TITLE agriculture

Part I. Texas Department of Agriculture

Chapter 20. Cotton Pest Control

Subchapter C. Stalk Destruction Program

4 TAC §20.22

The Department of Agriculture (the department) adopts on an emergency basis, an amendment to §20.22, concerning the authorized cotton destruction date for pest management Zone 8.

The department is acting on behalf of cotton farmers in Ellis, Johnson and Navarro counties.

The current cotton destruction deadline for Zone 8 is November 30. Prior emergency amendments as published in 21 TexReg 12039 and 21 TexReg 12349 extended the deadline for Ellis, Johnson and Navarro counties to December 31. The cotton destruction deadline will now be extended through January 15 for Ellis, Johnson 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, Johnson 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 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 §20.22(a) will extend the date for cotton destruction through January 15 of this year in Ellis, Johnson and Navarro counties.

The amendment is adopted on an emergency basis under Texas Agriculture Code, §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 §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, §2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment.

§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 §20.22(a)

(b)-(c)

(No change.)

Issued in Austin, Texas, on December 31, 1996.

TRD-9618755

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: January 1, 1997

Expiration date: January 16, 1997

For further information, please call: (512) 463-7583