| (a) During the first season of treatment in an active
boll weevil eradication zone, the "diapause" phase of the program,
all organic producers may plant certified organic or transitional
cotton consistent with §3.602 of this chapter (relating to Planting
of Certified Organic or Transitional Cotton in Active Eradication
Zones), without regard to boll weevil trap captures. Producers will
be required to communicate with the foundation as prescribed in §3.603
of this chapter (relating to Communication with Organic Producers;
Notification of Organic Production).
(b) Certified organic or transitional cotton fields
in active boll weevil eradication zones will adhere to the same trap
count trigger levels that are set by the foundation and pursuant to
subsection (c) of this section for conventional cotton fields in that
zone beginning in the first season-long phase of the program and continuing
each season thereafter.
(c) Trap count triggers will be set under the following
conditions.
(1) The foundation will inform organic growers of the
trigger levels at the beginning of each season.
(2) The trap count trigger level may change during
the season, and when these changes are made, the foundation will inform
organic growers at least 48 hours prior to implementing a new trap
count trigger level.
(3) Traps around organic cotton fields will be checked
at the same interval as traps around conventional fields in the same
zone.
(4) The establishment of the trap count trigger level
and placing of traps will be based on sound scientific and entomological
considerations and shall be implemented in a fair and equitable manner.
(d) If an organic or transitional field surpasses the
set trap count trigger level, a technical review committee will determine
if destruction of that field or other alternative action should be
required using the following procedures.
(1) This committee will consist of the foundation program
director or designee, a member of the foundation's technical advisory
committee appointed by the commissioner, and a department representative
designated by the Commissioner.
(2) No less than two committee members will meet at
the field in question within 48 hours after the field surpasses the
trap count trigger level.
(3) The committee will consider factors established
by the foundation's technical advisory committee and approved by the
foundation's board and the commissioner including, but not limited
to, crop damage, trap captures in nearby traps, and cost to the eradication
program.
(4) The technical review committee shall make a written
recommendation to the commissioner on the organic cotton field in
question specifying the recommended actions and justification for
those actions. This recommendation shall be made within 48 hours after
the field surpasses the trap count trigger level.
(5) The commissioner shall review the technical review
committee's recommendation and make a final determination on the action
required within one business day of receiving the committee's recommendation.
(6) Should the commissioner determine that some type
of eradication activity should occur, the grower may elect to either
destroy the crop as prescribed in §3.606 of this chapter (relating
to Crop Destruction; Extensions).
(e) Destruction of an organic cotton crop under this
section will not be required, regardless of trap captures, once the
crop in that field has reached cut-out stage for that season. This
stage will be determined through the following process.
(1) For purposes of this section, "cut-out stage" is
defined as at least 50% of cotton plants in a field having four or
fewer nodes above white flower.
(2) The grower will contact the foundation when they
believe their crop has reached cut-out stage.
(3) A foundation representative will inspect the field
within 48 hours after being contacted by the grower to confirm that
it has reached cut-out stage.
(4) If there is a dispute relating to the stage of
the crop, a department representative designated by the commissioner
will inspect the crop and determine if cut-out stage has been reached.
(5) The foundation will notify the department when
it is determined that a field has reached cut-out stage.
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| Source Note: The provisions of this §3.605 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 |
