(a) Commercial cotton shall not be planted in any area
within an eradication zone where, upon request of the foundation,
the department has determined that the location of that cotton would
jeopardize the success of the eradication program in that zone or
present a hazard to public health and safety. Such an area shall be
designated by the department as a prohibited planting area.
(b) In making a determination as to whether or not
planting of commercial cotton shall be prohibited in an area, the
department may consider the factors listed in §3.23 of this chapter
(relating to Protection of Individuals, Livestock, Wildlife, and Honeybee
Colonies) and §3.24 of this chapter (relating to Guidelines for
Establishment of Foundation Rules, Procedures, and Methods of Treatment),
and the recommendation of the foundation's board.
(c) Noncommercial cotton shall not be planted in any
eradication zone, except under a special permit issued by the department
prior to planting.
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