Texas Administrative Code
Title 4 - AGRICULTURE
Part 1 - TEXAS DEPARTMENT OF AGRICULTURE
Chapter 22 - NURSERY PRODUCTS AND FLORAL ITEMS
Section 22.4 - Stop-Sale Order and Appeal
Current through Reg. 50, No. 13; March 28, 2025
(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:
(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.