Texas Administrative Code
Title 4 - AGRICULTURE
Part 1 - TEXAS DEPARTMENT OF AGRICULTURE
Chapter 21 - CITRUS
Subchapter A - CITRUS QUARANTINES
Section 21.10 - Record Keeping; Rebuttable Presumption; and Seizure
Current through Reg. 50, No. 13; March 28, 2025
(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:
(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:
(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.
(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:
(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.