Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 3.
BOLL WEEVIL ERADICATION PROGRAM
Subchapter G. TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE
4 TAC §3.302, §3.303
The Texas Department of Agriculture (the department) proposes
new §3.302 and §3.303, concerning modification of boll weevil eradication
zones. The new sections are proposed to transfer areas from one boll weevil
eradication zone to another zone created under Chapter 74, Subchapter D.
New §3.302, upon the request of cotton producers in Armstrong County,
and upon recommendation of the Texas Boll Weevil Eradication Foundation's
Board of Director's and technical advisory, proposes the transfer of a portion
of Armstrong County from the Northern High Plains Boll Weevil Eradication
Zone to the Northern Rolling Plains Boll Weevil Eradication Zone. New §3.303,
upon the request of cotton producers in Randall County, and also upon the
request of cotton producers in Armstrong County, and upon recommendation of
the Texas Boll Weevil Eradication Foundation's Board of Director's and technical
advisory, proposed the transfer of a portion of Randall County from the Northern
High Plains Boll Weevil Eradication Zone to the Northwest Plains Boll Weevil
Eradication Zone. The transfers are proposed in accordance with the Texas
Agriculture Code, §74.108(b), and order to ensure that contiguous cotton-growing
areas with similar biological characteristics are treated within one zone.
Matt Brockman, special assistant for producer relations, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the section.
Mr. Brockman also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the sections will be the ability to address cotton growers' desires to have
efficient, responsive eradication zones to facilitate boll weevil eradication
in Texas. There will be no effect on small businesses. The anticipated economic
cost to persons who will be required to comply with the new sections, as proposed,
is not determinable at this time. If the proposed transfer is adopted, cotton
growers in those portions of Armstrong and Randall County proposed to be transferred
to another eradication zone will be assessed annually to cover costs of an
eradication program in the transferred area. The costs to individual growers
will depend on voter approval of the proposed transfer and assessment and
the amount of the assessment established for the zone into which the area
is being transferred.
Comments on the proposal may be submitted to Matt Brockman, Special Assistant
for Producer Relations, P. O. Box 12847, Austin, Texas 78711, and must be
received no later than 30 days from the date of the publication of this proposal
in the
Texas Register
.
The new sections are proposed under the Texas Agriculture Code, §74.108(b),
which provides the commissioner of agriculture with the authority, by rule,
to add an area to an eradication zone or transfer an area or county from one
statutory zone to another.
The codes affected by the proposal are the Texas Agriculture Code, Chapter
74.
§3.302.Armstrong County.
All of the following area located in Armstrong County shall be transferred
from the statutorily designated Northern High Plains Boll Weevil Eradication
Zone described at the Texas Agriculture Code, §74.1021(a) to the Northern
Rolling Plains Boll Weevil Eradication Zone designated at §3.112 of this
title (relating to Northern Rolling Plains Boll Weevil Eradication Zone):
that part of Armstrong County that lies east and north of a line running along
FM 294 from the Carson County line to State Highway 287; then running due
south to Mulberry Creek; then running east along Mulberry Creek to the Donley
County line.
§3.303.Randall County.
(a)
All of the following area located in Randall County shall
be transferred from the statutorily designated Northern High Plains Boll Weevil
Eradication Zone described at the Texas Agriculture Code, §74.1021(a)
to the Northwest Plains Boll Weevil Eradication Zone designated at §3.113
of this title (relating to Northwest Plains Boll Weevil Eradication Zone):
that part of Randall County that lies north and west of a line running along
Highway 60 from the Deaf Smith County line east to Interstate 37; then running
north along Interstate Highway 27 to the Potter County line.
(b)
The transfer of the area of Randall County described in
subsection (a) of this section from the Northern High Plains Zone to the Northwest
Plains Zone shall be effective upon the passage of a grower referendum in
that area approving the transfer.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000684
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 12, 2000
For further information, please call: (512) 463-4075
4 TAC §§3.600 - 3.609
The Texas Department of Agriculture (the department) proposes
new Chapter 3, Subchapter J, §§3.600-3.609, concerning organic cotton
regulations. The new sections are proposed to establish requirements and procedures
for the growing of organic cotton in active boll weevil eradication zones,
in accordance with the Texas Agriculture Code, §74.125. There are approximately
10,000 acres of organic cotton grown in active eradication zones in Texas.
These acres cannot be treated with chemicals used to control boll weevil populations.
The proposed new sections are designed to allow organic cotton to be grown
in active boll weevil eradication zones under conditions where the effectiveness
of the eradication effort will not be jeopardized.
New §§3.600 and 3.601 provide a statement of authority and purpose
for the subchapter and provide definitions to be used in the subchapter. New §3.602
provides that the decision to plant certified or transitional cotton in an
active eradication zone is up to the grower producing the crop. New §3.603
provides requirements for communication between organic growers, the department
and the Texas Boll Weevil Eradication Foundation. New §3.604 provides
for protection of organic certification and indemnification to growers when
an organic crop or field is inadvertently treated or exposed through drift
to products not allowed for treatment on an organic crop. New §3.605
establishes requirements and procedures for setting and monitoring boll weevil
trap count trigger levels. This section also provides for a review of fields
that surpass the established trigger level by a technical review committee
which will recommend to the Commissioner of Agriculture what eradication activity
may be necessary, including destruction of the cotton crop, if warranted.
New §3.606 provides procedures for notice and requests for extensions
in the event a grower is notified that destruction of a cotton crop is necessary.
This section also provides for the grower to choose conventional treatment
of a crop in lieu of destruction. New §3.607 provides eligibility requirements
for a grower to receive indemnification from the foundation. New §3.608
provides procedures for calculating indemnification to growers. New §3.609
provides for payment of the established zone assessment by organic cotton
growers.
Matt Brockman, special assistant for producer relations has determined
that for the first five-year period the new sections are in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the sections. Costs of administering and enforcing
the sections, including the cost of indemnification and crop destruction,
should those be required, will be borne by the Texas Boll Weevil Eradication
Foundation, Inc. using other than state funds.
Mr. Brockman also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be having established procedures and requirements regarding
the growing of organic crops in active boll weevil eradication zones. Considering
that the boll weevil costs cotton growers millions of dollars in damages and
lost revenues each year, eradication of the boll weevil will allow both traditional
and organic cotton growers to become more efficient and competitive, thus
providing an indirect benefit to consumers, and having a more viable cotton
industry due to the eradication of the boll weevil will help sustain the economy
of many parts of rural Texas. There may be an effect on organic cotton growers
who operate as micro- businesses or small businesses and to individual growers
who are required to comply with the rule as proposed. The indemnification
provisions of the new sections are intended to reasonably compensate organic
cotton growers who, in accordance with the sections, determine that they will
not grow organic cotton and/or whose cotton is destroyed due to a determination
made by a technical review committee, The department recognizes that such
compensation may not in all cases serve to make the grower whole, and that
an organic grower may incur uncompensated costs as a result of implementation
of the sections. The department is not able to determine those specific costs
at this time, as those would depend on several factors including the actual
amount of organic acreage involved, the actual market price at the time, the
quality of the crop and actual production costs of individual growers. The
70% indemnification formula proposed to be used to determine the amount of
reasonable compensation that will be provided to organic cotton growers is
based on a variety of factors including average sales information for organic
cottonseed and lint obtained from organic growers and average production costs
obtained from organic cotton growers. Also considered were eradication program
costs incurred in treating of cotton acres adjacent to untreated organic cotton
and additional administrative and operational costs to the program due to
the need for additional monitoring of organic fields.
The department has determined that a takings impact assessment under the
Private Real Property Rights Preservation Act, Texas Government Code, Chapter
2007 (the Act), is not required for the new sections because the governmental
action being proposed falls within the exceptions to the Act. Section 2007.003(b)(6)
exempts governmental actions taken to prohibit or restrict a condition or
use of private real property if the governmental entity can show that the
condition or use constitutes a public or private nuisance. The new sections
are proposed in accordance with the Texas Agriculture Code, Chapter 74, Subchapter
D, which provides for the establishment of a comprehensive boll weevil and
pink bollworm eradication program in Texas. The Texas Legislature has acknowledged
the vital importance of the eradication effort in Texas by declaring the pink
bollworm and boll weevil public nuisances and has further declared that they
are "a menace to the cotton industry, and their eradication is a public necessity."
(§74.101(a)). As part of the eradication effort, the Legislature has
directed the commissioner of agriculture to develop rules and procedures to
protect the eligibility of organic cotton production for certification, while,
in all events, maintaining the effectiveness of the boll weevil or pink bollworm
eradication program (§74.125). As noted, the department's directive is
two-fold, to protect organic certification while meeting the legislature's
general declaration to abate declared public nuisances, in this case, the
boll weevil and pink bollworm. While the traditional method of treatment for
boll weevil and pink bollworm eradication includes the use of pesticides,
such treatment cannot be used in the production of organic cotton, making
organic cotton fields more susceptible to infestation. The proposed rules
provide a means by which organic cotton may be grown, with safeguards included,
in the event an infestation occurs. The department believes that the proposed
rules serve to protect the eligibility and certification of organic cotton
production, as much as is possible, and require action to destroy organic
cotton production only where it becomes necessary in order to maintain the
effectiveness of the eradication program. Further, if cotton is destroyed
or an organic grower in an active eradication zone chooses not to grow organic
cotton, reasonable compensation will be provided to that grower, as allowed
by §74.125.
Comments on the proposal may be submitted to Matt Brockman, Special Assistant
for Producer Relations, Texas Department of Agriculture, P. O. Box 12847,
and Austin, Texas 78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the
Texas
Register
.
The new sections are proposed under the Texas Agriculture Code
(the Code), §74.125, which provides the department with the authority
to develop rules and procedures to protect the eligibility of organic cotton
growers to be certified by the commissioner of agriculture, ensure that certification
by the commissioner meets national certification standards and in all events
maintain the effectiveness of the boll weevil or pink bollworm eradication
program administered under the Code, Chapter 74, Subchapter D, including rules
that provide indemnification for organic cotton growers for reasonable losses
that result from a prohibition of production of organic cotton or from any
requirement of destruction of cotton; and the Code, §74.120, which provides
the department with the authority to adopt reasonable rules to carry out the
purposes of the Code, Chapter 74, Subchapter D.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 74, Subchapter D.
§3.600.Statement of Purpose and Authority.
The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.1011
designates the Texas Boll Weevil Eradication Foundation, Inc. (the foundation)
as the entity to carry out boll weevil and pink bollworm eradication in Texas.
The Code, §74.120, provides the Commissioner of Agriculture with the
authority to adopt reasonable rules to carry out the purposes of Chapter 74,
Subchapter D. The Code, §74.125 provides that the Commissioner shall
adopt rules and procedures to protect the eligibility of certified organic
and transitional cotton production in active eradication zones while ensuring
the ultimate success of the boll weevil eradication program in Texas. Section
74.125 further provides that rules adopted under that section may provide
indemnity for the organic cotton growers for reasonable losses that result
from a prohibition of production of organic cotton or destruction of organic
cotton. Mitigation of losses with production of an alternative crop may be
required by the foundation board of directors. The foundation board may not
treat or require treatment of organic cotton with chemicals that are not allowed
for use on certified organic cotton. Plow-up of an organic cotton field may
be required as an alternative to treatment with chemicals.
§3.601.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Active eradication zone-A boll weevil eradication zone
established in accordance with the Texas Agriculture Code, Chapter 74, Subchapter
D, in which a referendum of cotton growers has been held and both the establishment
of an eradication program and a maximum assessment have been approved by growers
for that zone and eradication activities are in progress or the zone has been
declared eradicated by the commissioner.
(2)
Certified organic crop - A crop which has undergone
independent third party verification by the department or a registered certifying
agent that the crop has been produced in compliance with the Texas Organic
Standards, Chapter 18 of this title (relating to Organic Standards and Certification),
and qualified for full organic status, including the requirement that the
land on which the crop is grown has had no prohibited materials applied for
at least 36 months prior to harvest.
(3)
Commissioner - The Commissioner of Agriculture or
her designee.
(4)
Department - The Texas Department of Agriculture
(5)
Foundation - The Texas Boll Weevil Eradication Foundation
(6)
Plow-up - To shred or plow in a manner which prevents
further growth.
(7)
Transitional crop - A crop which has undergone independent
third party verification by the department or a registered certifying agent
that the crop has been produced in compliance with the Texas Organic Standards,
Chapter 18 of this title, and fulfills all requirements except the 36 months
required for full organic status. A certified transitional organic crop must
be produced on land that has had no prohibited materials applied for at least
12 months prior to harvest.
(8)
Trap count- The number of boll weevils recorded as
captured in a pheromone trap on a weekly basis by an employee of the foundation.
(9)
Trigger levels- Standards established by the foundation
for the number of weevils recorded in a trap or for the number of weevils
trapped per acre that would initiate further action by the foundation.
§3.602.Planting of Certified Organic or Transitional Cotton in Active Eradication Zones.
The decision on whether to plant certified organic or transitional
cotton in any field located in an active eradication zone will be made solely
by the grower producing the crop, subject to any designations of prohibited
growing areas under the Code, §74.118, and rules adopted thereunder.
Neither the foundation nor the department will urge or persuade, in any way,
a grower or growers to plant or not to plant certified organic or transitional
cotton.
§3.603.Communication with Organic Producers; Notification of Organic Production.
(a)
Growers applying for or holding certified organic or transitional
organic certification with the department or a private organic certification
agency and who intend to devote acres to organic or transitional crops must
submit all appropriate documentation to the department's Organic Certification
Program, in accordance with Chapter 18 of this title (relating to Organic
Standards and Certification), in order to be recognized by the foundation
as a certified organic or transitional grower for purposes of this section.
(b)
The department will contact all producers with certified
organic or transitional acreage in an active boll weevil eradication zone
before January 1 of each year by sending notice to the address on file with
the department's Organic Certification Program for the grower. These producers
will be informed that they should notify the foundation of their planting
intentions no later than the date of planting the crop. It is the responsibility
of the grower to inform the foundation of the location of all certified organic
or transitional production within an active boll weevil eradication zone.
(c)
The foundation will communicate with all growers of certified
organic or transitional crops in active eradication zones to discuss eradication
activities in and around the production of such crops and to plan measures
to minimize problems such as drift.
§3.604.Protection of Organic Certification.
(a)
The foundation will take steps reasonably necessary to
protect the certification of organic crops during the course of its normal
eradication activities.
(b)
In the event the foundation or an individual working for
the foundation inadvertently treats a certified organic or transitional field
or portion of a crop, either directly or through drift, with products not
allowed by the producer's certifying entity, the foundation will indemnify
the grower in accordance with subsection (d) of this section. This indemnification
will continue on an annual basis until the earliest date that the exposed
field or crop is eligible to return to the status it held prior to the inadvertent
treatment by the foundation.
(c)
For purposes of this section, a determination of whether
or not a direct treatment or drift occurred will be made by the department
in accordance with established procedures.
(d)
In the event of a confirmed case of direct treatment or
drift of chemical applied for or by the foundation's board of directors, the
grower will receive just and reasonable compensation in an amount recommended
by the foundation board and approved by the commissioner.
§3.605.Trigger Levels.
(a)
During the first season of treatment in an active boll
weevil eradication zone, the "diapause" phase of the program, all organic
producers may plant certified organic or transitional cotton consistent with §3.602
of this title (relating to Planting of Certified Organic or Transitional Cotton
in Active Eradication Zones), without regard to boll weevil trap captures.
Producers will be required to communicate with the foundation as prescribed
in §3.603 of this title (relating to Communication with Organic Producers;
Notification of Organic Production).
(b)
Certified organic or transitional cotton fields in active
boll weevil eradication zones will adhere to the same trap count trigger levels
that are set for conventional cotton fields in that zone beginning in the
first full season of the program and continuing each season thereafter.
(c)
Trap count triggers will be set under the following conditions.
(1)
The foundation will inform organic growers of the trigger
levels at the beginning of each season.
(2)
The trap count trigger level may change during the
season, and when these changes are made, the foundation will inform organic
growers at least 48 hours prior to implementing a new trap count trigger level.
(3)
Traps around organic cotton fields will be checked
at the same interval as traps around conventional fields in the same zone.
(4)
The establishment of the trap count trigger level
and placing of traps will be based on sound scientific and entomological considerations
and shall be implemented in a fair and equitable manner.
(d)
If an organic or transitional field surpasses the set trap
count trigger level, a technical review committee will determine if destruction
of that field or other alternative action should be required using the following
procedures.
(1)
This committee will consist of the foundation program director
or his designee, a member of the foundation's technical advisory committee
appointed by the commissioner, and the Integrated Pest Management (IPM) specialist/
agent from the Texas Agricultural Extension Service serving the respective
area.
(2)
No less than two committee members will meet at the
field in question within 48 hours after the field surpasses the trap count
trigger level.
(3)
The committee will consider factors established by
the foundation's technical advisory committee and approved by the foundation's
board and the commissioner including, but not limited to, crop damage, trap
captures in nearby traps, and cost to the eradication program.
(4)
The technical review committee shall make a written
recommendation to the commissioner on the organic cotton field in question
specifying the recommended actions and justification for those actions.
(5)
The commissioner shall review the technical review
committee's recommendation and make a final determination on the action required.
(6)
Should the commissioner determine that some type of
eradication activity should occur, the grower may be required to either destroy
the crop as prescribed in §3.606 of this title (relating to Crop Destruction),
or may choose to allow the crop to be treated
(e)
Destruction of an organic cotton crop under this section
will not be required, regardless of trap captures, once the crop in that field
has reached cut-out stage for that season. This stage will be determined through
the following process.
(1)
For purposes of this section, "cut-out stage" is defined
as at least 50% of cotton plants in a field having four or fewer nodes above
white flower.
(2)
The grower will contact the foundation when they believe
their crop has reached cut-out stage;
(3)
A foundation representative will inspect the field
within 48 hours after being contacted by the grower to confirm that it has
reached cut-out stage.
(4)
If there is a dispute relating to the stage of the
crop, the IPM agent/specialist or county extension agent serving the area,
will inspect the crop and determine if cut-out stage has been reached.
(5)
The foundation will notify the department when it
is determined that a field has reached cut-out stage.
§3.606.Crop Destruction; Extensions, Choice of Conventional Treatment.
(a)
Crop destruction. A grower who has been notified that destruction
of their organic cotton crop is necessary will have no more than seven calendar
days from the date of receipt of notification to destroy that crop by plow-up.
(b)
Extension requests. A request for a deadline extension
will be handled as follows.
(1)
The department may, on written request by a grower, grant
an extension of the destruction deadline. Request for extensions may be granted
for the following reasons:
(A)
weather factors;
(B)
illness;
(C)
mechanical failure; or
(D)
other good cause, as determined by the department.
(2)
A written request for an extension of the destruction
deadline must be submitted on a form prescribed by the department.
(3)
Request forms may be obtained from either the department
or the foundation.
(4)
Failure to complete the form in its entirety may result
in denial of the request.
(5)
All requests for extensions shall be postmarked on
or prior to the destruction deadline
(c)
Penalties for not destroying a crop by the deadline.
(1)
If the crop is not destroyed within seven calendar days
of the date of notification or expiration of an approved extension, the compensation
the grower is entitled to under §3.608 of this title (relating to Calculation
of Indemnity), for that acreage will be decreased by 50%.
(2)
If the crop is not destroyed within 20 calendar days
of the date of notification or expiration of an approved extension, the grower
will no longer be entitled to compensation under §3.608 of this title,
for that acreage.
(3)
The department may assess an administrative penalty
of not more than $5,000 per day if the crop is not destroyed within 21 calendar
days after the date of notification.
(4)
If the crop is not destroyed by the 21st day, the
department may destroy the crop.
(d)
Choosing conventional treatment.
(1)
In lieu of crop destruction, a grower may notify the foundation
and the department that he or she chooses to cancel his or her organic or
transitional certification on the acreage that has been ordered to be destroyed
so that conventional treatment may be used.
(2)
Such notification must be provided in writing to both
the foundation and the department and must be postmarked, if sent by mail,
or faxed before the destruction deadline. The same penalties described in
subsection (c) will apply if notification is not received by the destruction
deadline.
(3)
After both the foundation and the department receive
this notification, the Foundation will treat the field in the same manner
as all conventional cotton fields in the same zone.
(4)
A grower choosing to cancel organic certification
will not be entitled to compensation under §3.608 of this title, for
that acreage.
§3.607. Eligibility for Indemnification.
(a)
Until each respective zone is declared eradicated by the
commissioner, certified organic and/or transitional cotton growers in the
Western High Plains, Northwest Plains, Permian Basin, El Paso/Trans Pecos,
and Northern Rolling Plains Boll Weevil Eradication Zones will be eligible
for compensation under the following conditions.
(1)
The grower must have planted certified organic or transitional
cotton during the 1997, 1998 or 1999 crop year.
(2)
The grower's base acreage will be based on the grower's
choice of one of the following:
(A)
land acres planted to certified organic and transitional
cotton in 1999; or
(B)
an average of land acres planted to certified organic and
transitional cotton in the 1997, 1998, and 1999 crop years.
(b)
Until each respective zone is declared eradicated by the
commissioner, certified organic and/or transitional cotton growers in the
Southern Rolling Plains, South Texas/Winter Garden, and Rolling Plains Central
Boll Weevil Eradication Zones will be eligible for compensation as negotiated
between the grower and the foundation and approved by the commissioner.
(c)
Certified organic and/or transitional cotton growers in
all other boll weevil eradication zones will be eligible for compensation
under the following conditions.
(1)
The grower must have an application for transitional or
organic cotton approved by the department's Organic Certification Program
at least one year before the date a referendum is held establishing a boll
weevil eradication program and assessment and approving a budget for that
zone.
(2)
The grower's base acreage will be based on the growers
choice of one of the following:
(A)
the grower's land acreage planted to certified organic
and/or transitional cotton in the year preceding the crop year on which the
referendum is based; or
(B)
an average of the grower's land acreage planted to certified
organic and/or transitional cotton in the year preceding the crop year on
which the referendum is based and the two previous years.
§3.608.Calculation of Indemnity.
(a)
To be eligible for compensation, a grower must report the
Farm Service Agency farm numbers, physical locations, and acreage on each
farm that the grower will use as the base acreage calculated in §3.607
of this title (relating to Eligibility for Indemnification), to the foundation
before planting each year on a form provided by the foundation. This acreage
must be certified organic or transitional acreage.
(b)
If the grower does not plant certified organic or transitional
cotton on this base acreage, or if certified organic or transitional cotton
on the growers base acreage is destroyed through the requirements of this
chapter, the grower will be entitled to indemnification:
(1)
within 30 days after the grower has reported income from
an alternative crop grown on that acreage to the foundation; or
(2)
by October 31 if no alternative crop is grown.
(c)
A decision by a grower not to plant certified organic or
transitional cotton on his or her base acreage will be based on best farming
practices and approved by the department's Organic Certification Program.
(d)
The following factors will be considered when calculating
indemnity payments for organic cotton growers:
(1)
eligible acreage - the base acreage, in land acres, determined
as provided in §3.607 of this title, and identified for that field as
described in this section;
(2)
yield - the yield per acre will be determined by using
the Average Production History for that farm, as determined by the Federal
Crop Insurance Corporation; and
(3)
mitigation -the proceeds from any other crop grown
on that acreage will be deducted from the grower's indemnification.
(e)
When a grower is entitled to indemnification, the foundation
will indemnify the grower in accordance with one of the following formulas,
whichever results in the lesser payment:
(1)
eligible acreage x yield x $1.00 per pound less mitigation;
or
(2)
eligible acreage x yield x $1.00 per pound, minus
30% (30% reduction to approximate harvest and administrative costs).
(f)
After a zone has been declared eradicated by the commissioner:
(1)
any grower who plants certified organic or transitional
cotton will be eligible for indemnification on an acre per acre basis only,
if all or part of a crop is required to be destroyed;
(2)
indemnification will only be available for certified
organic and/or transitional cotton acreage that is required to be destroyed;
and
(3)
indemnification will be 70% of Acreage x Yield x $1.00
per pound.
(g)
The commissioner will resolve any dispute between the grower
and the foundation regarding the amount of indemnification.
§3.609.Payment of Assessment.
(a)
Organic growers who plant certified organic or transitional
cotton will be required to pay an assessment in accordance with the Code,
Chapter 74, Subchapter D and rules adopted thereunder. This assessment will
be in the amount set for the entire zone and will be billed in the same manner
as all cotton grown in the zone.
(b)
Organic growers who choose to receive indemnity in lieu
of growing certified organic or transitional cotton, and it is determined
the decision was made in accordance with §3.608(c) of this title (relating
to Calculation of Indemnity), will have their indemnity reduced by an amount
equal to the assessment that would have been due on that acreage.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 27, 2000.
TRD-200000580
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 12, 2000
For further information, please call: (512) 463-4075
Subchapter G. GO TEXAN PARTNER PROGRAM RULES
Subchapter J. ORGANIC COTTON RULES
Chapter 17.
MARKETING AND PROMOTION DIVISION