Section 19.506 - Unsanitary Conditions With Regard to Regulated Articles and the Quarantined Pest; Orders of Department(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 the location, maintenance shall be performed at least once every 21 days, to prevent accumulation of and 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 satisfactory to 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 chapter 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.4 Tex. Admin. Code § 19.506
Adopted by Texas Register, Volume 40, Number 03, January 16, 2015, TexReg 327, eff. 1/20/2015