(a) Violations. In addition to any other violations
that may arise under requirements of the Texas Agriculture Code, Chapter
74, or regulations adopted pursuant to the Texas Agriculture Code,
Chapter 71 or Chapter 74:
(1) Failure to comply with cotton stalk destruction
requirements outlined in Subchapter C of this chapter (relating to
Stalk Destruction Program) or Subchapter D of this chapter (relating
to Regulation of Volunteer and Other Noncommercial Cotton; Hostable
Cotton Fee) constitutes a violation.
(2) Cotton that is allowed to develop fruiting structures
after the destruction deadline constitutes a violation, if the producer
or responsible party fails to submit a required hostable commercial
cotton fee or a hostable noncommercial cotton fee.
(b) Enforcement Actions.
(1) The department may direct any means of conveyance
containing plants, plant products, or other items susceptible to cotton
pest contamination to an authorized inspection point for treatment
or reinspection prior to entering a restricted area. To minimize the
risk of contamination of a restricted area by such means of conveyance
discovered or apprehended in restricted areas, the department may
seize and maintain control over the means of conveyance and its relevant
contents until the department is satisfied that they are safely decontaminated
or that they no longer pose a threat to the quarantine. Any costs
associated with such decontamination (including the cost of decontamination,
transportation of the means of conveyance, destruction of contaminated
materials, and special materials that the department may deem necessary
to prevent regulated materials from leaving the means of conveyance)
are the responsibility of the violator(s).
(2) Any violation of these rules is subject to civil
and criminal penalties. In addition, the department may revoke a certificate
or compliance agreement, and/or assess administrative penalties as
prescribed in the Texas Agriculture Code, §12.020, against any
person for a violation of these rules and/or for failure to adhere
to the conditions of a protection plan.
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Source Note: The provisions of this §20.3 adopted to be effective September 2, 1996, 21 TexReg 7967; amended to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective September 1, 2009, 34 TexReg 5897; amended to be effective March 5, 2023, 48 TexReg 1033 |