SECTION 27.703. Protection of Organic Certifications

(a) The Corporation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal suppression activities.

(b) In the event the Corporation or an employee or independent contractor of the Corporation inadvertently treats a certified organic or transitional grove or portion of a grove, either directly or through drift, with prohibited materials, other than an application allowed under emergency pest or disease treatment program provisions of Chapter 18 of this title (relating to Organic Standards and Certification), the Corporation will, to the extent appropriate, assist the citrus producer 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 Corporation, and where appropriate, the Department will investigate and seek such penalties as warranted under Chapter 76 of the Code, and Chapter 7 of this title (relating to Pesticides).

Source Note: The provisions of this §27.703 adopted to be effective December 6, 2015, 40 TexReg 8637