(B) Facility name, physical location, county, directions to facility, telephone number;(C) Diagram of the surrounding areas and the pens;(D) Facility photos, including pens;(E) Signature of the owner or operator;(F) The authorization is valid for two years from the date of issuance and shall expire on the two year anniversary date of the date of issuance unless reauthorized; and(G) Reauthorization of the approved holding facility shall be completed between 30 and 60 days prior to the expiration date.(4) Recordkeeping.(A) Owners and operators of approved holding facilities and authorized hunting preserves shall generate and maintain the following records:(i) The number of swine placed in and removed from the facility and/or preserve;(ii) The approximate weight, size, color, sex and any applied identification for each feral swine;(iii) Dates feral swine were placed into and/or removed from the holding facility or hunting preserve;(iv) The physical location where feral swine were trapped; and(v) The physical location that feral swine were moved to, including any unique identification number.(B) The records shall be provided to an authorized agent of the commission upon request. Records shall be kept and maintained for not less than five years from the date the record was generated.(5) The commission may suspend or revoke the authorization for an approved holding facility if the owner or operator fails to generate, maintain or provide records on feral swine as provided in paragraph (4) of this subsection, fails to maintain swine-proof fences to prevent the ingress and egress of feral swine, or violates any provision of this chapter or Chapter 161 of the Agriculture Code. The suspension will remain in effect until the deficiencies causing the suspension or revocation are corrected and any penalties assessed as a result of the suspension are satisfied. The commission will notify the preserve in writing when the suspension has been lifted. The authorization of a holding facility may be revoked for blatant or repetitive violation(s) of this chapter or Chapter 161 of the Texas Agriculture Code.(d) Authorized Hunting Preserve.(1) To trap, move, and release live feral swine, a person must apply and receive commission authorization for a hunting preserve. Authorization is required for each hunting preserve.(2) If feral swine are to be trapped and moved for release to a hunting preserve, the hunting preserve shall meet the following requirements:(A) Only male feral swine (i.e. boars and/or barrows) may be trapped, moved and released on a hunting preserve;(B) Any feral swine released must be individually identified with an official USDA tag, RFID tag, or other commission-approved form of identification prior to release;(C) Records shall be generated and maintained as provided in subsection (c)(4) of this section;(D) Have a Hunting Lease License with the Texas Parks and Wildlife Department and the license must be current and in good standing with that agency, as provided for in Chapter 43 of the Texas Parks and Wildlife Code;(E) Be enclosed by a swine-proof fence maintained continually to prevent the ingress and egress of feral swine;(F) Feral swine shall not be fed any garbage or waste as defined in Chapter 165 of the Texas Agriculture Code; and(G) The commission may suspend or revoke the authorization of a hunting preserve if owner or the operator fails to generate, maintain or provide records on feral swine as provided in subsection (c)(4) of this section, sufficient fences are not maintained, or violates any provision of this chapter or Chapter 161 of the Texas Agriculture Code. The suspension will remain in effect until the deficiencies causing the suspension or revocation are corrected and any penalties assessed as result of the suspension are satisfied. The commission will notify the preserve in writing when the suspension has been lifted. The authorization for a hunting preserve may be revoked for blatant or repetitive violation(s) of this chapter or Chapter 161 of the Texas Agriculture Code.(3) Application for Authorized Hunting Preserve.(A) Applications shall be completed on a form prescribed by the commission, which includes the following information:(i) Name, mailing address and telephone number of the applicant;(ii) Physical location, county, directions to the facility, and facility telephone number;(iii) A current copy of the Hunting Lease License issued by Texas Parks and Wildlife Department; and(iv) Signature of the owner or operator stating that the facility fences meet the requirements of a swine-proof fence as contained in subsection (a) of this section.(B) The authorization is valid for two years from the date of issuance. The authorization shall expire on the two year anniversary date of the date of issuance unless reauthorized. Reauthorization of the hunting preserve shall be completed between 30 and 60 days prior to the expiration date.(C) The commission may revoke or deny reauthorization of a permit.(D) Commission personnel may perform inspections of the facility, and the facility must continually meet the requirements of this chapter.(e) Change in Classification of Feral Swine. Free-roaming swine may qualify for reclassification as domestic swine upon completion of the following test protocol:(1) Three consecutive official tests for swine brucellosis and pseudorabies shall be conducted on all swine in the herd unit in order to qualify for reclassification. Negative results are required. The first test must be at least 30 days after any reactor swine have been removed and slaughtered and the second test must be 60 to 90 days after the first test. A third test is required 60 to 90 days following the second negative results; and(2) In addition to the requirements in paragraph (1) of this subsection, any sexually intact female swine must also test negative for swine brucellosis and pseudorabies not less than 30 days after their initial farrowing.(f) Testing. Feral swine that test positive for swine brucellosis and/or pseudorabies shall be handled in accordance with the requirements for swine brucellosis, as contained in Chapter 35, Subchapter B of this title (relating to Eradication of Brucellosis in Swine) and for pseudorabies as contained in Chapter 55 of this title (relating to Swine).(g) Inspection Authority.(1) A commission representative may enter public or private property for the exercise of an authority or performance of a duty under this chapter or Chapter 161 of the Texas Agriculture Code.(2) A commission representative shall perform periodic inspections of authorized facilities and locations, and records related thereto, to ensure compliance with the requirements under this chapter or Chapter 161 of the Texas Agriculture Code.(h) In addition to any other violations that may arise under this chapter, it is a violation for any person to falsify an application.</content><note type="source"><p>Source Note: The provisions of this §55.9 adopted to be effective October 1, 2008, 33 TexReg 6796; amended to be effective June 30, 2015, 40 TexReg 4212; amended to be effective October 21, 2021, 46 TexReg 7044.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c55/sc/s55.10"><num value="55.10">§55.10</num><heading>Enforcement and Penalties</heading><content>(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161 and Chapter 165 of the Texas Agriculture Code.(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.</content><note type="source"><p>Source Note: The provisions of this §55.10 adopted to be effective October 21, 2021, 46 TexReg 7044.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c56"><num value="56">CHAPTER 56</num><heading>GRANTS, GIFTS AND DONATIONS</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c56/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.1"><num value="56.1">§56.1</num><heading>Purpose</heading><content>The purpose of this chapter is to establish rules for acceptance of private donations and to establish standards of conduct to govern the relationships between commissioners and employees of the Texas Animal Health Commission and private donors.</content><note type="source"><p>Source Note: The provisions of this §56.1 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.2"><num value="56.2">§56.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Texas Animal Health Commission.(2) Commissioner--A member of the commission appointed by the Governor.(3) Employee--A regular, acting, or exempt, full- or part-time employee of the commission.(4) Executive director--The Executive Director of the Texas Animal Health Commission.(5) Private donor--One or more individuals or organizations that offer and/or give gifts or donations, in whatever form, to the commission.</content><note type="source"><p>Source Note: The provisions of this §56.2 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.3"><num value="56.3">§56.3</num><heading>Acceptance of Grants, Gifts and Donations</heading><content>(a) The executive director, on behalf of the commission, may accept gifts, grants, and donations upon a determination that the donation is for purposes consistent with Texas Agriculture Code, Chapter 161.(1) The executive director shall report all accepted gifts and donations to the commissioners.(2) If the value of the donation is $500 or more, the commissioners must, by a majority vote during an open meeting, acknowledge the donation no later than the 90th day after the date it is accepted. The minutes of the open meeting will reflect the acknowledgement by recording the name of the donor, a description of the gift, and a general statement of the purpose for which the gift will be used.(b) Donations of real property (real estate) shall be accepted by the commission only upon authorization of the legislature.(c) The commission shall report to the legislature by December 31 of each year the source and amount of each grant, gift, and donation received under this section.</content><note type="source"><p>Source Note: The provisions of this §56.3 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.4"><num value="56.4">§56.4</num><heading>Solicitation</heading><content>The commission may solicit grants, gifts, and donations limited to purposes consistent with Chapter 161 of the Texas Agriculture Code and in accordance with §56.6 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §56.4 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.5"><num value="56.5">§56.5</num><heading>Restricted/Unrestricted Donations</heading><content>(a) Donations to the commission may be for any amount and for specified or unspecified purposes.(b) Conditional or restricted donations for purposes specified by the donor may be accepted only if the specified purpose is consistent with the mission, purpose, legal authority, and goals of the commission. Upon acceptance, restricted donations shall be used only for purposes specified by the donor.(c) Unconditional donations shall be used to carry out the approved purposes of the commission, consistent with state laws and these rules.</content><note type="source"><p>Source Note: The provisions of this §56.5 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.6"><num value="56.6">§56.6</num><heading>Standards of Conduct Between Commissioners or Employees and Private Donors</heading><content>(a) A commissioner or employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence the commissioner's or employee's official conduct.(b) A commissioner or employee shall not accept employment or engage in any business or professional activity with a private donor that the commissioner or employee might reasonably expect would require or induce the commissioner or employee to disclose confidential information acquired by reason of the commissioner's or employee's official position.(c) A commissioner or employee shall not accept other employment or compensation from a private donor that could reasonably be expected to impair the commissioner's or employee's independence of judgment in the performance of the commissioner's or employee's official duties.(d) A commissioner or employee shall not make personal investments in association with a private donor that could reasonably be expected to create a substantial conflict between the commissioner's or employee's private interest and the interest of the commission.(e) A commissioner or employee shall not solicit, accept, or agree to accept any benefit for having exercised the commissioner's or employee's official powers on behalf of a private donor or performed official duties in favor of a private donor.(f) A commissioner or employee who has policy direction over the commission and who serves as an officer or director of a private donor shall not vote on or otherwise participate in any measure, proposal, or decision pending before the private donor if the commission might reasonably be expected to have an interest in such measure, proposal, or decision.(g) A commissioner or employee shall not authorize a private donor to use property of the commission unless the property is used in accordance with a contract between the commission and the private donor, or the commission is otherwise compensated for the use of the property.</content><note type="source"><p>Source Note: The provisions of this §56.6 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c56/sc/s56.7"><num value="56.7">§56.7</num><heading>Acceptance of Gift From Party to Contested Case Prohibited</heading><content>The commission may not accept a gift from a person who is a party to a contested case pending before the commission from the inception of the case until the 30th day after the date the decision in the case becomes final under §2001.144 of the Texas Government Code. In this section, "contested case" has the meaning assigned by Texas Government Code, §2001.003.</content><note type="source"><p>Source Note: The provisions of this §56.7 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 15, 2024, 49 TexReg 657.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c57"><num value="57">CHAPTER 57</num><heading>POULTRY</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c57/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c57/sc/s57.10"><num value="57.10">§57.10</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Approved laboratories--Texas A&M Poultry Diagnostic Laboratories located at College Station, Center, and Gonzales, Texas, the National Veterinary Services Diagnostic Laboratory located in Ames, Iowa, and other laboratories specifically approved by the commission.(2) Baby poultry--Any newly hatched poultry that has not been fed or watered.(3) Commission--The Texas Animal Health Commission.(4) Commuter Flock--A National Poultry Improvement Plan (pullorum-typhoid clean or equivalent) flock in good standing with operations in participating states that are under single ownership or management control whose normal operations require interstate movement of hatching eggs and/or baby poultry without change of ownership for purposes of hatching, feeding, rearing or breeding. The owner or representative of the company owning the flock and chief animal health officials of participating states of origin and destination must have entered into a signed "Commuter Poultry Flock Agreement."(5) Designated areas--Laryngotracheitis (LT) area. An area considered exposed to LT consisting of a minimum of a one-mile radius around an infected farm and in which chick embryo origin LT vaccine may be used as provided in the regulations and where other specific procedures apply.(6) Endemic--A disease of low occurrence that is constantly present in a given animal population.(7) Hatching eggs--Poultry eggs for hatching purposes including embryonated eggs.(8) Permit--A written authorization for movement issued by the commission.(9) Person--A partnership, firm, corporation, association, or individual.(10) Poultry--Chickens, turkeys, game birds of all ages, and other domestic fowl, except baby poultry as defined in this section.(11) Reportable poultry disease--(A) Infection of and/or exposure to any of the following diseases shall be reported immediately upon disclosure of the disease to the Commission:(i) Viral.(I) Avian influenza.(II) Exotic Newcastle (VVND).(III) Infectious laryngotracheitis (LT).(IV) Duck plague (duck enteritis).(V) Avian Encephalitis.(VI) Paramyxovirus Disease other than Exotic Newcastle (VVND).(ii) Bacterial.(I) Salmonellosis (Pullorum, Fowl Typhoid).(II) Avian tuberculosis.(III) Ornithosis.(B) Any other disease of poultry, when not considered to be endemic in the State of Texas, is reportable under these regulations.(12) Vaccine--A suspension of attenuated or killed micro-organisms administered for the prevention or treatment of an infectious poultry disease and approved for use by USDA and the commission. The following is a list of approved vaccines:(A) Newcastle disease (B and LaSota strains);(B) infectious bronchitis without restriction;(C) fowl pox;(D) pigeon pox;(E) Marek's disease;(F) tenosynovitis (viral arthritis);(G) avian encephalomyelitis (AE);(H) infectious bursal disease;(I) erysipelas bacterin;(J) fowl cholera (bacterin and live attenuated CU strain vaccine);(K) infectious coryza bacterin;(L) combinations of approved vaccines, e.g., Newcastle disease and infectious bronchitis;(M) laryngotracheitis--modified tissue culture without restriction; or Chick Embryo Origin use upon tentative or confirmed diagnosis by an approved laboratory and upon written agreement between the commission and flock owners in a designated area for laryngotracheitis;(N) Salmonella arizonae bacterin is restricted to use in flocks where a confirmed diagnosis by an approved laboratory of Salmonella arizonae has been made. Written permit from the commission is required for use of this bacterin;(O) Mycoplasma gallisepticum (MG) attenuated vaccine is restricted to use in flocks where a confirmed diagnosis by an approved laboratory has been made. A written permit from the commission is required for use of the vaccine. MG vaccine may be used without restriction following approval outlined in §34.2(a) of this title (relating to Importation).</content><note type="source"><p>Source Note: The provisions of this §57.10 adopted to be effective November 5, 1981, 6 TexReg 3909; amended to be effective January 3, 1984, 8 TexReg 5347; amended to be effective July 31, 1984, 9 TexReg 3871; amended to be effective April 14, 1989, 14 TexReg 1582; amended to be effective July 20, 1992, 17 TexReg 4751; amended to be effective December 18, 1992, 17 TexReg 8289; amended to be effective September 30, 1996, 21 TexReg 8217; amended to be effective June 11, 2000, 25 TexReg 5330.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c57/sc/s57.11"><num value="57.11">§57.11</num><heading>General Requirements</heading><content>(a) Quarantine provisions.(1) Poultry and/or premises shall be placed under quarantine when evidence of infection or possible exposure to any contagious and/or communicable disease not considered to be endemic exists in the State of Texas. A quarantine shall remain in effect until epidemiological evidence of the existing disease or exposure thereto is satisfied. After due consideration of epidemiological evidence, the executive director of the commission may cause the quarantine to be released.(2) When Laryngotracheitis infection is confirmed in any house on a farm, the entire farm will be placed under quarantine, and all poultry on that farm will be considered infected and no molting will be allowed until after the quarantine has been released. Official quarantine signs will be posted in a prominent place at the entrance to the premise and on the doors of each house. The doors should be locked when the house is unattended.(3) Premises may be released from a Laryngotracheitis quarantine when:(A) the farm has been depopulated and established cleaning and disinfection procedures have been applied;(B) all infected poultry have been removed and all replacement poultry have been vaccinated twice with cell culture vaccine, no chick embryo origin vaccine has been used, and a surveillance system as established by the commission is carried out with no evidence of active infection; or(C) all dead poultry and caked litter are removed; the houses are sprayed with disinfectant and closed for 15 to 30 days; and two consecutive sets of nonvaccinated poultry are raised in the houses with no evidence of infection based on commission surveillance.(4) When fowl typhoid (S. gallinarum) infection is confirmed in a flock, the farm on which the flock is located shall be placed under quarantine and the flock depopulated. Following depopulation and burial or incineration of all poultry, nest material, and litter, the premise and facilities shall be cleaned and disinfected. The premise shall remain quarantined for at least 180 days following depopulation during which time poultry shall not be reintroduced to the premises. Following removal of the quarantine, repopulation of the premises may be allowed with poultry that have been tested negative to fowl typhoid.(b) Public exhibitions. Poultry entered in public exhibition shall originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative pullorum-typhoid test within 30 days before exhibition. Chickens or turkeys entered in public exhibition shall be accompanied by a certificate of source.(c) Public sales. Poultry offered for public sale or trade at markets such as trade days, flea markets, auctions, or any other public sale shall originate from pullorum-typhoid clean flocks or hatcheries. The seller shall furnish proof of the source of poultry or hatching eggs offered for public sale. The owner or management of any market or public sale shall prevent the sale, trade, or offer for sale of any poultry that is not properly qualified under the Texas Pullorum-Typhoid Program as prescribed by the Texas Veterinary Medical Diagnostic Laboratory (TVMDL) and/or the National Poultry Improvement Plan. Failure to enforce this requirement may result in the seeking of a court order prohibiting any further sale of poultry on the grounds. Poultry from states other than Texas shall be accompanied by a health certificate from the state of origin, including a negative pullorum-typhoid test within 30 days of the sale as described in subsection (e)(1) of this section. Poultry not properly identified and qualified as pullorum-typhoid clean are prohibited from sale and shall be returned to the owner's or dealer's premises.(d) Surveillance. The commission may pick up dead poultry at farms to determine if Laryngotracheitis or any other disease is present in any area.(e) Depopulation and disposition of poultry and eggs. The commission shall depopulate or dispose of poultry and/or hatching eggs that pose a threat to the poultry industry of the State of Texas after a hearing before the commission pursuant to the Administrative Procedure Act.(f) Dead poultry disposal. Dead poultry are to be disposed of in a manner that facilitates the decomposition of carcasses and destruction of disease agents while limiting the spread or exposure of disease to other susceptible species. Proven methods of carcass disposal include incinerating, burying in disposal pits, composting, thermal dehydration, or hauling to a rendering plant or landfill in closed containers.(g) Cleaning and disinfecting.(1) Premises found to have housed, incubated, brooded, or ranged an infected flock shall be cleaned and disinfected under the supervision of the commission within 15 days following depopulation, unless an extension of time is granted. Infected premises shall not be restocked with poultry or eggs for hatching purposes until the cleaning and disinfecting requirement of this subsection is certified complete by the commission. The following cleaning and disinfection procedures are approved for Laryngotracheitis:(A) completely clean house, spray with disinfectant, and close for 15-30 days; or(B) remove all dead poultry and caked litter, spray with disinfectant, and close for 15-30 days.(2) Trucks, loading equipment, cages, or coops used in hauling poultry vaccinated with restricted vaccines or infected with a reportable disease within a designated area or from a designated area shall be cleaned and disinfected prior to entering premises on which the disease has not been diagnosed and the vaccine has not been used or as directed by the commission.(h) Designated area for Laryngotracheitis. The following procedures shall apply to all poultry operations:(1) Replacement poultry. All poultry housed in the designated area will be vaccinated twice (no earlier than four weeks of age and again at least four weeks later) with cell culture (eye drop) modified vaccine before being housed for egg production. A certificate of vaccination must be on file with the owner, farm manager, and the commission. Prior entry permit and health certificate with vaccination history are required for poultry originating out-of-state. These poultry may receive the second vaccination upon arrival at farm, but the first vaccination must be no earlier than four weeks of age.(2) Molted hens.(A) Any hen molted and retained for egg production must be vaccinated with cell culture vaccine after molting.(B) The hens on known infected premises may be allowed to complete the laying cycle but shall not be molted. Empty houses shall be repopulated only with pullets that have been vaccinated twice with cell culture vaccine at the proper age.(3) Broilers may be vaccinated with chick embryo vaccine under the following conditions.(A) No vaccination except by agreement with the commission. (B) Agreements signed under the following conditions:(i) broilers less than five weeks of age located within a designated area;(ii) the next two flocks following an infected flock if epidemiologically sound;(iii) chick embryo vaccine can be used in layers or breeders only to stop an outbreak and only by agreement with the commission. (4) Movement.(A) Permits are required for movement of all non infected flocks between farms in the designated area. Poultry may move from a designated area only to slaughter and only under permit.(B) Infected flocks and chick embryo origin vaccinated flocks can be moved only to slaughter under permit.(5) Trucks.(A) Cleaning and disinfection is required for all trucks hauling infected flocks and chick embryo origin vaccinated flocks.(B) Farms with poultry infected with Laryngotracheitis or vaccinated with chick embryo origin vaccine are to be serviced the last trip of the day. The driver should not enter the poultry house. The driver must wear rubber boots and disinfect them before leaving the farm. All vehicles should be disinfected after entering an infected premise.(6) Personnel.(A) Employees from infected or chick embryo origin vaccinated farms are not to enter houses on non infected or non chick embryo origin vaccinated farms.(B) When entering infected houses, managers must wear protective clothing and change before entering non infected houses.(C) Catching crews must follow cleaning and disinfection procedures before entering and leaving all infected or chick embryo origin vaccinated premises.(7) Equipment.(A) Egg flats from infected or chick embryo origin vaccinated premises are to be returned to infected houses or disposed of or disinfected.(B) Equipment from infected or chick embryo origin vaccinated farms cannot be moved to other farms without cleaning and disinfection.(8) Dead poultry disposal must be according to regulations.</content><note type="source"><p>Source Note: The provisions of this §57.11 adopted to be effective November 5, 1981, 6 TexReg 3909; amended to be effective January 3, 1984, 8 TexReg 5384; amended to be effective July 31, 1984, 9 TexReg 3871; amended to be effective September 20, 1989, 14 TexReg 4471; amended to be effective September 30, 1996, 21 TexReg 8218; amended to be effective June 11, 2000, 25 TexReg 5330; amended to be effective February 19, 2015, 40 TexReg 699; amended to be effective December 10, 2025, 50 TexReg 7881.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c57/sc/s57.12"><num value="57.12">§57.12</num><heading>Dealer Records</heading><content>(a) The commission requires that dealers of domestic fowl, or exotic fowl maintain records of all domestic fowl, or exotic fowl bought and sold. In this section, "dealer" means a person engaged in the business of buying or selling animals in commerce:(1) on the person's own account;(2) as an employee or agent of the vendor, the purchaser, or both; or(3) on a commission basis.(b) The records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description, including sex, age, color, breed, and any individual identification.(c) An agent of the commission may inspect and copy the dealer records of a domestic fowl, or exotic fowl dealer that relate to his/her buying and selling activities. A dealer of out-of-state domestic fowl, or exotic fowl shall maintain copies of health certificates, and documentation of compliance with any applicable agency health requirements. All dealer records must be maintained for a minimum of two years after the date of the transaction.</content><note type="source"><p>Source Note: The provisions of this §57.12 adopted to be effective January 5, 2003, 27 TexReg 12184.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c57/sc/s57.13"><num value="57.13">§57.13</num><heading>Indemnification</heading><content>(a) Indemnification to poultry owners. Poultry that are slaughtered in compliance with the disease program standards or as a result of a response on an official test may be indemnified. The commission may pay the owner the unreimbursed amount determined by deducting the salvage value and any other indemnity from the appraised value, subject to the availability of funds.(b) Flock eligibility for payment of indemnity funds:(1) The entire flock shall all be under common ownership or management;(2) An indemnity agreement must be signed and approved for payment by the Executive Director of the commission; and(3) The flock owner must comply with each indemnity agreement requirement including, but not limited to, those provisions pertaining to flock depopulation and disposal, cleaning, and disinfecting premises and materials, and payment for indemnity.(c) Criteria for selection of flocks for indemnity payment:(1) The flock must have a professional diagnosis supported by culture or significant serology and compatible history;(2) The flock must be recommended for indemnity by the state epidemiologist;(3) All selections of flocks or poultry for indemnity payment are subject to the availability of funds; and(4) The commission, through its Executive Director, will determine the amount and number of poultry for which indemnity will be paid.(d) Poultry infected with or exposed to a disease that are required to be destroyed shall be appraised by an authorized agent of the commission, or, if the Executive Director approves, by a USDA-APHIS representative.(e) The appraisal of poultry shall be based on the fair market value and shall be determined by the meat, egg production or breeding value of such poultry. Poultry may be appraised in groups providing they are the same species and type. When appraisal is by the head, poultry in the group is the same value per head or when appraisal is by the pound, poultry in the group is the same value per pound.(f) Appraisals of poultry shall be reported on forms furnished by the commission. Reports of appraisals shall show the number of fowl of each species and the value per head or the weight and value by pound.</content><note type="source"><p>Source Note: The provisions of this §57.13 adopted to be effective February 4, 2014, 39 TexReg 491.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c58"><num value="58">CHAPTER 58</num><heading>EMERGENCY RESPONSE AND MANAGEMENT</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c58/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p2/c58/scA/s58.1"><num value="58.1">§58.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) "Animal" includes livestock, exotic livestock, domestic fowl water fowl, and exotic fowl or any invertebrate or vertebrate.(2) "Animal Product" means hides; bones; hoofs; horns; viscera; parts of animal bodies; litter, straw, or hay used for bedding; and any other substance capable of carrying insects or a disease that may endanger the livestock industry.(3) "Caretaker of Animal" means a person presumed to control the animal if the person is the owner or lessee of the pen, pasture, or other place where the animal is located and has control of that place, or exercises care or control over the animal.(4) "Dealer" means a person engaged in the business of buying or selling animals in commerce on the person's own account; as an employee or agent of the vendor, the purchaser, or both; or on a commission basis.(5) "Declaration of State of Disaster" The Governor by executive order or proclamation may declare a state of disaster if the Governor finds a disaster has occurred or that the occurrence or threat of disaster is imminent.(6) "Effect of Disaster Declaration" An executive order or proclamation issued by the Governor declaring a state of disaster:(A) activates the disaster recovery and rehabilitation aspects of the state emergency management plan applicable to the area subject to the declaration; and(B) authorizes the deployment and use of any forces to which the plan applies and the use or distribution of any supplies, equipment, and materials or facilities assembled, stockpiled, or arranged to be made available under this chapter or other law relating to disasters.(7) "Emergency Management Plan Council" is composed of the heads of state agencies, boards, and commissions and representatives of organized volunteer groups to advise and assist the Governor in all matters relating to disaster mitigation, preparedness, response, and recovery. The commission is a member of that council.(8) "Emergency Management Plan" is a state prepared plan together with annexes designed to address all emergency management functional responsibilities. This plan defines the organization, establishes operational concepts, assigns responsibilities, and outlines coordination procedures for accomplishing comprehensive emergency management objectives in Texas.(9) "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families.(10) "Exotic fowl" means any avian species that is not indigenous to this state. The term includes ratites.(11) "Exposure or Infection" means if a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to an agent of transmission of a communicable disease, the exposure or infection is considered to continue until the commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the commission.(12) "Feedlot" means a confined drylot area for finish feeding of cattle on concentrated feed with no facilities for pasturing or grazing. All cattle in a feedlot are considered a "herd" for purposes of these regulations.(13) "Foreign Animal Diseases" means animal diseases recognized by the United States Department of Agriculture as not being found in the United States.(14) "Hold Order" means a written commission order and action restricting movement of a herd, animal, or animal product pending the determination of disease status.(15) "Livestock" includes cattle, horses, mules, asses, sheep, goats, hogs, domestic fowl, exotic livestock and exotic fowl.(16) "Livestock market" means a stockyard, sales pavilion, or sales ring where livestock, exotic livestock, or exotic fowl are assembled or concentrated at regular or irregular intervals for sale, trade, barter, or exchange.(17) "Show, fair, or exhibition" means a show, fair, or exhibition that permits livestock and poultry to enter for the purpose of showing or exhibiting livestock.(18) "World Organisation for Animal Health (OIE) Diseases" Animal diseases which have the potential for very serious and rapid spread, irrespective of national borders, which are of serious socioeconomic or public health consequence and of major importance in the international trade of animals and animal products.</content><note type="source"><p>Source Note: The provisions of this §58.1 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 8, 2022, 47 TexReg 502.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c58/scA/s58.2"><num value="58.2">§58.2</num><heading>Disease Control</heading><content>(a) The Executive Director is authorized to act for the commission in order to respond expeditiously to an animal health emergency. All actions of the Executive Director, under this chapter, will be in accordance with any direction, action or authorization provided by the commission.(b) The commission may act to eradicate or control any disease or agent of disease transmission that affects livestock, exotic livestock, domestic fowl, or exotic fowl if the disease or agent of disease transmission is:(1) recognized by the United States Department of Agriculture as a foreign animal disease or a reportable animal disease;(2) the subject of a cooperative eradication program with the United States Department of Agriculture;(3) reportable to the World Organisation for Animal Health (OIE);(4) is the subject of a state of emergency, as declared by the Governor;(5) any individual case report, outbreak, emerging disease, or unusual group expression of disease or agent of disease transmission, which affects livestock, exotic livestock, domestic fowl, or exotic fowl other than bluetongue; or(6) a disease or agent of disease transmission designated by the Texas Animal Health Commission in §45.3(c) of this title.(c) If the Executive Director determines that livestock have been exposed to or infected with a disease, other than bluetongue, or an agent of transmission of one of the diseases listed in §45.3(a) - (c) of this title and determines that an animal health emergency exists, then the Executive Director is authorized to exercise all the necessary authority through this chapter to act for the commission to respond as expediently as possible to the emergency.(d) The Executive Director is authorized to determine the necessary requirements related to quarantine, disposal, testing, movement, inspection, and treatment.</content><note type="source"><p>Source Note: The provisions of this §58.2 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 8, 2022, 47 TexReg 502.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c58/scA/s58.3"><num value="58.3">§58.3</num><heading>General Requirements</heading><content>(a) The State of Texas Emergency Management Plan. This plan defines the organization, establishes operational concepts, assigns responsibilities, and outlines coordination procedures for accomplishing comprehensive emergency management objectives in Texas. The plan contains "Appendix Four to Annex H" which provides guidance for mitigating against, preparing for, identifying and responding to, and recovering from any highly contagious animal disease affecting Texas livestock.(b) Emergency Management Council. The Emergency Management Council is composed of the heads of state agencies, boards, and commissions and representatives of organized volunteer groups to advise and assist the Governor in all matters relating to disaster mitigation, preparedness, response, and recovery. The Texas Animal Health Commission is a member of that commission. The executive director is authorized to utilize the resources of the commission to fully participate and act to assist the Governor in all matters relating to disaster mitigation, preparedness, response, and recovery.(c) Executive Director Authorization. The executive director is authorized to utilize all the appropriate resources of the commission to act in accordance with the State Emergency Management Plan and Appendix Four to Annex H. The Texas Emergency Response Team (TERT) is an interagency team comprised of commission personnel and working to respond quickly to emergency's through out the state. They are authorized to respond to potential emergencies and disasters.(d) Commission Written Instruments. The commission authorizes the executive director and authorized agents of the commission to sign written instruments on behalf of the commission including, but not limited to, issuing, modifying, rescinding a quarantine, any movement restriction as provided in this chapter or in requiring livestock exposed to or infected with disease to be slaughtered as provided in Section 58.31. A written instrument, including a quarantine or written notice of an order to slaughter, signed in support of this chapter has the same force and effect as if signed by the entire commission.(e) Entry Power. A commissioner or a veterinarian or inspector employed by the commission may enter public or private property for the exercise of an authority or performance of a duty under this chapter.(f) Requirements on dealer recordkeeping. Any dealer of livestock is required by §161.049 of the Texas Agriculture Code to maintain records of livestock sales. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color, breed, brand, and individual identification such as eartag, bangle tag, backtag, tattoo or firebrand. Records at auctions and commission firms shall show the delivery vehicle license number. A dealer is required to provide records to authorized agents of the commission acting under the authority of this chapter in order to determine whether livestock have been exposed to or infected with a disease as identified in Section 58.2 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §58.3 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c58/scB"><num value="B">SUBCHAPTER B</num><heading>QUARANTINE REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p2/c58/scB/s58.11"><num value="58.11">§58.11</num><heading>Establishment of Quarantine</heading><content>(a) Executive Director Authority. If the executive director determines that a disease as identified in §58.2 (a) of this title (relating to Disease Control) or an agent of transmission of one of those diseases exists in a place in this state, or that livestock are exposed to or infected with one of those diseases or an agent of transmission of one of those diseases, then the executive director shall establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The executive director may establish a quarantine to prohibit or restrict the movement of any article or animal that is designated to be a carrier of a disease as identified in §58.2 of this chapter.(b) Existence or Exposure to a listed disease. A quarantine will remain in effect until the commission determines that the exposure or infection has been eradicated or controlled through appropriate methods.(c) Effect of Quarantine. A quarantine that is established for any location has the effect of quarantining all livestock, domestic animals, or domestic fowl of the kind mentioned in the quarantine notice that are on or enter that location during the existence of the quarantine, regardless of who owns or controls the livestock, domestic animals, or domestic fowl. The movement of animals or articles designated as a potential carrier of one of those diseases into a quarantined herd, premise, or area is prohibited.(d) Conditions of movement. The Executive Director may designate conditions under which movement may take place and designate who is authorized permit movement and under what conditions. The executive director may require testing, vaccination, or another epidemiologically sound procedure in order to authorize movement.</content><note type="source"><p>Source Note: The provisions of this §58.11 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c58/scB/s58.12"><num value="58.12">§58.12</num><heading>Notice of Quarantine</heading><content>(a) Publication of Notice. The executive director shall give notice of a quarantine established within this state:(1) by publishing notice in a newspaper published in the county in which the quarantine is established,(2) by posting notice at the courthouse door of that county, or(3) by delivering a written notice to the owner or caretaker of the animals or places to be quarantined.(b) Contents of Notice. The quarantine notice must state:(1) the cause for which the quarantine is established, whether for infection or for exposure,(2) describe the area or premises quarantined in a reasonable manner that enables a person to identify the area or premises (but is not required to describe the area or premises by metes and bounds),(3) if the seriousness of the disease is sufficient to warrant prohibiting the movement of animals, the notice must state that the movement is prohibited,(4) any exceptions, terms, conditions, or provisions prescribed under this chapter must be stated in the quarantine notice,(5) state the class of persons authorized by the commission or the Executive Director to issue certificates or permits permitting movement,(6) any authorized movement certificate or permit must be issued in conformity with the requirements stated in the quarantine notice.(A) The executive director may provide for a written certificate or written permit authorizing the movement of commodities or animals from quarantined places or the movement of quarantined commodities or animals.(B) The certificate or permit must be issued by a veterinarian or other person authorized by the commission to issue a certificate or permit.(7) if the quarantine regulates or prohibits the movement of a carrier or potential carrier of a disease, the Executive Director may prescribe:(A) any exceptions,(B) terms,(C) conditions, or(D) provisions that the executive director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the quarantine without endangering those objectives or the health and safety of the public.</content><note type="source"><p>Source Note: The provisions of this §58.12 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c58/scC"><num value="C">SUBCHAPTER C</num><heading>MOVEMENT RESTRICTION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p2/c58/scC/s58.21"><num value="58.21">§58.21</num><heading>Livestock Movement Restrictions</heading><content>(a) Purpose: Livestock in Texas are subject to a variety of highly contagious, foreign animal diseases (FAD). The infection or exposure of Texas livestock to a FAD would create an animal health emergency requiring the commission to respond as expediently as possible. A FAD may be very contagious; it may affect both farm/ranch animals and wildlife in Texas, and it may be extremely difficult to identify, isolate, control, and eradicate. It may spread to other areas in the state or other states and countries if the outbreak is not controlled in an expedient or effective manner. Any time delay in responding to such an emergency could cause a severe impact to, or even destroy, the agricultural economic stability and viability of the State and possibly the Nation. The purpose of this section is to authorize the executive director to be able to respond quickly and restrict the movement of livestock from specific areas or facilities in order to reduce any potential exposure of Texas livestock to a disease as provided in §58.2 of this title (relating to Disease Control).(b) Emergency Response Movement Restrictions: As a control measure, the commission by rule may regulate the movement of livestock in this state. Movement restrictions contained in this section are to become effective upon a determination that there is exposure to a disease or an agent of transmission of one of the diseases as identified in §58.2 of this title (relating to Disease Control) and that these restrictions are necessary to protect livestock in this state.(c) Executive Director Authority: The executive director may restrict movement of livestock in any part or all of the state, through this section, if the executive director determines that livestock are exposed or infected with a disease as identified in §58.2 of this title (relating to Disease Control) and believes that the disease presents a danger to the public health or livestock industry and that the executive director considers it necessary to protect livestock in this state, by restricting movement under this subchapter. The executive director may require testing, vaccination, or another epidemiologically sound procedure in order to authorize movement from restricted locations.(d) Effect of Movement Restrictions: These movement restrictions will remain in effect until the executive director has determined that the exposure to the disease or infection from the disease has been eradicated or controlled.(e) Inspection of Shipment of Animals or Animal Products: An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. An authorized agent of the commission may issue a hold under this chapter to detain a shipment of animals or animal products in order to determine if the shipment had been exposed to a disease as identified in §58.2 of this title (relating to Disease Control) or to determine if the shipment is being transported in violation of this chapter. The authorized agent of the commission may require that the shipment be unloaded at the nearest place designated as appropriate unloading/loading and boarding facility in order to assess health status or to protect against possible exposure from a disease provided by §58.2 of this title.(f) Restricted Movement Locations: If the executive director has determined that there is an animal health emergency and that there is a need to restrict movement of livestock, then movement of livestock is restricted, until authorized by the commission through an agent of the commission, at the following locations:(1) Livestock Market;(2) Feedlots;(3) Shows, Fairs and Exhibitions;(4) Any premise where a caretaker for livestock has received written notice that movement restrictions are in place based on possible exposure to a disease as identified in §58.2 of this title (relating to Disease Control).(g) Notice of Restrictions: Restricted movement from locations provided for in subsection (f) of this section are effective upon receipt of notice in accordance with §58.22 of this title (relating to Notice of Livestock Movement Restrictions).(h) Statewide application or part of state: The movement restrictions contained in this section can be made effective for all or part of the state in order to protect against exposure from a disease as identified in §58.2 of this title (relating to Disease Control).</content><note type="source"><p>Source Note: The provisions of this §58.21 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c58/scC/s58.22"><num value="58.22">§58.22</num><heading>Notice of Livestock Movement Restrictions</heading><content>(a) Notice. The executive director shall give written notice of movement restriction requirements, as provided in §58.21 of this title (relating to Livestock Movement Restrictions), which are in effect within this state or part of the state:(1) by fax, or(2) by mail, or(3) by delivering a written notice to the owner or caretaker of the animals or places where the movement of livestock is restricted.(b) Contents of Notice. The notice of movement restriction, as provided under §58.21 of this title (relating to Livestock Movement Restrictions), shall state:(1) the cause for which the movement restriction is established, whether for infection or for exposure;(2) any exceptions, terms, conditions, or provisions prescribed under this chapter must be stated in the movement restriction notice;(3) state the class of persons authorized by the commission or the executive director to issue certificates or permits permitting movement. Any authorized movement certificate or permit must be issued by a veterinarian or other person authorized by the commission to issue a certificate or permit.</content><note type="source"><p>Source Note: The provisions of this §58.22 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p2/c58/scD"><num value="D">SUBCHAPTER D</num><heading>DISPOSAL REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t4/p2/c58/scD/s58.31"><num value="58.31">§58.31</num><heading>Disposal of Diseased or Exposed Livestock</heading><content>(a) Executive Director Authorization: The commission authorizes the executive director to issue an order to require the slaughter of livestock, under the direction of the commission, or the sale of livestock for immediate slaughter if the livestock is exposed to or infected with a disease as identified in §58.2 of this title (relating to Disease Control) and necessary to eradicate or control the disease as well as to protect the livestock of this state.(b) Disposal of Diseased Livestock Carcass: A person who is the owner or caretaker of livestock that have been infected or exposed to a disease as identified in §58.2 of this title (relating to Disease Control), if ordered by the executive director, shall dispose of the livestock under the direction of authorized agents of the commission and in accordance with all appropriate legal standards and requirements.</content><note type="source"><p>Source Note: The provisions of this §58.31 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c58/scD/s58.32"><num value="58.32">§58.32</num><heading>Compensation of Livestock Owner</heading><content>(a) Compensation: Livestock that are exposed or infected with a disease as identified in §58.2 of this title (relating to Disease Control) and required to be slaughtered in compliance with §58.31 of this title (relating to Disposal of Diseased or Exposed Livestock) may be subject to compensation from the commission. The executive director will provide the owner with information regarding any available indemnity funds. To the extent possible the commission will assist the owner with accessing, processing and qualifying for any available source of indemnity funds.(b) Availability of Commission Funds: Subject to the availability of funds, the executive director may authorize an indemnity payment for livestock exposed or infected with a disease as identified in §58.2 of this title (relating to Disease Control) and required to be slaughtered in compliance with §58.31 of this title (relating to Disposal of Diseased or Exposed Livestock). In no event will the Commission pay the owner any compensation, which exceeds appraised value, deducting any salvage value and any other indemnity for the livestock.(c) Indemnity Agreement: In order to qualify for compensation from the commission, an indemnity agreement must be signed by the owner and approved for payment by the Executive Director, or designee.</content><note type="source"><p>Source Note: The provisions of this §58.32 adopted to be effective December 11, 2001, 26 TexReg 10048.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c59"><num value="59">CHAPTER 59</num><heading>GENERAL PRACTICES AND PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c59/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.1"><num value="59.1">§59.1</num><heading>Definitions</heading><content>The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Texas Animal Health Commission.(2) Executive director--The chief executive officer of the commission appointed by the commissioners.</content><note type="source"><p>Source Note: The provisions of this §59.1 adopted to be effective June 19, 1990, 15 TexReg 3088; amended to be effective December 18, 1992, 17 TexReg 8290.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.2"><num value="59.2">§59.2</num><heading>General Responsibilities</heading><content>(a) Commission. The Texas Animal Health Commission shall have the following powers and duties:(1) The Commission shall formulate the policy objectives for the agency and shall appoint and supervise the agency's Executive Director. The Commission shall approve actions of the Executive Director where such approval is required by law, requested by the Executive Director, or desired by the Commission.(2) The Commission shall propose, adopt, and amend regulations as required by the Government Code, Chapter 2001.(3) The Commission shall determine the amount of the agency's requests for legislative appropriations, and approve the operating budget.(4) The Commission shall supervise the agency's Internal Auditor.(5) When allowed by law, the Commission may delegate any power or duty to a committee of its members or to the agency's Executive Director. The Chair may establish a committee and appoint committee members in an open meeting. The Chair may appoint committee members who are not members of the Commission, but a committee with such members will be advisory only and may not take final action on any issue.(6) The Commission shall issue final orders and assess administrative penalties as outlined in the Government Code, Chapter 2001 and Chapter 32 of this title (relating to Hearing and Appeal Procedures).(b) Executive Director. The Executive Director of the Texas Animal Health Commission shall have the following powers and duties:(1) The Executive Director shall administer the programs of the agency and has all powers necessary for such administration, as well as any specific duties assigned or functions delegated by the Commission. The Executive Director shall take those actions necessary to comply with and enforce federal and state laws applicable to the Texas Animal Health Commission.(2) The Executive Director shall adopt personnel policies and employ persons in accordance with personnel policies to perform the work of the agency. The Executive Director may prescribe these employees' duties and compensation, subject to Commission approval of the budget and in accordance with personnel policies.(3) The Executive Director may delegate any authority or duty to agency personnel.(4) The Executive Director shall issue orders and set administrative penalties as allowed by this title and the Texas Agriculture Code.(c) Extenuating circumstances. In case of unusual circumstances or individual hardship, the executive director may vary or waive any provisions of commission rules provided such waiver is not in conflict with sound epidemiologic principles. Individual hardship will commonly mean unforeseen circumstances that affect the owner or the owner's operation and are beyond the owner's control. Any waiver or variance from agency rule will be documented and presented to the Commission at the next scheduled meeting.(d) Public Comment and Complaints.(1) At least twice a year, the public will be provided an opportunity to appear at Commission meetings to speak on any issue under the Commission's jurisdiction. The Chair may limit the time allotted to a speaker.(2) The public and those regulated by the Commission will be notified of the name, mailing address, and telephone number of the Commission for the purpose of directing complaints and comments to the Commission. The information shall be included on:(A) orders and decisions directed to persons and entities regulated by the agency;(B) at least annually in a publication distributed by the agency.(e) Program and Facility Accessibility. Citizens who do not speak English or who have a physical, mental, or developmental disability will be provided reasonable access to the Commission itself and to the Commission's programs in that:(1) All Commission facilities are in compliance with statutes concerning architectural barriers;(2) If necessary, the agency will arrange for approved personnel status testing to be conducted orally, in sign language, or in a foreign language;(3) Upon prior reasonable notice to the commission, the agency will provide interpreters and/or sign language specialists to assist citizens in presenting their input to the Commission.</content><note type="source"><p>Source Note: The provisions of this §59.2 adopted to be effective June 19, 1990, 15 TexReg 3088; amended to be effective September 28, 1990, 15 TexReg 5361; amended to be effective November 22, 1991, 16 TexReg 6291; amended to be effective March 15, 1992, 17 TexReg 1536; amended to be effective December 18, 1992, 17 TexReg 8290; amended to be effective April 16, 1997, 22 TexReg 3397; amended to be effective September 6, 1998, 23 TexReg 8831.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.3"><num value="59.3">§59.3</num><heading>Operation of Committees; Designation of Commission Vice Chair and Ad Hoc Chair</heading><content>(a) Committees.(1) Appointment of Committee Chair. For each committee, the Commission Chair will specify the purpose of the committee and name a committee chair. An ad hoc committee chair may be named to act by majority vote of the committee in the absence or unavailability of the chair.(2) Quorum. A simple majority of the commission members appointed to the committee shall constitute a quorum. A committee must have a quorum present to convene and take action. Action may be taken by a majority vote of those present or by a majority vote of the quorum, whichever is greater.(b) Vice chair. Following the designation of a chair by the governor of Texas, the commission will name a vice chair by majority vote. The vice chair will act for the chair in the absence or unavailability of the chair, and will have the same powers and authority as those of the chair.(c) Ad hoc chair. An ad hoc chair may be named to act by majority vote of the commission in the event neither the chair nor the vice chair can be present for a commission meeting. The ad hoc chair will have the same powers and authority as those of the chair.</content><note type="source"><p>Source Note: The provisions of this §59.3 adopted to be effective December 18, 1992, 17 TexReg 8290; amended to be effective September 6, 1998, 23 TexReg 8831.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.4"><num value="59.4">§59.4</num><heading>Cooperation with the Texas Department of Public Safety and Local Authorities for Enforcement of Entry Requirements</heading><content>(a) Commission staff shall provide information to Texas Department of Public Safety (DPS) officers regarding health papers and permits required for entry of livestock into the state. Commission staff shall investigate possible entry violations reported by DPS officers. Commission staff shall notify DPS, when appropriate, of the location of commission roadblocks or special or night operations.(b) Commission staff shall provide information to sheriff and deputies regarding health papers and permits required for entry of livestock into the state. Commission staff shall investigate possible entry violations reported by the sheriff or deputies. Commission staff shall notify the sheriff, when appropriate, of the location of commission roadblocks located in the county or special or night operations planned for the county.</content><note type="source"><p>Source Note: The provisions of this §59.4 adopted to be effective December 18, 1992, 17 TexReg 8291; amended to be effective August 15, 2024, 49 TexReg 5939.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.5"><num value="59.5">§59.5</num><heading>Public Information Act Requests</heading><content>(a) Definitions. The following words and terms, when used in this section, will have the following meanings, unless the context clearly indicates otherwise.(1) Agency--The Texas Animal Health Commission.(2) Executive Director--The chief executive officer of the commission appointed by the commissioners.(3) Public information request--A written request made for public information pursuant to Texas Government Code, Chapter 552 (the Texas Public Information Act). Another name for a "public information request" is an "open records request," and these terms may be used synonymously.(4) Public Information Coordinator--A person appointed by the Executive Director to facilitate the processing of public information requests.(b) Requests for Public Records. A person seeking records under Texas Government Code, Chapter 552, Public Information, must submit a request in writing. The request must reasonably identify the records requested and be submitted to the agency's Public Information Coordinator by one of the following methods:(1) United States mail to Texas Animal Health Commission, P.O. Box 12966, Austin, TX 78711;(2) electronic mail to Open_Records@tahc.texas.gov; or(3) Hand Delivery to 2105 Kramer Lane, Austin, TX 78758.(c) Charges for Copies of Public Records.(1) Charges made for providing copies of public information by the Texas Animal Health Commission shall be assessed in accordance with the schedule of charges maintained by the Office of the Attorney General (OAG) and found at 1 TAC §§70.1 - 70.12.(2) The agency may furnish public records without charge or at a reduced charge if the agency determines that a waiver or reduction of the charge is in the public interest.(d) Inspection of Records.(1) Access to records for purposes of inspection will be by appointment only and during the regular business hours of the agency.(2) If the safety of any public record or the protection of confidential information is at issue, or when a request for inspection would be unduly disruptive to the ongoing business of the office, the agency may deny physical access and the option of receiving copies at the prescribed charges will be provided.(3) A person may not remove an original copy of an official agency record from the offices of the agency.</content><note type="source"><p>Source Note: The provisions of this §59.5 adopted to be effective December 12, 1994, 19 TexReg 9490; amended to be effective October 21, 2021, 46 TexReg 7046.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.6"><num value="59.6">§59.6</num><heading>Petitions for Rules or Changes to Rules</heading><content>(a) Any person may petition for a rule or rule change by submitting a request to the commission's executive director that complies with the following requirements.(1) The petition shall be typed or legibly printed and shall be signed by the petitioner or the petitioner's authorized agent.(2) The petition shall:(A) state its purpose;(B) contain a concise statement of facts in support of the petition; and(C) include the text of the proposed rule or revision and the proposed effective date.(b) Upon receipt of the petition, the executive director shall take the following action.(1) If the petition does not comply with the form or content requirements of this section, or if there are statutory requirements preventing the promulgation of the rule or rule change, the executive director shall return to the petitioner by certified mail, return receipt requested, the petition and a statement describing how the petition fails to comply with the requirements of this section.(2) If the petition complies with the requirements of this section, the executive director shall prepare the document for presentation to the commission.(c) After presentation of the document to the commission, the commission may direct commission staff to compile information relevant to the petition to be presented at a subsequent commission meeting; propose rules in response to the petition; vote to take no action regarding the petition; or take other action it deems appropriate.</content><note type="source"><p>Source Note: The provisions of this §59.6 adopted to be effective December 12, 1994, 19 TexReg 9490; amended to be effective September 6, 1998, 23 TexReg 8831.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.7"><num value="59.7">§59.7</num><heading>Private Real Property Rights Affected by Governmental Action</heading><content>(a) Purpose. The purpose of this section is to establish procedures whereby the agency determines if private real property rights are affected by governmental action taken by the Commission.(b) Categorical Determination. Categorical Determinations that no private real property interests are affected by the proposed governmental action obviates need for further compliance with the Private Real Property Preservation Act (Chapter 2007, Government Code).(1) The following activities and programs, and policies or regulations promulgated to implement them do not affect private real property interests:(A) Activities related to personnel management;(B) Activities related to purchase of goods and services;(C) Activities related to the general administrative practice and procedures of the agency;(D) Requirements regarding the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment;(E) Requirements related to hearings and appeals;(F) Activities related to the sale and distribution of veterinary biological products.(c) Making a No Private Real Property Impact (No PRPI) Determination. If it is determined that there are no private real property interests impacted by a specific governmental action, the need for any further compliance with the Private Real Property Preservation Act is obviated.(1) A No Private Real Property Impact (No PRPI) Determination is determined by answering the following question: Does the covered governmental action result in a burden on private real property as that term is defined in the Act?(2) Whether the governmental action results in a burden on private real property is determined by the answers to the following questions:(A) Will the action involve a physical seizure or occupation of private real property?(B) Will the action involve a regulation of private real property or of activities occurring on private real property?(C) Will the action diminish or destroy the right of a private property owner to exclude others from the property, to possess it, or dispose of it?(D) Will the value of private real property that is the subject of the action be reduced by 25% or more as a result of the action?(3) If the answer to each of the four questions is NO, there is a No Private Real Property Impact (No PRPI) Determination and no further action pursuant to Chapter 2007 of the Government Code is needed for the action. If the answer to any of the four questions is YES, a Taking Impact Assessment (TIA) is required.(d) Taking Impact Assessment (TIA).(1) Prior to Completion of TIA. Before a TIA is completed, it should be determined by the above procedure that:(A) The contemplated governmental action does not fall within the Categorical Determinations for which no TIA is required; and(B) That there may be an impact on Private Real Property Interests.(2) Elements of the TIA. The specific elements that must be evaluated when proposing to undertake a governmental action that requires a TIA include the following:(A) Describe the specific purpose of the proposed action and identify whether and how the proposed action substantially advances its stated purpose; and(B) Describe the burdens imposed on private real property; and(C) Describe the benefits to society resulting from the proposed use of private real property; and(D) Determine whether engaging in the proposed governmental action will constitute a "taking" by answering:(i) Is there a "taking" under the United States Constitution; or(ii) Is there a "taking" under the Texas Constitution; or(iii) Is there a "taking" under the Act (25% diminution in value or property subject of the governmental action); and(E) Describe reasonable alternative actions that could accomplish the specified purpose and compare, evaluate, and explain:(i) How an alternative action would further the specified purpose; and(ii) Whether an alternative action would constitute a taking.(e) A TIA prepared under this section is public information.</content><note type="source"><p>Source Note: The provisions of this §59.7 adopted to be effective April 16, 1997, 22 TexReg 3398.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.9"><num value="59.9">§59.9</num><heading>Historically Underutilized Business Programs</heading><content>The Texas Animal Health Commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to Historically Underutilized Business Program).</content><note type="source"><p>Source Note: The provisions of this §59.9 adopted to be effective July 5, 2001, 26 TexReg 4870; amended to be effective May 30, 2017, 42 TexReg 2827.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.10"><num value="59.10">§59.10</num><heading>Agency Vehicles</heading><content>(a) Vehicles owned, leased by, or rented by the Commission shall be maintained, assigned and operated in accordance with policies issued by the Executive Director and consistent with the state's vehicle management plan.(b) Each agency vehicle, with the exception of a vehicle assigned to a field employee, will be assigned to the agency motor pool and be available for checkout; and(c) The Commission will assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the Executive Director makes a written documented finding that the assignment is critical to the needs and mission of the agency.</content><note type="source"><p>Source Note: The provisions of this §59.10 adopted to be effective July 5, 2001, 26 TexReg 4870.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.11"><num value="59.11">§59.11</num><heading>Executive Declaration of a High Risk Disease Movement Restriction Zone</heading><content>(a) Definitions:(1) High risk area or county--An area or county that is epidemiologically judged to have a high probability for animals to be either infected with or exposed to a disease.(2) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status.(3) Individual herd or flock plan--A herd disease management and testing plan to test a herd or flock of animals at high risk for exposure to a disease.(b) Order to Test Animals in a High Risk County or Area. The Executive Director may eradicate or control any disease or agent of transmission that affects livestock, exotic livestock, domestic fowl, or exotic fowl, by issuing an order designating an area or county as high risk for a disease based on sound epidemiological principles. The order may designate standards to require testing, movement, inspection, and treatment. The epidemiological criteria used for designating an area or county as high risk may include the presence of disease vectors, multiple animals in the area, and common husbandry and animal use practices that could lead to disease exposure.(c) The order shall contain the following elements:(1) The epidemiological criteria for which the order is being issued;(2) A description of the area or county determined to be high risk for a disease that enables a person to identify the area or premises;(3) If the seriousness of the disease is sufficient to warrant prohibiting the movement of animals using a hold order, the order must state that the movement is prohibited;(4) Any exceptions, terms, conditions, or provisions prescribed under this chapter must be stated in the order;(5) The class of persons authorized by the Commission or the Executive Director to issue certificates or permits authorizing movement; and(6) Any authorized movement certificate or permit must be issued in conformity with the requirements stated in the order.(A) The Executive Director may provide for a written certificate or written permit authorizing the movement of animals from locations where the animals have been restricted.(B) The certificate or permit must be issued by a veterinarian or other person authorized by the Commission to issue a certificate or permit.(d) If the order prohibits the movement of an animal until tested negative for a disease, the Executive Director may prescribe:(1) any exceptions;(2) terms;(3) conditions; or(4) provisions that the Executive Director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the animal without endangering those objectives or the health and safety of other animals.(e) Testing Procedures.(1) All animals located or maintained in an area shall be presented for testing or retesting at intervals stated in the herd plan until the hold order is released.(2) All animals to be added to the herd shall be tested prior to commingling with the herd.(3) All stray animals found in the area shall be presented for testing by the caretaker of the property where located.(4) All animals identified as positive shall be removed in accordance with Commission requirements.(f) Publication of Notice. The Executive Director shall give notice of the Order:(1) by publishing notice in a newspaper published in the county in which the quarantine is established; or(2) by delivering a written notice to the owner or caretaker of the animals or places to be quarantined.(g) Procedure to Protest the Individual Herd Test Plan. A person may protest an initial test or a herd plan for testing their animals for a disease due to being classified as high risk, after consultation with the state or federal veterinarian assigned to the testing.(1) To protest, the herd owner must request a meeting, in writing, with the Executive Director of the Commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which:(A) the meeting will be set by the Executive Director no later than 21 days from receipt of the request for a meeting;(B) the meeting or meetings shall be held in Austin; and(C) the Executive Director shall render his decision in writing within 14 days from date of the meeting.(2) Upon receipt of a decision or order by the Executive Director, the herd owner may file an appeal within 15 days in writing with the chairman of the commission and set forth a short, plain statement of the issues that shall be the subject of the appeal.(3) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act and Chapter 32 of this title (relating to Hearing and Appeal Procedures).(4) If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the Executive Director may shorten the time limits, as set out in paragraph (1)(A) and (B) of this subsection, to not less than five days. The herd owner must be provided with written notice of any time limits so shortened.</content><note type="source"><p>Source Note: The provisions of this §59.11 adopted to be effective February 5, 2013, 38 TexReg 498.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.12"><num value="59.12">§59.12</num><heading>Carcass Disposal Requirements</heading><content>(a) Definitions:(1) "Animal" means livestock, exotic livestock, domestic fowl, or exotic fowl.(2) "Executive Director" means the Executive Director of the Texas Animal Health Commission.(3) "Air Curtain Incineration" means a mechanical process of incineration by which super-heated air is continuously circulated to enhance combustion.(4) "Burial" means interment of a dead animal below the natural surface of the ground.(5) "Burning" means the act of consuming or destroying by fire with or without the use of an accelerant.(6) "Composting" means the biological decomposition of organic matter under controlled conditions.(7) "Dead Animals" means carcasses and parts of carcasses from animals that are dead from a disease.(8) "Dead Animal Emergencies" means those situations involving dead animals that may require extenuating disposal measures as determined by the Executive Director.(9) "Decomposition" means the decay of dead animals under natural conditions.(10) "Digestion" means a process by which organic matter is hydrolyzed.(11) "Disposal" means the management of a dead animal.(12) "Incineration" means the controlled and monitored combustion of dead animals for the purposes of volume reduction and pathogen control.(13) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal government department, agency or instrumentality, or any legal entity, which is recognized by law as the subject of rights and duties.(14) "Rendering" means the process or business of recycling dead animals and animal by-products.(15) "Sanitary Landfill" means a solid waste disposal site permitted or approved by the Texas Commission on Environmental Quality.(b) Carcass Disposal. A person who is the owner or caretaker of livestock, exotic livestock, domestic fowl, or exotic fowl that die from a disease or agent of disease transmission listed in §45.3(a) - (c) of this title (relating to Reportable and Actionable Disease List), or who owns or controls the land on which the livestock, exotic livestock, domestic fowl, or exotic fowl die or upon which a diseased carcass of a dead animal is exposed to other animals, shall dispose of the carcass in the manner required by the commission under this section.(c) Executive Director Authorization. The Commission authorizes the Executive Director to issue orders regarding the disposal of carcasses of livestock, exotic livestock, domestic fowl, or exotic fowl as necessary to eradicate or control the disease as well as to protect the livestock of this state. The Executive Director may also publish directives, guidelines and standards to be followed for carcass disposal in general events involving a diseased animal.(d) Disposal of Diseased Carcass. A person who is the owner or caretaker of livestock, exotic livestock, domestic fowl, or exotic fowl, if ordered by the Executive Director, shall dispose of the carcasses under the direction of authorized agents of the commission and in accordance with all applicable legal standards and requirements.(e) Disposal Methods Determined by the Executive Director. The Executive Director may determine the appropriate method of disposal for animals that die of infectious or contagious diseases or agents of disease transmission listed in §45.3(a) - (c) of this title (relating to Reportable and Actionable Disease List).(1) Rendering. If a licensed and approved rendering facility accepts the dead animal, rendering is an approved method of disposal.(2) Burial. Dead animals shall be buried to such a depth that no part of the dead animal shall be nearer than three (3) feet to the natural surface of the ground. Every part of the dead animal shall be covered with at least three (3) feet of earth. The location of a burial site shall comply with any applicable setbacks for sanitary or public health reasons.(3) Disposal in an Approved Sanitary Landfill. Arrangements shall be made with a city, county, regional, or private landfill official in order to dispose of a dead animal in a city, county, regional, or private landfill.(4) Composting. Composting dead animals shall be accomplished in a manner approved by the Executive Director.(5) Digestion. Digestion of dead animals shall be accomplished in a properly designed and sized dead animal digester approved by the Executive Director.(6) Incineration.(A) Incineration of dead animals shall be accomplished in an approved incineration facility, or by a mobile air curtain incinerator at a site approved by the Executive Director.(B) The incineration shall be thorough and complete, reducing the carcass to mineral residue.(7) Burning. Any person who is the owner or caretaker of animals that have died from anthrax, or who owns or controls the land on which the animals have died, is responsible for assuring that the carcass of each animal is set on fire and burned until it is thoroughly consumed as found in §31.3 of this title (relating to Disposal).(8) Decomposition. Animals that die on private or state rangeland from causes other than significant infectious or contagious diseases or agents may be left to decompose naturally provided their location is not in violation of another legal requirement.(9) Waiver of Requirements by the Executive Director. The Executive Director may grant variances from the requirements on a case-by-case basis.(f) Dead Animal Emergencies. Dead animal emergencies are those situations involving dead animals that have been determined by the Executive Director to require extraordinary disposal measures.(1) Situations Requiring Extraordinary Disposal Measures. These situations include, but are not limited to, the following:(A) Situations where one (1) or more animals die of an infectious or contagious disease or agent that may pose a significant threat to humans or animals;(B) Situations wherein the number of dead animals is large enough to require extraordinary disposal measures.(2) Executive Director to Determine Disposal Methods. The Executive Director may employ exceptional or extraordinary methods of dead animal disposal as necessary to protect the health and welfare of the human and animal populations of the State of Texas. Such methods may include, but shall not be limited to:(A) Open burning;(B) Pit burning;(C) Burning with accelerants;(D) Pyre burning;(E) Air curtain incineration;(F) Mass burial; or(G) Natural decomposition.</content><note type="source"><p>Source Note: The provisions of this §59.12 adopted to be effective December 19, 2007, 32 TexReg 9339; amended to be effective February 8, 2022, 47 TexReg 503.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.13"><num value="59.13">§59.13</num><heading>Posting of Certain Contracts; Enhanced Contract Monitoring</heading><content>(a) Pursuant to §2261.253 of the Texas Government Code, the commission will implement the following procedures for contracts for the purchase of goods or services from private vendors:(1) The commission will list information pertaining to its contract with private vendors on its website. The information will include:(A) The name of the vendor with whom the contract is made;(B) A description of the competitive bidding process for the contract, or, if the contract did not involve competitive bidding, a citation and explanation of the legal authority supporting exemption from the competitive bidding process;(C) A link to a copy of the request for proposal for the contract, if applicable, until the contract expires or is completed; and(D) A link to a copy of the contract with the vendor until the contract expires or is completed.(2) The commission will implement the following enhanced contract or performance monitoring procedures:(A) For each contract with a value greater than $25,000, the commission will evaluate whether enhanced contract or performance monitoring is appropriate. Criteria that may be considered include:(i) Total cost of the contract;(ii) Risk of loss to the commission under the contract;(iii) Commission resources available for enhanced contract or performance monitoring; and(iv) Duration of the contract.(B) After evaluation of the contract, the commission will report to the commission members:(i) The basis for determination as to whether enhanced contract or performance monitoring is appropriate;(ii) Include any serious issues or risks identified with the contract, if applicable; and(iii) If enhanced contract or performance monitoring is appropriate, the commission's plan for carrying out the enhanced contract or performance monitoring.(b) This rule does not apply to memorandums of understanding, interagency contracts, interlocal agreements or contracts that do not involve a cost to the commission.</content><note type="source"><p>Source Note: The provisions of this §59.13 adopted to be effective May 30, 2017, 42 TexReg 2827.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.14"><num value="59.14">§59.14</num><heading>Educational and Training Assistance</heading><content>(a) The commission may use state funds to provide education and training for its employees in accordance with the State Employee Training Act (Texas Government Code, §656.104).(b) The commission's employee education and training program benefits both the commission and the employees participating by:(1) Preparing for technological, scientific and professional developments;(2) Increasing work capabilities;(3) Increasing the number of qualified employees in areas for which the commission has difficulty in recruiting and retaining employees; and(4) Increasing the competence of commission employees.(c) The commission's employee education and training program may include:(1) Mandatory commission-sponsored training required for all employees;(2) Education related to technical or professional certifications and licenses;(3) Education and training related to the promotion of employee development;(4) Employee partially funded external education;(5) Commission funded external education, including continuing legal education, online courses, and courses not credited towards a degree; and(6) Other commission sponsored education and training determined by the commission to fulfill the purposes of the State Employee Training Act.(d) The education or training shall be related to the employee's current duties or prospective job duties within the agency.(e) Participation in commission assisted education or training program requires the appropriate level of approval prior to participation and is subject to the availability of funds within the commission's budget.(f) Reimbursement for completing program courses offered by institutions of higher education or private or independent institutions of higher education requires the approval of the Executive Director.(g) When an employee seeks reimbursement for a training or education program offered by an institution of higher education or private or independent institution of higher education, the commission may only reimburse the tuition expenses or partial expenses for a program course successfully completed by the employee at an accredited institution of higher education.(h) Commission employees may be required to complete an education or training program related to the employee's duties or prospective duties as a condition of employment.(i) Commission employees may be required to conduct training for other department employees based on the information or skills learned through an education or training program.(j) Approval to participate in any portion of the commission's education and training program shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.(k) Permission to participate in any education and training program may be withdrawn if the commission determines, in its sole discretion, that participation would negatively affect the employee's job duties or performance.(l) The executive director or designee shall develop policies for administering the employee and education program. These policies shall provide clear and objective guidelines and shall include, at a minimum, the following:(1) Eligibility requirements for participation;(2) Approval procedures for participation; and(3) Obligations of program participants.</content><note type="source"><p>Source Note: The provisions of this §59.14 adopted to be effective September 3, 2018, 43 TexReg 5677.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c59/sc/s59.15"><num value="59.15">§59.15</num><heading>Leave Pool</heading><content>(a) Sick Leave Pool.(1) A sick leave pool is established to provide for the alleviation of hardship caused to an employee or the employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from the state.(2) The Chief of Staff of the Texas Animal Health Commission is designated as the sick leave pool administrator.(3) The sick leave pool administrator, with the advice and consent of the Executive Director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the sick leave pool.(4) Donations to the sick leave pool are strictly voluntary.(b) Family Leave Pool.(1) A family leave pool is established to provide eligible employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.(2) The Chief of Staff of the Texas Animal Health Commission is designated as the family leave pool administrator.(3) The family leave pool administrator, with the advice and consent of the Executive Director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the family leave pool.(4) Donations to the family leave pool are strictly voluntary.</content><note type="source"><p>Source Note: The provisions of this §59.15 adopted to be effective February 8, 2022, 47 TexReg 503.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p2/c60"><num value="60">CHAPTER 60</num><heading>SCRAPIE</heading><subchapter identifier="/us/state/tx/tac/t4/p2/c60/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.1"><num value="60.1">§60.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Accredited Veterinarian--a veterinarian approved by the Commission and the USDA in accordance with the provisions 9 CFR Part 161. (2) Adjacent Flock--flock of sheep or goats on contiguous property. (3) Administrator--the administrator of APHIS or any employee of USDA to whom the Administrator has delegated to act for the Administrator. (4) Animal--a sheep or goat. (5) APHIS--Animal and Plant Health Inspection Service, an agency of the USDA, or employees thereof. (6) Approved Laboratory--a diagnostic laboratory approved by the TAHC and the USDA to conduct one or more scrapie tests, or genotype tests. (7) Approved Test--a test for the diagnosis of scrape that is approved by the Administrator of APHIS for use in the scrapie eradication program or certification program. (8) Blackfaced Sheep--any purebred Suffolk, Hampshire, Shropshire, or cross thereof, any non-purebred sheep known to have Suffolk, Hampshire, or Shropshire ancestors, and any non-purebred wool sheep of unknown ancestry with a black face. Hair sheep with black or dark faces are not considered to be in this category. (9) Breed Associations and Registries--organizations that maintain the permanent records of ancestry or pedigrees of animals (including the animal's sire and dam), individual identification of animals, and/or ownership of animals. (10) Certificate of Veterinary Inspection--a numbered interstate Certificate of Veterinary Inspection or a similar titled document that is a record of veterinary health inspection of one or more animals, issued on an official form by an accredited veterinarian from the state of origin. A Certificate of Veterinary Inspection shall be valid for 30 days following the inspection of the animals. (11) Commercial Sheep or Goat--any animal from a flock from which animals are moved either directly to slaughter or through slaughter channels to slaughter or any animal that is raised only for meat or fiber production, or for commercial breeding purposes, and is not registered with a sheep or goat registry or used for exhibition. (12) Commingle, Commingled or Commingling--animals grouped together having physical contact with female animal(s) during or up to 30 days after she (they) lambed, kidded, or aborted, or while visible vaginal discharge was present, including contact through a fence, but not limited contact. (13) Consistent State--A state listed in 9 CFR 79.1, that the APHIS Administrator has determined as conducting an active State scrapie control program. (14) Designated Scrapie Epidemiologist--A State or Federal epidemiologist with a knowledge of scrapie epidemiology, and designated by APHIS to make decisions about the use and interpretation of diagnostic tests, field investigation data and the management of scrapie affected flocks. (15) Destroyed or Destruction--animals that are: (A) Euthanized by a means other than slaughter and the carcass disposed of by means authorized by the Administrator; or, (B) in the case of exposed or high-risk animals that are not known to be infected, either euthanized or disposed of by slaughter; or, (C) moved to a quarantined research facility, if Executive Director of TAHC and Administrator has approved the movement. (16) Direct Movement to Slaughter--animals that are transported to a facility for slaughter without stop or unloading en route, other than for food and water, during which the animals are not commingled with any other animals. (17) Epidemiological Investigation--an investigation to determine the risks or presence of a condition affecting a population of animals or animal products. (18) Exposed Animal: (A) Any animal that has been in a flock at the same time as a scrapie-positive animal excluding limited contact; or, (B) any animal born in a flock after a scrapie-positive female animal was born into that flock or lambed in that flock, unless it has been after that flock completes the requirements of a flock plan; or, (C) any animal that was commingled with a scrapie-positive female during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, including during activities such as shows and sales or while in marketing channels; or, any animal in a non-compliant flock (19) Exposed Flock--any flock in which a scrapie-positive animal was born or lambed. Any flock that currently contains a female high-risk, or suspect animal, or that once contained a female high-risk, or suspect animal that lambed in the flock and from which tissues were not submitted for official testing and found negative. A flock that has competed a post-exposure management and monitoring plan following the exposure will no longer be an exposed flock. (20) Flock--all animals that are maintained on a single premises and all animals under common ownership or supervision on two or more premises with animal interchange between the premises. Changes in ownership of part or all of a flock do not change the identity of the flock or the regulatory requirements applicable to the flock. The term "flock" shall be interchangeable with the term "herd." More than one flock may be maintained on a single premise if: (A) the flocks are enrolled as separate flocks in the Scrapie Flock Certification Program. (B) a State or APHIS representative determines, based upon examination of flock records, that: (i) no animals have moved between flocks (ii) the flocks never commingle and are kept at least 30 feet apart at all times or are separated be a solid wall through which contact cannot occur; (iii) the flocks have separate flock records and identification; the flocks have separate lambing facilities, including buildings and pastures, and a pasture or building used for lambing by one flock is not used by the other flock at any time; (iv) the flocks do not share equipment without cleaning and disinfection in accordance with the guidelines published in the Scrapie Eradication UM & R standards. (21) Genetic Risk determined by genotype at codon 171. (A) High Risk: QQ (B) No Risk: RR (C) Low Risk: QR, HR (22) Flock of Origin--the flock in which an animal most recently resided. The determination that an animal originated in a flock must be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records. (23) Flock Plan--a written management agreement signed by the owner of the flock, the accredited veterinarian, if one is employed by the owner, and a State or APHIS representative in which each participant agrees to undertake actions specified in the flock plan for a flock that contains high-risk or an exposed animal. As part of a flock plan, the flock owner must provide the facilities and personnel needed to carry out the requirements of the flock plan. The flock plan must include the requirements in 9 CFR 54.5. (24) Goats--Animals of the genus Capra. (25) High-Risk Animal--(A) a sexually intact female, that has tested QQ at codon 171 or AA at codon 136. (B) the progeny of a scrapie-positive dam; or, (C) born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive dam are from separate contemporary lambing groups; or, (D) born in the same flock during the same lambing season that a scrapie-positive animal was born, or during any subsequent lambing season, if born before that flock completes the requirements of a flock plan; or, (E) an exposed female sheep that has not tested QR, HR, or RR at codon 171; or, (F) designated as a high-risk animal by the Designated Scrapie Epidemiologist. (26) Infected Flock--the flock of origin of a female animal that a representative of the TAHC or USDA has determined to be: (A) A scrapie-positive animal; or, (B) A flock that a scrapie-positive animal has resided unless an epidemiological investigation conducted by a representative of the TAHC or USDA shows that the animal did not lamb or abort in the flock. (C) A flock will no longer be considered an infected flock after it has completed the requirements of the Flock Plan. (27) Interstate Commerce--trade, traffic, transportation, or other commerce between a place in a State or any place outside of that State, or between points within a State but through any place outside of that State. (28) Limited Contact--incidental contacts between animal off the flock's premises such as: (A) at fairs, shows, exhibitions, and sales; or, (B) between ewes being inseminated, flushed, or implanted; or, (C) between rams at ram test or collection stations; or, (D) as determined by the Designated Scrapie Epidemiologist; (E) do not include any contact, incidental or otherwise, with an animal during or up to 30 days after she has lambed, kidded, or aborted, or when there is any visible vaginal discharge. (F) do not include any activity where uninhibited contact occurs, such a sharing an enclosure, or residing in other flocks for breeding or other purposes, except as allowed by the Scrapie Flock Certification Program standards. Note: Embryo transfer, artificial insemination equipment, and surgical tools must be sterilized between animals for these contacts to be considered to be limited contacts. (29) Live-Animal Screening Test--any test for the diagnosis of scrapie in a live animal that is approved by the APHIS Administrator but not necessarily definitive for diagnosing scrapie, and is conducted in an Approved Laboratory. (30) Low-Risk Commercial Sheep--animals that are identified with an official eartag that are commercial whitefaced, whitefaced cross, or commercial hair sheep, from a flock with no known risk factors for scrapie, including any exposure to female blackfaced sheep and that are not scrapie-positive, suspect, high-risk, or exposed animals and are not animals from infected, source, or exposed flock. Low-risk commercial sheep may exist in a State where scrapie has not been diagnosed in the previous 10 years in commercial whitefaced, whitefaced cross, or hair sheep that had not commingled with female blackfaced sheep. (31) Low-Risk Goat--A goat that is not scrapie-positive, high-risk, or exposed, and that has not been commingled with sheep, except low-risk commercial sheep, and/or that is from: (A) A state in which scrapie has not been identified in a goat during the previous 10 years. (B) A state in which scrapie has been identified in a goat during the previous 10 years, but the scrapie-positive goat was not born in the state and had resided in the state for less than 72 months and did not kid while in the state; or, (C) A state in which scrapie has been identified in a goat during the previous 10 years, and the scrapie-positive goat was commingled with sheep, but flock records allowed an epidemiological investigation to be completed and all resulting infected, source, and exposed goat herds have completed flock plans and are in compliance with post-exposure monitoring plans. (32) National Veterinary Services Laboratories (NVSL)--The National Veterinary Services Laboratories of USDA-APHIS-Veterinary Services, and its cooperating and contract laboratories. (33) Non-Compliant Flock: (A) Any source or infected flock whose owner declines to enter into a flock plan or post-exposure management and monitoring plan agreement within 30 days of being so designated, or whose owner is not compliant with either agreement; (B) Any exposed flock whose owner fails to make animals available for testing within 60 days of notification, or mutually agreed date, or whose owner fails to submit to required postmortem samples; (C) Any flock whose owner has misrepresented, or who employs a person who has misrepresented, their scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the past 5 years; or, (D) Any flock whose owner or manager has moved an animal in violation of this chapter within the past 5 years, or who employs a person who has moved an animal in violation of this chapter within the past 5 years. (34) Official Genotype Test--Any test to determine the genotype of a live or dead animal that is conducted at an Approved Laboratory, when the animal is officially identified and the samples used for the test are collected and shipped to the laboratory by either an accredited veterinarian or a State or USDA representative. (35) Official Identification--Identification approved by APHIS and TAHC for use in the scrapie eradication program. (36) Official Test--Any test for the diagnosis of scrapie in a live or dead animal that is approved by the Administrator of APHIS for that use and conducted either at an approved laboratory or at the NVSL. (37) Owner--a person, partnership, company, corporation, or any other legal entity which has legal or rightful title to animals, whether or not they are subject to a mortgage, or his or her agent. (38) Permit--The VS Form 1-27, an official document issued in connection with interstate movement of animals, that is issued by an APHIS or TAHC representative, State representative, or an accredited veterinarian authorized to sign the permit. The permit lists: (A) Owner's name and address (B) Points of origin and destination (C) Number of animals in the consignment (D) Purpose of the movement (E) Statement of whether the animals are scrapie-positive, high-risk, exposed, or scrapie suspect (F) The license number of the transporting vehicle. (G) The seal number (if the shipment is under seal) (H) Official identification numbers (individual or premise) Note: This definition does not pertain to the movement of healthy unexposed animals. (39) Post-Exposure Management and Monitoring Plan--A written agreement signed by the owner of the flock, an accredited veterinarian employed by the owner, and a State or APHIS representative in which each participant agrees to undertake actions specified in the agreement to monitor for the occurrence of scrapie in the flock for at least 5 years after the last high-risk or scrapie-positive animal is removed from the flock or after the last exposure of the flock to a scrapie-positive animal, unless otherwise specified by a State or APHIS representative. The flock owner must provide the facilities and personnel needed to carry out the requirements of the plan. The plan must include the requirements specified in 9 CFR 54.8. (40) Premises Identification Eartag--An identification eartag approved by the TAHC and APHIS as being sufficiently tamper-resistant for the intended use and providing unique identification for each premise of origin (officially assigned premise identification number. (41) Program--The cooperative State-Federal-Industry program administered by APHIS and Consistent States to control and eradicate scrapie. (42) Scrapie--A non-febrile, transmissible insidious degenerative disease affecting the central nervous system of sheep and goats. (43) Scrapie Control Pilot Project--A pilot project authorized by the APHIS and TAHC in writing, designed to test or improve program procedures or to facilitate research, in order to control and eradicate scrapie. (44) Scrapie Eradication Program--The cooperative State-Federal program administered by APHIS and Consistent States to control and eradicate scrapie. (45) Scrapie Eradication Uniform Methods and Rules (UM&R)--Cooperative procedures and standards adopted by APHIS and Consistent States for controlling and eradication scrapie. (46) Scrapie Flock Certification Program: (A) a voluntary State-Federal-Industry cooperative effort established and maintained to reduce the incidence and spread of scrapie, and which contributes to the eventual eradication of scrapie; and, (B) a monitoring program to identify individual flocks that have been free of evidence of scrapie over specified time periods. (47) Scrapie Flock Certification Program Standards--Cooperative procedures and standards adopted by State and APHIS scrapie certification boards for reducing the incidence and spread of scrapie, and to identify flocks which have not exhibited clinical signs of scrapie over specified periods of time. (48) Scrapie-Positive Animal--An animal for which a diagnosis of scrapie has been made by the NVSL or another laboratory authorized by the Administrator to conduct official scrapie tests in accordance with 9 CFR 54, through: (A) histopathological examination of central nervous system (CNS/brain stem) tissues from an animal with characteristic microscopic lesions of scrapie; or, (B) the use of protease-resistant protein analysis methods including but not limited to live or dead animal for which a given method has been approved by the Administrator and TAHC on that tissue; or, (C) bioassay (inoculation of laboratory animals for the diagnosis of infection); or, (D) scrapie associated fibrils (SAF) detected by electron microscopy; or, (E) any other test method approved by the Administrator in accordance with 9 CFR 54.10. (49) Sheep--Animals of the genus Ovis. (50) Slaughter Channels--Animals in slaughter channels include any animal that is sold, transferred, or moved either: (A) Directly to a slaughter facility; or, (B) To an individual for custom slaughter; or, (C) For feeding for the express purpose of improving the animals' condition for movement to slaughter. (51) Source Flock--A flock in which a TAHC or APHIS representative has determined that at least one animal was born that was diagnosed as a scrapie-positive animal at the age of 72 months or less. The determination that an animal was born in a flock must be based on either: (A) the presence of official identification on the animal that is traceable to the flock; or, (B) the presence of other identification on the animal that is listed on the bill of sale; or, (C) registry records showing that the scrapie-positive animal originated from the flock (52) State -Texas, or any of the 50 States, the District of Columbia, the Northern Mariana Island, Puerto Rico, and all territories or possessions of the United States. (53) State Representative--An individual employed in animal health activities by the TAHC, or that is authorized by the State of Texas to perform functions related to the Program. (54) Suspect Animal: (A) An animal exhibiting clinical signs of scrapie and that has been determined to be suspicious for scrapie by an accredited veterinarian or a State or APHIS representative: (i) weight loss despite retention of appetite (ii) behavioral abnormalities (iii) pruritis (excessive itching) (iv) wool pulling (v) biting at legs or flanks (vi) lip smacking (vii) motor abnormalities such as incoordination: (I) high-stepping gait of forelimbs, (II) bunny hop movement of rear legs, (III) swaying of back end. (viii) increased sensitivity to noise and sudden movement (ix) tremors (x) head pressing (B) An animal that has tested positive for scrapie or for the prion protein associated with scrapie on the live animal screening test, or any other test, unless the animal is designated as a scrapie-positive animal. (C) An animal that has had a suspicious or inconclusive test result on an official live-animal test for scrapie. (55) Terminal Feedlot: (A) A dry lot approved by a State or APHIS representative or an accredited veterinarian authorized to perform this function where the animals are separated from all other animals by at least 30 feet at all times or are separated by a solid wall through, over, or under which fluids cannot pass and contact cannot occur and from which animals are moved only to another terminal feedlot or to slaughter; or, (B) A pasture approved by a State or APHIS representative or an accredited veterinarian in which only non-pregnant animals are permitted, where there is no direct fence-to-fence contact with another flock, and from which animals are moved only to another terminal feedlot or directly to slaughter. (56) TAHC--Texas Animal Health Commission, or representatives thereof. (57) USDA--United States Department of Agriculture, APHIS, ARS, or representatives thereof</content><note type="source"><p>Source Note: The provisions of this §60.1 adopted to be effective September 1, 2002, 27 TexReg 8183.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.2"><num value="60.2">§60.2</num><heading>Animal Identification and Record Keeping</heading><content>(a) The following classes of sheep and goats shall be identified using official identification eartags and applied before they are moved from the farm for intrastate or interstate commerce, exhibition, or to be commingled with animals from other farms.(1) Animals to be identified:(A) All sheep 18 months of age and older(B) All breeding sheep regardless of age(C) Sexually intact show or exhibition animals(D) All breeding goats, except low risk goats(E) If the animals are registered, an acceptable alternative to premise identification eartag is the registration tattoo when the animal(s) are accompanied by the registration papers.(F) All exposed, Scrapie-positive, suspect, test-positive, and high-risk animals(2) Wethers or commercial goats that haven't had contact with sheep, are exempt from identification requirements.(b) Animals shall be identified with premises identification prior to commingling with animals from other farms.(c) Issuance of premises identification numbers:(1) The TAHC will issue a premises identification number to each sheep and goat owner upon request. The premises identification will consist of the State Postal abbreviation (TX) followed by up to five alphanumeric digits.(2) Livestock auction markets, slaughter establishments, and owner agents (such as agriculture science instructors, veterinarians, and Texas Cooperative Extension Agents representing 4 H clubs) may also request and receive premises identification.(d) Official identification:(1) Only USDA provided or approved tags shall be used.(2) Premises eartags shall not be removed, and required records must be maintained (see 60.2 (e)).(3) If the animals are registered, an acceptable alternative to an official eartag is the registration tattoo when the animal(s) are accompanied by the registration papers.(e) Eartag application and associated record keeping is the responsibility of any person handling animals under this regulation. Animals do not need to be retagged unless previous tag is lost. Records shall be maintained on all retagged animals.(f) Record Keeping:(1) General Requirements:(A) For the purpose of officially identifying animals that are changing ownership, the person acquiring the animals may act as an agent for the person disposing of or selling these animals. Each person who buys or sells sheep or goats covered under this regulation for his or her own account, or as the agent of the buyer or seller, transports, receives for transportation, offers for sale or transportation, or otherwise handles sheep or goats must insure that the animals are identified as required and must maintain records relating to the transfer of ownership, shipment, or handling of said animals such as auction market drive-in documents, yarding receipts, sale tickets, invoices and waybills.(B) Animals that lose their official identification may be retagged, provided that all possible flocks of origin are listed in the record describing the new identification that is applied. Persons who buy or sell animals that are required to be officially identified must identify the animals if not already officially identified and must maintain records as described in paragraph (3) of this subsection.(C) Said records shall be maintained for a minimum of five years after transaction or transport takes place by the person(s) stipulated in (A).(D) Said records shall be made available to State or APHIS representatives, or an authorized accredited veterinarian, upon request.(E) Premises identification numbers on scrapie suspect, positive, exposed, and high risk animals shall be recorded on VS form 5-20, or other acceptable documents, and forwarded to the Designated Scrapie Epidemiologist.(2) Information required of persons applying, or recording, premises identification numbers prior to movement, or sale, of animals from the premises.(A) Date officially identified(B) Date of movement(C) Number of animals identified(D) Premises number applied(E) If born after January 1, 2002:(i) If not already identified to the flock of birth, insert premises eartag of current owner and record the name and address of the owner of the flock of birth with the individual animal identification number on the premises identification number.(ii) If bearing that premises identification number was applied at the flock of birth, that premises identification number, and (if known) the name and address of the flock of birth shall be recorded.(3) Records required of persons who acquire or who sell or dispose of animals.(A) following records:(i) The number of animals acquired.(ii) The date of purchase or acquisition.(iii) The name and address of the person, or market, from whom the animals were purchased or otherwise acquired.(iv) The species and breed or class of animal.(B) Persons who sell or dispose of sheep or goats must maintain the following records:(i) The number of animals sold or disposed of.(ii) The date of sale.(iii) The name and address of the buyer or person who acquired the animals.(iv) The species and breed or class of animal.(4) Records required of persons (such as accredited veterinarians, markets, dealers, or agents) who apply premises identification that is not assigned to the owner of the premises of origin must record the following information (eartags do not have to be applied in animals already bearing premises identification) and maintained for a minimum of 5 years: For animals without official identification.(A) The date tagged.(B) The number of sheep and the number of goats identified.(C) The serial numbers applied.(D) The name and address of the owner of the flock of origin.(E) If the person who currently owns the animals is different from the owner of the flock of origin or birth, the current owner's name and address.(F) If the owner of the flock of birth is different from the owner of the flock of origin, and if the animals were born after January 1, 2002, the name and address of the owner of the flock of birth if known.(5) Records required of persons overseeing terminal feedlots:(A) Must be maintained for a minimum of 5 years after the animal leaves the feedlot(B) Shall include the name and address of the person consigning the animal to the feedlot(C) Shall include the name and address of the slaughter establishment to which the animal is consigned(D) These records must be made available, upon request, to a TAHC or APHIS representative.</content><note type="source"><p>Source Note: The provisions of this §60.2 adopted to be effective September 1, 2002, 27 TexReg 8183.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.3"><num value="60.3">§60.3</num><heading>Interstate Movement of Sheep and Goats into Texas</heading><content>All sheep and goat must meet the requirements contained in §51.11 and §51.12 of this title (relating to Entry Requirements).</content><note type="source"><p>Source Note: The provisions of this §60.3 adopted to be effective September 1, 2002, 27 TexReg 8183; amended to be effective March 16, 2005, 30 TexReg 1443.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.4"><num value="60.4">§60.4</num><heading>Monitoring and Surveillance</heading><content>(a) Scrapie Flock Certification Program-Producers have the opportunity to enroll their flock in this TAHC-APHIS sponsored program through to certify their flock free of scrapie. Standards include:(1) Flocks are monitored for a period of five years for the presence of clinical signs of scrapie, to achieve "Certified Free" status.(2) All animals one year of age and older are officially identified with a tamper resistant premise and individual identification eartag or at less than 12 months of age if a change of ownership occurs.(3) Flock owner shall immediately report animals displaying clinical signs suspicious of scrapie to his/her veterinarian or an APHIS or TAHC representative who will conduct an investigation. The owner shall sacrifice suspicious animals for appropriate histopathological testing when requested.(4) Owner shall maintain records on all acquisitions, departures, movements, births, and account for all deaths in the flock.(5) Owner shall allow breed associations, livestock markets, and slaughter facilities to disclose records to TAHC and/or APHIS representatives if necessary.(6) Owner shall provide necessary facilities and personnel to assist in inspections and examination of the flock to:(A) verify animal identification; and,(B) check for clinical signs consistent with scrapie; and,(C) check records for completeness and accuracy.(7) Owner shall report to the State Certification Board all acquisitions of sheep from flocks with lower status or from flocks not participating in the program.(b) Farm, slaughter, and market surveillance.(1) Disposition of suspicious animals at the market or on the farm:(A) Clinically suspect and test-positive animals may not be moved from the premises where identified except under permit to a research facility designated by TAHC or APHIS, to a site for destruction, or, when appropriate, back to the flock of origin under hold order.(i) An investigation will be conducted on the animal and the flock of origin.(ii) The animal may be purchased for diagnostic purposes and necropsied, or maintained under hold order until it recovers and is released, or dies and is subjected to a postmortem examination.(B) Clinically suspect animals identified at slaughter facilities must be condemned according to Food Safety and Inspection Service (FSIS) regulations, and samples collected for diagnosis and the carcass removed from the food chain.(2) A random sampling of animals at slaughter will be conducted to identify scrapie-infected flocks.(c) Live animal surveillance testing: TAHC or APHIS representatives may conduct live animal sampling on high-risk animals. Restrictions on the flock will remain until all high-risk animals have been tested negative when they die or are culled from the flock.</content><note type="source"><p>Source Note: The provisions of this §60.4 adopted to be effective September 1, 2002, 27 TexReg 8183.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.5"><num value="60.5">§60.5</num><heading>Management of Affected and Source Flocks, and Exposed, High-Risk, and Suspect Animals</heading><content>(a) All flocks determined to be infected (as per definition of a scrapie positive animal in 60.1) shall be placed under quarantine.(1) All animals and the flock shall be identified.(A) Red tags for positive or QQ animals.(B) White tags for all other animals.(2) The following options shall be offered to the owner.(A) Standard flock plan(B) Pilot project flock plan(C) Post-exposure, management, and monitoring flock plan(D) Complete depopulation of the flock with indemnity (while funds are available)(E) Flocks whose owners decline the options listed in subparagraphs (A)-(D) of this paragraph will be designated as non-compliant and remain under quarantine until the requirements for quarantine release are met.(b) All flocks containing animals suspicious of scrapie, and source flocks, will be placed under hold order and investigated pending final determination:(1) Scrapie suspect animals and animals suspected of other neurological or chronic debilitating disease are required to be made available for destruction (depending on the decision of the Designated Scrapie Epidemiologist) so that diagnostic specimens can be collected and submitted to an APHIS approved laboratory for diagnostic purposes.(2) The Designated Scrapie Epidemiologist for any of the following reasons may remove the suspect designation, of animals reported as positive on the live animal test:(A) If the animal is not showing clinical signs of scrapie, is over 18 months of age, is negative on the third eyelid test, and is RR at the 171 codon on the genotype test; or,(B) An epidemiological investigation shows the animal is not likely to be infected and the third eyelid test cannot be done due to lack of sufficient tissue; or,(C) The animal is purchased for diagnostic purposed, is sacrificed, and is negative on the histopathological tests conducted on tissues submitted.(3) Require removal of the following animals(A) Offspring of positives regardless of genotype(B) Suspects - i.e., animals showing clinical signs or that are positive on an unofficial test(C) Scrapie positive animals(D) Female goats(E) QQ sheep unless exempted and maintained as described in paragraph (4)(E) of this subsection(4) Cleanup options(A) Full flock depopulation - they must either do full genotype plan or take full depopulation, we will allow them to pick and choose QR and RR sheep to keep.(B) Genotype the flock.(C) Retain RRs only. (There was some concern about paying indemnity for QR animals.) Require an enhanced basis PEMMP which would be reviewed annually.(D) Retain RRs and QRs. Follow with enchanted basic PEMMP.(E) Retain RRs, QRs and some QQs under the following conditions:(i) All QQ sheep are quarantined to premise or move by VS 1-27 to slaughter only and arrangements must be made for them to be sampled for testing at slaughter, culling or death.(ii) Keep QQ sheep only if they have negative third eyelid tests (APHIS pays for one test on each QQ sheep, owner is responsible for additional tests).(iii) Full PEMMP as defined in 9 CFR plus the requirements listed here for 5 years after the last positive animal is removed or until all of the original QQs have been removed which ever is longer.(iv) Use double tested RR bucks on entire flock i.e. male animals must be castrated, removed to another premises or tested twice as RR before they reach sexual maturity. Owner could use a QR ram but would be required to genotype the offspring, the first year APHIS would pay for testing, subsequent years would be at owners' expense. (This will allow producers additional time to find a RR ram.)(v) QQ sheep will be identified with two forms of ID, one of which will be an official ear tag or APHIS assigned tattoo in the case of animals that can not retain an ear tag.(vi) QR, HR, or RR genotype of animals sold for breeding purposes must be documented using an official ID and test document or retested at owners' expense prior to sale.(vii) The DSEs determination, based on low scrapie prevalence in flock and adequate management and facilities, that theses retained animals poses a minimal risk.(viii) Establish separate flock with separate equipment for QQ animals.(ix) Require proper lambing hygiene.(c) High-risk animals in other flocks that have been traced out of source or infected flocks will be placed under quarantine until depopulated and tested or the Designated Scrapie Epidemiologist makes another determination.(d) Exposed animals will be placed under hold order and a post-exposure management and a monitoring plan formulated. The Designated Scrapie Epidemiologist will determine the final disposition of the animals.</content><note type="source"><p>Source Note: The provisions of this §60.5 adopted to be effective September 1, 2002, 27 TexReg 8183.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.6"><num value="60.6">§60.6</num><heading>Requirements for Flock Plans, Post-Exposure, Pilot Project Flock Plans and Monitoring Flock Plans</heading><content>(a) The flock owner or his or her agent shall identify all animals 1 year of age and older within the flock. All animals less than one year of age shall be identified with an approved tamper resistant premises identification eartag with individual animal identification when a change of ownership occurs, with the exception of animals under 1 year in slaughter channels.(1) Infected or QQ animals identified with Red tags(2) All others identified with White or Silver Tags.(b) Upon request by TAHC or APHIS, the owner of the flock shall allow an accredited veterinarian or an APHIS or TAHC representative to collect tissues from animals for scrapie diagnostic purposes and submit them to an APHIS approved laboratory.(c) Upon request by a TAHC or APHIS representative, the owner of the flock shall present animals in the flock, and the required records, for inspection and testing.(d) The owner of the flock shall meet TAHC or APHIS requirements to monitor for scrapie, prevent its recurrence, and prevent its spread to other flocks. These include, but are not limited to:(1) Utilization of a live-animal test;(2) Restrictions on animals removed from the flock;(3) Segregated lambing;(4) Cleaning and disinfection of lambing facilities; and/or,(5) Education of the flock owner, and personnel, to recognize clinical signs of scrapie and control its transmission.(e) The flock owner shall immediately report animals exhibiting the following clinical signs to a TAHC or APHIS representative, or an accredited veterinarian, and shall not remove such animals from the flock:(1) weight loss despite retention of an appetite(2) pruritis (itching)(3) motor abnormalities such as incoordination(4) wool pulling(5) biting at the legs or flanks(6) lip smacking(7) high stepping gait of forelimbs(8) bunny hop movement of rear legs(9) swaying of the back end(10) increased sensitivity to noise and sudden movement(11) tremor(12) head pressing(13) or, animals that have tested positive for scrapie on a live animal screening test or any other test for scrapie.(f) The following are for flock plans only:(1) An epidemiological investigation must be conducted to identify high-risk an exposed animals that currently reside in the flock or that previously resided in the flock, and all high-risk animals, scrapie-positive animals and suspect animals must be removed from the flock. The animals must be removed to an approved research facility, or by euthanasia and disposal of the carcasses by burial, incineration, or by other approved methods.(2) The premises under the flock plan must be cleaned and disinfected (C & D'd) in accordance with 9 CFR 54.7.(3) Premises, or a portion of the premises, may be exempted from the cleaning and disinfection if the Designated Scrapie Epidemiologist determines, based on epidemiological investigation that the C & D of such buildings, holding facilities, conveyances, or other material on the premises will not significantly reduce the risk of transmission of scrapie. No facility where a scrapie-positive animal lambed or aborted may be exempted.(4) The flock owner shall request breed associations and registries, livestock markets, and packers to disclose records to TAHC or APHIS representatives to be used to identify trace-ins and trace-outs, source flocks and exposed and high-risk animals.(5) The flock owner shall agree to conduct post-exposure management and monitoring.(g) The following are the requirements for post-exposure management and monitoring plans only. The plan requires that a TAHC or APHIS representative inspect the flock and flock records at least every 12 months. The flock owner shall maintain records for 5 years following removal of the animals from the flock. Recorded shall include:(1) Any identifying marks or tags present on the animal, including but not limited to the premises identification number, individual animal identification number, and any secondary form of identification the owner may employ;(2) Sex, year of birth, breed, and (when possible) the sire, dam, and offspring of the animal;(3) Date of acquisition and the previous flock owner and address, if the animal was not born in the flock; and,(4) Disposition of the animal, including the date and cause of death, if known, or date of removal from the flock and name and address of the person to whom the animal was transferred.(h) Flock plans and post-exposure management and monitoring plans may be modified by the Designated Scrapie Epidemiologist to accommodate the situation of a particular flock if the modified plan requires:(1) A TAHC or APHIS representative inspect the flock and records at least once every 12 months;(2) The animals are tested at a level that will result in a 99% confidence of detecting a one-percent prevalence in the flock (for flock plans only);(3) Identification by approved method of all animals leaving the premises of the flock, for purposes other than slaughter, and of all animals over 18 months of age (as evidenced by the eruption of the second incisor) in slaughter channels; and,(4) Record keeping shall include:(A) For acquired animals, the date of acquisition, name and address of the person from whom the animal was acquired, and all identification.(B) For animals leaving the premises of the flock, the disposition of the animal, including those animals that are required to be identified, any identifying marks, and all identification, the date and cause of death, if known, or date of removal from the flock, and name and address of the person to whom the animal was transferred.(5) Continued for at least 5 years.(i) Post-exposure management and monitoring plans are for exposed flocks that were not source flocks and in which a scrapie infected animal did not give birth. A Designated Scrapie Epidemiologist shall determine the testing and monitoring requirements for these flocks based on the exposure risk of the individual flock.(j) Waiver of requirements for scrapie control pilot projects is allowable if approved by the Administrator of APHIS and the state has a Pilot Project MOU in place.(k) Minimum Requirements for Pilot Project Flock Plans:(1) Restriction of high-risk animals to the premises for movement to slaughter only;(2) Necropsy and testing of all animals over 14 months of age that die, particularly high-risk animals;(3) Third eye-lid testing of all exposed animals over 14 months of age, or when they reach 14 months of age;(4) Retest of all test eligible animals 18 months after the last known exposure to scrapie;(5) Removal of all test-positive animals;(6) Restrictions on the movements of other animals out of the flock except to slaughter unless testing or other methods have been used to insure that they are low risk for spreading scrapie; and,(7) Genotype testing for use as a selection criteria.(8) Removal of all QQ animals.(9) May keep QR and RR animals.(10) Purchase of RR ram(s).</content><note type="source"><p>Source Note: The provisions of this §60.6 adopted to be effective September 1, 2002, 27 TexReg 8183.</p></note></section><section identifier="/us/state/tx/tac/t4/p2/c60/sc/s60.7"><num value="60.7">§60.7</num><heading>Exhibition Requirements</heading><content>(a) Official premises identification is required for sexually intact sheep to be exhibited. For goats, the registration tattoo may be used in lieu of the eartag if the registration papers are in accompaniment of the animals.(b) All female animals over 12 months of age (as evidenced by the eruption of the first pair of incisors) shall be penned separately from animals from different flocks. All animals enrolled in the Scrapie Flock Certification Program shall be handled in such a way that direct contact does not occur with animals from other flocks of lower status. Spacing or solid partitions may be used to maintain separation.(c) If sheep or goats within 30 days pre- or post-parturition, or have a vaginal discharge, are allowed to show, special arrangements shall be made to keep them separate from animals from different flocks and in an area that can and will be properly disinfected, in accordance with 9CFR 54.7.</content><note type="source"><p>Source Note: The provisions of this §60.7 adopted to be effective September 1, 2002, 27 TexReg 8183.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t4/p3"><num value="3">PART 3</num><heading>TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST</heading><chapter identifier="/us/state/tx/tac/t4/p3/c61"><num value="61">CHAPTER 61</num><heading>COMMERCIAL FEED RULES</heading><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scA/s61.1"><num value="61.1">§61.1</num><heading>Definitions</heading><content>Except where otherwise provided, the terms and definitions adopted by the Association of American Feed Control Officials in the last published edition of the annual Official Publication are hereby adopted by reference as the terms and definitions to control in this title. The publication is available from the Association of American Feed Control Officials. In addition, the following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--Texas Commercial Feed Control Act, Texas Agriculture Code, Chapter 141, 1981, as amended.(2) Additive--An ingredient or combination of ingredients added to the basic feed mix or parts thereof to fulfill a specific need which becomes a component of or affects the characteristics of a feed or food if such substance is not generally recognized as safe under the conditions of its intended use.(3) Ammoniated Corn--The product obtained by treating whole corn containing no more than 500 parts per billion (ppb) aflatoxin with anhydrous ammonia under specified conditions of temperature and pressure approved by the Service. Ammoniated corn is not to be considered a single ingredient product.(4) Ammoniated Cottonseed--The product obtained by treating whole cottonseed containing no more than 500 parts per billion (ppb) aflatoxin under specified conditions of temperature and pressure approved by the Service. Ammoniated cottonseed is not to be considered a single ingredient product.(5) Ammoniated Cottonseed Meal--The product obtained when cottonseed meal is treated with anhydrous ammonia until a pressure of 50 pounds per square inch gauge is reached. It is to be used in the feed of ruminants in an amount not to exceed 20% of the total ration. Ammoniated cottonseed meal is not to be considered a single ingredient product.(6) Annual Products--Commercial feed product packaged in individual containers of five pounds or less only.(7) Bagged--Enclosure of feed in any container.(8) Chemical Adulterant--Any compound-natural or synthetic-possessing little or no intrinsic nutritional value, avoidably present at levels inconsistent with its generally accepted use in a feed or unavoidably present at levels in a feed above those authorized by the Service.(9) Container--A bag, box, carton, bottle, object, barrel, package, apparatus, device, appliance, or other item of any capacity into which a feed is packed, poured, stored, or placed for handling, transporting, or distributing.(10) Cottonseed, Feed Grade--Sound, mature, unhulled seed of the genus Gossypium left after ginning. Fee fatty acids shall not exceed 12.5%, moisture shall not exceed 20%, and foreign matter shall not exceed 10%.(11) Feed Product Produced and Sold by a Farmer--Homogeneous, unprocessed and whole grain, whole seed, and unground hay and any hulls not containing toxins or chemical adulterants for which rules or action levels exist are exempt from licensing, labeling and inspection fees. Exempt feed products offered for sale by a farmer must be grown on land solely under the framer's control, and be handled and transported under the farmer's control. Green forage crops thus produced, including ensilage produced from an exempt crop, are also exempt.(12) Natural--Describes a feed or feed ingredient produced solely by or derived solely from plants, animals, or minerals, whether unprocessed or processed according to generally accepted industry standards, which has not been exposed to ionizing radiation and does not contain any man-made materials except in such amounts as might occur unavoidably in good processing practices. The term is understood to include as "natural" flavors and flavorings so designated under 21 CFR 501.22(a)(3).(13) Organic--When applied to a product, to a compound, to a mixture of compounds or to a specific constituent used as an ingredient means that the claim of the product, compound, mixture of compounds, or constituent to be organic has been allowed or allowed with restriction by the United States Department of Agriculture's National Organic Program or the Texas Department of Agriculture's Organic Certification Program. (Materials described as organic must still conform to the Texas Commercial Feed Control Act if they are used in feeds.)(14) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.(15) Pet Food--Any commercial feed prepared and distributed for consumption by a dog or cat or an animal normally maintained in a cage or tank in or near the household(s) of the owner such as, but not limited to, gerbils, hamsters, birds, fish, snakes, and turtles.(16) Salvage--When applied to an ingredient or combination of ingredients, refers only to those products that have been damaged by natural causes, such as fire, water, hail, or windstorm, or by conveyance mishap. Does not apply to recovered production line products which are suitable for reprocessing.(17) Service--Texas Feed and Fertilizer Control Service.(18) Toxin--Any compound causing adverse biological effects including, but not limited to, poisons, carcinogens or mutagens, produced by an organism avoidably present at any level or unavoidably present at levels in a feed above those authorized by the Service.(19) Weed Seeds--Those seeds declared prohibited or restricted noxious weed seeds by the Texas Agriculture Code, §61.008 (concerning Noxious Weed Seeds).(20) Wildlife--Any feral animal, any animal not normally considered as domesticated in Texas or any animal living in a state of nature.</content><note type="source"><p>Source Note: The provisions of this §61.1 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective February 13, 1991, 16 TexReg 543; amended to be effective May 26, 1992, 17 TexReg 3471; amended to be effective January 1, 1996, 20 TexReg 10257; amended to be effective September 23, 1997, 22 TexReg 9470; amended to be effective September 30, 1999, 24 TexReg 8152; amended to be effective September 17, 2000, 25 TexReg 9209; amended to be effective January 1, 2004, 28 TexReg 10927; amended to be effective January 1, 2019, 43 TexReg 8086.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scA/s61.2"><num value="61.2">§61.2</num><heading>Commercial Feed</heading><content>(a) Whole grain and seeds distributed with labels which suggest--by word, by picture or by seller representation--that they may be fed to wildlife are commercial feeds under the Act, §141.002(e).(b) All feed materials are considered commercial feeds, except:(1) those exempted under the Act, §141.002(c) referring to commercial feed; and(2) salvage feed materials.(c) Commercial feeds may not contain:(1) any adulterants as listed in the Act, §141.148 referring to distribution of adulterated feed; or(2) salvage feed materials.</content><note type="source"><p>Source Note: The provisions of this §61.2 adopted to be effective September 30, 1999, 24 TexReg 8152.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scB"><num value="B">SUBCHAPTER B</num><heading>LICENSING</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scB/s61.11"><num value="61.11">§61.11</num><heading>Application for Licensing</heading><content>(a) A facility shall not be granted a license unless and until:(1) it has filed a completed application form and other information necessary for the conduct of the Service's business; and(2) paid the appropriate fees.(b) No facility shall distribute commercial feed in Texas until it has received affirmative notification of its licensing either originally or as amended.(c) The Service may require the applicant to submit evidence satisfactory to the Service respecting the safety and efficacy of any of its commercial feeds, including, but not limited to, labels and labeling, prior to approval of a license application:(1) if any feed contains an additive (including drugs, special purpose and/or non-nutritive additives) not previously recognized as safe and effective by the United States Food and Drug Administration for its labeled use or does not possess GRAS animal status; or(2) if any feed normally exempt, but adulterated, so special control by the Service is necessary, including, but not limited to, those feeds incorporating mycotoxin-contaminated ingredients, ammoniated ingredients or animal litter.</content><note type="source"><p>Source Note: The provisions of this §61.11 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective June 10, 1992, 17 TexReg 3903; amended to be effective January 1, 1996, 20 TexReg 10257.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scC"><num value="C">SUBCHAPTER C</num><heading>LABELING</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scC/s61.21"><num value="61.21">§61.21</num><heading>General Label Restrictions</heading><content>(a) All labeling information required by §141.051 or §141.052 of the Act or by this title shall appear in its entirety on one side of the label or one side of the feed container, except directions for use or precautionary statements, which shall appear in a prominent place on the label or container, but not necessarily on the same side of such label or container as other required label information. When directions for use or cautionary statements appear on a different side of the label or container than its principal display panel, such principal display panel shall bear a reference to such information (e.g., "See back for directions for use").(b) No labeling information required by the Act or this title shall be obscured or subordinated by other statements or designs.(c) A trademark or trade name owned by another person may form part of the labeling of a commercial feed provided that:(1) the trademark, in the opinion of the Service, contributes significantly in conveying to the purchaser important information respecting a distinctive characteristic of the product;(2) the display of the trademark or trade name is no more conspicuous than the display of the name of the registrant or guarantor of the product or other required information, i.e., its style, size and color of print makes it no more likely to be read than the accompanying/surrounding word(s), statement(s) or other required information;(3) the user of the trademark has permission from the "owner" to use the trademark.(d) No declaration of content shall appear in the ingredient statement or other part of a proprietary feed unless the declaration is made for each and all ingredients, except:(1) when required by law; or(2) when necessary to conform to good manufacturing or feeding practices.(e) When the label of a commercial feed declares the common name of a component or ingredient or a combination of components or ingredients and emphasis is placed on such ingredients or combinations thereof without reference to a percentage value, the Service may require a showing of scientific data that the ingredient or combination of ingredients is present in sufficient quantities to impart a distinctive characteristic to the product. If reference is made to a percentage value for such ingredient or combination of ingredients, the Service, in addition, may require:(1) that the percentage reference be determinable by accepted laboratory methods; and(2) that the applicant provide, upon request, an analysis of the ingredient or combination of ingredients made by a private laboratory.(f) The labeling of animal feeds and intended use must be consistent with the intended purpose of the product.(g) All guaranteed analyses must be in the same size and style.(h) The name of each and every ingredient must be shown in letters or type of the same size and style.(i) Any and all words or statements or other label information required by the Act shall appear in a size and style easily read by the average person under ordinary conditions.</content><note type="source"><p>Source Note: The provisions of this §61.21 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective June 25, 1992, 17 TexReg 4250; amended to be effective February 28, 1995, 20 TexReg 1013; amended to be effective January 1, 1996, 20 TexReg 10258.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scC/s61.22"><num value="61.22">§61.22</num><heading>Labeling of Commercial Feed</heading><content>Commercial feed shall be labeled with the information prescribed in the Texas Commercial Feed Control Act (Act) and this chapter on the principal display panel of the product with the following general format, unless otherwise specifically provided.(1) Purpose Statement(A) A statement of purpose shall contain the specific species and animal class(es) for which the feed is intended. The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended.(B) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, specie and purpose while being consistent with the category of animal class defined in this subparagraph which may include, but is not limited to including, the weight range(s), sex or ages of the animal(s) for which the feed is manufactured.(i) Poultry(I) Layers--chickens that are grown to produce eggs for food, i.e., table eggs:(-a-) Starting/Growing--from day of hatch to approximately ten weeks of age;(-b-) Finisher--from approximately ten weeks of age to time first egg is produced. (Approximately 20 weeks of age);(-c-) Laying--from time first egg is laid throughout the time of egg production;(-d-) Breeders--chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs, from time first egg is laid throughout their productive cycle.(II) Broilers--chickens that are grown for human food:(-a-) Starting/Growing--from day of hatch to approximately five weeks of age;(-b-) Finisher--from approximately five weeks of age to market (42 to 52 days);(-c-) Breeders--hybrid strains of chickens whose offspring are grown for human food (broilers), any age and either sex.(III) Broilers, Breeders--chickens whose offspring are grown for human food (broilers):(-a-) Starting/Growing--from day of hatch until approximately ten weeks of age;(-b-) Finishing--from approximately ten weeks of age to time first egg is produced, approximately 20 weeks of age;(-c-) Laying--fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced.(IV) Turkeys:(-a-) Starting/Growing--turkeys that are grown for human food from day of hatch to approximately 13 weeks of age (males);(-b-) Finisher--turkeys that are grown for human food, females from approximately 17 weeks of age; males from 16 weeks of age to 20 weeks of age, (or desired market weight);(-c-) Laying--female turkeys that are producing eggs; from time first egg is produced, throughout the time they are producing eggs;(-d-) Breeder--turkeys that are grown to produce fertile eggs, from day of hatch to time first egg is produced (approximately 30 weeks of age), both sexes.(V) Ducks:(-a-) Starter--0 to 3 weeks of age;(-b-) Grower--3 to 6 weeks of age;(-c-) Finisher--6 weeks to market;(-d-) Breeder Developer--8 to 19 weeks of age;(-e-) Breeder--22 weeks to end of lay.(VI) Geese:(-a-) Starter--0 to 4 weeks of age;(-b-) Grower--4 to 8 weeks of age;(-c-) Finisher--8 weeks to market;(-d-) Breeder Developer--10 to 22 weeks of age;(-e-) Breeder--22 weeks to end of lay.(ii) Swine.(I) Pre-Starter--2 to 11 pounds;(II) Starter--11 to 44 pounds;(III) Grower--44 to 110 pounds;(IV) Finisher--110 to 242 pounds (market);(V) Gilts, Sows and Adult Boars;(VI) Lactating Gilts and Sows.(iii) Beef Cattle.(I) Calves (birth to weaning);(II) Cattle on Pasture (may be specific as to production stage, i.e., stocker, feeder, replacement heifers, brood cows, bulls, etc.);(III) Feedlot Cattle.(iv) Dairy Cattle.(I) Veal Milk Replacer--milk replacer to be fed for veal production;(II) Herd Milk Replacer--milk replacer to be fed for herd replacement;(III) Starter--approximately 3 days to 3 months;(IV) Growing Heifers, Bulls, and Dairy Beef:(-a-) Grower 1--3 months to 12 months of age;(-b-) Grower 2--more than 12 months of age;(V) Lactating Dairy Cattle;(VI) Non-Lactating Dairy Cattle.(v) Fish(I) Trout;(II) Catfish;(III) Species other than trout or catfish.(vi) Rabbit.(I) Grower--4 to 12 weeks of age;(II) Breeder--12 weeks of age and over.(vii) Equine.(I) Foal;(II) Mare;(III) Breeding;(IV) Maintenance.(viii) Goat and Sheep.(I) Starter;(II) Grower;(III) Finisher;(IV) Breeder;(V) Lactating.(C) The purpose statement may be excluded from the label if the product name includes a description of the specie(s) and animal class(es) for which the product is intended.(D) A purpose statement of a premix limited to use in the further manufacture of commercial feed may exclude the animal class and species and state "For the Manufacture of Commercial Feed" if the nutrients contained in the premix are guaranteed an sufficient for formulation into various animal species feeds.(E) The purpose statement of single purpose ingredients blend limited to use in the further manufacture of commercial feed, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may exclude the animal class and species and state "For Further Manufacturing of Feed" if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds.(F) The purpose statement of a product shall include a statement of enzyme functionality if enzyme activity is represented in any manner.(G) The statement of purpose for single ingredient feeds shall be stated as "Single Ingredient Feed" or "Feed Ingredient". The manufacturer of a single ingredient feed or feed ingredient shall have flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class.(2) Product name and brand name, if any.(A) The brand and product name shall be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith.(B) The word "protein" shall not be permitted in the product name of a feed that contains non-protein nitrogen.(C) The word "vitamin," or a contraction thereof, or any word suggesting vitamin, shall be used only in the name of a feed which is represented to be a vitamin supplement and which is labeled with the minimum content of each vitamin declared, as specified in paragraph (9)(E) of this section.(D) The term "mineralized" shall not be used in the name of a feed, except for when contained in the expression "trace mineralized salt." When this phrase is displayed on the label, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.(E) The term "meat" or "meat by-products" shall be qualified on the label to designate the type of animal from which the meat or meat by-products are derived unless the meat or meat by-products are from cattle, swine, sheep, and goats.(F) When the product name or brand name of a feed carries a percentage value, it shall be understood to signify the protein and/or equivalent protein of the feed content only, even though such percentage value is not explicitly modified by the word "protein." Other percentage values are permitted in the product name or brand name of a feed if such percentages are followed by a proper description and conform with good labeling practices.(G) Digital numbers shall not be used in the product name or brand name of a feed in such a manner as to be misleading or confusing to a consumer.(H) Unless otherwise specified, single ingredient feeds shall have a product name which comports with the ingredient name assigned to such product by the Association of American Feed Control Officials in its official publication, adopted by reference in §61.1 of this title (relating to Definitions), and shall meet the standard of identity and, where required, list the guarantees of that standard.(3) Drug additives, when present.(A) The word "medicated" shall be placed directly following and below the product name in type size no smaller than one-half the size of the product name.(B) The purpose of the medication (claim statement) shall be stated.(C) The label shall state any warning or cautionary statement relating to such drug additive required by paragraph (6) of this section, or reference to where such warning or cautionary statement may be found.(D) The label shall display active drug ingredient statement listing:(i) each drug ingredient by its common or usual name; and(ii) the amount of each ingredient.(4) Guarantees--Crude Protein, Non-Protein Nitrogen, Amino Acids, Crude Fat, Crude Fiber, Acid Detergent Fiber, Calcium, Phosphorus, Salt and Sodium shall be the sequence of nutritional guarantees when such guarantee is stated. Other required and voluntary guarantees should follow in a general format such that the units of measure used to express guarantees (percentage, parts per million, International Units, etc.) are listed in a sequence that provides a consistent grouping of the units of measure.(A) Poultry:(i) Chickens and Turkeys--complete feeds and supplements for all animal classes:(I) Minimum percentage of crude protein;(II) Minimum percentage of lysine;(III) Minimum percentage of methionine;(IV) Minimum percentage of crude fat;(V) Maximum percentage of crude fiber;(VI) Minimum and maximum percentage of calcium;(VII) Minimum percentage of phosphorus;(VIII) Minimum and maximum percentage of salt (if added);(IX) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee.(ii) Ducks and Geese--complete feeds and supplements for all animal classes:(I) Minimum percentage of crude protein;(II) Minimum percentage of crude fat;(III) Maximum percentage of crude fiber;(IV) Minimum and maximum percentage of calcium;(V) Minimum percentage of phosphorus;(VI) Minimum and maximum percentage of salt (if added);(VII) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee.(B) Swine--complete feeds and supplements for all animal classes:(i) Minimum percentage of crude protein;(ii) Minimum percentage of lysine;(iii) Minimum percentage of crude fat;(iv) Maximum percentage of crude fiber;(v) Minimum and maximum percentage of calcium;(vi) Minimum percentage of phosphorus;(vii) Minimum and maximum percentage of salt (if added);(viii) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;(ix) Minimum selenium in parts per million (ppm);(x) Minimum zinc in parts per million (ppm).(C) Beef Cattle:(i) Complete Feeds and Supplements--all animal classes:(I) Minimum percentage of crude protein;(II) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;(III) Minimum percentage of crude fat;(IV) Maximum percentage of crude fiber;(V) Minimum and maximum percentage of calcium;(VI) Minimum percentage of phosphorus;(VII) Minimum and maximum percentage of salt (if added);(VIII) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;(IX) Minimum percentage of potassium;(X) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(ii) Mineral Feeds (if added):(I) Minimum and maximum percentage of calcium;(II) Minimum percentage of phosphorus;(III) Minimum and maximum percentage of salt;(IV) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;(V) Minimum percentage of magnesium;(VI) Minimum percentage of potassium;(VII) Minimum copper in parts per million (ppm);(VIII) Minimum selenium in parts per million (ppm);(IX) Minimum zinc in parts per million (ppm);(X) Minimum vitamin A, other than precursors of vitamin A, in international units per pound.(D) Dairy Cattle:(i) Complete Feeds and Supplements--all animal classes:(I) Minimum percentage of crude protein;(II) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;(III) Minimum percentage of crude fat;(IV) Maximum percentage of crude fiber;(V) Maximum percentage of acid detergent fiber (ADF);(VI) Minimum and maximum percentage of calcium;(VII) Minimum percentage of phosphorus;(VIII) Minimum selenium in parts per million (ppm);(IX) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(ii) Mixing and Pasture Mineral Feeds (if added):(I) Minimum and maximum percentage of calcium;(II) Minimum percentage of phosphorus;(III) Minimum and maximum percentage of salt;(IV) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;(V) Minimum percentage of magnesium;(VI) Minimum percentage of potassium;(VII) Minimum selenium in parts per million (ppm);(VIII) Minimum vitamin A, other than precursors of vitamin A, in international units per pound.(E) Veal and Herd Replacement Milk Replacer:(i) Minimum percentage of crude protein;(ii) Minimum percentage of crude fat;(iii) Maximum percentage of crude fiber;(iv) Minimum and maximum percentage of calcium;(v) Minimum percentage of phosphorus;(vi) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(F) Fish Complete Feeds and Supplements:(i) Minimum percentage of crude protein;(ii) Minimum percentage of crude fat;(iii) Maximum percentage of crude fiber;(iv) Minimum percentage of phosphorus.(G) Rabbit Complete Feeds and Supplements--all animal classes:(i) Minimum percentage of crude protein;(ii) Minimum percentage of crude fat;(iii) Minimum and maximum percentage of crude fiber (the maximum crude fiber shall not exceed the minimum by more than 5.0 percentage units);(iv) Minimum and maximum percentage of calcium;(v) Minimum percentage of phosphorus;(vi) Minimum and maximum percentage of salt (if added);(vii) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;(viii) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(H) Equine:(i) Complete Feeds and Supplements--all animal classes:(I) Minimum percentage of crude protein;(II) Minimum percentage of crude fat;(III) Maximum percentage of crude fiber;(IV) Minimum and maximum percentage of calcium;(V) Minimum percentage of phosphorus;(VI) Minimum copper in parts per million (ppm);(VII) Minimum selenium in parts per million (ppm):(VIII) Minimum zinc in parts per million (ppm);(IX) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(ii) Mineral--all animal classes:(I) Minimum and maximum percentage of calcium;(II) Minimum percentage of phosphorus;(III) Minimum and maximum percentage of salt (if added);(IV) Minimum and maximum percentage of sodium (guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee);(V) Minimum copper in parts per million (ppm);(VI) Minimum selenium in parts per million (ppm);(VII) Minimum zinc in parts per million (ppm);(VIII) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(I) Goat and Sheep Complete Feeds and Supplements--all animal classes:(i) Minimum percentage of crude protein;(ii) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;(iii) Minimum percentage of crude fat;(iv) Maximum percentage of crude fiber;(v) Minimum and maximum percentage of calcium;(vi) Minimum percentage of phosphorus;(vii) Minimum and maximum percentage of salt (if added);(viii) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;(ix) Minimum and maximum copper in parts per million (ppm) (if added, or if total copper exceeds 20 ppm);(x) Minimum selenium in parts per million (ppm);(xi) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).(J) Feeds for Other Animal Classes and Species not specifically mentioned above:(i) Minimum percentage of crude protein;(ii) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;(iii) Minimum percentage of crude fat;(iv) Maximum percentage of crude fiber;(v) Minimum and maximum percentage of calcium;(vi) Minimum percentage of phosphorus;(vii) Minimum and maximum percentage of salt (if added);(viii) Minimum and maximum percentage of total sodium shall be guaranteed when total sodium exceeds that furnished by the maximum salt guarantee;(ix) Other Minerals;(x) Vitamins;(xi) Total sugars as invert;(xii) Microorganisms.(K) Grain Mixtures with or without Molasses.(i) Minimum percentage of crude protein;(ii) Minimum percentage of crude fat;(iii) Maximum percentage of crude fiber;(iv) Total sugars as invert.(L) A commercial feed (e.g., vitamin/mineral premix, base mix,etc.) intended to provide a specialized nutritional source for use in the manufacture of other feeds, must state its intended purpose and guarantee those nutrients relevant to such stated purpose.(M) The label of a feed intended for wildlife which contains(i) 20-50 ppb aflatoxin requires a prominent statement similar to, "WARNING: Product contains less than 50 ppb aflatoxin. Not for lactating dairy animals. Not for human use"; the distributor may choose to add a statement to the label similar to, "Meets the Texas Standard for Wildlife Feed" adjacent to the warning statement;(ii) less than 20 ppb aflatoxin requires no warning statement nor any statement of aflatoxin content; the distributor may choose to add a statement to the label similar to, "Product contains less than 20 ppb aflatoxin" or "Meets the Texas Standard for Wildlife Feed."(5) Feed ingredients.(A) The feed ingredients statement for a commercial feed shall include the name of each ingredient in the feed or the collective term for each grouping of feed ingredients contained in the feed, unless empted under subparagraph (H) of this paragraph.(B) The name of each ingredient or grouping of ingredients listed shall be:(i) the official term for the ingredient or grouping of ingredients adopted by the Association of American Feed Control Officials in its official publication, adopted by reference in §61.1 of this title (relating to Definitions);(ii) the common or usual name for the ingredient; or(iii) a name approved by the Service.(C) When a collective term for a group of ingredients is used on the label of a feed:(i) individual ingredients within that group shall not be listed on the label; and(ii) the Service may require the manufacturer to provide a listing of the individual ingredients within the group that are or have been used in the product as distributed in this state.(D) Tentative definitions for feed ingredients shall not be used until adopted as an official definition by the Association of American Feed Control Officials, unless no official definition exists or the ingredient has a commonly accepted name that requires no definition (e.g., sugar).(E) No reference to quality or grade of an ingredient shall appear in the ingredients statement.(F) The term "dehydrated" may precede the name of any product that has been artificially dried.(G) When the term "iodized" is used in connection with a feed ingredient, the ingredient shall contain not less than 0.007% iodine uniformly distributed.(H) Exemptions:(i) Carrier ingredients in products used solely as drug and vitamin premixes need not be named in the ingredients statement if:(I) any changes in the carrier will not affect the purposes of the premix;(II) the carrier ingredient is recognized by the Service as being safe;(III) the carrier will not affect the safety, potency, or efficacy of the finished product.(ii) Single ingredient feeds are not required to have an ingredient statement.(6) Directions for use and cautionary statements.(A) All feeds which contain additives which require restricted distribution to avoid violation of §141.148(a)(2) or (6) of the Texas Feed Control Act or have been ammoniated for the purpose of minimizing aflatoxin contamination shall have included on their label directions for use and cautionary statements which shall:(i) be adequate to enable safe and effective use of the product for its intended purposes by users with no special knowledge of the purposes and use of such articles; and(ii) include, but not limited to, all information prescribed by the Code of Federal Regulations, Title 21.(B) All feeds supplying particular dietary needs or for supplementing or fortifying the diet or ration with any vitamin, mineral, or other dietary nutrient or compound shall have included on their label adequate directions for use and any cautionary statement necessary for their safe and effective use.(i) All mixed feeds containing urea or other non-protein nitrogen products shall have included on their label:(I) the statement "Warning: (or "Caution.") Use as Directed" followed by adequate directions for the safe use of the feed if the equivalent protein from non-protein nitrogen in the feed exceeds one-third of the total crude protein, or more than 8.75% of the equivalent protein is from non-protein nitrogen; and(II) a separate maximum guarantee for non-protein nitrogen originating from the addition of a mineral.(ii) All mixed feeds containing ammoniated corn, ammoniated cottonseed, or ammoniated cottonseed meal shall have included on their labels:(I) the term "ammoniated corn," "ammoniated cottonseed," or "ammoniated cottonseed meal" as separate and distinct entities in the ingredient statement in the proper order of predominance;(II) any warning statements which might be required by §61.22(6)(B)(i).(iii) Premixes, concentrates or supplements containing more than 1.25% equivalent protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement: "WARNING: This feed must be used only in accordance with directions furnished on the label."(iv) All directions for use required by this subparagraph shall be printed in a size of type such that the directions will be read and understood by ordinary persons under customary conditions of purchase and use.(v) This subparagraph shall apply to all commercial feeds.(vi) Feeds, such as medicated feeds, which are required to be labeled with adequate feeding directions and cautionary statements irrespective of the provisions of this subparagraph, shall not be required to bear duplicate feeding directions or cautionary statements on their labels if such statements as are otherwise required are sufficient to ensure the safe and effective use of the product due to the presence of non-protein nitrogen.(C) Fluorine bearing phosphatic materials shall have included on their label the statement: "Caution--Mix at the rate to not raise the fluorine content in a total ration (exclusive of roughage) above the following levels:(i) 0.004% for breeding and dairy cattle;(ii) 0.009% for slaughter cattle;(iii) 0.006% for sheep;(iv) 0.01% for lambs;(v) 0.015% for swine; and(vi) 0.03% for poultry."(D) All feeds containing recycled animal waste products shall guarantee copper and if the guarantee exceeds 25 ppm (0.0025%) shall bear the legend "WARNING: CONTAINS MORE THAN 25 PPM COPPER. DO NOT FEED TO SHEEP OR GOATS."(7) The name and principal mailing address of the person responsible for distributing the feed.(A) The principal mailing address shall include the street address, city, state, and zip code; provided, however, that the street address may be omitted if the address is listed in a current city directory or telephone directory.(B) The labeling may bear the name of the purchaser as well as the manufacturer, provided the product is for in-plant use and not for resale.(C) The labeling may bear the name of the distributor as well as the manufacturer, provided that the guarantor of the product is specifically stated.(8) Quantity Statement(A) Net weight and/or net liquid volume must be expressed both in English and in SI units:(i) when the quantity statement is expressed in net pounds, the corresponding SI units shall be in kilograms and vice-versa;(ii) when the quantity statement is expressed in net quarts or gallons, the corresponding SI unit shall be in liters and vice-versa;(iii) when the quantity statement is expressed in net avoirdupois ounces or net fluid ounces, the corresponding SI units shall be in grams and milliliters respectively and vice-versa;(iv) any fractional number which arises expressing the net weight in both systems shall be limited to two decimal places and the number rounded down.(B) All dry and liquid bulk shipments shall declare net weight only.(C) Net contents other than net weight or net volume shall be expressed as the sum total of the smallest individual unit in the container going to the final customer.(D) Measurement.(i) Net weights of packages dry and liquid bulk shall be determined directly from scales or for bulk liquids only as calculated from volume and specific gravity/density.(ii) Conformance to weight guarantee shall be judged solely by use of certified scale defined in accordance with Texas Department of Agricultural standards.(iii) Dip-sticks, uncertified/uncalibrated meters or sight gauges shall not be used to estimate volume. Scales not certified in accordance with the Texas Department of Agriculture standards shall not be used for net weights.(iv) Net weights shall meet both the English and SI statements on the label.(v) Conformance to guarantee of number shall be judged by count of intact individual units.(9) Expression of Guarantees.(A) The guarantees for crude protein, amino acids and crude fat shall be in terms of minimum percentage.(B) The guarantees for crude fiber and acid detergent fiber shall be in terms of maximum percentage.(C) The percentage of equivalent protein from non-protein nitrogen shall be guaranteed as follows:(i) In feeds designated for ruminants--(I) Complete feeds, supplements, and concentrates containing more than 5.0% protein from natural sources shall bear the following statement of guarantee: "Crude protein, minimum % (This includes not more than % equivalent protein from non-protein nitrogen.)"(II) Mixed feed concentrates and supplements containing less than 5.0% protein from natural sources may bear the following statement of guarantee: "Equivalent crude protein from non-protein nitrogen, minimum %."(III) Ingredient sources of non-protein nitrogen, such as urea, diammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or any other basic non-protein nitrogen ingredient shall bear the following statement of guarantee: "Nitrogen, minimum %. Equivalent crude protein from non-protein nitrogen, minimum %."(IV) Liquid feed supplements shall bear the following statement of guarantee: "Crude protein not less than % (This includes not more than % equivalent protein from non-protein nitrogen.)"(ii) Feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein containing urea or other non-protein nitrogen products shall be labeled as follows: Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such. Crude protein, minimum %. (This includes not more than % equivalent crude protein which is not nutritionally available to (species of animal for which feed is intended)).(D) The guarantees for minerals shall be expressed as follows.(i) Commercial feeds containing calcium, phosphorus and/or salt shall include a guaranteed analysis of the following minerals in the following order:(I) minimum and maximum percentage of calcium (Ca);(II) minimum percentage of phosphorus (P);(III) minimum and maximum percentages of salt (NaCl), when required; and(IV) such other minerals as may be required by clause (ii) in this subparagraph.(ii) Other minerals shall be expressed as follows:(I) If the quantity statement is by weight:(-a-) guarantees for minimum potassium, magnesium and maximum fluoride when used shall be stated in terms of percentage.(-b-) Other minimum mineral guarantees shall be stated in percentage when used when the concentration is 1.00% (10,000 ppm) or greater; below 10,000 ppm these guarantees shall be expressed in ppm.(II) If the quantity statement is in tablet, capsules, granules, liquids or boluses, then the guarantee is in mg per unit consistent with quantity statement and directions for use.(III) When calcium, salt and sodium guarantees are given in the guaranteed analysis, such guarantees shall conform to the following.(-a-) When the minimum is 5.0% or less, the maximum shall not exceed the minimum by more than one percentage point.(-b-) When the minimum is above 5.0%, the maximum shall not exceed the minimum by more than 20% and in no case shall the maximum exceed the minimum by more than five percentage points.(IV) Naturally occurring mineral phosphatic materials for feeding purposes shall be labeled with a guaranteed analysis of the minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.(E) If made, the guarantees for vitamins shall be expressed as follows.(i) The minimum vitamin content of commercial feeds and feed supplements shall be stated on the label in milligrams per pound or units consistent with the quantity statement and with the directions for use, except that:(I) vitamin A, other than precursors of vitamin A, shall be stated in international units per pound;(II) vitamin D3, in products offered for poultry feeding, shall be stated in international chick units per pound;(III) vitamin D, for other uses, shall be stated in terms of international units per pound;(IV) vitamin E shall be stated in international units per pound;(V) vitamin B12 shall be stated in milligrams or micrograms per pound;(VI) oils and premixes containing vitamins A, D and/or E may be labeled to show vitamin content in terms of units per gram.(ii) Guarantees for vitamin content on the label of a commercial feed shall state the guarantees as menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid and/or carotene.(F) The guarantees for antibiotics shall be expressed in terms of percent by weight, except that:(i) antibiotics present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton (total) of commercial feed;(ii) antibiotics present at more than 2,000 grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed;(iii) the amount of a drug or antibiotic may be expressed in terms of milligrams per pound where the dosage given in the feeding directions is given in milligrams.(G) The analysis shall include the minimum percentage total sugars as invert on products being sold for their molasses content or products containing more than 16% sugars.(H) The analysis shall include the maximum percent moisture on liquid feed supplements and liquid ingredients containing more than 20% moisture.(I) Microorganisms need not be guaranteed when the commercial feed is intended for a purpose other than to furnish these substances and no other specific label claims are made. When guaranteed, the units shall be colony forming units (CFU) per gram if directions for use are in grams or in CFU per pound when directions for use are in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.(J) Other required and voluntary guarantees should follow in a general format such that the units of measure used to express guarantees (percentage, parts per million, international units, etc.) are listed in a sequence which provides a consistent grouping of the units of measure.(K) The sliding scale method of expressing guarantees (e.g., "protein is 15-18%, etc.") is prohibited.(L) Unless otherwise provided by this section, guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, and crude fiber will be in terms of percentage by weight.(M) Commercial, registered brand, or trade names are not permitted for use in a statement of guarantee, unless followed by a parenthetical statement giving the technical name of the ingredient.(N) Exemptions are as follows.(i) Guarantees for vitamins are not required for commercial feed which is neither formulated nor in any manner represented as a vitamin supplement.(ii) Guarantees for crude protein, crude fat, and crude fiber are not required for commercial feed not intended to furnish these substances, or for feeds in which these substances are of minor significance to the primary purpose of the product (e.g., drug premixes, mineral or vitamin supplements, or molasses).(iii) Liquid ingredients need not be guaranteed to show maximum moisture content when moisture is the difference between the guarantee element and 100% or when the moisture content of the ingredient is less than 20%.(iv) Whole feed-grain, unprocessed in any manner save mechanical blending or mixing with other batches of the same whole kernel feed-grade grain, need not provide guarantees for protein, fat, and fiber.(v) A mineral guarantee is not required:(I) when the feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total minerals; and(II) when the feed or feed ingredient is not represented nor does it serve as a principle source of that mineral to the animal.(O) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min/milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based upon the amount of enzymatic activity provided.</content><note type="source"><p>Source Note: The provisions of this §61.22 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective February 13, 1991, 16 TexReg 543; amended to be effective June 25, 1992, 17 TexReg 4250; amended to be effective December 16, 1992, 17 TexReg 8433; amended to be effective February 28, 1995, 20 TexReg 1013; amended to be effective January 1, 1996, 20 TexReg 10258; amended to be effective September 23, 1997, 22 TexReg 9471; amended to be effective October 3, 1999, 24 TexReg 8153; amended to be effective November 19, 2007, 32 TexReg 8307; amended to be effective February 1, 2017, 42 TexReg 308.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scC/s61.23"><num value="61.23">§61.23</num><heading>Labeling of Customer-Formula Feed</heading><content>(a) If a customer-formula feed is identified by a label under the Act, §141.053(a), the label, in addition to the requirements of that section, shall bear the following information.(1) If the feed contains drug additives, the label shall include:(A) the purpose of the medication;(B) any directions for use or cautionary statements required by §61.22(6) of this title (relating to Labeling of Commercial Feed); and(C) any active drug ingredient statement required by §61.22(3)(D) of this title (relating to Labeling of Commercial Feed).(2) If the feed is derived from a feed that has been altered, the label shall include:(A) the label of the feed from which the product was derived; and(B) a listing of the deleted, added, or substituted ingredients and their guaranteed analysis.(b) If a customer-formula feed is identified by label under the Act, §141.053(b), concerning the labeling of customer-formula feed, the following shall apply.(1) This alternate method of labeling customer-formula feed shall be accomplished by use of forms prescribed by the Service and signed by both the seller and the purchaser.(2) The original of the form shall, within five days of the transaction, be sent to the Texas Feed and Fertilizer Control Service, P.O. Box 3160, College Station, Texas 77841.(3) The duplicate of the form shall be given to the purchaser simultaneously with the invoice covering the first transaction involving the feed. Any invoices covering subsequent transactions involving the feed shall reference the form. A copy of the form shall be retained by the seller.</content><note type="source"><p>Source Note: The provisions of this §61.23 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective October 29, 1992, 17 TexReg 7223; amended to be effective January 1, 1996, 20 TexReg 10266.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scD"><num value="D">SUBCHAPTER D</num><heading>CHANGES IN LICENSING</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scD/s61.25"><num value="61.25">§61.25</num><heading>Redesignation of Facility</heading><content>(a) A facility shall notify the Service to amend its license if, after licensing, it wishes:(1) to distribute an ingredient or commercial feed not previously distributed in the state for which safety and efficacy data have not previously been approved by FDA, AAFCO or the Service;(2) to distribute products normally exempt, but subject to control by the Service, including, but not limited to, aflatoxin-containing corn above 20 ppb; products incorporating poultry litter;(3) to change ownership;(4) to change physical location; or(5) to change name.(b) Facilities distributing new annual products must complete the Small Package Registration form provided by the Service for products before distribution, but do not need an amended license.(c) Facilities subject to subsection (a)(1) and (2) of this section must provide a copy of the label.(d) The Service will amend the license and may require the licensee to verify corrections and provide additional information:(1) at no additional license fee to those subject to subsection (a)(1) and (2) of this section if response is received within 30 calendar days of the notification by the Service;(2) at $75:(A) for those subject to subsection (a)(1) and (2) and (b) of this section if response is more than 31 calendar days after notification by the Service;(B) for those subject to subsection (a)(3)-(5) of this section.</content><note type="source"><p>Source Note: The provisions of this §61.25 adopted to be effective January 1, 1996, 20 TexReg 10266.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scE"><num value="E">SUBCHAPTER E</num><heading>LABEL REVIEW</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scE/s61.29"><num value="61.29">§61.29</num><heading>Label Review</heading><content>(a) The Service shall provide, at no cost, written label review when the requestor represents a facility licensed to distribute the product in Texas.(b) The Service shall supply a detailed report or label mark-up of changes necessary, if any, to bring the label into compliance with the Texas Commercial Feed Act, §141.051 or §141.052.(1) Implementation of those changes shall be solely the responsibility of the requestor.(2) Despite any report by the Service, compliance with appropriate labeling regulations shall be solely the responsibility of the guarantor of the product label.</content><note type="source"><p>Source Note: The provisions of this §61.29 adopted to be effective January 1, 1996, 20 TexReg 10266.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scF"><num value="F">SUBCHAPTER F</num><heading>INSPECTION FEE</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scF/s61.31"><num value="61.31">§61.31</num><heading>Assessment</heading><content>(a) The inspection fee shall be calculated and reported on the basis of 2,000 pounds per ton.(b) Any change regarding inspection fees may be assessed preceding each quarter of the year.(c) When the inspection fee is reduced or increased, the manufacturer and other interested persons will be notified 30 days prior to the effective date of the change.(d) The flat rate inspection fee applies to those registered products packaged only in containers weighing five pounds or less. It does not apply to individual products distributed both in containers of five pounds or less and larger container sizes.</content><note type="source"><p>Source Note: The provisions of this §61.31 adopted to be effective October 7, 1983, 8 TexReg 3806.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scG"><num value="G">SUBCHAPTER G</num><heading>INSPECTION, SAMPLING, AND ANALYSIS</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scG/s61.41"><num value="61.41">§61.41</num><heading>Sampling and Analytical Procedures</heading><content>(a) The Service hereby adopts by reference the most recent edition of the Official Methods of Analysis of the AOAC International as delineating the sampling and analytical procedures to be applied under the Act and this title. (b) The Service may substitute alternate methods for any AOAC sampling or analytical procedure if it deems the alternate procedure more appropriate to the circumstance and sample and there is scientific data or reasoning to support the substitution. (c) Copies of sampling or analytical procedures can be obtained by writing to Office of the Texas State Chemist, P.O. Box 3160, College Station, Texas 77841 or by writing to AOAC International, 481 North Frederick Avenue, Suite 500, Gaithersburg, Maryland 20877.</content><note type="source"><p>Source Note: The provisions of this §61.41 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective May 26, 1992, 17 TexReg 3471; amended to be effective January 1, 1996, 20 TexReg 10593; amended to be effective January 1, 2004, 28 TexReg 10927.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scG/s61.42"><num value="61.42">§61.42</num><heading>Analysis of Customer-Formula Feed</heading><content>To measure the quality of customer-formula feed, a chemical analysis will be performed based on computation using the average analysis of ingredients used. When a premix, supplement, or concentrate is used as one of the ingredients, the analysis on its label will be used for computation.</content><note type="source"><p>Source Note: The provisions of this §61.42 adopted to be effective October 7, 1983, 8 TexReg 3806.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scG/s61.43"><num value="61.43">§61.43</num><heading>Cottonseed Screenings: Sampling, Analysis, and Labeling</heading><content>(a) Notwithstanding the provisions of §61.41 of this title (relating to Sampling and Analytical Procedures), when samples of cottonseed screenings are to be obtained, for purposes of uniformity such samples shall be taken from the shipping vehicle after loadout by probing vertically into the lot. The sample shall be obtained utilizing the Missouri D tube, a double tube open-sleeve trier, or the 552 grain probe, a double tube compartment trier. Other sampling devices may be used if previously approved by the Office of the Texas State Chemist, Feed and Fertilizer Control Service. Specifications for the two triers are as follows:Attached Graphic(1) Available from Boyd Tool and Die Company, 917 Maple Street, West Des Moines, Iowa 50265.(2) Available from Seedboro Equipment Co., 1022 West Jackson Boulevard, Chicago, Illinois 60607.(b) To obtain a proper sample with the Missouri D tube, the probe is inserted into the lot in the open position, closed, then withdrawn. The 552 compartmented trier, when employed, is inserted to the desired depth in the closed position, opened, filled, closed, and withdrawn.(c) Fifteen probes shall be acquired, following either of the random probe patterns shown in the following illustration.Attached Graphic(d) The probes shall be composited to form the sample. The entire sample shall be ground to pass a sieve with a 1-millimeter diameter (1/25 inch) and mixed thoroughly prior to obtaining an aliquot for analysis. The sample shall be analyzed for the following components using the indicated methods, which were adopted in the Official Methods of Analysis of the Association of Official Analytical Chemists, 14th Edition (1984), or these methods as amended in subsequent editions of this reference; that is: Crude protein-Method 7.015 (Kjeldahl); Crude fat-Method 7.061; and Crude fiber-either Method 7.066 or 7.071; and no other.(e) Cottonseed screenings shall be sampled for analysis from time to time by the Feed and Fertilizer Control Service in such manner as to verify the compositional range of this by product. The compositional information shall be made available in the annual report on commercial feeds published by the Feed and Fertilizer Control Service.(f) At the time of introduction into commerce and thereafter, such by product shall be labeled "Cottonseed Screenings.' The label shall affirmatively state that the product was obtained in the normal and regular course of commercial delinting and processing of cottonseed for planting purposes, and has been subsequently handled so as not to adversely affect its content. Required label guarantees relating to nutrient analysis of cottonseed screenings may conform with the compositional information generated by the Feed and Fertilizer Control Service, provided that the label shall be expressed in the format described under the Act, §141.051 (a).</content><note type="source"><p>Source Note: The provisions of this §61.43 adopted to be effective May 29, 1986, 11 TexReg 2310.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scG/s61.44"><num value="61.44">§61.44</num><heading>Analytical Variations</heading><content>The service hereby adopts by reference the analytical variations appearing in the latest official publication of the Association of American Feed Control Officials to be applied in the administration of the Texas Commercial Feed Control Act and this title. Information on the location and cost of this official publication is available from the Office of the Texas State Chemist or the Association of American Feed Control Officials.</content><note type="source"><p>Source Note: The provisions of this §61.44 adopted to be effective February 13, 1991, 16 TexReg 543.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scH"><num value="H">SUBCHAPTER H</num><heading>ADULTERANTS</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scH/s61.61"><num value="61.61">§61.61</num><heading>Poisonous or Deleterious Substances</heading><content>(a) Poisonous or deleterious substances include, but are not limited to the following:(1) fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for poultry;(2) fluorine-bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.04% for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine; and 0.03% for poultry;(3) soybean meal, flakes, or pellets or other vegetable meals, flakes, or pellets which have been extracted with trichloroethylene or other chlorinated solvents;(4) sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (thiamine);(5) artificial color that has not been cleared for safety for use in feeds. Evidence of safety must include a clearance for use of these color additives under the provisions of the Federal Food, Drug, and Cosmetic Act. No artificial color material shall be used to enhance the natural color of the feed or feed ingredient whereby inferiority would be concealed; and(6) grain, oilseeds, processed grain and oilseed meals containing aflatoxin B1, B2, G1, G2 above 20 parts per billion (ppb) individually or total except that with proper labeling as approved by the Office of the Texas State Chemist as follows: 300 ppb in oilseed, processed grain, and oilseed meal may not enter commerce and a record of disposition shall be submitted to the Office of the Texas State Chemist.(b) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy viability of such weed seeds so that the finished product contains no viable prohibited noxious weed seeds and not more than 50 viable restricted weed seeds per pound, and not more than 100 of other weed seeds per pound.(c) The Service may require evidence satisfactory to the Service of:(1) the safety of any commercial feed if such feed includes ingredients not approved either by the FDA or AAFCO (the Association of American Feed Control Officials); or(2) the efficacy of any commercial feed when such feeds do not meet minimum standards of nutrition for the targeted animal as set forth by recognized authorities on animal nutrition.</content><note type="source"><p>Source Note: The provisions of this §61.61 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective May 26, 1992, 17 TexReg 3471; amended to be effective October 29, 1992, 17 TexReg 7224; amended to be effective January 1, 1996, 20 TexReg 10266; amended to be effective September 30, 1999, 24 TexReg 8160; amended to be effective October 30, 2006, 31 TexReg 8831; amended to be effective November 19, 2007, 32 TexReg 8307; amended to be effective January 1, 2019, 43 TexReg 8088.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scH/s61.65"><num value="61.65">§61.65</num><heading>General Provisions for Ammoniating Aflatoxin-Contaminated Corn, Cottonseed, and/or Cottonseed Meal</heading><content>(a) The provisions of the section apply to all facilities and equipment used in the ammoniation and shall also govern those instances in which failure to adhere to these practices causes ineffective treatment of the product. In such cases, the product is adulterated within the meaning of §141.148 of the Texas Commercial Feed Control Act.(b) In addition to these provisions, the distributors of ammoniated products shall comply with any and all other provisions of the Texas Feed Rules and the Law.(c) The general process used for aflatoxin decontamination of:(1) corn shall involve high pressure/high temperature (HP/HT) process involving the addition of ammonia (gaseous or in solution) and water in a contained vessel. The temperature in the reactor must rise to at least 80 degrees Centigrade;(2) cottonseed shall involve the same parameters as corn, but the reaction time must be two hours.(d) A specific process shall be approved by the Service prior to distribution of any product.(e) Aflatoxin concentrations shall be measured before and after ammoniation of each batch or production run by collecting a representative sample, preparing the sample for analysis, and analyzing the total amount for aflatoxins. If the ammoniator holds product for 90 days, the product must be retested before distribution.(f) Processors shall keep records to ensure that the appropriate procedures were followed.(g) Ammoniated corn, ammoniated cottonseed, and ammoniated cottonseed meal are ingredients separate and distinct from corn and cottonseed themselves and, as such, the label shall bear:(1) the common name term "ammoniated" preceding the ingredient name as required by the Act and the Commercial Feed Rules for any distinct ingredient;(2) the amount of non-protein nitrogen (NPN);(3) the level of aflatoxin after treatment regardless of level; and(4) in addition to any other requirement of the Act or Rules, the statements: "WARNING: NOT FOR HUMAN USE; FEED TO RUMINANTS ONLY. NOT FOR INTERSTATE SHIPMENT."(h) Each facility distributing ammoniated corn, ammoniated cottonseed, or ammoniated cottonseed meal must also have in its possession and provide on reasonable request a certificate indicating either:(1) its ammoniation process has been approved by the Service; or(2) that the firm providing ammoniation has been approved by the Service.(i) Each facility must provide to the Service on reasonable request a record showing the name of the buyer, the amount of ammoniated product sold to each buyer during the last two years, and the aflatoxin levels before and after ammoniation.</content><note type="source"><p>Source Note: The provisions of this §61.65 adopted to be effective September 23, 1997, 22 TexReg 9471.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scH/s61.66"><num value="61.66">§61.66</num><heading>General Provisions for Blending Aflatoxin-Contaminated Corn or Cottonseed</heading><content>(a) The provisions of this section apply to the blending of whole grain or seed containing no more than 500 ppb aflatoxin and shall also govern instances in which failure to adhere to the practices results in inappropriate levels of aflatoxin. In the latter case the product is adulterated within the meaning of §141.148 of the Texas Commercial Feed Control Act (Law).(b) In addition to these provisions, the distributors of blended corn shall comply with any and all other provisions of the Texas Feed Rules and Law.(c) The general process used for blending aflatoxin-containing grain shall consist of:(1) cleaning the grain;(2) blending the grain or seed with the same grain or seed containing no less than 20 ppb aflatoxin.(d) Processors shall measure the aflatoxin levels of all grains used in blending before blending as well as the aflatoxin level of the resulting blend on a representative sample.(e) Each facility must provide to the Service on reasonable request its records of blending and testing.</content><note type="source"><p>Source Note: The provisions of this §61.66 adopted to be effective September 23, 1997, 22 TexReg 9472.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c61/scH/s61.67"><num value="61.67">§61.67</num><heading>General Provisions for the Use of Aflatoxin Binding Agents in Customer-Formula Feed</heading><content>(a) The provisions of this section apply to the use of aflatoxin binding agents in customer-formula feeds as defined in the Texas Agriculture Code §141.001(7). Labeling requirements for customer-formula feed set forth in §141.053 of the Texas Commercial Feed Control Act require the name and number of pounds of the binding agent to be included on the feed label, and the aflatoxin content to meet defined action levels as established in §61.61(a)(6) of this title, poisonous or deleterious substances.(b) In addition to these provisions, the distributors of customer-formula feed shall comply with all applicable provisions of the Texas Feed Rules, and other applicable law.(c) The specific binding agent must include directions for use approved by the Service prior to distribution of any binding product. Any claims for aflatoxin binding made on the product labeling must be approved by the Service.(d) Processors shall keep records for two years to ensure correct use and quantity of the binding agents used in customer-formula feed for review by the Service pursuant to the Texas Agriculture Code §141.074, records; additional reports; audits.(e) Each facility using aflatoxin binding agents must also have in its possession and provide on reasonable request a certificate indicating that the use of aflatoxin binding agents utilized in the formulation has been approved by the Service.(f) Each facility must provide to the Service on request a record showing the name of the buyer, the amount of product sold to each buyer during the last two years, and the aflatoxin levels of grain, oilseeds, processed grain and oilseed meals containing aflatoxin B1, B2, G1, G2, and other records designated in subsection (d) of this section.(g) Use of aflatoxin binders in non-customer-formula feeds is prohibited. Such use would result in an adulterated product within the meaning of §141.148, Distribution of Adulterated Feed of the Texas Commercial Feed Control Act.</content><note type="source"><p>Source Note: The provisions of this §61.67 adopted to be effective May 19, 2011, 36 TexReg 3079.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scI"><num value="I">SUBCHAPTER I</num><heading>GOOD MANUFACTURING PRACTICES</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scI/s61.86"><num value="61.86">§61.86</num><heading>Regulation of Medicated Feed Mills</heading><content>The Service adopts by reference the most recent regulations promulgated under 21 CFR (Code of Federal Regulations) Chapter 1, Part 225, which establishes current good manufacturing practices for medicated feeds.</content><note type="source"><p>Source Note: The provisions of this §61.86 adopted to be effective January 1, 1996, 20 TexReg 10267.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c61/scJ"><num value="J">SUBCHAPTER J</num><heading>ADMINISTRATIVE HEARINGS</heading><section identifier="/us/state/tx/tac/t4/p3/c61/scJ/s61.91"><num value="61.91">§61.91</num><heading>Cost of Preparing Agency Record</heading><content>(a) The Service requires that a party who appeals a final decision in a contested case pay all of the costs associated with preparation of the original or certified copy of the record of the agency's proceedings that is required to be sent to the reviewing court.(b) A charge imposed under subsection (a) is a court cost and shall be assessed by the court in accordance with the Texas Rules of Civil Procedure.</content><note type="source"><p>Source Note: The provisions of this §61.91 adopted to be effective October 14, 2004, 29 TexReg 9527.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p3/c63"><num value="63">CHAPTER 63</num><heading>PET FOOD</heading><subchapter identifier="/us/state/tx/tac/t4/p3/c63/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.1"><num value="63.1">§63.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) AAFCO Dog and Cat Food Nutritional Profiles--Practical standard nutrient profiles for dog and cat foods based on commonly used ingredients.(2) AAFCO Nutritional Task Force--The Nutritional Task Force appointed by the Association of American Feed Control Officials (AAFCO).(3) Immediate container--The unit, can, box, tin, bag or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.(4) Information panel--Information panel as defined by 21 Code of Federal Regulations §501.2.(5) Ingredient statements--A collective and contiguous listing on the label of the ingredients of which the pet food is composed.(6) National Research Council--The National Research Council of the National Academy of Sciences.(7) Principal display panel--Principal display panel as defined by 21 Code of Federal Regulations §501.1.(8) Quantity statement--The net weight (mass), net volume (liquid or dry) or count.(9) Service--Texas Feed and Fertilizer Control Service.</content><note type="source"><p>Source Note: The provisions of this §63.1 adopted to be effective January 1, 1976; amended to be effective October 7, 1983, 8 TexReg 3811; amended to be effective February 28, 1995, 20 TexReg 1018.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.2"><num value="63.2">§63.2</num><heading>Label Format and Labeling</heading><content>(a) The quantity statement and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.(b) The quantity statement shall be made in conformity with the United States Fair Packaging and Labeling Act, 15 United States Code, §§1451 et seq, and the regulations promulgated thereunder.(c) The information which is required to appear in the "Guaranteed Analysis" shall be listed in the following order:(1) crude protein (minimum percentage);(2) crude fat (minimum percentage);(3) crude fiber (maximum percentage);(4) moisture (maximum percentage);(5) additional guarantees shall follow moisture.(d) The label of a pet food shall specify the name and address of the manufacturer, packer, or distributor of the pet food. The statement of the place of business should include the street address, if any, of such place unless such street address is shown in a current city directory or telephone directory.(e) If a person manufacturers, packages, or distributes a pet food in a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food was manufactured or packaged or is to be distributed, if such statement is not misleading in any particular.(f) A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.(g) The use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available.(h) No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.(i) Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.(j) When a pet food is enclosed in an outer container or wrapper which is intended for retail sale, all required label information must appear on such outside wrapper or container unless all of the required label information is readily legible through apertures or transparencies in such outside container or wrapper.(k) The word "dog food," "cat food," or similar designations must appear conspicuously upon the principal display panels of the pet food labels.(l) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats unless such product or feeding:(1) contains ingredients in quantities sufficient to meet the nutrient requirements for all life stages established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other FFCS-recognized authority on animal nutrition such as the Committee on Animal Nutrition of the National Research Council to the extent that the product's ingredients provide nutrients in amounts which substantially deviate from those nutrient requirements estimated by such a recognized authority on animal nutrition, or in the event that no estimation has been made by a recognized authority on animal nutrition of the requirements of animals for one or more stages of said animals' lives, the product's represented capabilities in this regard must have been demonstrated by adequate testing; or(2) contains a combination of ingredients which when fed to a normal animal as the only source of nourishment in accordance with the testing procedures established by AAFCO meets the criteria of such testing procedures for all life stages.(m) Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations that said pet food product or recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats only:(1) in conjunction with a statement of the limited purpose for which the product is intended or suitable (as, for example, in the statement "a complete food for puppies'). Such representations and such required qualifications therefor shall be juxtaposed on the same panel and in the same size, style and color print; and(2) such qualified representations may appear on pet food labels only if:(A) the pet food contains ingredients in quantities sufficient to meet the nutrient requirements established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other FFCS-recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council for such limited or qualified purpose; or(B) the pet food product contains a combination of ingredients which when fed for such limited purpose will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing.(n) Except as specified by §63.3(a) of this title (relating to Brand and Product Names), the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, the aforementioned ingredient shall constitute at least 3.0% of the total ingredients (exclusive of water for processing) when preceded by the designation "with" or like term, the name shall be in the same size, style and color print, and if the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.(o) The label of a dog or cat food, other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under subsection (k) of this section, shall bear, on either the principal display panel or the information panel, in type of a size reasonably related to the largest type on the panel, a statement of the nutritional adequacy or purpose of the product. Such statement shall consist of one of the following:(1) a claim that the pet food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation, lactation, growth, maintenance, and complete for all life stages as those categories are set forth in subsections (l) and (m) of this section. The claim shall be stated as one of the following:(A) (Name of Product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for. (Blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance, or the words "All Life Stages.");(B) Animal Feeding tests using AAFCO procedures substantiate that (name of product) provides complete and balanced nutrition for. (Blank is to be completed by using the stage or stages of the pet's life tested, such as gestation, lactation, growth, maintenance or the words "All Life Stages.");(2) a nutrition or dietary claim for purposes other than those listed in subsections (l) and (m) of this section if the claim is scientifically substantiated;(3) the statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet either the requirements of subsections (l) or (m) or any other special nutritional or dietary need and so is suitable only for limited, intermittent, or supplementary feeding;(4) the statement: "Use only as directed by your veterinarian," if it is a pet food product intended for use by, or under the supervision or direction of, a veterinarian and shall make a statement in accordance with paragraph (1), (2) or (3) of this subsection.(p) The use of claims on pet food labels stating improvement or newness shall be sufficiently substantiated by the manufacturer and limited to six months production. The use of claims stating preference or comparative attribute claims shall be sufficiently substantiated by the manufacturer and limited to one year production after which the claim must be removed or resubstantiated.(q) Dog and cat foods labeled as complete and balanced for any or all life's stages as provided in subsection (o)(1) of this section except those pet foods labeled in accordance with subsection (o)(4) of this section shall list feeding directions on the product label. These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum, state "Feed (weight/unit of product) per (weight unit) of dog (or cat)."</content><note type="source"><p>Source Note: The provisions of this §63.2 adopted to be effective January 1, 1976; amended to be effective October 7, 1983, 8 TexReg 3811; amended to be effective February 28, 1995, 20 TexReg 1018; amended to be effective February 21, 1997, 22 TexReg 1627.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.3"><num value="63.3">§63.3</num><heading>Brand and Product Names</heading><content>(a) No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredients statement, or the ingredients statement shall show the source of the flavor. The word flavor shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term(s) from which the flavor designation is derived. Distributors of pet food employing such flavor designation or claims on the label of a product distributed by them shall, upon request, supply verification of the designated or claimed flavor to the service.(b) The designation "100%" or "all" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one ingredient. However, for the purpose of this provision, water sufficient for processing, required decharacterizing agents, and trace amounts of preservatives and condiments shall not be considered ingredients.(c) The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep, and goats. For example, "horsemeat" and "horsemeat by-products."(d) The name of the pet food shall not be derived from one or more ingredients of a mixture of a pet food product unless all components or ingredients are included in the name except as specified by subsections (a), (e), or (f) of this section; provided, that the name of an ingredient or combination of ingredients may be used as part of the product name if:(1) the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof;(2) it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or(3) it is not otherwise false or misleading.(e) When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food; provided, that where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient(s); however, such named ingredient(s) shall constitute at lease 70% of the total product.(f) When an ingredient or combination of ingredients constitutes at least 25% but less than 95% of the total weight of all ingredients of a dog or cat food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food if each of the ingredients constitute at least 3.0% of the product weight excluding water used for processing and only if the product name also includes a primary descriptive term such as "dinner," "platter," or similar designation so that the product name describes the contents of the product in accordance with an established law, custom, or usage or so that the product name is not misleading. If the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product. All such ingredient names and primary descriptive terms shall be in the same size, style, and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient(s). However, such named ingredient(s) shall constitute at least 10% of the total product.(g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with subsections (a), (d), (e), or (f) of this section.</content><note type="source"><p>Source Note: The provisions of this §63.3 adopted to be effective January 1, 1976; amended to be effective October 7, 1983, 8 TexReg 3811; amended to be effective February 28, 1995, 20 TexReg 1018.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.4"><num value="63.4">§63.4</num><heading>Expression of Guarantees</heading><content>(a) The sliding scale method of expressing a guaranteed analysis (for example, "protein 15-18%") is prohibited.(b) Pursuant to Texas Commercial Feed Control Act, §141.002(d), the label of a pet food which is formulated as and represented to be a mineral supplement shall include in the guaranteed analysis the minimum and maximum percentages of calcium, the minimum percentage of phosphorus, and the minimum and maximum percentages of salt. The minimum content of all other essential nutrient elements recognized by the AAFCO Dog or Cat Food Nutrient Profile or FFCS-recognized nutrient profile from sources declared in the ingredients statement shall be expressed as the element in units specified in the recognized nutrient profile. Products labeled as per §63.2(b) of this title (relating to Label Format and Labeling) may express the mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules, granules or liquids) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fluid ounce = 28 grams).(c) The label of pet food which is formulated as and represented to be a vitamin supplement shall include a guarantee of the minimum content of each vitamin declared in the ingredients statement. Vitamin guarantees shall be expressed as per subsection (d) of this section. Products labeled as per §63.2(b) of this title (relating to Label Format and Labeling) may express the vitamin guarantees in approved units per unit (e.g., tablets, capsules, granules or liquid) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fluid ounce = 28 grams).(d) Vitamins guaranteed on pet food labels shall be stated in international units per kilogram (IU/kg) for vitamins A, D, and E. All other vitamins shall be guaranteed in milligrams per kilogram (mg/kg) except vitamins which may be guaranteed in micrograms per kilogram (mcg/kg).(e) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by an AAFCO-recognized animal nutrition authority, such comparison may be stated in the units of measurement used in the AAFCO Dog or Cat Food Nutrient Profiles. The statement in a table of comparison of the vitamin, mineral or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.(f) The use of percentages or words of similar import when referring to nutrient levels established by the AAFCO Dog or Cat Food Nutrient Profile or other recognized nutrient profile shall not be permitted on pet food labels except that such direct comparisons in whole or part of the individual nutrient contents of a pet food with those recommended by the recognized nutrient profile may be made where the comparisons are expressed in the same quantitative units as those used by the cited nutrient profile and:(1) the product in question meets the nutrient profile recommended by the authority; and(2) the comparison is prescribed by a statement to that effect.</content><note type="source"><p>Source Note: The provisions of this §63.4 adopted to be effective January 1, 1976; amended to be effective October 7, 1983, 8 TexReg 3811; amended to be effective February 28, 1995, 20 TexReg 1018.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.5"><num value="63.5">§63.5</num><heading>Ingredients</heading><content>(a) The maximum moisture in all pet foods shall be guaranteed and shall not exceed 78% or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of stew, gravy, sauce, broth, juice or a milk replacer which are so labeled, may contain moisture in excess of 78%.(b) Each ingredient of the pet food shall be listed in the ingredient statement, and names of all ingredients in the ingredient statement must be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in nonquantitative terms may be misleading. Any ingredient for which the Association of American Feed Control Officials has established a name and definition shall be identified by the name so established. Any ingredient for which no name and definition has been so established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.(c) The term "dehydrated" may precede the name of any ingredient in the ingredient list that has been artificially dried.(d) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a pet food.(e) A reference to the quality, nature, form, or other attribute of an ingredient shall not be made unless such designation is accurate and unless the ingredient imparts a distinctive characteristic to the pet food because it possesses that attribute.</content><note type="source"><p>Source Note: The provisions of this §63.5 adopted to be effective January 1, 1976; amended to be effective October 7, 1983, 8 TexReg 3811.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.6"><num value="63.6">§63.6</num><heading>Directions for Use</heading><content>(a) The label of a pet food product which is suitable only for intermittent or supplemental feeding or for some other limited purpose shall:(1) bear a close and conspicuous disclosure to that effect; or(2) contain specific feeding directions which clearly state that the product should be used only in conjunction with other foods.(b) When a dog or cat food is intended for use by, or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.(c) Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, shall list feeding directions on the product label. These feeding directions shall be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO-recognized nutritional authority. These directions shall be expressed in common terms and shall appear prominently on the label. The frequency of feeding shall also be specified.</content><note type="source"><p>Source Note: The provisions of this §63.6 adopted to be effective February 28, 1995, 20 TexReg 1018; amended to be effective September 30, 2007, 32 TexReg 6781.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.7"><num value="63.7">§63.7</num><heading>Drugs and Pet Food Additives</heading><content>(a) An artificial color may be used in a pet food only if it has been shown to be harmless to pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets.(b) Prior to registration of a pet food which contains additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the pet food, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food may be:(1) when the pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are "prior sanctioned" or "generally recognized as safe" for such use; or(2) when the pet food itself is a drug and is generally recognized as safe and effective for label use or is marketed subject to an application approved by the Food and Drug Administration under Title 21 United States Code §360(b).(c) The medicated labeling format recommended by Association of American Feed Control Officials shall be used to assure that adequate labeling is provided.</content><note type="source"><p>Source Note: The provisions of this §63.7 adopted to be effective January 1, 1976; amended to be effective February 28, 1995, 20 TexReg 1018; amended to be effective February 21, 1997, 22 TexReg 1627.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.8"><num value="63.8">§63.8</num><heading>Registration of Pet Foods in Packages of Five Pounds or Less</heading><content>(a) In addition to obtaining a license as prescribed in the Act and the general rules, each brand and product name of a pet food distributed in individual containers of five pounds or less must be registered before it may be distributed.(b) All labeling information shall be submitted with the registration of the product.(c) The Service may require the applicant to present evidence of authorization to use a registered trademark or other labeling reference and that the ownership of such trademark, if referenced, appear inconspicuously both as to size or type and location on the label (or labeling) and that components of such trademark product be determinable by laboratory methods.</content><note type="source"><p>Source Note: The provisions of this §63.8 adopted to be effective February 28, 1995, 20 TexReg 1018; amended to be effective February 21, 1997, 22 TexReg 1627.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.9"><num value="63.9">§63.9</num><heading>Statement of Caloric Content</heading><content>(a) The label of a dog or cat food shall bear a statement of caloric content, provided:(1) the statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Caloric Content";(2) the statement shall be measured in terms of metabolizable energy (ME) on as fed basis and must be expressed as "kilocalories per kilogram" ("kcal/kg") of product, and as kilocalories per familiar household measure (e.g., cans, cups); or unit of product (e.g. treats or pieces); and(3) an affidavit shall accompany the request for label review substantiating that the caloric content was determined:(A) by calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10 {(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)} where CP = % crude protein as fed, CF = % crude fat as fed, NFE = % nitrogen-free extract (carbohydrate) as fed and the percentages of CP and CF are the averages values of these components in the product as determined by sound scientific methods, such as, but not limited to scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product. The NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF); or(B) in accordance with a testing procedure established by the Association of American Feed Control Officials.(4) An affidavit shall be provided upon request of the Service, substantiating that the calorie content was determined by:(A) regulation PF9 (a)(3)A in which case the summary data used in the calculation shall be included in the affidavit; or(B) regulation PF(a)(3)B in which case the summary data used in the determination of calorie content shall accompany the affidavit.(5) the calorie content statement shall appear as one of the following:(A) the heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "calculated" when the calorie content is determined in accordance with Regulation PF9(a)(3)A; or(B) the heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "fed" when the calorie content is determined in accordance with Regulation PF9(a)(3)B.(b) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.</content><note type="source"><p>Source Note: The provisions of this §63.9 adopted to be effective February 28, 1995, 20 TexReg 1018; amended to be effective February 21, 1997, 22 TexReg 1628; amended to be effective February 1, 2017, 42 TexReg 308.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.10"><num value="63.10">§63.10</num><heading>Descriptive Terms</heading><content>(a) Caloric Terms(1) "Light"(A) A dog food product which bears on its label the terms "light", "lite", "low calorie", or words of similar designation shall:(i) contain no more than 3100 kcal ME/kg for products containing less than 20% moisture, no more but less than 65% moisture, and no more than 900 kcal ME/kg for products containing 65% or more moisture; and(ii) include on the label a caloric content statement:(I) in accordance with the format provided in Regulation PF9; and(II) .which states no more than 3100 kcal ME/kg for products containing less than 20% moisture, no more than 2500 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 900 kcal ME/kg for products containing 65% or more moisture; and(iii) include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use.(B) A cat food product which bears on its label the terms "light", "lite", "low calorie", or words of similar designation shall:(i) contain no more than 3250 kcal ME/kg for products containing less than 20% moisture, no more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 950 kcal ME/kg for products containing 65% or more moisture; and(ii) include on the label a calorie content statement:(I) in accordance with the format provided in Regulation PF9; and(II) which states no more than 3250 kcal ME/kg for products containing less than 20% moisture, no more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 950 kcal ME/kg for products containing 65% or more moisture; and(iii) include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use.(2) "Less" or "Reduced Calories"(A) A dog or cat food product which bears on its label a claim of "less calories", reduced calories", or words of similar designation, shall include on the label:(i) the name of the product of comparison and the percentage of calorie reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears; and(ii) the comparative statement printed in type of the same color and style and a least one-half the type size used in the claim; and(iii) a calorie content statement in accordance with the format provided in Regulation PF9; and(iv) feeding directions which reflect a reduction in calories compared to feeding directions for the product of comparison.(B) A comparison between products in different categories of moisture content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is misleading.(b) Fat Terms(1) "Lean"(A) A dog food product which bears on its label the terms "lean", "low fat", or words of similar designation shall:(i) contain no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture;(ii) include on the product label in the Guaranteed Analysis:(I) a Maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation PF4(a)(1); and(II) a maximum crude fat guarantee which is no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture.(B) A cat food product which bears on its label the terms "lean", "low fat", or words of similar designation shall:(i) contain a maximum percentage of crude fat which is no more than 10% crude fat for products containing less than 20% moisture, no more than 8% crude fat for products containing 20% or more but less than 65% moisture, and no more than 5% crude fat for products containing 65% or more moisture; and(ii) include on the product label in the Guaranteed Analysis:(I) a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation PF4(a)(1); and(II) a maximum crude fat guarantee which is no more than 10% crude fat for products containing less than 20% moisture, no more than 8% crude fat for products containing 20% or more but less than 65% moisture, and no more than 5% crude fat for products containing 65% or more moisture.(2) "Less" or "Reduced Fat"(A) A dog or cat food product which bears on its label a claim of "less fat", "reduced fat", or words of similar designation, shall include on the label:(i) the name of the product of comparison and the percentage of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears; and(ii) the comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and(iii) a maximum crude fat guarantee in the Guaranteed Analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation PF4(a)(1).(B) A comparison on the label between products in different categories of moisture content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is misleading.</content><note type="source"><p>Source Note: The provisions of this §63.10 adopted to be effective February 1, 2017, 42 TexReg 308.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c63/sc/s63.20"><num value="63.20">§63.20</num><heading>Compliance with Texas Commercial Feed Rules</heading><content>The Pet Food Rules are a subset of the Feed Rules issued under the authority of Texas Commercial Feed Act, §141.004; they do not replace them. Registrants are expected to comply with the applicable sections of those rules where the Pet Food Rules are silent.</content><note type="source"><p>Source Note: The provisions of this §63.20 adopted to be effective February 28, 1995, 20 TexReg 1018.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p3/c65"><num value="65">CHAPTER 65</num><heading>COMMERCIAL FERTILIZER RULES</heading><subchapter identifier="/us/state/tx/tac/t4/p3/c65/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p3/c65/scA/s65.1"><num value="65.1">§65.1</num><heading>Definitions</heading><content>Except where otherwise provided, the terms and definitions adopted by the Association of American Plant Food Control Officials in its last published official publication are adopted by reference as the terms and definitions to control in this part. (The publication is available from the Association of American Plant Food Control Officials.) In addition, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Available Phosphate/Phosphorous/Phosphoric Acid as P2O5 refer solely and exclusively to those compounds containing orthophosphate, i.e., compounds possessing a formal +5 electrical charge on each of the constituent phosphorous atoms. (2) Inorganic Fertilizer--A mineral, nutrient source containing less than 5.0% carbonaceous material. (3) Natural--Materials--animal, plant, or mineral--found solely in or produced solely by nature which have neither been mixed with any synthetic material nor changed from their initial physical state except by washing, air-drying, chopping, grinding, shredding, or pelleting and not changed in its chemical state except by biological degradation or chemical change initiated solely under normal conditions of aging, rainfall, sun-curing or sun-drying, composting, rotting, enzymatic or anaerobic bacterial action, or any combination thereof. (4) Organic--When applied to a product, to a compound, to a mixture of compounds or to a specific constituent used as an ingredient means that the claim of the product, compound, mixture of compounds or constituent to be organic has been allowed or allowed with restriction by the United States Department of Agriculture's National Organic Program or the Texas Department of Agriculture's Organic Certification Program. (Materials described as organic must still conform to the Texas Commercial Fertilizer Control Act if they are used in fertilizers.) (5) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. (6) Salvage--When applied to plant nutrients or additives, refers only to those products that have been damaged by natural causes, such as fire, water, hail, or windstorm, or by conveyance mishap. (7) Specialty Fertilizer--Fertilizer distributed primarily for non-farm use, including use on or in home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, or nurseries. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made. (8) Acceptable Forms of Identification--The only acceptable form of identification, to provide personal information for the purchase of ammonium nitrate or ammonium nitrate materials, is U.S. government identification issued by a Federal, state, outlying possession, or local government agency that includes a photograph and an expiration date. These may include a valid U.S. passport, a valid U.S. military identification card, a driver's license or non-driver identification card issued by a state, Federal, outlying possession, or local U.S. government agency.</content><note type="source"><p>Source Note: The provisions of this §65.1 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2763; amended to be effective September 4, 1996, 21 TexReg 7975; amended to be effective November 19, 2000, 25 TexReg 11275; amended to be effective September 9, 2007, 32 TexReg 5654.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scA/s65.2"><num value="65.2">§65.2</num><heading>Commercial Fertilizer</heading><content>All plant nutrients and additives, not salvage nutrients or salvage additives which conform to other requirements of the rules or the Texas Fertilizer Control Act, shall be suitable for use for or in a commercial fertilizer.</content><note type="source"><p>Source Note: The provisions of this §65.2 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2763.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c65/scB"><num value="B">SUBCHAPTER B</num><heading>PERMITTING AND REGISTRATION</heading><section identifier="/us/state/tx/tac/t4/p3/c65/scB/s65.6"><num value="65.6">§65.6</num><heading>Distribution of Ammonium Nitrate or Ammonium Nitrate Material</heading><content>(a) Registration for ammonium nitrate or ammonium nitrate material: In addition to a permit to manufacture or distribute fertilizer and a registration for commercial fertilizer, as required in The Agriculture Code, Chapter 63, §63.031, an additional registration must be obtained to offer for sale or sell ammonium nitrate or ammonium nitrate material. The registration must be renewed on forms prescribed by the Service at the beginning of each fiscal year and accompanied by the fee specified on the form.(b) Refusal to sell: The sale of ammonium nitrate or ammonium nitrate material may be refused to any person attempting to purchase under unusual patterns or circumstances, such as out of season, outside their normal purchasing area, a person that is unknown to the registered facility or to a person that lacks clear knowledge of the use of ammonium nitrate or ammonium nitrate material for agronomic purposes. Refusal of sale shall be reported to the Service at the time sale is refused.(c) Training and Documentation: Employees of facilities that are registered to offer for sale or sell ammonium nitrate or ammonium nitrate material must be trained in the law, rules, policies, and procedures for the sale of ammonium nitrate and documentation of the training maintained on-site. Documentation shall include procedures for daily inspection as required in the Agriculture Code, Chapter 63, §63.153, and a record of the inspection. Evidence of vandalism or theft shall be reported to the Service at the time of daily inspection and corrective actions documented.(d) Risk Management. A person that stores ammonium nitrate or ammonium nitrate material shall:(1) provide evidence of compliance with the Texas Commission on Environmental Quality Tier II Chemical Reporting Program and Department of Homeland Security Chemical Facility Anti-Terrorism Standards registration requirements.(2) post the National Fire Protection Association 704 Warning Placards on the outside of the storage area; and(3) store ammonium nitrate or ammonium nitrate material in a separate structure. Combustible or flammable material must be separated by at least 30 feet.</content><note type="source"><p>Source Note: The provisions of this §65.6 adopted to be effective September 9, 2007, 32 TexReg 5654; amended to be effective July 20, 2014, 39 TexReg 5353; amended to be effective February 1, 2017, 42 TexReg 310.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scB/s65.11"><num value="65.11">§65.11</num><heading>Application for Registration</heading><content>(a) Each brand name under which a commercial fertilizer will be marketed must be registered before the product is distributed.(b) All applications for registration of specialty fertilizers, pesticide/fertilizer mixtures or fertilizers intended for use in organic food or fiber production programs shall include the labeling information for the product required by the Act, §63.051.(c) The Service may require the labeling information for other products as a condition of registration.(d) The net weight shall be provided as a condition of registration for specialty products packaged and marketed in containers weighing one pound or less whose net contents are declared on the label in conformity with the United States Fair Packaging and Labeling Act, 15 United States Code §1415, et seq, and regulations promulgated thereunder.(e) The Service may require independent chemical analysis by a qualified chemist to confirm guarantees as a condition of registration.(f) All applications for registration of pesticide/fertilizer mixtures must be accompanied by appropriate certification from the Texas Department of Agriculture that the pesticide is approved for use.</content><note type="source"><p>Source Note: The provisions of this §65.11 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2763; amended to be effective September 30, 1996, 21 TexReg 8930; amended to be effective September 1, 1998, 23 TexReg 7550.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scB/s65.13"><num value="65.13">§65.13</num><heading>Waste Products Distributed as Fertilizers</heading><content>(a) No person shall sell, offer or expose for sale, or distribute in this state, any industrial or municipal product originally designated as a waste by any governmental agency--federal, state or local--intended for, promoted or represented, advertised as or distributed as a fertilizer as defined in the Texas Agriculture Code, Chapter 63, §63.002 prior to registering the same as specified in §63.031.(b) In addition to other requirements of the Law and the Rules, applications for registration of sewage, sludge and septage or mixed fertilizer containing same shall be accompanied by the following:(1) A detailed description of the facilities, equipment and method of manufacture to be used in processing, manufacturing and testing of the product.(2) A sampling schedule, a full description of all tests made prior to application for registration and the results of such tests which shall include, but not necessarily be limited to, those pollutants and pathogens required to be tested by United States Environmental Protection Agency Code of Federal Regulations, Title 40 CFR: Protection of Environment, Part 503 Standards for the Use or Disposal of Sewage Sludge.(3) A schedule for periodic testing which initially shall be conducted on each production run no less than once (1) each calendar quarter.(A) Less frequent testing may be allowed where data show continued uniformity and a consistent margin of compliance.(B) More frequent testing shall be required where the data show the process is not under control.(C) Sequential testing shall again be required when periodic analysis or any other information available to the manufacturer indicates that:(i) changes are made in the manufacturing process; or(ii) new or expanded sources of the raw ingredients are used.(4) A statement that any product consisting in whole or part of sewage, septage or sludge meets the CFR Part 503 and specifically it meets the requirements of 503.32(a) and one of the vector attraction reduction requirements in 503.33(b)(1) through 503.33(b)(8).</content><note type="source"><p>Source Note: The provisions of this §65.13 adopted to be effective September 1, 1998, 23 TexReg 7551; amended to be effective February 1, 2017, 42 TexReg 310.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c65/scC"><num value="C">SUBCHAPTER C</num><heading>LABELING</heading><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.17"><num value="65.17">§65.17</num><heading>General Requirements</heading><content>(a) Primary Plant Nutrients.(1) Nitrogen, available phosphate and potassium shall be guaranteed on the label of a commercial fertilizer in either of the following forms: (A) Abbreviated Label; orAttached Graphic(B) Expanded Label.Attached Graphic(2) Plant nutrients other than nitrogen, available phosphate, and potassium, when mentioned in any form or manner on the label of a fertilizer product other than in the list of ingredients shall be guaranteed.(A) Guarantees other than nitrogen, phosphate, and potassium shall be expressed on an elemental basis as a percentage by weight. (B) Any guarantees or claims for plant nutrients shall appear in the order given, shall immediately follow the guarantees for the nitrogen, available phosphate, and potassium. Absent evidence that an unlisted nutrient fulfills the requirement of subsection (e)(3)-(4) of this section, the only guarantees are as follows: (i) Inorganic: Calcium (Ca), Magnesium (Mg), Sulfur (S), Boron (B), Chlorine (Cl), Cobalt (Co), Copper (Cu), Iron (Fe), Manganese (Mn), Molybdenum (Mo), Sodium (Na), Selenium (Se), Vanadium (V), Zinc (Zn). (ii) Organic: Humic acid. (b) The label shall:(1) list all components of the fertilizer; or (2) bear a statement which says in effect, "Information about the components of this lot of fertilizer may be obtained by writing to (name and address of manufacturer/guarantor) and giving the lot number which is found (statement notes location on package)"; or (3) conform to §65.26(2) of this title (relating to Requirements for Fertilizers Suitable for Use in Organic Production Programs). (c) The component of a fertilizer must be denoted by its usual or common name or by a name:(1) as accepted by the United States Department of Agriculture's National Organic Program; or (2) as defined by a term promulgated by the Association of American Plant Food Control Officials; or (3) as approved by the Texas Department of Agriculture's Organic Certification Program; or (4) as approved by the Service.(d) The label shall display:(1) directions for use which include both an amount to be applied per unit area and a frequency of use per year; or (2) a statement which says in effect, "For the agronomic application rates suitable for your geographical area or the maximum allowable non-nutrient application rates per acre, consult a trained soil specialist or write to (name and address of manufacturer/guarantor)." (e) The registrant of a fertilizer shall furnish to the Service upon request: (1) the proposed label; (2) the source of the elements guaranteed; (3) proof that any non-traditional fertilizer components or additives guaranteed or claimed on the label provide: (A) long-term safety to animals, plants, and the environment; and (B) availability and efficacy; (4) a method acceptable to the Service for determining any component at 50% of the level guaranteed on the label; and (5) the levels of arsenic, cadmium, cobalt, mercury, molybdenum, nickel, lead and selenium in the product. (f) Registrants who elect to have their labels conform to subsection (b)(2) and/or subsection (d)(2) of this section shall keep the requisite production and formulation records by customer, by invoice, by lot/batch numbers for 18 months from the production date and make such available to the public on written request and to the Service at any time. (g) Registrants who elect to have their labels conform to subsection (d)(2) of this section shall not distribute any lot of fertilizer when any one of the elements listed in Table 1 exceeds the limiting value shown.Attached Graphic(h) Any guarantee of the degree of fineness of unacidulated phosphatic materials stated on the label of a fertilizer product shall be stated in terms of the percentage of the material that will pass the United States standard sieve series number 200 (200 mesh, dry sieve method), adopted by reference under §65.51 of this title (relating to Sampling and Analytical Procedures). (i) Any guarantee of the degree of fineness of basic slag stated on the label of a fertilizer product shall be stated in terms of the percentage of the material that will pass the United States standard sieve series number 100 (100 mesh, dry sieve method), adopted by reference under §65.51 of this title.</content><note type="source"><p>Source Note: The provisions of this §65.17 adopted to be effective September 1, 1998, 23 TexReg 7551; amended to be effective May 19, 1999, 24 TexReg 3707.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.23"><num value="65.23">§65.23</num><heading>Name and Address of Manufacturer Required</heading><content>(a) The name and principal mailing address of the manufacturer or person responsible for distribution shall be required on the label of a commercial fertilizer.(b) The principal mailing address shall include the street address, city, state, and zip code; provided however, that the street address may be omitted if the address is listed in a current city directory or telephone directory.(c) The label may bear the name of the distributor as well as the manufacturer, provided that the guarantor of the project is specifically stated.</content><note type="source"><p>Source Note: The provisions of this §65.23 adopted to be effective October 7, 1983, 8 TexReg 3813.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.24"><num value="65.24">§65.24</num><heading>Warnings or Cautionary Statements Required</heading><content>A warning or cautionary statement is required on any fertilizer product which:(1) contains 0.10% or more boron in water soluble form. The statement shall include:(A) the word "Warning" or "Caution" conspicuously displayed; (B) the crop(s) for which the fertilizer is recommended; and(C) that the use of the fertilizer on any crop(s) other than those recommended may result in serious injury to the crop(s);(2) contains 0.001% or more of molybdenum. The statement shall include:(A) the word "Warning" or "Caution" conspicuously displayed; and(B) that the application of fertilizers containing molybdenum may result in forage crops containing levels of molybdenum which are toxic to ruminant animals;(3) when applied according to the directions for use adds to the land levels of trace elements exceeding the limits set forth in Table 2, subparagraph (B) of this paragraph.(A) The statement, conspicuously displayed, shall read "WARNING: Application according to the directions for use EXCEEDS the allowable limits of certain trace elements which can be applied to one acre of land in a calendar year."(B) Table 2. Cumulative Element Loading Rate When Conforming to §65.17(d)(1).Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §65.24 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2763; amended to be effective April 13, 1993, 18 TexReg 2131; amended to be effective September 1, 1998, 23 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.26"><num value="65.26">§65.26</num><heading>Requirements for Fertilizers Suitable for Use in Organic Production Programs</heading><content>In addition to conforming to all other aspects of the rules, fertilizers claiming or implying suitability for use in an organic food or fiber production program shall:(1) bear a legend on the label not unduly conspicuous in relation to the display of the registrant or guarantor of the product noting its acceptability for use in organic production programs;(2) list each component in order of predominance by weight;(3) not contain any ingredient, raw material or filler prohibited by the organizations listed in §65.17(c) of this title (relating to General Requirements) for use in these fertilizers.</content><note type="source"><p>Source Note: The provisions of this §65.26 adopted to be effective September 30, 1996, 21 TexReg 8932; amended to be effective September 1, 1998, 23 TexReg 7555.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.27"><num value="65.27">§65.27</num><heading>Additives in Fertilizer</heading><content>When a pesticide or any other additive, other than plant nutrients, is incorporated in a commercial fertilizer, the fertilizer mixture must be registered and guaranteed with respect to the kind and percentage of each of these additives as well as to claimed plant nutrient elements, all of which must be determinable by accepted laboratory methods. The labeling shall, in addition to other required information, state in a prominent manner the purpose for which the combined fertilizer and additive is recommended. It must be shown by scientific data that each additive is present in sufficient quantities to impart a distinctive characteristic to the product.</content><note type="source"><p>Source Note: The provisions of this §65.27 adopted to be effective October 7, 1983, 8 TexReg 3813.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.28"><num value="65.28">§65.28</num><heading>Trademarks, Trade Names, Common Names, Emphasis on a Particular Component</heading><content>The trademark, trade name, or common name of a component and/or emphasis on one or more components or ingredients may form part of the label of a commercial fertilizer provided that:(1) such trademark, trade name, common name, or emphasis on a particular component contributes significantly in conveying to the purchaser important information respecting a distinctive characteristic of the product;(2) the display of the trademark or trade name on the label of the product is not unduly conspicuous in relation to the display of the registrant or guarantor of the product and other required information;(3) the common name and percentage of the component is given, and the percentage is determinable by accepted laboratory methods;(4) it can be shown by scientific data that the component is present in sufficient quantities to impart a distinctive characteristic to the product.</content><note type="source"><p>Source Note: The provisions of this §65.28 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective September 1, 1998, 23 TexReg 7555.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.29"><num value="65.29">§65.29</num><heading>Specialty Fertilizers</heading><content>Speciality fertilizer products packaged or marketed in containers weighing one pound or less may bear a declaration of the net contents of the container made in conformity with the United States Fair Packaging and Labeling Act, 15 United States Code §1415, et seq., and regulations promulgated thereunder.</content><note type="source"><p>Source Note: The provisions of this §65.29 adopted to be effective October 7, 1983, 8 TexReg 2990.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.30"><num value="65.30">§65.30</num><heading>Slow Release Fertilizer</heading><content>(a) No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the slow release components are identified and guaranteed at a level of at least 15% of the total guarantee for that nutrient(s).(b) The terms, "water insoluble," "coated slow release," "slow release," "controlled release," "slowly available water soluble," and "occluded slow release" are accepted as descriptive. However, the Service may require the manufacturer to provide data substantiating the claim (from tests carried out under guidance of a recognized reputable researcher acceptable to the Service). A laboratory procedure, acceptable to the Service for evaluating the release characteristics of the product(s), may also be required.(c) If an amount of nitrogen is designated as slow release "nitrogen-containing organic" or "organic nitrogen," then:(1) 60% of that amount must be water-insoluble and coated urea may not be included in meeting the 60% requirement;(2) at least 15% of total nitrogen guaranteed--not just that designated "nitrogen-containing organic" or "organic nitrogen"--must be water-insoluble.</content><note type="source"><p>Source Note: The provisions of this §65.30 adopted to be effective April 29, 1992, 17 TexReg 2763; amended to be effective September 30, 1996, 21 TexReg 8932.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scC/s65.31"><num value="65.31">§65.31</num><heading>Net Weight</heading><content>(a) Net weight may be determined and reported from data obtained:(1) by scales for packaged, bulk, dry, and liquid;(2) by calculation from volume and specific gravity/density for bulk liquids only.(b) Conformance to weight guarantee shall be judged solely by use of certified scale defined in accordance with Texas Department of Agricultural Standards.(c) Dip sticks, uncalibrated meters, or sight gauges shall not be used for estimation of volume in this chapter. Scales not certified in accordance with the Texas Department of Agriculture Standards shall not be used for net weights.</content><note type="source"><p>Source Note: The provisions of this §65.31 adopted to be effective April 29, 1992, 17 TexReg 2763; amended to be effective April 13, 1993, 18 TexReg 2131.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c65/scD"><num value="D">SUBCHAPTER D</num><heading>INSPECTION FEES</heading><section identifier="/us/state/tx/tac/t4/p3/c65/scD/s65.41"><num value="65.41">§65.41</num><heading>Assessment</heading><content>(a) Any change regarding inspection fees may be assessed preceding any quarter of the year.(b) If the inspection fee is reduced or increased, the registrants and other affected persons will be notified 30 days prior to the effective date of the change.(c) The flat rate inspection fee, provided for in the Act, §63.071(c), shall apply to those registered products packaged only in containers of five pounds or less. It shall not apply to products distributed both in containers of five pounds or less and larger container sizes.(d) Tonnage inspection fees shall be assessed on the basis of the avoirdupois system of 2,000 pounds per ton.(e) Tonnage inspection fees shall be assessed on "as distributed basis."</content><note type="source"><p>Source Note: The provisions of this §65.41 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2764.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scD/s65.42"><num value="65.42">§65.42</num><heading>Statistical and Tonnage Reporting and Inspection Fees</heading><content>(a) The sales of commercial fertilizers designed for general purpose on-the-farm use shall be reported as follows.(1) If more than one registrant is involved in the distribution of a commercial fertilizer, the registrant who distributes the fertilizer to a non-registrant shall submit all quarterly tonnage fees required by the Act, §63.072. Registrants who are consumers shall submit all quarterly tonnage reports and remit all tonnage fees required by the Act, §63.072.(2) Such registrant(s) shall further submit a quarterly statistical tonnage report which shall list the total fertilizer tonnage distributed in the state during the preceding quarter by county, grade, and type (e.g., bulk, liquid, or packaged). The quarterly statistical tonnage report shall be submitted on forms prescribed by the service or on forms containing commensurate information organized in a manner convenient and useful to the service.(b) The sales of commercial fertilizers designed for non-general, agricultural uses such as use in home gardens, on flowers, shrubs, potted plants, etc., shall be reported as follows.(1) The person in whose name the fertilizer is registered shall submit all reports and pay all fees required by the Act and this chapter.(2) The total fertilizer tonnage distributed in this state during the preceding quarter shall be reported without regard to county, grade, or type on forms prescribed by the service.(c) The reporting of tonnage is not required for products distributed solely in packages of five pounds or less on which a flat rate inspection fee has been paid.</content><note type="source"><p>Source Note: The provisions of this §65.42 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2764.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c65/scE"><num value="E">SUBCHAPTER E</num><heading>INSPECTION, SAMPLING, AND ANALYSIS</heading><section identifier="/us/state/tx/tac/t4/p3/c65/scE/s65.51"><num value="65.51">§65.51</num><heading>Sampling and Analytical Procedures</heading><content>(a) The Service hereby adopts by reference the most recent edition of the Official Methods of Analysis of the AOAC International as delineating the sampling and analytical procedures to be applied in the administration of the Act and this title. (b) The Service may substitute alternate methods for any AOAC sampling or analytical procedure if it deems the alternate procedure more appropriate to the circumstance and sampling and there is scientific data or reasoning to support the substitution. (c) Copies of sampling or analytical procedures can be obtained by writing to Office of the Texas State Chemist, P.O. Box 3160, College Station, Texas 77841 or by writing to AOAC International, 481 North Frederick Avenue, Suite 500, Gaithersburg, Maryland 20877.</content><note type="source"><p>Source Note: The provisions of this §65.51 adopted to be effective October 7, 1983, 8 TexReg 2991; amended to be effective June 3, 1997, 22 TexReg 4569; amended to be effective October 14, 2004, 29 TexReg 9527.</p></note></section><section identifier="/us/state/tx/tac/t4/p3/c65/scE/s65.52"><num value="65.52">§65.52</num><heading>Investigational Allowances</heading><content>The service hereby adopts by reference the investigational allowances appearing in the latest official publication of the Association of American Plant Food Control Officials to be applied in the administration of the Act and this title. Information on location and cost of the official publication is available from the Office of the Texas State Chemist or the Association of American Plant Food Control Officials.</content><note type="source"><p>Source Note: The provisions of this §65.52 adopted to be effective July 10, 1989, 14 TexReg 3144.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p3/c65/scF"><num value="F">SUBCHAPTER F</num><heading>ADMINISTRATIVE HEARINGS</heading><section identifier="/us/state/tx/tac/t4/p3/c65/scF/s65.91"><num value="65.91">§65.91</num><heading>Cost of Preparing Agency Record</heading><content>(a) The Service requires that a party who appeals a final decision in a contested case pay all of the costs associated with preparation of the original or certified copy of the record of the agency's proceedings that is required to be sent to the reviewing court.(b) A charge imposed under subsection (a) of this section is a court cost and shall be assessed by the court in accordance with the Texas Rules of Civil Procedure.</content><note type="source"><p>Source Note: The provisions of this §65.91 adopted to be effective October 14, 2004, 29 TexReg 9527.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t4/p4"><num value="4">PART 4</num><heading>OFFICE OF THE CHIEF APIARY INSPECTOR</heading><chapter identifier="/us/state/tx/tac/t4/p4/c71"><num value="71">CHAPTER 71</num><heading>BEES</heading><subchapter identifier="/us/state/tx/tac/t4/p4/c71/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t4/p4/c71/scA/s71.1"><num value="71.1">§71.1</num><heading>Definitions</heading><content>The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--Texas Bee Law, Texas Agricultural Code, Chapter 131, (1981), as amended.(2) Apiary--A place where colonies of bees or nuclei of bees are kept.(3) Bee--Any stage of the common honeybee, Apis mellifera species.(4) Beekeeper-- a person who owns, leases, possesses, controls, or manages one or more colonies of bees for any personal or commercial purpose.(5) Chief Apiary Inspector--The Chief Apiary Inspector, formerly known as State Entomologist, appointed by the director or his designee.(6) Colony--A distinguishable localized population of bees in which one or more life stages may be present.(7) Director--The director of Texas A&M AgriLife Research, formerly known as the Texas Agricultural Experiment Station.(8) Disease--American foulbrood, European foulbrood, or any other contagious or infectious disease of bees, or parasite or pest that affects bees or brood.(9) Equipment--Hives, supers, frames, veils, gloves, tools, machines, including bee removal vacuums, or other devices for the handling and manipulation of bees, honey, pollen, wax, or hives, including storage or transporting containers for pollen, honey, or wax, or other apiary supplies used in the operation of an apiary or honey house.(10) Governing board--The Board of Regents of the Texas A&M University System.(11) Hive--A box or other shelter containing a colony of bees.(12) Honey--The nectar of plants that has been transferred by, and is the natural product of, bees and that is in the comb or has been taken from the comb and is packaged in a liquid, crystallized, or granular form.(13) Nucleus--A small mass of bees and combs used in forming a new colony.(14) Package bees--Live bees in cages without comb.(15) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.(16) Pollen--Dust-like grains formed in the anthers of flowering plants in which the male elements or sperm are produced.(17) Queen apiary--An apiary in which queen bees are reared or kept for sale, barter, or exchange.(18) Reportable Diseases--A disease that presents a significant threat to the population of honeybees and that has been designated by the Chief Apiary Inspector as a disease or pest that must be reported under §131.025. The Chief Apiary Inspector shall publish a list of reportable diseases.</content><note type="source"><p>Source Note: The provisions of this §71.1 adopted to be effective November 9, 1983, 8 TexReg 4482; amended to be effective December 29, 2020, 45 TexReg 9411; amended to be effective October 24, 2023, 48 TexReg 6206.</p></note></section><section identifier="/us/state/tx/tac/t4/p4/c71/scA/s71.9"><num value="71.9">§71.9</num><heading>Permits for Shipment</heading><content>Permits authorizing a shipment or shipments of bees or equipment into or out of Texas may be issued as provided in §131.041 of the Act. An affidavit provided under subsection (e)(1) of that section shall be filed with the office of the Chief Apiary Inspector and shall be valid only for a period of one year from the date of filing.</content><note type="source"><p>Source Note: The provisions of this §71.9 adopted to be effective December 29, 2020, 45 TexReg 9411; amended to be effective October 24, 2023, 48 TexReg 6206.</p></note></section><section identifier="/us/state/tx/tac/t4/p4/c71/scA/s71.10"><num value="71.10">§71.10</num><heading>Inspection and Certification</heading><content>(a) Inspections may be requested at any point during the year. An inspection may be requested in accordance to §131.044(a) or via telephone at (979) 845-9713.(b) Certificates of inspection are valid for one year from the inspection date.</content><note type="source"><p>Source Note: The provisions of this §71.10 adopted to be effective December 29, 2020, 45 TexReg 9411.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p4/c71/scB"><num value="B">SUBCHAPTER B</num><heading>DISEASE CONTROL</heading><section identifier="/us/state/tx/tac/t4/p4/c71/scB/s71.11"><num value="71.11">§71.11</num><heading>Apiary Quarantine</heading><content>(a) All apiaries wherein a reportable disease is known to exist may be quarantined by the Chief Apiary Inspector.(b) A quarantine of an apiary by the Chief Apiary Inspector shall be established by:(1) notifying the person having custody or control of the apiary of the presence of the reportable disease; or(2) placing quarantine signs on the location quarantined.(c) No bees, nuclei, combs, or equipment may be removed from a quarantined apiary except upon written authorization of the Chief Apiary Inspector.(d) A quarantine established by the Chief Apiary Inspector shall remain in force and effect until the Chief Apiary Inspector shall declare the quarantined apiary or location to be free from disease. The Chief Apiary Inspector shall review a quarantined apiary or location at least once every 30 days for the continued presence of disease.</content><note type="source"><p>Source Note: The provisions of this §71.11 adopted to be effective December 31, 1979, 4 TexReg 4607; amended to be effective November 9, 1983, 8 TexReg 4482; amended to be effective December 29, 2020, 45 TexReg 9411.</p></note></section><section identifier="/us/state/tx/tac/t4/p4/c71/scB/s71.12"><num value="71.12">§71.12</num><heading>Area Quarantine</heading><content>If the Chief Apiary Inspector determines that the public welfare requires the establishment of a quarantine, the inspector may declare a protective quarantine of a district, county, precinct, or other defined area as provided in the §131.022 of the Act.</content><note type="source"><p>Source Note: The provisions of this §71.12 adopted to be effective December 29, 2020, 45 TexReg 9411.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p4/c71/scC"><num value="C">SUBCHAPTER C</num><heading>PERMITS AND REGISTRATION</heading><section identifier="/us/state/tx/tac/t4/p4/c71/scC/s71.22"><num value="71.22">§71.22</num><heading>Payment of Fees</heading><content>(a) Payment of fees may be made electronically or by check or money order. All checks or money orders remitted for the payment of any fees specified in Subchapter C of the Act, shall be made payable to the "Texas Apiary Inspection Service." Fees shall be collected in the same manner that other fees of the Texas A&M AgriLife Research agency are collected.(b) In the event of delinquent payment for such fees, the Chief Apiary Inspector may:(1) sue to collect the delinquent fee;(2) revoke or rescind the permit or registration; and/or(3) require a $10 penalty for delinquent payment from the registrant or permittee.</content><note type="source"><p>Source Note: The provisions of this §71.22 adopted to be effective December 31, 1979, 4 TexReg 4607; amended to be effective November 9, 1983, 8 TexReg 4482; amended to be effective December 29, 2020, 45 TexReg 9411.</p></note></section><section identifier="/us/state/tx/tac/t4/p4/c71/scC/s71.24"><num value="71.24">§71.24</num><heading>Beekeeper Registration</heading><content>(a) Each beekeeper in this state may register on an annual basis with the chief apiary inspector. Registration under this section expires August 31 following the date the registration is issued.(b) A registration must include:(1) information required by the chief apiary inspector; and(2) the county or counties in which the beekeeper operates.(c) The inspector may require a beekeeper to submit a map showing the exact location of each of the beekeeper's apiaries. A map submitted under this section is a trade secret under Ch. 552, Government Code, and may not be disclosed.</content><note type="source"><p>Source Note: The provisions of this §71.24 adopted to be effective October 24, 2023, 48 TexReg 6206.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t4/p4/c71/scD"><num value="D">SUBCHAPTER D</num><heading>QUARANTINES</heading><section identifier="/us/state/tx/tac/t4/p4/c71/scD/s71.51"><num value="71.51">§71.51</num><heading>Complaints and Notification</heading><content>(a) Beekeepers or other persons with a knowledge of or a formal complaint concerning the disease status of an apiary or relating to apiary equipment may notify: the Chief Apiary Inspector, Entomology Department, 2475 TAMU, Texas A&M University, College Station, Texas 77843-2475, (979) 845-9713, TAIS@TAMU.EDU.(b) Complaints or notification should be submitted in writing and include the following information, to the extent it is known:(1) name of beekeeper, person, or firm;(2) address and phone number;(3) location or site where the problem or receipt of diseased bees was noted;(4) other information or evidence, as may be helpful to the Texas Apiary Inspection Service in identifying and resolving a complaint.(c) Receipt of complaints will be acknowledged and the complainant periodically notified of progress and the final resolution. Firm(s) or person(s) designated or involved in the complaint may be notified, if it is in the best public interest in resolving the complaint.</content><note type="source"><p>Source Note: The provisions of this §71.51 adopted to be effective June 23, 1986, 11 TexReg 2643; amended to be effective December 29, 2020, 45 TexReg 9411.</p></note></section><section identifier="/us/state/tx/tac/t4/p4/c71/scD/s71.53"><num value="71.53">§71.53</num><heading>Public Testimony</heading><content>(a) Persons interested in commenting or reviewing action or activities of the Texas Apiary Inspection Service are requested to notify the Texas Apiary Inspection Service. Interested parties will be notified when meetings are scheduled or may request to meet with the Chief Apiary Inspector.(b) The Texas Apiary Inspection Service will notify the president of the Texas Beekeepers Association at least three working days prior to a public meeting. Other organizations interested in honey bees may contact the Texas Apiary Inspection Service in writing, requesting advance meeting notification.</content><note type="source"><p>Source Note: The provisions of this §71.53 adopted to be effective June 23, 1986, 11 TexReg 2643; amended to be effective December 29, 2020, 45 TexReg 9411.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t4/p9"><num value="9">PART 9</num><heading>TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY</heading><chapter identifier="/us/state/tx/tac/t4/p9/c162"><num value="162">CHAPTER 162</num><heading>PULLORUM DISEASE AND FOWL TYPHOID PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t4/p9/c162/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.1"><num value="162.1">§162.1</num><heading>Applicability and Scope</heading><content>These rules shall apply to all firms or persons producing hatching eggs, or hatching, selling, or exhibiting domesticated poultry within the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §162.1 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.2"><num value="162.2">§162.2</num><heading>Definitions and Terms</heading><content>The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Dealer--A firm or person other than a flockowner or hatchery who offers poultry or hatching eggs for sale or trade.(2) Flock--(A) all the poultry and eggs under the same ownership or management on any given premise or on adjacent premises; and(B) all poultry under the control or ownership of a dealer.(3) Hatchery--Equipment on one premises operated or controlled by any person or firm for the hatching of poultry eggs.(4) Infected flock--A flock in which one or more birds has been diagnosed and confirmed by isolation of Salmonella pullorum or Salmonella gallinarum to be infected with pullorum disease or fowl typhoid.(5) Multiplier flock--A flock that originates from a primary breeding flock and that is intended for production of hatching eggs.(6) Negative test result--An approved testing procedure in which the blood or serum antigen mixture fails to clump.(7) Official test--Serological testing using a Texas Veterinary Medical Diagnostic Laboratory (TVMDL) approved testing procedure conducted by a recognized laboratory and/or TVMDL personnel.(8) Positive test result--An approved testing procedure in which there is complete or nearly complete clumping of the blood or serum antigen mixture.(9) Poultry--Chickens, turkeys, game birds, and all other domestic fowl.(10) Primary breeding flock--A flock that is maintained for the purpose of establishing, continuing, or improving parent lines.(11) Products--Poultry or hatching eggs.(12) Recognized laboratory--A laboratory approved by TVMDL for performing approved serological testing procedures and bacteriological culture techniques.(13) Testing agent--An employee, agent, or representative of TVMDL authorized by TVMDL to perform approved serological testing procedures and bacteriological culture techniques.</content><note type="source"><p>Source Note: The provisions of this §162.2 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.3"><num value="162.3">§162.3</num><heading>Methods of Compliance</heading><content>All firms or persons hatching or selling domesticated poultry within the State of Texas must have a pullorum-typhoid status at least equivalent to that specified by the National Poultry Improvement Plan of the Animal and Plant Health Inspection Service of the United States Department of Agriculture. A firm or persons may obtain such status by compliance with one of the following methods. (1) Those firms or persons currently qualified under the National Poultry Improvement Plan are recognized as meeting the requirement of these sections. (2) Any firm or person presently under a program of monitoring and testing breeder birds for pullorum and typhoid which is equivalent to the required program may have the program approved by the Texas Veterinary Medical Diagnostic Laboratory (TVMDL).(3) A firm or person unable to obtain a pullorum typhoid status at least equivalent to that specified by the National Poultry Improvement Program by compliance with one of the methods outlined in paragraphs (1) and (2) of this section must submit his flock to an official test. A flock in which all test results are negative shall be considered to have a pullorum-typhoid status equivalent to that specified by the National Poultry Improvement Plan. The following testing procedures may be used to comply with this regulation. (A) All birds in the primary breeder flocks are tested and all birds in multiplier flocks are tested. (B) All birds in the primary breeder flocks are tested, and birds in the multiplier flocks are tested according to the following. Attached Graphic(C) All birds in the primary breeder flocks are tested. Multiplier flocks are not required to test. (D) At least 300 birds from the primary breeder flocks are tested. No test is required in multiplier flocks. (E) Under the methods described in subparagraphs (B), (C), and (D) of this section, in lieu of blood testing, TVMDL may determine that a primary breeding flock, a multiplier breeding flock, game birds, and waterfowl may comply with this regulation if a bacteriologic monitoring program and a bacteriologic examination has been made of samples of down or fluff shed by baby poultry in the hatchery. At least three negative cultures on samples collected on three separate hatches are required. In making such determination, TVMDL shall consider the origin of the flock and any history of pullorum disease or fowl typhoid in the flock or on the premises in which the flock has been housed, incubated, brooded, or ranged. The TVMDL may require blood testing of flocks when there is any cause to suspect infection with pullorum disease or fowl typhoid. Before compliance by this method can be approved by TVMDL, the firm or person owning the flock must agree to submit specimens to an approved laboratory when excessive mortality in birds under four weeks of age has occurred. (4) A dealer may qualify by purchasing hatching eggs or the poultry only from pullorum-typhoid free flocks as established under the Texas Pullorum-Typhoid Program or the National Poultry Improvement Plan or an equivalent program.</content><note type="source"><p>Source Note: The provisions of this §162.3 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.4"><num value="162.4">§162.4</num><heading>Submission of Positives to a Recognized Laboratory and Restrictions on Sale and Movement Pending Laboratory Testing</heading><content>(a) Each flockowner or dealer of poultry indicating a positive test result in tests conducted by a testing agent shall submit such birds from the flock to a recognized laboratory for confirmation. If laboratory examination fails to reveal Salmonella pullorum or Salmonella gallinarum organisms, the flock shall be considered negative. If a flockowner or dealer of poultry refuses to pen and/or present poultry for field testing by a testing agent, or if a field test indicates a positive result and a flockowner or dealer of poultry fails to submit such poultry to a recognized laboratory for confirmation, or if a flockowner or dealer offers for sale poultry lacking a pullorum-typhoid status equivalent to that specified by the National Poultry Improvement Plan of the United States Department of Agriculture, Animal and Plant Health Inspection Service, TVMDL may designate the entire flock an infected flock.(b) The number of poultry to be submitted for laboratory confirmation of serologic tests shall be all reactor birds up to five or as otherwise determined by TVMDL or its representative.(c) The TVMDL may order any flockowner or dealer who has refused to pen or present poultry for field testing by a testing agent, or who has offered for sale poultry lacking a pullorum-typhoid status equivalent to that specified by the National Poultry Improvement Plan of the United States Department of Agriculture, Animal and Plant Health Inspection Service, or who fails to submit to a recognized laboratory for confirmation poultry which has indicated a positive test result in a field test, to refrain from selling, trading, or moving his flock or hatching eggs without receiving prior written permission from the Texas Animal Health Commission or TVMDL. Such order shall remain in effect until the flock has been determined by field or laboratory examination to be free of Salmonella pullorum or Salmonella gallinarum organisms, or in cases where such organisms are present, until the Texas Animal Health Commission has imposed a quarantine or otherwise acted to restrict the movement of birds or eggs to prevent the further spread of the infection.</content><note type="source"><p>Source Note: The provisions of this §162.4 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.5"><num value="162.5">§162.5</num><heading>Procedures for Handling Infected Flocks and Their Products</heading><content>(a) Any infected flock shall be reported to the Texas Animal Health Commission, who will impose a quarantine or otherwise restrict the movement of birds or eggs to prevent further spread of the infection. An infected flock may be disposed of in one of the following manners.(1) Birds reacting to the pullorum-typhoid test may be removed from the flock and all remaining birds in the flock serologically tested. If, as a result of two consecutive negative flock tests, the first not less than 21 days later, the flock shall be considered to have a pullorum-typhoid status at least equivalent to that specified by the National Poultry Plan. The flock must not be treated with antibiotics or other drugs that may mask the presence of the disease.(2) The flock may be moved to a state or federally inspected poultry processing establishment accompanied by a written certificate issued by the Texas Animal Health Commission or its representative.(3) The flock may be depopulated without recompense to the owner under supervision of the Texas Animal Health Commission and/or Texas Veterinary Medical Diagnostic Laboratory (TVMDL).(b) The TVMDL may require the testing of any flock when such testing is necessary to the control and eradication of pullorum disease and fowl typhoid. The owner must pen and/or present his birds for testing at a time and place designated by a testing agent of TVMDL.(1) All incubating eggs from infected flocks shall be removed from the incubator and destroyed under Texas Animal Health Commission and TVMDL supervision prior to hatching, except that by special permission eggs may be hatched under quarantine of the eggs and the progeny.(2) Fowl typhoid (S. gallinarum) positive flock(s) must follow the Texas Animal Health Commission (TAHC) rules and regulations outlined in §57.11(a)(4) of this title (relating to General Requirements), which states: "(4) When Fowl Typhoid (S. gallinarum) infection is confirmed in a flock, the farm on which the flock is located shall be placed under quarantine and the flock depopulated. Following depopulation and burial or incineration of all poultry, nest material, and litter, the premise and facilities shall be cleaned and disinfected. The premise shall remain quarantined for at least 180 days following depopulation during which time poultry shall not be reintroduced to the premises. Following removal of the quarantine, repopulation of the premises may be allowed with poultry that have been tested negative to fowl typhoid."</content><note type="source"><p>Source Note: The provisions of this §162.5 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.6"><num value="162.6">§162.6</num><heading>Cleaning and Disinfecting</heading><content>Premises found to have housed, incubated, brooded, or ranged an infected flock shall be cleansed and disinfected under the supervision of Texas Veterinary Medical Diagnostic Laboratory (TVMDL) personnel within 15 days following depopulation, unless an extension of time is granted. No infected premises shall be restocked with poultry or eggs for hatching purposes until the above cleaning and disinfecting requirement is certified complete by TVMDL.</content><note type="source"><p>Source Note: The provisions of this §162.6 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.7"><num value="162.7">§162.7</num><heading>Texas Pullorum-Typhoid Certified Flock and Approved Hatchery Classification</heading><content>A flock classification of "Texas pullorum-typhoid certified" is established to recognize and identify those flocks that are free of pullorum disease and fowl typhoid.(1) A flock of poultry may attain this status by meeting the requirements of one of three alternatives. The alternatives are the following.(A) A flock may attain this status when each chicken or turkey breeder flock 16 weeks of age or older and other poultry approaching sexual maturity, and before eggs are hatching, has been tested by an approved serological testing procedure, conducted by authorized Texas Veterinary Medical Diagnostic Laboratory (TVMDL) personnel, with no positive reactors.(B) A flock may attain this status when it is a flock originating from Texas pullorum-typhoid certified flocks, United States pullorum-typhoid clean, or the equivalent to that specified by the National Poultry Improvement Plan by one of the methods described in §162.3 of this title (relating to Methods of Compliance).(C) A flock found to be infected with pullorum disease may attain this status by two consecutive negative tests not less than 21 days apart provided that all eligible poultry on the premises have been included in such tests. These flocks must be retested one year from the date of their last negative test (100% test).(2) A flock of poultry which has been certified may be recertified each year under this system if there is no serological or other evidence of pullorum disease or fowl typhoid and all birds added to the flock are United States pullorum-typhoid clean, Texas pullorum-typhoid certified, or the equivalent.(3) Any hatchery in the state must be approved by TVMDL. Hatcheries desiring approval must be inspected and approved by a representative of TVMDL. Factors which will be considered by TVMDL in the approval process include physical facilities, hatchery sanitation, the source and identification of all hatching eggs, and the cleaning, disinfecting, and biosecurity practices of the hatchery. Only eggs or products from flocks which meet the United States pullorum-typhoid clean status, according to the National Poultry Improvement Plan or a Texas pullorum-typhoid certified flock or hatchery or equivalent, may be used by the hatchery. It is the responsibility of the hatchery management to require that only eggs from qualified flocks are placed in the incubators. Failure to enforce this requirement is a violation of the Pullorum-Typhoid Act and may result in quarantine and/or prosecution.(4) Approved hatcheries shall be subject to periodic inspections. Failure to meet the requirements of these regulations is cause for withdrawal of the approval status of the hatchery.</content><note type="source"><p>Source Note: The provisions of this §162.7 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.8"><num value="162.8">§162.8</num><heading>Exhibition of Poultry</heading><content>All poultry going to public exhibition must originate from pullorum-typhoid clean sources and must be accompanied by a certificate of source or purchase. Poultry going to exhibition which are not accompanied by a certificate of source or purchase will be declared an infected flock by the Texas Veterinary Medical Diagnostic Laboratory (TVMDL). Organizers and sponsors of public exhibition are required to bar from exhibition any poultry not accompanied by a certificate of source or purchase.</content><note type="source"><p>Source Note: The provisions of this §162.8 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.9"><num value="162.9">§162.9</num><heading>Registration</heading><content>(a) All hatcheries must register and submit the following information to the Pullorum-Typhoid Program, Texas Veterinary Medical Diagnostic Laboratory, Drawer 3040, College Station, Texas 77841-3040:(1) hatchery name, address, capacity, and type of poultry hatched;(2) name and address of each supplier of hatching eggs and location of breeder flocks.(b) All independent breeding flocks not associated with a registered hatchery must register, giving flock size, breed, where eggs are hatched, and location of flock. A testing report form completed by a testing agent will satisfy the requirement for registration of a flock.</content><note type="source"><p>Source Note: The provisions of this §162.9 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section><section identifier="/us/state/tx/tac/t4/p9/c162/sc/s162.10"><num value="162.10">§162.10</num><heading>Public Sales</heading><content>All poultry offered for public sale or trade at markets such as trade days, flea markets, auctions, or any other public sale must originate from pullorum-typhoid clean flocks or hatcheries. The seller must furnish proof of the source of poultry or hatching eggs offered for public sale. The owner or management of any market or public sale shall prevent the sale, trade, or offer for sale of any bird that is not properly qualified under the Texas Pullorum-Typhoid Program. Failure to enforce this requirement may result in the issuing of an order prohibiting any further sale of poultry on the grounds. All birds from states other than Texas must be accompanied by a health certificate from the state of origin, including a negative pullorum-typhoid test within 30 days of the sale. All poultry not properly identified and qualified as pullorum-typhoid clean is prohibited from sale and must be returned to the owner or dealer's premises.</content><note type="source"><p>Source Note: The provisions of this §162.10 adopted to be effective November 16, 1993, 18 TexReg 7922.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t4/p12"><num value="12">PART 12</num><heading>TEXAS A&M FOREST SERVICE</heading><chapter identifier="/us/state/tx/tac/t4/p12/c215"><num value="215">CHAPTER 215</num><heading>FOREST ZONE DETERMINATION PROCEDURE</heading><subchapter identifier="/us/state/tx/tac/t4/p12/c215/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.1"><num value="215.1">§215.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) AMZ--Aesthetic management zone, a timber land on which timber harvesting is restricted for aesthetic or conservation purposes, including:(A) maintaining standing timber adjacent to public rights-of-way, including highways, roads and public use areas such as public park, school, lake, cemetery, church, also referred to as "AMZ-public rights-of-way"; and(B) preserving an area in a forest, as defined by Natural Resources Code, §152.003, that is designated by the director of the Texas A&M Forest Service as special or unique because of the area's natural beauty, topography, or historical significance, also referred to as "AMZ-special or unique area".(2) CWHZ--Critical wildlife habitat zone, a timber land on which the landowner restricts timber harvesting so as to provide at least three of the following benefits for the protection of an animal or plant that is listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.) and its subsequent amendments or as endangered under Parks and Wildlife Code, §68.002:(A) habitat control;(B) erosion control;(C) predator control;(D) providing supplemental supplies of water;(E) providing supplemental supplies of food;(F) providing shelters; and(G) making of census counts to determine population.(3) SMZ--Streamside management zone, a timber land on which timber harvesting is restricted in accordance with a management plan to:(A) protect water quality; or(B) preserve a waterway, including intermittent and perennial streams, river, lake, slough, pond, creek, reservoir, watershed, or wetland (ephemeral streams are excluded).(4) Ephemeral stream--A stream or drain that flows only during and for short periods following precipitation and flows in low areas that may or may not have a well-defined channel.(5) Intermittent stream--A stream that flows only during wet periods of the year (or 30-90% of the time) and flows in a continuous, well-defined channel.(6) Perennial stream--A stream that flows throughout a majority of the year (or greater than 90% of the time) and flows in a well-defined channel.(7) Forest zone--An AMZ, CWHZ, or SMZ, also referred to as "zone".(8) Management plan--A written plan or a collection of written directives governing management of an applicant's timberland that the landowner has developed, written, and implemented, with or without professional assistance. The plan must use the forestry best management practice consistent with the agricultural and silvicultural nonpoint source pollution management program administered by the State Soil and Water Conservation Board under Agriculture Code, §201.026, identifying specific management practice, including restrictions on harvest, for each of the types of zones included in the plan.(9) Director--The director of the Texas A&M Forest Service.(10) Public right-of-way--A United States or state highway, a county road, a farm-to-market road, other public maintained roads, and public use areas such as public park, school, lake, cemetery, and church.(11) Basal area--The cross-sectional area of a tree, in square feet, measured at 4 1/2 feet above the ground.</content><note type="source"><p>Source Note: The provisions of this §215.1 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.5"><num value="215.5">§215.5</num><heading>The Criteria for Determining Aesthetic Management Zone upon Request from a Chief Appraiser or Taxing Unit</heading><content>(a) The criteria that Texas A&M Forest Service uses in determining AMZ-public rights-of-way upon request from a chief appraiser or taxing unit is set out as follows.(1) AMZ must be a band of standing trees at least 10 years old or 35 feet tall.(2) The width of the AMZ must be at least 100 feet but within 200 feet in width from the edge of the public rights-of-way.(3) A management plan must be provided that addresses harvest restriction to ensure the continued aesthetic value of the zone. The landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as AMZ-public rights-of-way.(4) Harvesting is restricted to the extent that an average 50 square feet per acre of residual basal area must be retained in trees evenly distributed within AMZ.(b) The criteria that Texas A&M Forest Service uses in determining whether an application qualifies as a designation of AMZ-special or unique area due to the area's natural beauty, topography, or historical significance is set out as follows.(1) Qualified area possesses special or unique traits such as:(A) archeological sites, including historic and pre-historic sites (e.g., Native American site, early settlement sites);(B) rare geological formation (e.g., waterfall or overlooks);(C) unique scenic beauty;(D) unique plants or animals communities (e.g., old growth forests, pitcher plant bog);(E) other traits that suggest a special importance to society.(2) The historical/archeological area must be recorded with the Texas Archeological Research Laboratory, the University of Texas at Austin, state official depository for archeological site records, with a site number assigned.(3) The area is recommended by a specialist whose findings prove the area has features that are unique or special and worthy of preservation. The specialist must be qualified because of their area of expertise to identify area in need of preservation or conservation. Minimum qualification of the specialist include an advanced degree in the area of claimed expertise, experiences in identifying and preserving sites in the area of expertise, and/or current employment by an organization engaged in identifying and preserving such sites. A letter stating the specialists' qualifications and experience must be submitted with the application.(4) Compliance with the following harvest restriction provisions is required:(A) Harvesting may be totally restricted if necessary to protect the special features that make this site unique.(B) A management plan developed with inputs from the appropriate specialists must be provided addressing restricted timber harvesting as to the extent and frequency; the landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as a AMZ-special or unique area.(C) If harvesting is permitted, an average 50 square feet per acre of residual basal area must be retained in trees evenly distributed within the AMZ.(D) Special or unique area may be regenerated using different methods; however, the specialist assisting with the management plan must address how the special features will not be adversely affected.(5) The timberland is under timber-use appraisal (or productivity appraisal), as defined in Tax Code, Title 1 Property Tax, Subchapter E, §23.72. Land qualifies for timber-use appraisal if it is currently and actively devoted principally to production of timber or forest products to the degree of intensity generally accepted in the area with intent to produce income and has been devoted principally to production of timber or forest products or to agricultural use that would qualify the land for agricultural use appraisal under Tax Code, Title 1 Property Tax, Subchapter C, or open-space land appraisal under Tax Code, Title 1 Property Tax, Subchapter D, for five of the preceding seven years.</content><note type="source"><p>Source Note: The provisions of this §215.5 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.9"><num value="215.9">§215.9</num><heading>The Criteria for Determining Critical Wildlife Habitat Zone upon Request from a Chief Appraiser or Taxing Unit</heading><content>The criteria that the Texas A&M Forest Service uses in determining CWHZ upon request from a chief appraiser or taxing unit is set out as follows.(1) The presence of qualified endangered or threatened animal or plant, as defined in paragraph (2) of this section, in the zone and the existence of a plan to protect it must be evidenced by a memorandum of understanding, conservation agreements, or other documentation pertaining to the protection of such animal or plant life with a federal, state, or private organization with recognized responsibility for protecting this species.(2) The animal or plant is listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.) and its subsequent amendments, or as endangered under Parks and Wildlife Code, §68.002, including:(A) bald eagle--Haliaeetus leucocephalus(B) red-cockaded woodpecker--Picoides borealis(C) Houston toad--Bufo houstonensis(D) Texas trailing phlox--Phlox nivalis ssp. Texensis(E) white bladderpod--Lesquerella pallida(F) Navasota ladies'-tresses--Spiranthes parksii(3) This list is subject to change. A current listing is available from the Texas Parks and Wildlife Department.(4) A management plan developed with inputs from an endangered species specialist that addresses federal and state critical habitat requirement by species must be provided. The plan must address harvesting restrictions and state how the landowner provides at least three of the following benefits:(A) habitat control;(B) erosion control;(C) predator control;(D) providing supplemental supplies of water;(E) providing supplemental supplies of food;(F) providing shelters; and(G) making of census counts to determine population.(5) The landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as a CWHZ.</content><note type="source"><p>Source Note: The provisions of this §215.9 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.13"><num value="215.13">§215.13</num><heading>The Criteria for Determining Streamside Management Zones upon Request from a Chief Appraiser or Taxing Unit</heading><content>The criteria that the Texas A&M Forest Service uses in determining SMZ upon request from a chief appraiser or taxing unit is set out as follows.(1) SMZ includes forested buffers adjacent to streams or bodies of water, including intermittent and perennial streams, river, lake, slough, pond, creek, reservoir, watershed, or wetland (ephemeral streams are excluded).(2) The minimum width of an SMZ on each side and above the head of streams or adjacent to bodies of water should be 50 feet from each bank (however, with sufficient evidence shown, the width can be extended to no more than 200 feet depending on the slope, soil, cover type, and proximity to municipal water supply).(3) Total SMZ width includes average stream channel width plus buffer width.(4) If the SMZ's boundaries are not self-evident (e.g., clear-cut and young plantation may indicate a self-evident boundary) and not at a uniform width, the boundaries must be marked with paint or signs. Boundary marks can be no further than 100 feet apart.(5) Newly established SMZ's must have trees average 10 years of age or more with a minimum of 300 well-spaced trees per acre, or an average 50 square feet per acre of basal area in trees evenly distributed within the zone.(6) A management plan must be provided addressing best management practices for the SMZ consistent with the management plan for the silvicultural nonpoint source pollution management program developed by the Texas State Soil and Water Conservation Board. These guidelines are available from the Texas A&M Forest Service or Texas Forestry Association. The plan must address harvest restrictions, as prescribed in paragraph (7) of this subsection. The landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as a SMZ.(7) Harvesting is restricted to the extent that a minimum of 50 square feet per acre, on average, of residual basal area should be retained in trees evenly distributed within SMZ.</content><note type="source"><p>Source Note: The provisions of this §215.13 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.17"><num value="215.17">§215.17</num><heading>Request for Zone Determination by a Chief Appraiser or Taxing Unit</heading><content>(a) Request for zone determination by a chief appraiser. (1) Prior to denial of an application based on zone location, a chief appraiser must request a determination letter from the director as to the type, size, and location of the zone, if any, in which the applicant's land is located, pursuant to Tax Code, §23.9806(a). Such request must be made no later than 30 days after the date of receipt of the application for restricted-use timberland appraisal from the landowner if prior to April 1 or 15 days after the date of receipt of the application if after April 1. The chief appraiser shall accept the director's determination letter as conclusive proof of the type, size, and location of the zone, if any, pursuant to Tax Code, §23.9806(c) and §23.9806(d). (2) To request a zone determination, the chief appraiser must complete and deliver the request form to the Texas A&M Forest Service, including the following information: Attached Graphic(A) a copy of application for restricted-use timberland appraisal based on zone claimed, showing the applicant's name, address, and telephone number and the date of the application; (B) a statement certifying: (i) the date the chief appraiser received the application; (ii) that the chief appraiser has delivered a copy of the request to the applicant; and (iii) the date on which such notice was given; (C) a list of the taxing units in which the subject land is located; (D) the type of zone for which restricted-use timberland appraisal is sought; (E) the number of acres included in the zone; (F) the location of the claimed zone; (G) a statement of the grounds upon which the chief appraiser seeks to deny the application; (H) a map showing tract location and a map of tract showing the zone location if location or acreage is contested; (I) information to document the case if the minimum 50 square feet per acre of residual basal area is contested; (J) any other information or evidence required according to the instructions for submitting information or evidence, as prescribed in paragraph (3)(B) of this subsection, to support the chief appraiser's position; and (K) any other information or evidence the chief appraiser believes should be considered by the director in making a determination. (3) The chief appraiser shall deliver to the applicant and each taxing unit in which the land is located: (A) a notice to notify the applicant and each taxing unit in which the land is located that a determination has been requested. Attached Graphic(B) appropriate instructions to the applicant and each taxing unit in which the land is located specifying: Attached Graphic(i) that the applicant or each taxing unit in which the land is located has the right to present information and evidence to the director; (ii) the deadline by which the applicant and each taxing unit must submit such information and evidence, as defined in subsection (b)(2) and (b)(5) of this section; (iii) the information or evidence required by the director for each type of zone to support each party's position; and (iv) the mailing address and telephone number of the director or the director's representatives. (C) a copy of the request and all information submitted to the director by the chief appraiser. (4) If a request is not filed within the period required by paragraph (1) of this subsection, omits information required by paragraph (2) of this subsection, or fails to provide the notices required by paragraph (3) of this subsection, the director may not consider the request. (b) Presentation of information or evidence by the applicant and the taxing units to the director in response to request by a chief appraiser. (1) If a chief appraiser requests a determination letter from the director prior to denial of an application based on claimed zone under Tax Code, §23.9806(a), the applicant and a representative of each taxing unit in which the land is located may present information or evidence to the director before the director issues the determination letter, pursuant to Tax Code, §23.9806(e). (2) Such information or evidence must be submitted by the applicant or each taxing unit in which the land is located in writing no later than 30 days after the date of receipt of the notice of the zone determination request from the chief appraiser if prior to April 1 or 15 days after the date of receipt of the request if after April 1. (3) The information or evidence that must be provided by the applicant or the taxing unit to the director is prescribed in subsection (a)(3)(B) of this section. Failure to provide the required information or evidence may result in an adverse determination for that party. (4) If a taxing unit submits any information or evidence to the director that was not provided to the applicant by the chief appraiser, the taxing unit must deliver a copy of the information or evidence to the applicant. (5) The applicant may respond to the additional information or evidence submitted by a taxing unit. Such response must be submitted in writing to the director not later than 15 days after the date of receipt from the taxing unit. (c) Request for zone determination by a taxing unit. (1) If a taxing unit challenges a determination that a timber land qualifies for restricted-use timberland appraisal on the ground that the land is not located in a zone, the taxing unit must first seek a determination letter from the director, pursuant to Tax Code, §41.03(b), within 15 days after the date the appraisal records are submitted to the appraisal review board. The appraisal review board shall accept the director's determination letter as conclusive proof of the type, size, and location of the zone, if any, pursuant to Tax Code, §41.03(b). (2) To request a zone determination, the taxing unit must complete and deliver a request form, as prescribed in subsection (a)(2) of this section, to the Texas A&M Forest Service, including the following: (A) a copy of the application for restricted-use timberland appraisal based on forest zone, showing the applicant's name, address, and telephone number and the date of the application; (B) a statement certifying: (i) the date the appraisal record was submitted to the appraisal review board; (ii) that the taxing unit has delivered a copy of the request to the applicant; and (iii) the date on which such notice was given; (C) the type of zone for which restricted-use appraisal is sought; (D) the number of acres included in the zone claimed; (E) the location of the claimed zone; (F) a statement of the grounds upon which the taxing unit seeks to challenge the application; (G) a map showing tract location and a map of tract showing the zone location if location or acreage is contested; (H) information to document the case if the minimum 50 square feet per acre of basal area is contested; (I) any other information or evidence required by the Texas A&M Forest Service according to the instructions for submitting information or evidence, as prescribed in subsection (a)(3)(B) of this section, to support the taxing unit's position; and (J) any other information or evidence the taxing unit believes should be considered by the director in making a determination. (3) The taxing unit shall deliver to the applicant and the chief appraiser: (A) a notice to notify the applicant and the chief appraiser that a determination has been requested. Attached Graphic(B) appropriate instructions to the applicant and the chief appraiser, as prescribed in subsection (a)(3)(B) of this section, specifying: (i) that the applicant and the chief appraiser has the right to present information and evidence to the director; (ii) the deadline by which the applicant and the chief appraiser must submit such information and evidence, as defined in paragraph (4) of this subsection; (iii) the information or evidence required by the director to support each party's position; and (iv) the mailing address and telephone number of the director or the director's representatives. (C) a copy of the request and all information submitted to the director from the taxing unit. (4) The applicant and the chief appraiser may respond to the request by submitting information or evidence to the director. Such information or evidence must be submitted in writing within 15 days of receipt from the taxing unit. (5) If a request is not filed within the period required by paragraph (1) of this subsection, omits information required by paragraph (2) of this subsection, or fails to provide the notice required by paragraph (4) of this subsection, the director may not consider the request.</content><note type="source"><p>Source Note: The provisions of this §215.17 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.21"><num value="215.21">§215.21</num><heading>Director's Action</heading><content>(a) Director's action on request from the chief appraiser. (1) The director shall make the determination based on the written information or evidence submitted by the chief appraiser, the applicant, and taxing unit(s). The determination letter, as prescribed in Figure: 4 TAC §215.21(a)(1), shall include the following information: Attached Graphic(A) whether the land is located in a zone; (B) the type of zone in which the land is located, if any; (C) the number of acres included in the zone, if any; and (D) the location of the zone. (2) The director shall deliver a determination letter to the chief appraiser no later than June 30 or as soon thereafter as practicable. (3) The director shall deliver a copy of the determination letter to the applicant and any taxing unit that submitted information to the director at the same time when the letter is sent to the chief appraiser. (b) Director's action on request from a taxing unit. (1) The director shall make the determination based on the written information and evidence submitted by the chief appraiser, the taxing unit, and the applicant. The determination letter, as prescribed in subsection (a)(1) of this section, shall include the following information: (A) whether the land is located in a zone; (B) the type of zone in which the land is located, if any; (C) the number of acres included in the zone, if any; and (D) the location of the zone. (2) The director shall issue a determination letter to the taxing unit no later than June 30 or as soon thereafter as practicable. (3) The director shall deliver a copy of the determination letter to the applicant, the chief appraiser, and the appraisal review board at the same time when the letter is sent to the taxing unit.</content><note type="source"><p>Source Note: The provisions of this §215.21 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.25"><num value="215.25">§215.25</num><heading>The Recognized Date of Filing, Notices, and Delivery of Information</heading><content>(a) A document may be filed or delivered in person, by certified mail with return receipt requested, or courier delivery.(1) In-person or hand delivery. The filing or delivery time for a document delivered by this method is the date shown on a receipt which is signed and dated by the receiving party acknowledging personal delivery. The sending and receiving party each shall keep a copy of the signed and dated receipt.(2) Certified mail. The filing or delivery time for a document delivered by this method is the postmark shown on the receipt.(3) Courier delivery. The filing or delivery time for a document delivered by this method is the postmark shown on the courier receipt.(b) In computing a deadline that starts to run from the date of receipt of a notice or other information, the date of receipt shown on the return receipt or a courier receipt showing the date delivered to the correct address shall be the conclusive evidence of the date of receipt.</content><note type="source"><p>Source Note: The provisions of this §215.25 adopted to be effective January 30, 2000, 25 TexReg 378.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c215/sc/s215.35"><num value="215.35">§215.35</num><heading>Application for Designation of Timberland as AMZ-Special or Unique Area</heading><content>(a) Pursuant to Tax Code, §23.9801(B), to qualify as AMZ-special or unique area, timberland must be designated by the Texas A&M Forest Service based on the area's natural beauty, topography, or historical significance. (b) To apply for such a designation, the applicant must complete and deliver the application form to the Texas A&M Forest Service. The application must contain adequate information to determine eligibility. Such information includes: Attached Graphic(1) the applicant's information, including name, address, and phone number; (2) size of proposed designated area; (3) location of proposed designated site; (4) historical/archeological site recording with the Texas Archeological Research Laboratory, the University of Texas at Austin; (5) a description of the significance of features that warrant a designation; (6) a management plan that meet harvesting restriction requirement as defined in Section 215.5(b)(4) of this title (relating to the Criteria for Determining AMZ upon Request from a Chief Appraiser or Taxing Unit); and (7) any other information or evidence necessary to support the application. (c) The Texas A&M Forest Service shall use the criteria, as set forth in §215.5(b) of this title to determine whether an application qualifies as designated AMZ-special or unique area. (d) If a timberland qualifies for designation, the director shall issue a letter to the applicant designating the land as special or unique. The letter shall specify the location of the zone, the number of acres located in the zone, and the special or unique natural, topographical, or historical features of the land. Attached Graphic(e) The designation letter shall be issued within 60 days after the date the application is received by the director or by April 15, whichever is later. (f) The director may revoke a designation issued under this section at any time if the timberland no longer qualifies for such designation. Before revoking a designation, the director must deliver notice of intent to revoke to the landowner, stating in detail the reasons for the proposed revocation, and provide the landowner with at least 15 days to respond with evidence showing continued qualification for the designation.</content><note type="source"><p>Source Note: The provisions of this §215.35 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p12/c216"><num value="216">CHAPTER 216</num><heading>RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t4/p12/c216/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.1"><num value="216.1">§216.1</num><heading>Purpose and Scope</heading><content>(a) Purpose. This chapter establishes procedures for the administration of the Rural Volunteer Fire Department Assistance Program as authorized by §614.106 of the Texas Government Code.(b) Scope.(1) This chapter shall govern the agency's award of available grant funds to eligible fire department recipients.(2) This chapter shall not be construed to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the Texas A&M Forest Service, or the substantive rights of any person.(3) To the extent any provision of this chapter is in conflict with any statute, the statute shall control.</content><note type="source"><p>Source Note: The provisions of this §216.1 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective March 20, 2023, 48 TexReg 1554.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.2"><num value="216.2">§216.2</num><heading>Definitions</heading><content>The following terms, when used in this chapter, shall have the following meanings unless the context or specific language of a section clearly indicates otherwise.(1) Agency--The Texas A&M Forest Service, a member of The Texas A&M University System and an agency of the State of Texas.(2) Recognized Fire Department--A fire department chartered by the Texas Secretary of State as a not-for-profit entity or a fire department operating under a local government entity.(3) Part-Paid Fire Department--Defined in §614.101(5) of the Texas Government Code.(4) Program--The Rural Volunteer Fire Department Assistance Program, Texas Government Code, Chapter 614, Subchapter G.(5) TIFMAS Grants--Grants for firefighter training and equipment for fire departments not eligible for VFD Assistance grants.(6) VFD Assistance Grants--Grants for firefighter training and equipment for volunteer fire departments (VFDs).(7) Volunteer Fire Department--Defined in §614.101(6) of the Texas Government Code.(8) Operating--A recognized fire department providing fire protection to a designated primary protection area as assigned by the county.</content><note type="source"><p>Source Note: The provisions of this §216.2 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective October 2, 2016, 41 TexReg 7479; amended to be effective March 20, 2023, 48 TexReg 1554.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.3"><num value="216.3">§216.3</num><heading>Fire Department Eligibility</heading><content>The following eligibility criteria must be met for a fire department to receive a grant under the program.(1) TIFMAS Grants.(A) The fire department must be in one of the eligible categories listed in §614.105(c) of the Texas Government Code.(B) The fire department must be located in and operate in Texas.(C) The fire department must be in good standing with the State of Texas and the agency.(D) The fire department must not be eligible to receive VFD Assistance Grants.(2) VFD Assistance Grants.(A) The fire department must be a part-paid fire department or a volunteer fire department, as defined in §614.101 of the Texas Government Code.(B) The fire department must be a recognized fire department located in and operating in Texas.(C) The fire department must be in good standing with the State of Texas and the agency.</content><note type="source"><p>Source Note: The provisions of this §216.3 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective October 2, 2016, 41 TexReg 7479.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.4"><num value="216.4">§216.4</num><heading>Application Requirements</heading><content>The following requirements must be met before the agency will consider an application under the program.(1) TIFMAS Grants.(A) Applications for assistance must be for equipment or training that complies with agency-published standards, specifications, and limitations.(B) All applications for assistance must be submitted on the required grant application form published by the agency or on the agency's online application system.(C) Applications must be complete, and all required information must be provided to the agency by the published due date. Incomplete applications are not considered.(D) An applicant must provide any supplemental information requested by the agency on or before the requested due date. An application is not complete until the requested information is received by the agency.(2) VFD Assistance Grants.(A) Applications for assistance must be for equipment or training that complies with agency-published standards, specifications, and limitations.(B) All applications for assistance must be submitted on the required grant application form published by the agency or on the agency's online application system.(C) Applications must be complete, and all required information must be provided to the agency by the published due date. Incomplete applications are not considered.(D) An applicant must provide any supplemental information requested by the agency on or before the requested due date. An application is not complete until the requested information is received by the agency.</content><note type="source"><p>Source Note: The provisions of this §216.4 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective March 20, 2023, 48 TexReg 1554.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.5"><num value="216.5">§216.5</num><heading>Award Criteria</heading><content>The following criteria are used by the agency to determine eligibility for grant awards.(1) TIFMAS Grants.(A) When determining eligibility for a part-paid fire department, a part-time paid position is counted as one-half of a full-time paid position.(B) Applications for assistance for trucks and other equipment are rated based upon a standardized numeric system that considers the following factors: total number of TIFMAS qualified personnel, past statewide deployments, department reporting to TXFIRS and FireConnect, and number of firefighters holding Strike Team Engine (STEN), Engine Boss (ENGB), and Firefighter Type 1/Incident Commander Type 5 (FF1/ICT5) qualifications.(C) The agency may limit the maximum amount of grant funds a fire department can receive per year to ensure a wider distribution of the funds.(2) VFD Assistance Grants.(A) When determining eligibility for a part-paid fire department:(i) A paid position includes any combination of paid fire, EMS, administrative and support staff employed by a fire department or other entity of local government to fulfill an emergency service or supporting function.(ii) A part-time paid position is counted as one-half of a full-time paid position.(B) Applications for assistance are rated based upon a standardized numeric system that considers the following factors: years in existence, size of the primary protection area, population of the primary protection area, distance to the nearest viable mutual aid department, age of the application and wildfire risk. For apparatus grants, the current age of apparatus to be replaced with grant funded apparatus will be considered.(C) The agency may award vehicle and equipment grants to eligible fire departments to assist in meeting matching requirements for federal grants. Applications for federal grant matching assistance are rated upon a standardized numeric system that considers the following factors: size of the department, annual budget and source of revenue and the amount the department would benefit from the grant.(D) The agency may limit the maximum amount of grant funds a fire department can receive per year to ensure a wider distribution of the funds.</content><note type="source"><p>Source Note: The provisions of this §216.5 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective November 10, 2019, 44 TexReg 6519; amended to be effective March 20, 2023, 48 TexReg 1554.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.6"><num value="216.6">§216.6</num><heading>Award Process</heading><content>The following procedures are used by the agency to award available grant funds.(1) TIFMAS Grants.(A) Available grant funding is allocated to each grant category annually by the agency.(B) Training grants are funded upon receipt of complete applications until available funding is exhausted.(C) Truck grants are handled as follows.(i) Applications are assigned a numeric rating and sorted in numerical order.(ii) The agency holds periodic meetings throughout each fiscal year to approve grant awards. The date, time and location for each meeting are published on the agency's website at least two weeks prior to the meeting. The meetings are open to the public.(iii) Grant awards are based upon the application ratings and the date the applications were received, subject to funding limitations.(iv) Fire departments that have outstanding issues with the State of Texas or the agency will not be considered for new grant awards until the issues are resolved.(v) The agency's approval of applications for award during a public meeting is preliminary, contingent upon a final review of each application for eligibility, errors, duplications, and program compliance. Approvals are withdrawn in the event of an error or disqualifying condition. Following the final review, a grant award letter is sent to each approved grant recipient.(vi) Grant awards have a specified termination date by which the recipient must complete its obligations and submit the necessary documentation to the agency for processing.(vii) Applications not approved for funding are kept on file and considered during subsequent funding meetings.(viii) The agency may award emergency grants to eligible fire departments that have suffered a catastrophic loss. A catastrophic loss is a sudden and unexpected event which seriously compromises the firefighting capability of an eligible fire department and which puts the local community at risk. Emergency grant awards are based on a department's application, agency assessment of impact and availability of program funds.(D) Other equipment grants are handled as follows.(i) Funds are divided by geographic branch, based upon the number of fire departments per branch, to establish target fund allocations. Allocations by branch may be adjusted by the agency based on the applications received.(ii) The agency holds periodic meetings throughout each fiscal year to approve grant awards. The date, time and location for each meeting are published on the agency's website at least two weeks prior to the meeting. The meetings are open to the public.(iii) Grant awards are based upon the application ratings, the date each application was received, the number and type of unfunded applications on file and the amount of funds available.(iv) Fire departments that have outstanding issues with the State of Texas or the agency are not considered for new grant awards until the issues are resolved.(v) The agency's approval of applications for award during a public meeting is preliminary, contingent upon a final review of each application for eligibility, errors, duplications, and program compliance. Approvals are withdrawn in the event of an error or disqualifying condition. Following the final review, a grant award letter is sent to each approved grant recipient.(vi) Grant awards have a specified termination date by which the recipient must complete its obligations and submit the necessary documentation to the agency for processing.(vii) Applications not approved for funding are kept on file and considered during subsequent funding meetings.(viii) The agency may award emergency grants to eligible fire departments that have suffered a catastrophic loss. A catastrophic loss is a sudden and unexpected event which seriously compromises the firefighting capability of an eligible fire department and which puts the local community at risk. Emergency grant awards are based on a department's application, agency assessment of impact and availability of program funds.(2) VFD Assistance Grants.(A) Available grant funding is allocated to each grant category annually by the agency.(B) Training grants are funded upon receipt of complete applications until available funding is exhausted.(C) Firefighter Property Program slip-on units are awarded in conjunction with 1-2 ton, 2.5 ton cargo, 5 ton cargo, and tractor style apparatus awards.(D) Equipment grants are handled as follows.(i) Funds are divided by geographic region, based upon the number of fire departments per region, to establish target fund allocations. Allocations by region may be adjusted by the agency based on the applications received.(ii) The agency holds periodic meetings throughout each fiscal year to approve grant awards. The date, time and location for each meeting are published on the agency's website at least two weeks prior to the meeting. The meetings are open to the public.(iii) Grant awards are based upon the application ratings, the dates the applications were received, the number and type of unfunded applications on file and the amount of funds available. Ratings shall take into consideration the frequency, size and severity of past wildfires in the department's jurisdiction; the potential for loss or damage to property resulting from future wildfires in the department's jurisdiction; and the department's need for emergency assistance under Texas Government Code §614.103(a-1).(iv) Fire departments that have outstanding issues with the State of Texas or the agency are not considered for new grant awards until the issues are resolved.(v) The agency's approval of applications for award during a public meeting is preliminary, contingent upon a final review of each application for eligibility, errors, duplications, and program compliance. Approvals are withdrawn in the event of an error or disqualifying condition. Following the final review, a grant award letter is sent to each approved grant recipient.(vi) Grant awards have a specified termination date by which the recipient must complete its obligations and submit the necessary documentation to the agency for processing.(vii) Applications not approved for funding are kept on file and considered during subsequent funding meetings.(viii) The agency may award emergency grants to eligible fire departments that have suffered a catastrophic loss. A catastrophic loss is a sudden and unexpected event which seriously compromises the firefighting capability of an eligible fire department and which puts the local community at risk. Emergency grant awards are based on a department's application, agency assessment of impact and availability of program funds.(ix) The agency may award emergency grants, based on availability of program funds, to eligible fire departments who apply for the grant and whose equipment is damaged or lost in responding to a declared state of disaster under Texas Government Code §418.014 in an area subject to the declaration for:(I) The replacement or repair of damaged or lost personal protective equipment or other firefighting equipment; and(II) The purchase of a machine to clean personal protective equipment.</content><note type="source"><p>Source Note: The provisions of this §216.6 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective October 2, 2016, 41 TexReg 7479; amended to be effective November 10, 2019, 44 TexReg 6519; amended to be effective March 20, 2023, 48 TexReg 1554.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.7"><num value="216.7">§216.7</num><heading>Requirements of Grant Recipients</heading><content>(a) TIFMAS Grants.(1) Recipients of TIFMAS truck grants must commit resources to respond to TIFMAS requests. Formalization of this commitment is contained in the grant award document.(2) All other grant awards are paid on a reimbursement basis to the grant recipient. Documentation supporting allowable expenses is required prior to payment.(3) Grant recipients must meet the matching requirements published and identified in grant award letters.(4) Equipment acquired by recipients of equipment grants must meet the agency's published standards and specifications.(5) Recipients of training grants are required to take agency-approved courses in order to be eligible for payment.(6) Equipment purchased is subject to agency inspection prior to grant payment.(b) VFD Assistance Grants.(1) All grant awards are paid on a reimbursement basis to the grant recipient. Documentation supporting allowable expenses is required prior to payment.(2) Grant recipients must meet the matching requirements published and identified in grant award letters.(3) Equipment acquired by recipients of equipment grants must meet the agency's published standards and specifications.(4) Recipients of training grants are required to take agency-approved courses in order to be eligible for payment.(5) Equipment purchased is subject to agency inspection prior to grant payment.</content><note type="source"><p>Source Note: The provisions of this §216.7 adopted to be effective September 1, 2012, 37 TexReg 6537.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.8"><num value="216.8">§216.8</num><heading>Failure to Comply with Grant Requirements</heading><content>(a) TIFMAS Grants.(1) Failure to respond to TIFMAS requests may result in the agency's removing the TIFMAS truck from the recipient fire department and assigning it to another fire department.(2) Failure to provide the necessary documentation to support payment of other grant awards within the specified grant period will result in cancellation of the award. Extensions must be requested by the fire department and approved in writing by the agency.(3) Failure to comply with grant requirements may result in ineligibility for future grants.(b) VFD Assistance Grants.(1) Failure to provide the necessary documentation to support payment of the grant award within the specified grant period will result in cancellation of the award. Extensions must be requested by the fire department and approved in writing by the agency.(2) Failure to comply with grant requirements may result in ineligibility for future grants.</content><note type="source"><p>Source Note: The provisions of this §216.8 adopted to be effective September 1, 2012, 37 TexReg 6537.</p></note></section><section identifier="/us/state/tx/tac/t4/p12/c216/sc/s216.9"><num value="216.9">§216.9</num><heading>Program Forms and Procedures</heading><content>Application forms and procedures are published on the agency's website or on the agency's online application system.</content><note type="source"><p>Source Note: The provisions of this §216.9 adopted to be effective September 1, 2012, 37 TexReg 6537; amended to be effective March 20, 2023, 48 TexReg 1554.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t4/p13"><num value="13">PART 13</num><heading>PRESCRIBED BURNING BOARD</heading><chapter identifier="/us/state/tx/tac/t4/p13/c225"><num value="225">CHAPTER 225</num><heading>GENERAL PROVISIONS</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c225/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c225/sc/s225.1"><num value="225.1">§225.1</num><heading>Definitions</heading><content>The following words and terms, when used in Title 4, Part 13 of the Texas Administrative Code, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--Prescribed Burning Board.(2) Burn Boss--Individual responsible for the direct application of prescribed fire to a burn unit as detailed in a written prescribed burn plan.(3) Certified and Insured Prescribed Burn Manager--A person with ultimate authority and responsibility for a prescribed burn, and liability insurance coverage as required by §227.1 of this title (relating to Minimum Insurance Requirements), who has been certified by the Board.(4) CFT--Continuing Fire Training.(5) Department--The Texas Department of Agriculture.(6) Governmental Unit--A state agency, local government, or an entity acting on behalf of a state agency or institution or local government, as defined by §2259.001 of the Texas Government Code.(7) Lead Burn Instructor--An individual who provides leadership and coordination in the conduct of a board-approved certified and insured prescribed burn manager course and has authority to select all instructors.(8) Local Government--A municipality or other political subdivision of this state or a combination of political subdivisions, including a combination created under Chapter 791 of the Texas Government Code.(9) NWCG--National Wildfire Coordinating Group.(10) Prescribed Burning--The controlled application of fire to fuels under specified environmental conditions in accordance with a written prescribed burn plan.(11) Prescribed Burning Organization--An entity established for the purpose of promoting the use of prescribed burning as a tool for land management, including an entity established to represent interests of persons involved in land conservation and/or land management.(12) Sponsor--An entity approved to conduct continuing training activities used to meet continuing fire training requirements.(13) Structures containing sensitive receptors--A man-made structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term "man-made structure" does not include such things as range fences, roads, bridges, hunting blinds or facilities used solely for the storage of hay or other livestock feeds. The term "sensitive live vegetation" is defined as vegetation which has potential to be damaged by smoke and heat, examples of which include, but are not limited to: nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.(14) TFS--Texas A&M Forest Service.(15) TCEQ--Texas Commission on Environmental Quality.</content><note type="source"><p>Source Note: The provisions of this §225.1 adopted to be effective March 30, 2014, 39 TexReg 2275; amended to be effective September 24, 2018, 43 TexReg 6241; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c225/sc/s225.2"><num value="225.2">§225.2</num><heading>Categories of Certification</heading><content>Certified and insured prescribed burn managers may be certified in one of the following categories:(1) Commercial Certified and Insured Prescribed Burn Manager. A commercial certified and insured prescribed burn manager may conduct prescribed burns for hire on any property allowed by his or her certification, including that of his or her employer.(2) Private Certified and Insured Prescribed Burn Manager. A private certified and insured prescribed burn manager conducts prescribed burns on property owned by, leased by, or occupied by the private certified and insured prescribed burn manager or that person's employer. An employee qualifies as a private certified and insured prescribed burn manager if he or she is employed to perform duties related to the operation and conducts prescribed burning activities but does not provide the necessary equipment.(3) Not-for-Profit Certified and Insured Prescribed Burn Manager. A not-for-profit certified and insured prescribed burn manager conducts prescribed burns on property owned or leased by a prescribed burning organization or on property owned or leased by a person who is a member of a prescribed burning organization. For purposes of this section, a prescribed burning organization must be an association, cooperative, or organization legally formed and authorized under Texas law, or a domestic entity legally formed under the Texas Business Organizations Code, and must:(A) hold a certificate of account status from the Texas Comptroller of Public Accounts reflecting that the association, cooperative, organization, or domestic entity is current in paying all franchise taxes due under Texas law, or provide appropriate documentation, issued by the Texas Comptroller of Public Accounts, or in a form approved by the Board, that the association, cooperative, organization, or domestic entity is exempt from the payment of franchise taxes under Texas law;(B) have its registered office and principal place of business in the State of Texas; and(C) provide, as one of the primary purposes of the organization, education and training to its members or shareholders regarding the safe and effective use of prescribed burning within the State of Texas as an agricultural, ranching, and land management practice, or provide education and other resources to its member or shareholders regarding land conservation and management.(4) Governmental Certified and Insured Prescribed Burn Manager. A certified and insured prescribed burn manager employed by and acting on behalf of a government unit must apply for certification to act as a certified and insured prescribed burn manager as an authorized employee of a governmental unit. A governmental certified and insured prescribed burn manager is limited to conducting prescribed burns on property owned, leased, or controlled by the governmental unit while acting in the course and scope of his or her duties as an employee of the governmental unit.</content><note type="source"><p>Source Note: The provisions of this §225.2 adopted to be effective March 30, 2014, 39 TexReg 2275; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c225/sc/s225.3"><num value="225.3">§225.3</num><heading>Minimum Standards for Prescribed Burning</heading><content>The prescribed burning standards established by the Board represent the minimum requirements for conducting prescribed burning in the state of Texas as a certified and insured prescribed burn manager. These standards are established to ensure that every reasonable precaution is taken to prevent prescribed burns from escaping the perimeter of the burn area and to minimize the effects of smoke emissions as outlined in the written prescribed burn plan. The standards do not, and are not intended to, preempt or supersede requirements established by state, federal, or private natural resource management organizations, but rather, are intended to serve as a baseline for effectively planning and conducting prescribed burns as a certified and insured prescribed burn manager.</content><note type="source"><p>Source Note: The provisions of this §225.3 adopted to be effective March 30, 2014, 39 TexReg 2275; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c225/sc/s225.4"><num value="225.4">§225.4</num><heading>Duty to Report</heading><content>(a) A certified and insured prescribed burn manager or applicant must:(1) timely respond to all requests for information from the Board regarding an application, renewal, insurance, or prescribed burning activities conducted by the certified and insured prescribed burn manager; and(2) notify the Department of any change in personal information.(b) If a certified and insured prescribed burn manager fails to timely report the information as required by subsection (a) of this section, a certified and insured prescribed burn manager is subject to administrative sanctions as set forth in §§153.102 - 153.104 of the Natural Resources Code, including the enforcement rules and schedule of disciplinary sanctions adopted by the Department.(c) Failure to provide information required in this section may be grounds for denial of an application or may result in the suspension or revocation of a certification.</content><note type="source"><p>Source Note: The provisions of this §225.4 adopted to be effective March 30, 2014, 39 TexReg 2275; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c225/sc/s225.5"><num value="225.5">§225.5</num><heading>Public Information Act</heading><content>All information submitted to the Board under this title is subject to the Public Information Act (PIA), Chapter 552, Texas Government Code, and may be disclosed to the public upon written request submitted to the Board or the Department. Applications for certification and renewal, including submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies.</content><note type="source"><p>Source Note: The provisions of this §225.5 adopted to be effective March 30, 2014, 39 TexReg 2275.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p13/c226"><num value="226">CHAPTER 226</num><heading>REQUIREMENTS FOR CERTIFICATION BY THE BOARD</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c226/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.1"><num value="226.1">§226.1</num><heading>Application for Certification</heading><content>(a) To be eligible for certification as a certified and insured prescribed burn manager, an individual must submit the following to the Department:(1) a signed application on a form prescribed by the Board;(2) documentation of experience, as set forth in §226.3 of this title (relating to Experience);(3) documentation of training, as set forth in §226.4 of this title (relating to Training);(4) the required fee, set forth in §226.5 of this title (relating to Fees); and(5) proof of insurance coverage that meets the minimum requirements of §227.1 of this title (relating to Minimum Insurance Requirements).(b) In accord with §2.1 of this title (relating to Application for a License), an incomplete application for certification shall become void on the one-year anniversary of the submission of the incomplete application and an applicant will be required to resubmit the application. This action is not a denial of a license for any purpose under the Texas Government Code, the Texas Agriculture Code, or these rules.</content><note type="source"><p>Source Note: The provisions of this §226.1 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective March 29, 2022, 47 TexReg 1617; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.2"><num value="226.2">§226.2</num><heading>Term of Certification</heading><content>A certification shall be effective for a period of two years.</content><note type="source"><p>Source Note: The provisions of this §226.2 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.3"><num value="226.3">§226.3</num><heading>Experience</heading><content>To become a certified and insured prescribed burn manager, an applicant must:(1) demonstrate the following minimum level of experience:(A) a minimum of three years' experience of prescribed burning;(B) a minimum of thirty days' experience conducting prescribed burns; and(C) a minimum of five days' experience as the individual responsible for all aspects of the prescribed burn; or(2) submit documentation of achievement of NWCG Prescribed Burn Boss Type 2 (RXB2).</content><note type="source"><p>Source Note: The provisions of this §226.3 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective August 31, 2015, 40 TexReg 5456; amended to be effective March 29, 2016, 41 TexReg 2315; amended to be effective March 29, 2022, 47 TexReg 1617; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.4"><num value="226.4">§226.4</num><heading>Training</heading><content>(a) To be eligible for certification as a certified and insured prescribed burn manager, an applicant must successfully complete the certified and insured prescribed burn manager training course approved by the Board. Required course fees are the responsibility of the applicant and must be paid directly to the sponsor providing the training.(b) All training required by the Board shall be designed to cover the information necessary for an applicant to demonstrate competency to conduct and supervise a prescribed burn in a safe and effective manner.(c) Minimum training curriculum shall include materials approved by the Board.</content><note type="source"><p>Source Note: The provisions of this §226.4 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective September 24, 2018, 43 TexReg 6241; amended to be effective March 29, 2022, 47 TexReg 1617.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.5"><num value="226.5">§226.5</num><heading>Fees</heading><content>(a) All applications for certification or renewal must be accompanied with the certification fee determined by the Department.(b) Fees will not be refunded for denied applications.(c) Renewal fees submitted after the expiration date of the certification are subject to late fees prescribed in §12.024 of the Texas Agriculture Code.</content><note type="source"><p>Source Note: The provisions of this §226.5 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.6"><num value="226.6">§226.6</num><heading>Renewal of Certification</heading><content>(a) The Department will send notice to certified and insured prescribed burn managers at least 30 days prior to the expiration of a certification to the last known contact information provided.(b) To be eligible for certification renewal, a certified and insured prescribed burn manager must submit the following to the Department:(1) the certification renewal fee;(2) certification of six CFT hours for the two-year period preceding the renewal in the following categories of instruction:(A) one hour of instruction dedicated to laws and regulations;(B) one hour of instruction dedicated to smoke management; and(C) four hours of instruction in any additional topics as listed in §229.2 and §229.3 of this title (relating to Wildland Firefighting and Approval of Continuing Fire Training Activity); and(3) proof of liability insurance coverage.(c) If a prescribed burn manager seeking renewal under this section fails to meet the CFT requirements, the application for renewal will not be approved until the applicant can demonstrate attainment of the minimum number of CFT hours.(d) A certified and insured prescribed burn manager may file a written request for an extension of time for compliance with any deadline in these rules. Such request for extension may be granted by the Board or the Department if the applicant files appropriate documentation to show good cause for failure to comply timely with the requirements of this subsection. Good cause includes extended illness, extended medical disability, or other extraordinary hardship which is beyond the control of the certified and insured prescribed burn manager.(e) A certified and insured prescribed burn manager who fails to satisfy all requirements necessary for certification within one year following the expiration of the certification must submit a new application for certification as described in §226.4 of this chapter (relating to Training).</content><note type="source"><p>Source Note: The provisions of this §226.6 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective September 24, 2018, 43 TexReg 6241; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c226/sc/s226.7"><num value="226.7">§226.7</num><heading>Reciprocity of Certification</heading><content>Applicants seeking reciprocity in certification must submit an application, including fee, demonstrating that the applicant:(1) meets the training and experience requirements of this chapter; and(2) meets insurance coverage requirements set forth in §227.1 of this title (relating to Minimum Insurance Requirements).</content><note type="source"><p>Source Note: The provisions of this §226.7 adopted to be effective March 30, 2014, 39 TexReg 2227; amended to be effective May 25, 2023, 48 TexReg 2568.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p13/c227"><num value="227">CHAPTER 227</num><heading>REQUIREMENTS FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c227/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c227/sc/s227.1"><num value="227.1">§227.1</num><heading>Minimum Insurance Requirements</heading><content>(a) At all times during the certification period, a certified and insured prescribed burn manager must maintain liability insurance coverage that insures the certified and insured prescribed burn manager for damages to any persons or any property occurring as a result of prescribed burning activities conducted under Natural Resources Code, Chapter 153, and the rules adopted thereunder, in the following minimum amounts:(1) at least $1 million of liability coverage for each single occurrence of bodily injury to or destruction of property; and(2) a policy period minimum aggregate limit of at least $2 million.(b) Documentation of any conditions, endorsements, exceptions or limitations to the liability insurance policy must be disclosed to the Board and the Department.(c) To demonstrate proof of coverage, a certificate of insurance from an insurance company or the declaration page including detailed policy information are considered valid documentation.(d) In lieu of a liability insurance coverage policy, a certified and insured prescribed burn manager sponsored or employed by a governmental unit may submit proof of minimum coverage requirements through a self-insurance program that meets the minimum coverage requirements of subsection (a) of this section. The governmental unit must submit:(1) a certificate of self-insurance; or(2) a letter certifying the existence of a fund or program of the governmental unit.(e) Annually, each certified and insured prescribed burn manager must submit proof of minimum coverage requirements demonstrating compliance with the requirements set forth in subsections (a) or (d) of this section.(f) A certified and insured prescribed burn manager must immediately notify the Department in writing in the event of a change, reduction, lapse, or cancellation of liability insurance coverage. If liability insurance coverage lapses or falls below the minimum requirements set forth in subsection (a) of this section, the certification may be suspended or revoked.</content><note type="source"><p>Source Note: The provisions of this §227.1 adopted to be effective March 30, 2014, 39 TexReg 2279; amended to be effective May 25, 2023, 48 TexReg 2569.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c227/sc/s227.4"><num value="227.4">§227.4</num><heading>Maintenance of Prescribed Burn Records</heading><content>(a) A certified and insured prescribed burn manager must maintain the following records:(1) a current certificate of insurance that meets the requirements of §153.082 of the Natural Resources Code and §227.1 of this title (relating to Minimum Insurance Requirements), together with a complete copy of any applicable policy or policies, along with all endorsements, exclusions or limitations issued with respect to such policy or policies;(2) the current certified and insured prescribed burn manager certificate; and(3) certificates of completion for all approved CFT hours completed during the current certification period, on a form provided by the sponsor.(b) A certified and insured prescribed burn manager must also maintain a prescribed burn file for each prescribed burn conducted which must include:(1) the written burn plan that meets the requirements of §228.1 of this title (relating to Written Prescribed Burn Plan Required);(2) documentation of notice to adjacent landowners and TCEQ, if required by §153.047(4) of the Natural Resources Code and §228.2 of this title (relating to Notification Requirements Prior to Prescribed Burns);(3) documentation of notice to the county dispatch office and Texas A&M Forest Service, as required by §228.2 of this title;(4) documentation of notice to TCEQ regarding coastal salt-marsh burning, if required by, as required by Title 30, Part 1, Chapter 111, Subchapter B, §111.211 of the Texas Administrative Code (relating to Exception for Prescribed Burn); and(5) notices, when applicable, required by §228.4 of this title (relating to Conducting Burns During a Burn Ban).(c) The records required by subsections (a) and (b) of this section shall be made available to the Department for inspection at the location of such records upon reasonable notice by the Department.(d) Records required by subsections (a) and (b) of this section shall be kept for the longer of five years from the date of original issuance, or for so long as any complaint, litigation, or Department investigation is pending against the certified and insured prescribed burn manager.</content><note type="source"><p>Source Note: The provisions of this §227.4 adopted to be effective March 30, 2014, 39 TexReg 2279; amended to be effective May 25, 2023, 48 TexReg 2569.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p13/c228"><num value="228">CHAPTER 228</num><heading>PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c228/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c228/sc/s228.1"><num value="228.1">§228.1</num><heading>Written Prescribed Burn Plan Required</heading><content>(a) To ensure effective planning necessary to achieve desired effects from prescribed burning, a written prescribed burn plan must be completed by the certified and insured prescribed burn manager in advance of the planned prescribed burn. The prescribed burn plan should provide reasonable assurance that the prescribed burn will be confined to the predetermined area and conducted in a manner that will accomplish the land management objectives.(b) A written prescribed burn plan must include, at a minimum, the following information:(1) purpose of burn;(2) location and description of the area to be burned;(3) personnel required for managing the fire;(4) type and amount of vegetation to be burned;(5) area (acres) to be burned;(6) fire prescription and firing techniques, including smoke management components;(7) safety and contingency plans addressing escaped fires and smoke management; and(8) a written burn/no burn checklist.</content><note type="source"><p>Source Note: The provisions of this §228.1 adopted to be effective March 30, 2014, 39 TexReg 2280; amended to be effective May 25, 2023, 48 TexReg 2569.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c228/sc/s228.2"><num value="228.2">§228.2</num><heading>Notifications Requirements Prior to Prescribed Burns</heading><content>(a) Prior to conducting prescribed burn activities, a certified and insured prescribed burn manager must:(1) provide written notification to the residents, owners, occupants or operators of structures containing sensitive receptors located within 300 feet of and in the general direction downwind from the prescribed burn;(2) upon request, provide the landowner or landowner's agent:(A) proof of insurance coverage applicable to the prescribed burn that meets the minimum requirements set forth in §227.1 of this title (relating to Minimum Insurance Requirements); and(B) proof of current prescribed burn manager certification; and(3) provide notice to the local county dispatch office and the Texas A&M Forest Service central dispatch office.(b) In addition to the TCEQ notification requirements set forth at Title 30, Chapter 111, Subchapter B of the Texas Administrative Code (relating to Outdoor Burning), the certified and insured prescribed burn manager is also responsible for compliance with additional notification requirements for prescribed burns which may vary by county, including local ordinances.</content><note type="source"><p>Source Note: The provisions of this §228.2 adopted to be effective March 30, 2014, 39 TexReg 2280; amended to be effective February 6, 2019, 44 TexReg 475; amended to be effective May 25, 2023, 48 TexReg 2569.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c228/sc/s228.3"><num value="228.3">§228.3</num><heading>Personnel Required to Conduct a Prescribed Burn</heading><content>(a) In all cases covered by these rules, a certified and insured prescribed burn manager must be present during an active prescribed burn as determined by the certified and insured prescribed burn manager.(b) The certified and insured prescribed burn manager is responsible for ensuring that a sufficient number of individuals are present to meet the personnel requirements set forth in the written prescribed burn plan for the protection and safety of persons and adjacent property.</content><note type="source"><p>Source Note: The provisions of this §228.3 adopted to be effective March 30, 2014, 39 TexReg 2280; amended to be effective May 25, 2023, 48 TexReg 2569.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c228/sc/s228.4"><num value="228.4">§228.4</num><heading>Conducting Burns During a Burn Ban</heading><content>(a) A certified and insured prescribed burn manager may not conduct a burn in a county in which a current Governor's and/or Presidential Declaration of Emergency or Disaster is in effect that expressly prohibits all outdoor burning.(b) The certified and insured prescribed burn manager must provide written notification to the county judge, or the county judge's designee, prior to the prescribed burn. The written notification must include the following:(1) the location of where the prescribed burn is to take place;(2) the name of the certified and insured prescribed burn manager; and(3) contact information for the certified and insured prescribed burn manager, including, but not limited to: address and emergency contact telephone numbers.(c) The certified and insured prescribed burn manager must also provide notification prior to and upon completion of the burn to:(1) the local county dispatch office; and(2) the Texas A&M Forest Service central dispatch office.</content><note type="source"><p>Source Note: The provisions of this §228.4 adopted to be effective March 30, 2014, 39 TexReg 2280; amended to be effective March 29, 2022, 47 TexReg 1618; amended to be effective May 25, 2023, 48 TexReg 2569.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p13/c229"><num value="229">CHAPTER 229</num><heading>CONTINUING FIRE TRAINING</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c229/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c229/sc/s229.1"><num value="229.1">§229.1</num><heading>Eligible Continuing Fire Training Activities</heading><content>(a) Eligible continuing fire training activities may include:(1) lectures;(2) panel discussions;(3) organized video or film with live instruction;(4) field demonstrations;(5) wildland firefighting as provided by §229.2 of this chapter (relating to Wildland Firefighting); and/or(6) other activities approved by the Board.(b) The Board shall assign no more than one CFT hour for each hour of actual instruction time at an approved activity. No CFT hours will be given for time used to promote the sponsor or other activities of the sponsor or for time used for organizational, political, or other unrelated activities.(c) All proposed CFT training, courses, and hours must be pre-approved by the Board, Board Chairman, or a Lead Burn Instructor provided that all requirements for course content provided in §229.3 of this title (relating to Approval of Continuing Fire Training Activity) are met.(d) Department staff and Board members may observe and monitor approved activities at no cost to the Department or the Board.</content><note type="source"><p>Source Note: The provisions of this §229.1 adopted to be effective March 30, 2014, 39 TexReg 2281; amended to be effective September 18, 2016, 41 TexReg 7076; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c229/sc/s229.2"><num value="229.2">§229.2</num><heading>Wildland Firefighting</heading><content>(a) Wildland firefighting is an eligible activity that may satisfy CFT requirements. To receive CFT hours for wildland firefighting, the certified and insured prescribed burn manager must:(1) be under the direction of a responsive organization that manages wildland fires which create a substantial risk of causing imminent harm to nearby property or persons;(2) have been a requested resource assigned to a firefighting position upon check in;(3) provide the incident commander with an Incident Personnel Performance Rating form upon assignment to be completed for documentation of the individual's performance; and(4) submit an Incident Personnel Performance Rating form to a lead burn instructor or the Board for review.(b) CFT hours for wildland firefighting activities may not exceed three hours per two-year certification period.(c) Final approval of wildland firefighting activities by the Board is required to be eligible for CFT hours.</content><note type="source"><p>Source Note: The provisions of this §229.2 adopted to be effective March 30, 2014, 39 TexReg 2281; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c229/sc/s229.3"><num value="229.3">§229.3</num><heading>Approval of Continuing Fire Training Activity</heading><content>(a) For a training activity to be approved as eligible for CFT hours, the activity must be submitted to the Board, Board Chairman, or a Lead Burn Instructor for approval.(b) To be approved a sponsor must:(1) demonstrate that the CFT activity was conducted by a qualified instructor;(2) provide information demonstrating that the activity has significant educational or practical content to ensure competency of participants;(3) utilize a Board-approved record keeping procedure to record attendance;(4) in addition to the requirements in §226.6 of this title (relating to Renewal of Certification), demonstrate that all CFT activities relate to prescribed burning and will cover one or more of the following topics:(A) safety factors;(B) environmental consequences;(C) burning techniques;(D) equipment characteristics;(E) advanced technology; or(F) other.(c) All CFT activities must comply with applicable federal and state laws, including the Americans with Disabilities Act requirements for access to activities.(d) The Board, Board Chairman, or a Lead Burn Instructor will respond within 10 business days of receipt of the application and approve, deny, or request additional information from the sponsor.(e) Approval of CFT activities is valid for twelve months from the date of approval.</content><note type="source"><p>Source Note: The provisions of this §229.3 adopted to be effective March 30, 2014, 39 TexReg 2281; amended to be effective September 18, 2016, 41 TexReg 7076; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c229/sc/s229.4"><num value="229.4">§229.4</num><heading>Requirements for Training Activity Sponsors</heading><content>(a) A university, governmental agency, an association, a private business, or other entity may be approved by the Board, Board Chair, or a Lead Burn Instructor as a sponsor for a prescribed burn training activity. To be eligible to sponsor a CFT training activity, a sponsor must submit a written proposal to the Board, Board Chair, or a Lead Burn Instructor which includes a detailed list of the subjects to be covered and the planned activities.(b) Sponsors approved to conduct CFT activities must:(1) upon completion of the activity, submit a roster to the Department which contains, at a minimum:(A) the names of the certified and insured prescribed burn managers participating; and(B) the certificate number of the certified and insured prescribed burn managers participating;(2) ensure that the training hours awarded correspond proportionately to the net instruction time; and(3) distribute a certificate of completion and a completed PBB Form 607 on the date of the activity. A certificate of completion includes, but is not limited to:(A) the name of the sponsor;(B) the name of the lead burn instructor;(C) the lead burn instructor's phone number;(D) the date and name of the approved activity;(E) the name of the county in which the approved activity was held; and(F) the number of CFT hours and type of hours earned.(c) The Board may suspend or deny approval for any or all sponsored training courses if a sponsor fails to file a timely activity report, fails to provide the quality of activity required by the Board, or fails to comply with any other requirements for approval or that are a part of these rules.</content><note type="source"><p>Source Note: The provisions of this §229.4 adopted to be effective March 30, 2014, 39 TexReg 2281; amended to be effective September 24, 2018, 43 TexReg 6241; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p13/c230"><num value="230">CHAPTER 230</num><heading>LEAD BURN INSTRUCTOR REQUIREMENTS</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c230/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c230/sc/s230.1"><num value="230.1">§230.1</num><heading>Lead Burn Instructor Eligibility</heading><content>(a) A lead burn instructor must conduct an approved CFT course, but may utilize assistance from a training cadre, as the lead burn instructor deems appropriate.(b) In order to be eligible to conduct a CFT course, a lead burn instructor must have:(1) a minimum of fifty days' experience conducting prescribed burns;(2) a minimum of twenty-five days' experience conducting prescribed burns as a burn boss or the individual solely responsible for the prescribed burn;(3) taken or taught a Board approved certified and insured prescribed burn manger course or be qualified as a NWCG Prescribed Burn Boss Type 2 (RXB2) or higher; and(4) made at least 10 presentations of technical information to groups in a formal setting.(c) Lead burn instructors must be approved by the Board.</content><note type="source"><p>Source Note: The provisions of this §230.1 adopted to be effective September 24, 2018, 43 TexReg 6242; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c230/sc/s230.2"><num value="230.2">§230.2</num><heading>Annual Lead Burn Instructor Meeting</heading><content>(a) In order to maintain approval as a lead burn instructor, a lead burn instructor must attend an annual meeting designated by the Board for the purpose of continuing education, to be held in conjunction with, but separately from, a regularly scheduled meeting of the Board.(b) Lead burn instructors that do not attend the annual meeting will no longer qualify to be a lead burn instructor, unless the absence is excused by a majority vote of the Board.</content><note type="source"><p>Source Note: The provisions of this §230.2 adopted to be effective September 24, 2018, 43 TexReg 6242; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c230/sc/s230.3"><num value="230.3">§230.3</num><heading>Certification and Curriculum</heading><content>(a) All curriculum taught during a certified and insured prescribed burn manager training course shall be approved by the Board.(b) The minimum curriculum hours for each certified and insured prescribed burn manager training course shall be at least 24 hours, with the total class length at the discretion of the lead burn instructor conducting the course.(c) Recommended curriculum topics include:(1) Fire History and Use; Ecological Effects;(2) Fire Behavior;(3) Fire Weather;(4) Fuel Moisture/Characteristics;(5) Topographic Influences;(6) Fire Effects;(7) Prescribed Burn Planning;(8) Equipment and Safety;(9) Firing Technique;(10) Smoke Management;(11) Laws and Regulations;(12) Evaluation of Pre-burn Area(s);(13) Evaluation of Fuels;(14) Holding and Contingency; and(15) Post Burn Evaluation.</content><note type="source"><p>Source Note: The provisions of this §230.3 adopted to be effective September 24, 2018, 43 TexReg 6242; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section><section identifier="/us/state/tx/tac/t4/p13/c230/sc/s230.4"><num value="230.4">§230.4</num><heading>Standardized Test</heading><content>(a) A standardized test, to be administered to all applicants seeking status as a certified and insured prescribed burn manager shall be:(1) developed and approved by the Board, or, at the discretion of the Board, a member designated by the Board; and(2) reviewed annually by lead burn instructors at the annual lead burn instructor meeting to make sure all examination instructions, questions and tasks are up to date and cover all required curriculum.(b) A minimum passing grade for the standardized test will be 70%.</content><note type="source"><p>Source Note: The provisions of this §230.4 adopted to be effective September 24, 2018, 43 TexReg 6242; amended to be effective May 25, 2023, 48 TexReg 2570.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t4/p13/c231"><num value="231">CHAPTER 231</num><heading>SCHEDULE OF DISCIPLINARY SANCTIONS</heading><subchapter identifier="/us/state/tx/tac/t4/p13/c231/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t4/p13/c231/sc/s231.1"><num value="231.1">§231.1</num><heading>Schedule of Disciplinary Sanctions</heading><content>Pursuant to §153.102(b) of the Texas Natural Resources Code, the Board has established the following schedule of disciplinary sanctions for violations of Chapter 153, Texas Natural Resources Code, and the rules adopted thereunder:Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §231.1 adopted to be effective November 13, 2023, 48 TexReg 6583.</p></note></section></subchapter></chapter></part>