| (a) Crop destruction. A grower who has been notified
that destruction of the grower's organic cotton crop is necessary
will have no more than seven calendar days from the date of receipt
of notification to destroy that crop by plow-up.
(b) Extension requests. A request for a deadline extension
will be handled as follows.
(1) The department may, on written request by a grower,
grant an extension of the destruction deadline. Request for extensions
may be granted for the following reasons:
(A) weather factors;
(B) illness;
(C) mechanical failure; or
(D) other good cause, as determined by the department.
(2) A written request for an extension of the destruction
deadline must be submitted on a form prescribed by the department.
(3) Request forms may be obtained from either the department
or the foundation.
(4) Failure to complete the form in its entirety may
result in denial of the request.
(5) All requests for extensions shall be postmarked
on or prior to the destruction deadline.
(c) Penalties for not destroying a crop by the deadline.
(1) If the crop is not destroyed within seven calendar
days of the date of notification or expiration of an approved extension,
the compensation the grower is entitled to under §3.608 of this
chapter (relating to Calculation of Indemnity or Compensation), for
that acreage will be decreased by 50%.
(2) If the crop is not destroyed within 14 calendar
days of the date of notification or expiration of an approved extension,
the grower will no longer be entitled to compensation under §3.608
of this chapter, for that acreage.
(3) The department may assess an administrative penalty
of not more than $5,000 per day if the crop is not destroyed within
15 calendar days after the date of notification or expiration of an
approved extension.
(4) If the crop is not destroyed by the 15th day after
the date of notification or expiration of an approved extension, the
department or its designee may destroy the crop.
|
| Source Note: The provisions of this §3.606 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 |
