| (a) The foundation will take steps reasonably necessary
to protect the certification of organic crops during the course of
its normal eradication activities.
(b) In the event the foundation or an employee or independent
contractor of the foundation inadvertently treats a certified organic
or transitional field or portion of a crop, either directly or through
drift, with prohibited materials, the foundation will, to the extent
appropriate, assist the grower in obtaining just and reasonable compensation.
(c) For purposes of this section, a determination of
whether or not a direct treatment or drift occurred will be made by
the department in accordance with established procedures.
(d) In the event of a confirmed case of direct treatment
or drift of chemical applied for or by the foundation, and where appropriate,
the department will investigate and seek such penalties as warranted
under the Texas Agriculture Code, Chapter 76, and Chapter 7 of this
title (relating to Pesticides).
|
| Source Note: The provisions of this §3.604 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405 |
