| (a) Any citrus producer who wishes to integrate a Corporation-approved
bio-intensive control method in an active pest management zone shall
request approval in writing and must agree to follow the bio-intensive
control regime provided by the biological control scientific community
from the Corporation at least 90 days prior to release of bio-intensive
controls.
(b) The request shall be considered by the Corporation
and shall be granted or denied in writing at least 30 days prior to
planned release and/or application of bio-intensive controls, and
if approved, certification issued designating the time period for
which the approval is valid.
(c) In the request for use of bio-intensive controls,
the producer must state:
(1) the pest management approach for the previous year;
(2) the specific locations and acreage of the citrus
groves;
(3) the alternative control(s) to be used and its source
and availability;
(4) the expected dates of release;
(5) the duration and timing expected in using the control
method(s);
(6) the plan for coordinating the monitoring methods
of target pest between the Corporation and the producer;
(7) the producer's name, address and phone number;
(8) the expected cost of use of bio-intensive control;
and
(9) other relevant information to be considered by
the Corporation in determining the request for the use of alternative
controls.
(d) In making its decision to grant approval for bio-intensive
control methods in an active suppression program, the Corporation
shall consider:
(1) recommendations from the science advisory panel;
(2) whether the producer has the fiscal means to pay
for the alternative control method and pay any assessment;
(3) the overall progress of the suppression program
in the area and the location of the citrus on which bio-intensive
methods are proposed to be used;
(4) how the use of alternative methods would impact
citrus in the pest management zone in question; and
(5) the recommendation from the Corporation's Technical
Advisory Committee.
(e) If an application is approved by the Corporation
in accordance with subsection (b) of this section, the producer shall
document release and/or application dates and outcomes, and make the
records available to the Corporation at a pre-determined time, and
stay in weekly contact with the Corporation's operation manager for
the area for updates on pest numbers evaluated and area infestation
levels.
(f) If the Corporation disapproves the request of an
application in accordance with subsection (b) of this section, the
producer may appeal the decision to the Department in accordance with
the administrative review process set forth in §27.106 of this
title (relating to Administrative Review). This process must be completed
prior to implementation.
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