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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 3BOLL WEEVIL ERADICATION PROGRAM
SUBCHAPTER DREQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT
RULE §3.72Requirements for Program Participation

(a) All commercial cotton growers within an eradication zone are required to participate in the eradication program approved by grower referendum for that zone.

(b) Participation in the eradication program includes:

  (1) timely reporting to the foundation, as specified in subsection (c) or (d) of this section, of all information regarding all commercial and noncommercial cotton and of all cotton grown for ornamental, research, or any other purposes as provided in the Code §74.121;

  (2) payment of the assessment in the amount and manner established and approved for that eradication zone; and

  (3) compliance with any department rules, or procedures established by the department or the foundation, for implementation of the eradication program in that eradication zone.

(c) Reporting deadlines.

  (1) All acreage planted with cotton and the location of such acreage in an active eradication zone, regardless of which zone, must be reported annually to the foundation by the grower no later than the reporting date established for each county by the Farm Service Agency, as specified in the map found at paragraph (3) of this subsection.

  (2) If there is a conflict between the dates shown in paragraph (3) of this subsection and the dates established by the Farm Service Agency, the dates established by the Farm Service Agency shall control, unless no such dates have been established, in which event the dates shown in paragraph (3) shall control.

  (3) The dates by which cotton acreage and location of such acreage in an active eradication zone must be reported are as follows:

Attached Graphic

  (4) The cotton acreage and location of such acreage required to be reported by paragraph (1) of this subsection may instead be reported to the Farm Service Agency, rather than the foundation, provided that the Farm Service Agency office to which the cotton acreage and location of such acreage is reported is in a county within an active eradication zone.

(d) The foundation may send a written inquiry directly to a grower who has previously failed to report cotton acreage or location planted within a then-active eradication zone or to a grower who the foundation has probable cause to believe has planted cotton in an active zone without reporting the acreage or location of such cotton to either the foundation or the Farm Service Agency. The written inquiry shall be sent by certified mail and shall require that the recipient grower certify in writing, on a form supplied by the foundation, either the number of acres and location of each tract of cotton the grower has planted within an active eradication zone for the current growing season or that no acres of cotton are planted in an active eradication zone for the current growing season. The form must be returned within 10 days of receipt by the grower. After delivery or refusal of delivery of the written inquiry, the grower's obligation to report cotton acreage and location may be satisfied only by return of the certification required by this subsection. Failure to return the required certification or refusal of delivery of the written inquiry may result in the assessment of an administrative penalty, which shall not relieve the grower of the requirement to submit the certification required by this subsection. The foundation may send out an additional written inquiry upon refusal of delivery of a previous written inquiry or if the foundation considers a response to a previous written inquiry inadequate. Each written inquiry mailed under this subsection may serve as the basis for a separate violation.

(e) Falsely reporting the number of acres or location of cotton under any provision of this section may result in the assessment of an administrative penalty.


Source Note: The provisions of this §3.72 adopted to be effective May 19, 1998, 23 TexReg 4902; amended to be effective May 3, 2000, 25 TexReg 3739; amended to be effective July 7, 2002, 27 TexReg 5757

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