TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 20. COTTON PEST CONTROL

The Texas Department of Agriculture (the department) adopts amendments to §§20.1, 20.20 and 20.22, concerning the department's cotton pest control program requirements, without changes to the proposed text, as published in the January 20, 2006, issue of the Texas Register (31 TexReg 363). The amendments are adopted to update and clarify definitions, reclassify Pest Management Zone 5 as Pest Management Zone 3 Area (3), and strengthen enforcement of the Cotton Stalk Destruction (CSD) deadline.

Amendments to §20.1 are adopted to clarify the definition of non-hostable as it relates to cotton in the field, and to strengthen the definition of volunteer cotton by removing references to when incidental seeds might have germinated.

Amendments to §20.20 are adopted in response to producer requests from Pest Management Zone 5. The adopted changes will reclassify Pest Management Zone 5 to Area (3) of Pest Management Zone 3. This change will benefit producers in the affected counties by maintaining their locally appropriate planting and stalk destruction dates while improving their organizational situation. Because counties in Pest Management Zone 3 and those in Pest Management Zone 5 are adjacent and have similar production practices, combining the two zones will promote coordinated decision-making about stalk destruction requirements.

Amendments to §20.22 are adopted to implement the unanimous request of the Pest Management Zone 9 Cotton Producer Advisory Committee (CPAC) to delay their CSD deadline until March 1 and the unanimous request of the Pest Management Zone 10 CPAC to modify their stalk destruction requirements to reflect modern production practices in that area. The amendments to §20.22 are further adopted to refine procedures for processing electronically transmitted requests for individual extensions and to clarify the standards for granting individual extensions for fields that have been declared a public nuisance by the department.

No comments were received on the proposal.

Subchapter A. GENERAL PROVISIONS

4 TAC §20.1

The amendments are 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, Subchapter A; 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 March 6, 2006.

TRD-200601404

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: March 26, 2006

Proposal publication date: January 20, 2006

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


Subchapter C. STALK DESTRUCTION PROGRAM

4 TAC §20.20, §20.22

The amendments are 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, Subchapter A; 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 March 6, 2006.

TRD-200601405

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: March 26, 2006

Proposal publication date: January 20, 2006

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