TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 20. COTTON PEST CONTROL

Subchapter C. STALK DESTRUCTION PROGRAM

4 TAC §20.22

The Texas Department of Agriculture (the department) adopts an amendment to §20.22(a), concerning cotton stalk destruction deadlines, without changes to the proposal published in the August 8, 2003, issue of the Texas Register (28 TexReg 6157). The amendment is adopted to change the cotton stalk destruction deadline for pest management zone 7 (zone 7) from November 30 to October 31 of each year, upon the recommendation of the zone's advisory committee. The cotton producer advisory committee for zone 7 recommended changing the stalk destruction deadline from November 30 to October 31 at its meeting held in Bryan, Texas on November 22, 2002. The amendment is also adopted to further the absence of hostable cotton plants for additional duration. The absence of fruiting structures for an additional month will further curtail the boll weevil reproduction, which will greatly aid in control and eradication of this destructive pest.

No comments were received on the proposal.

The amendment to §20.22 is adopted in accordance with the Texas Agriculture Code (the Code), §74.006 which provides the department with the authority to adopt rules as necessary for the effective enforcement and administration of Chapter 74; and the Code, §74.004 which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other cotton parts and products of host plants for cotton pests.

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 December 23, 2003.

TRD-200308879

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: January 12, 2004

Proposal publication date: August 8, 2003

For further information, please call: (512) 463-4075