31 Tex. Admin. Code § 57.118 - Special Provisions - Water Spinach
(a) Except as authorized by a permit issued
under this section, or otherwise provided by this section, no person may:
(1) culture water spinach; or
(2) possess or transport water spinach in
exchange for or with the intent to exchange for money or anything of
value.
(b) No permit
issued under this section is required to purchase or possess water spinach for
personal consumption, provided the water spinach was lawfully purchased or
obtained and is not propagated or cultured.
(c) No permit issued under this section is
required to purchase or obtain water spinach for sale or re-sale, provided:
(1) the water spinach is purchased or
obtained from a controlled exotic species permit holder authorized for culture
and sale of water spinach or a lawful out-of-state source;
(2) copies of all invoices and receipts are
retained for a period of one year following the date of purchase or
receipt;
(3) the water spinach is
sold or transferred directly to a consumer (defined as a person purchasing or
obtaining water spinach for personal consumption); and
(4) water spinach that is not sold,
transferred or consumed is disposed of in such a manner as to prevent the
dispersal of water spinach beyond the establishment or location where it is
sold or stored.
(d) For
a facility where water spinach is cultured:
(1) culture shall take place only in enclosed
greenhouses;
(2) a copy of the
permit shall be prominently displayed at the facility for which it was
issued;
(3) all water spinach
plants within the facility must be free of flowers and seeds at all
times;
(4) propagation shall be by
cuttings only and propagation using seeds is prohibited;
(5) water spinach shall be grown in only in
moist soil and culture in aqueous media is prohibited;
(6) all equipment used in the cultivation of
water spinach must be cleaned of all vegetation prior to being removed from a
facility;
(7) a buffer area void of
all plants, with the exception of mature woody vegetation, shall be created and
maintained around the perimeter of all areas where water spinach is cultured,
handled, packed, processed, stored, shipped, or disposed. The width of the
buffer area shall be at least 10 feet unless the department grants a
modification of buffer width based on the location of greenhouses;
(8) the greenhouse shall be maintained at all
times in such a way as to prevent escape or release of water spinach and the
department shall be notified if facility repairs are necessary; and
(9) satisfactorily demonstrate to the
department, during annual facility inspections that activities authorized under
this subchapter are conducted in compliance with the requirements of this
subchapter and the facility is maintained in such a way as to prevent escape or
release of water spinach.
(e) Packaging. All water spinach transported
from a facility including water spinach transported under an interstate
transport authorization shall be:
(1) packaged
in a closed or sealed container having a volume no greater than three cubic
feet and may not be mixed or commingled with any other material or substance;
and
(2) identified such that each
container of water spinach shall have a label placed on the outside of the
container. The label must be clearly visible and shall bear the legend "Water
Spinach" in English.
(f)
Processing. All handling and packaging of water spinach must be done at the
permitted facility within the buffer area. All water spinach fragments must be
collected and disposed as described in subsection (k) of this
section.
(g) Transport invoice. The
permit holder shall generate a transport invoice for each sale or transfer of
water spinach. Except as provided by subsection (h) of this section, no person
may remove water spinach from a permitted facility unless the water spinach is
accompanied by a separate transport invoice for each receiver. The transport
invoice required by this section shall contain the following information,
legibly written:
(1) a unique transport
invoice number;
(2) the date of
shipment;
(3) the name, address and
phone number of the permit holder;
(4) the name, address, and phone number of
the common carrier, if a common carrier is used to transport the water
spinach;
(5) the name, address and
phone number of the person receiving the water spinach; and
(6) the controlled exotic species permit
number of the permit holder and receiver, as applicable.
(h) Transport log. A permit holder may
transport water spinach to and from a permitted facility for the purposes of
sale without first generating individual transport invoices provided the permit
holder:
(1) generates a water spinach
transport invoice for each receiver at the time the water spinach is delivered;
and
(2) maintains and possesses a
current and accurate daily transport log at all times during transport. The
water spinach transport log required by this section shall be on a department
form and shall contain the following information, legibly written, for each
sale:
(A) the date and time of
shipment;
(B) the name, address,
phone number, and exotic species permit number of the permit holder;
(C) the number of boxes of water spinach in
possession at the time transport is commenced from the facility;
(D) for each delivery or acquisition of water
spinach:
(i) the water spinach transport
invoice number for each transfer of water spinach to or from the permit
holder;
(ii) receiver/supplier's
name, address, and phone number;
(iii) type of transfer--delivery or receipt;
and
(iv) the number of boxes of
water spinach transferred; and
(E) the number of boxes of water spinach in
possession upon return to the facility.
(i) Recordkeeping. A copy of each daily
transport log, if applicable, or transport invoice must be retained for a
period of one year following the date of purchase or receipt. If water spinach
is purchased or obtained from a lawful source outside the state, a copy of the
receipt and documentation of lawful sale, if applicable, must be retained for a
period of one year following the date of purchase or receipt. All records
required by this section shall promptly be provided upon request during normal
business hours to any department employee acting within the scope of official
duties.
(j) Reporting. A person
permitted under this section to grow water spinach shall submit quarterly
reports to the department on a form supplied by the department. The quarterly
reports required by this subsection shall be submitted by March 15, June 15,
September 15, and December 15 of each year and must be submitted even if no
sales occurred during the quarter.
(k) Escape or release prevention,
notification, and emergency plan implementation.
(1) The permit holder shall not allow water
spinach to escape from a facility or be released or spread outside the facility
during cultivation, handling, packaging, processing, storage, shipping, or
disposal.
(2) The use of water
spinach to feed animals is prohibited.
(3) Water spinach that is not sold,
transferred, or consumed and all fragments of water spinach not growing in soil
or packaged must be placed into a secure container until packaged or
transported to a secure waste or compost bin and composted, dried fully, or
placed into black plastic bags prior to disposal.
(4) The holder of a permit issued under this
subchapter shall notify the department within 72 hours of discovering the
escape or release of water spinach from their facility or during
transport.
(5) In the event that a
facility subject to a permit issued under this section appears to be in
imminent danger of flooding or other circumstance that could result in the
escape or release of water spinach, the permit holder shall:
(A) immediately begin implementation of
emergency measures to prevent the escape or release of water spinach;
and
(B) notify the department of
implementation of emergency measures in accordance with permit
provisions.
(6) In the
event that water spinach escapes or is released from a greenhouse or a
facility, the facility permit holder is responsible for all costs associated
with the detection, control, and eradication of free-growing water spinach
resulting from such escape or release and subsequent dispersal. Water spinach
growing outside a greenhouse is considered to be escaped.
(l) Disposition of water spinach cultured
without a permit. In the event that any facility is found to be culturing water
spinach without a permit or following a decision by the department to refuse
issuance or renewal of a permit, the department may prescribe a disposition
protocol in accordance with §
57.113 of this title (relating to
General Provisions and Exceptions).
Notes
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