(a) Upon notice by the foundation that a grower has
failed to comply with a notice of prohibition provided in accordance
with §3.53 of this chapter (relating to Notice of Prohibition),
or has failed to obtain a permit for planting of noncommercial cotton
in an eradication zone as required by §3.52 of this chapter (relating
to Prohibition of Planting of Commercial and Noncommercial Cotton)
the department shall take the following actions:
(1) Immediately upon identification of a field that
is out of compliance, the department shall give written notice to
the farm owner, to the grower, and, if known, to any lender having
an interest in the field or the cotton, that the field and any cotton
growing in the field are in violation of these rules.
(2) The notice shall further instruct the owner and
grower to destroy any cotton located in the field within seven days
after the date the written notice is received. Destruction shall be
performed in a manner to prohibit the presence of live cotton plants.
(3) If the owner or grower cannot be located after
reasonably diligent effort has been made by the department to locate
such persons, the department shall publish the notice in a newspaper
of general circulation in the county in which the land is located
and post for a period of three consecutive days a copy of the notice
on or in the immediate vicinity of the field in violation.
(4) If no response is received by the department from
either the owner or grower within four days after the date of posting
of the notice at the field, or if the department considers the response
inadequate, the department shall have the cotton destroyed.
(b) The department may take any other action necessary
to complete destruction of cotton in order to prevent the spread of
boll weevils from the infested area.
(c) All costs incurred by the department in the destruction
of cotton in accordance with subsection (a) of this section shall
be reimbursed by the grower.
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