4 TAC §3.608
The Texas Department of Agriculture (the department) adopts
amendments to §3.608 (b) concerning Calculation of Indemnity or Compensation
under the department's organic cotton rules, without changes to the proposal
published in the June 15, 2001 issue of the
Texas
Register
(26 TexReg 4357). The amendment is adopted to create a timetable
that will work under the current indemnity and compensation formulas thereby
creating a more efficient manner of compensating organic growers who are eligible
for payment under the department's organic cotton rules. The current October
31 due date for all payment was established under a process where a payment
was only given when a crop was destroyed due to infestation, and the destruction
would have occurred prior to the October 31 date. Under current, recently
amended rules, an organic grower is allowed to grow out acreage that is treated
by the foundation under emergency pest or disease treatment program provisions
as provided under Chapter 18 of this title (relating to Organic Standards
and Certification). With this scenario, the Texas Boll Weevil Eradication
Foundation (the foundation) would not have the data necessary to provide compensation
until the crop is harvested and gin receipts are provided to indicate the
amount of cotton harvested from treated fields. The amendment is adopted at
the request of foundation staff and organic growers, and provides for payment
of compensation within 30 days of the foundation's receiving the gin receipts
from treated acres. In addition, the indemnification for crop destruction
is also changed to be consistent, by requiring payment to be made within 30
days from the date of verification of actual crop destruction.
No comments were received on the proposal.
The amendments to §3.608 are adopted under the Texas Agriculture
Code §74.125, which provides the department with the authority to develop
rules and procedures for growing of organic cotton in boll weevil eradication
zones, 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 17, 2001.
TRD-200104104
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 6, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-4075