|(a) Deadline and methods. From the destruction deadline
until the end date for destruction requirements, all cotton plants
in a Pest Management Zone shall be non-hostable. Enforcement of destruction
requirements begins on the day immediately following the destruction
deadline date. Additional requirements for stalk destruction are as
(1) Zone 9--All cotton plants shall be shredded.
(2) Zone 10--All cotton plants shall be shredded; also,
the field shall be:
(A) Plowed, with soil being tilled to a depth of six
or more inches; or
(B) Flood irrigated, following shredding of the plants,
with sufficient irrigation applied to wet all soil. When flood irrigation
(i) In advance of the irrigation date, the department
shall be notified in writing of intent to flood irrigate (specifying
the field's location, FSA Farm Number, FSA Tract Number, FSA Field
Number, a contact person and a contact phone number).
(ii) A copy of irrigation records shall be presented
for inspection during normal working hours, within 5 working days,
if so requested in writing by the department.
(3) The destruction deadlines and end date for destruction
requirements for cotton plants in each Pest Management Zone are prescribed
(b) Deadline extensions.
(1) The department may, on written request by a farm
owner and/or operator, grant an extension of the cotton destruction
deadline in any pest management zone. Requests for extensions in any
zone may be granted for the reasons listed in subparagraphs (A) -
(E) of this paragraph:
(A) research conducted inside a sealed greenhouse or
(B) weather factors;
(D) mechanical failure; or
(E) other good cause.
(2) The department may grant a blanket extension of
the destruction deadline covering an entire cotton stalk destruction
zone or a portion of an entire zone in any one of the following circumstances:
(A) in response to a written request by the cotton
producer advisory committee, in a given zone authorized and signed
by a majority of the committee members;
(B) in response to a written request by the chairman
of the cotton producer advisory committee, or his designee, on behalf
of the committee; or
(C) in response to a significant number of individual
written requests for individual extensions from cotton producers in
a given zone as the result of an extreme weather event such as prolonged
periods of heavy rain, prolonged periods of drought, a tropical storm,
a hurricane, or other such extreme weather event.
(3) A blanket extension may be implemented at the department's
own initiative if a zone or other area experiences a serious unforeseen
condition that prevents the department from surveying fields for compliance
or which clearly makes compliance by a substantial majority of producers
(4) Request forms may be obtained from any of the following
locations within a cotton pest management zone:
(A) County Extension office;
(B) Farm Service Agency office; or
(C) Texas Department of Agriculture.
(5) Failure to complete the form entirely may result
in denial of the request.
(6) Submission of extension requests:
(A) All requests for blanket or individual extensions
must be hand-delivered to the department or submitted by mail, email,
or fax, and be postmarked or electronically date-stamped by the department
no later than the end of the date of the deadline.
(B) Late submission of an extension request may result
in its denial.
(c) Enforcement suspensions.
(1) The department may temporarily suspend cotton stalk
destruction deadline enforcement activities in a zone or portion thereof,
due to conditions that temporarily prevent enforcement activities.
(2) During an enforcement suspension, for the zone
or portion thereof under suspension, no new violations of the cotton
stalk destruction deadline will be documented; compliance deadlines
for previously recorded violations of the deadline will not advance;
and penalty periods related to the deadline will not accrue.
(3) At the end of the enforcement suspension, all suspended
activities and processes will resume, at the point where they had
(d) Cotton in a zone must be in compliance with the
respective stalk destruction requirements and may not be planted after
the stalk destruction deadline until the earliest planting date listed
in the table in subsection (a) of this section.
(e) At the end date of destruction requirements listed
in the table in subsection (a) of this section, the requirement to
destroy original growth, regrowth, or volunteer cotton from the previous
crop year shall end for original growth, regrowth, or volunteer cotton
that occurs in a commercial cotton field. Violations arising in a
zone prior to the end date for destruction requirements will be pursued,
but penalties shall cease to accrue on the end date for destruction
(f) Cotton covered by a noncommercial cotton permit
issued by the department shall be exempt from the requirements of
|Source Note: The provisions of this §20.22 adopted to be effective September 2, 1996, 21 TexReg 7969; amended to be effective March 27, 1997, 22 TexReg 2869; amended to be effective August 11, 1998, 23 TexReg 8037; amended to be effective January 26, 2000, 25 TexReg 378; amended to be effective August 27, 2000, 25 TexReg 8024; amended to be effective June 13, 2001, 26 TexReg 4081; amended to be effective April 4, 2002, 27 TexReg 2433; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective January 12, 2004, 29 TexReg 358; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective October 7, 2004, 29 TexReg 9353; amendedto be effective March 26, 2006, 31 TexReg 2143; amended to be effective July 9, 2006, 31 TexReg 5279; amended to be effective July 19, 2007, 32 TexReg 4383; amended to be effective September 14, 2008, 33 TexReg 7513; amended to be effective January 25, 2009, 34 TexReg 413; amended to be effective September 1, 2009, 34 TexReg 5897; amended to be effective September 1, 2011, 36 TexReg 5200; amended to be effective April 8, 2015, 40 TexReg 1967; amended to be effective September 13, 2018, 43 TexReg 5773