| (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 subsections (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 United
States Department of Agriculture 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.
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| 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; amended to be effective June 26, 2023, 48 TexReg 3405 |
