EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE PART I. Texas Department of Agriculture CHAPTER 9.Seed Quality Special Provisions for Labeling 4 TAC sec.9.10 The Texas Department of Agriculture (the department) adopts on an emergency basis an amendment to sec.9.10, concerning the labeling of treated seed under the Texas Seed Law. The amendment to sec.9.10 adopts on an emergency basis by reference, the Federal Seed Act regulation found at 7 Code of Federal Regulations sec.201.31(a) which refers to a specific labeling requirements concerning seed that has been treated with a substance. The amendment is adopted on an emergency basis so consumers using treated seed can take precautionary action if necessary based on the label. The Texas seed regulations currently do not address the labeling of treated seed offered for sale or sold within Texas. The Federal Insecticide, Fungicide, and Rodenticide Act only covers application of substance to the seed and does not extend to the labeling of the seed product after treatment. The department's failure to immediately act in this area could result in a serious risk to purchasers and handlers of treated seed, and to the general public. The amendment is adopted on an emergency basis under the Texas Agriculture Code, sec.61.002, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement of the Texas Seed Law, and the Government Code, sec.2001.034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.9.10. Treated Seed. Treated seed must meet the most current labeling requirements adopted in the Federal Seed Act regulations. The Department of Agriculture hereby adopts by reference the requirements found at 7 Code of Federal Regulations sec.201.31a. Information relative to obtaining copies of the material adopted by reference may be obtained by writing to the Texas Department of Agriculture, Seed Quality, P.O. Box 629, Giddings, Texas 78942. A copy is also available for public inspection at the Texas Department of Agriculture, Seed Quality, W. H. (Bill) Pieratt Building, Giddings, Texas.
    [All treated seed shall be labeled in accordance with the Federal Insecticide, Fungicide and Rodenticide Act, as amended]. Issued in Austin, Texas, on December 6, 1996. TRD-9617811 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: December 9, 1996 Expiration date: March 9, 1997 For further information, please call: (512) 463-7583 CHAPTER 20.Cotton Pest Control SUBCHAPTER C.Cotton Stalk Destruction 4 TAC sec.20.22 The Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.20.22, concerning the authorized cotton destruction date for pest management Zone 8. The department is acting on behalf of cotton farmers in Ellis and Navarro counties. The current cotton destruction deadline for Zone 8 is November 30. The cotton destruction deadline will be extended through December 31 for Ellis and Navarro counties only. The department believes that changing the cotton destruction date in these counties is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for Ellis and Navarro counties. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers in those counties from completing cotton destruction by the November 30 deadline. A failure to act to extend the cotton destruction deadline in those counties could create a significant loss to Texas cotton producers and the state's economy. The emergency amendment to sec.20.22(a) will extend the date for cotton destruction through December 31 of this year in Ellis and Navarro counties. The amendment is adopted on an emergency basis under Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the effective enforcement and administration of Chapter 74, Subchapter A; and sec.74.004, which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other parts, and products of host plants for cotton pests and provides the department with the authority to consider a request for a cotton destruction extension due to adverse weather conditions; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.20.22.Stalk Destruction Requirements. (a) Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows: Figure: 4 TAC sec.20.22(a) (b)-(c) (No change.) Issued in Austin, Texas, on December 6, 1996. TRD-9617595 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: December 5, 1996 Expiration date: January 4, 1997 For further information, please call: (512) 463-7583