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Texas Agriculture Code - Chapter 71 General ControlLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 71 General Control Sponsored LinksIf the department determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area ... If the department determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state, ... (a) If the department determines that an insect pest or plant disease of general distribution in this state does not exist in an area, the ... (a) The department may establish an emergency quarantine without notice and public hearing if the department determines that a public emergency exists in which there ... (a) Except as provided by Subsection (b) of this section, the department shall prevent the movement, from a quarantined area into an unquarantined area or ... (a) Before quarantining an area under Section 71.001, 71.002, or 71.003 of this code, the chief entomologist of the department and, if appointed, one or ... In addition to other rules necessary for the protection of agricultural and horticultural interests, the department may adopt rules that: (1) prevent the selling, moving, ... (a) On request of the commissioners court of any county, the department shall investigate whether a certain insect pest or plant disease exists in the ... (a) If the department establishes a quarantine or, without establishing a quarantine, determines that there is a likelihood of introduction or dissemination of an insect ... (a) In addition to vehicle inspections authorized under Section 71.0081, the department and the Texas Animal Health Commission, under the direction of the department, shall ... (a) The department shall seize any plant, plant product, or substance that it determines: (1) is transported or carried from a quarantined area in violation ... (a) The department may seize a citrus plant, citrus plant product, or citrus substance that the department determines: (1) is transported or carried from a ... (a) In this section, "quarantined article" means: (1) a plant, plant product, substance, or other item capable of hosting or facilitating the dissemination of an ... (a) A person who is aggrieved and will be injured by a quarantine or whose property is to be destroyed by order of the department ... The Department of Public Safety shall cooperate with the department in conducting inspections and enforcing the provisions of this subchapter. Added by Acts 1981, 67th ... A carrier, including a railway, steamship, motorboat, bus, or truck, is not liable to a consignor or consignee for damages for refusing to receive and ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... (a) A person commits an offense if, in violation of a rule adopted under Section 71.007 or 71.0081 of this code, the person: (1) sells, ... In this subchapter: (1) "Florist" means a person who maintains, grows, raises, or buys and offers for sale or lease for profit florist items. (2) ... The department shall enforce this subchapter and may adopt rules as necessary for the immunity and protection of plants from diseases and insect pests, including ... (a) A florist or nursery owner must register with the department under this section each nursery, greenhouse, orchard, garden, or other place growing for sale ... (a) At least once every three years the department shall inspect each nursery, greenhouse, orchard, garden, florist, nursery stock weather protection unit, or other place ... (a) If the department determines that any nursery product, florist item, or premises are diseased or pest infested, the department shall take action necessary to ... (a) The owner, manager, or person in charge of the nursery product, florist item, or premises is liable for all expenses of treatment or destruction ... (a) A person who is aggrieved by an order or notice of the department or whose property is to be destroyed under an order or ... (a) If the court decides against the appealing party under Section 71.048 of this code or if a party fails to perfect an appeal, the ... (a) Nursery products or florist items offered for sale or lease, consigned for shipment, or shipped by freight, express, or other means of transportation shall ... (a) Except as otherwise provided by department rule, a person may not ship a nursery product or florist item into this state without first obtaining ... (a) The department shall inspect shipments of nursery products or florist items in this state to determine if the shipments are accompanied by the tags ... (a) A transportation company or common carrier is not liable for damages to a consignee or consignor for refusing to receive for transportation or refusing ... The department may revoke a certificate issued under this subchapter if it finds that the person to whom the certificate was issued: (1) made a ... (a) The department shall fix by rule and collect a fee for inspection of nursery products or florist items when the inspection is required by ... (a) A person who buys and sells or leases or offers for sale or lease a nursery product and who has facilities that maintain or ... (a) A person commits an offense if the person wilfully or negligently: (1) violates a provision of this subchapter; or (2) fails or refuses to ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... (a) If the department has reason to believe that a florist item or nursery product is in violation of this subchapter or a rule adopted ... The department shall enforce this subchapter and may appoint inspectors and adopt rules necessary for that enforcement. Acts 1981, 67th Leg., p. 1160, ch. 388, ... The department shall conduct field inspections of vegetable plants and certify those plants prior to the preparation for shipment in order to provide the purchaser ... (a) Except as provided by Subsection (b) of this section, if the department determines following field inspection that the vegetable plants inspected are apparently free ... The department shall determine that tomato plants are apparently free from the following diseases and from damaging infestation of the following pests:DISEASES SCIENTIFIC NAME OF ... The department shall determine that cruciferous plants, including cabbage, cauliflower, broccoli, and collards, are apparently free from the following diseases and from damaging infestation of ... The department shall determine that pepper plants are apparently free from the following diseases:DISEASES SCIENTIFIC NAME OF ORGANISM Nematode root knot Heterodera marioni Southern blight ... The department shall determine that onion plants are apparently free from the following diseases and from damaging infestation of the following insects:DISEASES SCIENTIFIC NAME OF ... The department shall determine that eggplants are apparently free from the following diseases:DISEASES SCIENTIFIC NAME OF ORGANISM Nematode root knot Heterodera marioni Southern blight Sclerotium ... The department shall determine that sweet potato plants are apparently free from the following plant diseases and insects:DISEASES SCIENTIFIC NAME OF ORGANISM Stem rot or ... (a) If, at the time of field inspection, the department finds an injurious pest or disease or insect listed in Sections 71.104-71.109, as applicable, the ... (a) Except as provided by Subsection (b) of this section, a plant subject to certification under this subchapter that is shipped into this state shall ... A transportation company or common carrier is not liable for damages to the consignee or consignor for refusing to receive for transportation or refusing to ... The department may revoke a certificate tag or stamp issued to a plant grower who: (1) makes a false representation; or (2) refuses to comply ... (a) A person applying for a certificate tag or stamp shall pay an inspection fee at the time of application. (b) The department shall charge ... (a) Each bundle or package of certified plants must be plainly labeled on the container with the count of the plants bundled or packaged. The ... (a) A person commits an offense if the person: (1) wilfully or negligently violates a provision of this subchapter; or (2) makes a false representation ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... (a) The department by rule shall publish a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm ... (a) A person commits an offense if the person sells, distributes, or imports into the state a noxious or invasive plant species included on the ... (a) A political subdivision may not adopt an ordinance or rule that restricts the planting, sale, or distribution of noxious or invasive plant species. (b) ... Last modified: August 11, 2007 |