| (a) Any cotton producer who wishes to use a bio-intensive
control method in an active boll weevil eradication zone shall request
approval in writing from the foundation at least 90 days prior to
traditional cotton planting dates in the area in which the grower
farms. Exceptions are:
(1) for the use of traditional cultural practices like
delayed uniform planting or early stalk destruction; and
(2) for fields on which a grower has certified organic
production.
(b) The request shall be considered by the foundation
and shall be granted or denied in writing at least 30 days prior to
traditional planting time, 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 grower must state:
(1) the specific locations of the cotton fields;
(2) the alternative control(s) to be used and its source
and availability;
(3) the expected date of crop planting;
(4) the duration and timing expected in using the control
method(s);
(5) any scientific or field study trials relevant to
the request;
(6) the expected cost for using the alternative method;
(7) the plan for coordinating the monitoring methods
between the foundation and the grower;
(8) the grower's name, address and phone numbers; and
(9) other pertinent information the grower wishes to
be used in determining approval for the use of bio-intensive controls.
(d) In making its decision to grant approval for bio-intensive
control methods in an active boll weevil eradication program, the
foundation shall consider:
(1) any and all scientific or field study trials relevant
to the requested alternative method, giving special attention to studies
conducted in similar growing regions;
(2) whether the grower has the fiscal means to pay
for the alternative control method and pay any assessment;
(3) the overall progress of the boll weevil eradication
program in the area and the location of the cotton on which alternative
methods are proposed to be used;
(4) how the use of alternative methods would impact
cotton in the eradication zone in question; and
(5) the recommendation from the foundation's technical
committee.
(e) If a bio-intensive control method is approved by
the foundation in accordance with subsection (b) of this section,
the grower shall document treatment dates and outcomes, and make the
records available to the foundation at a pre-determined time, and
stay in weekly contact with the foundation's Field Unit Supervisor
for the grower's area to provide updates on boll weevil numbers trapped
and area boll weevil infestation counts.
(f) If the foundation disapproves the request to use
bio-intensive control methods in accordance with subsection (b) of
this section, the grower may appeal the decision in writing, within
10 days of receipt of the notification of disapproval, to the department
and furnish any additional information the grower wants considered.
The department shall determine whether the foundation complied with
this subchapter in making its decision and rule on the appeal within
15 days of the receipt of the grower's filing of an appeal. This process
must be completed prior to traditional planting dates.
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