SECTION 3.401. Request for Approval To Use Bio-intensive Control Method(s)

(a) Any cotton producer who wishes to use a bio-intensive control method in an active boll weevil eradication zone shall request approval in writing from the foundation at least 90 days prior to traditional cotton planting dates in the area in which the grower farms. Exceptions are:

(1) for the use of traditional cultural practices like delayed uniform planting or early stalk destruction; and

(2) for fields on which a grower has certified organic production.

(b) The request shall be considered by the foundation and shall be granted or denied in writing at least 30 days prior to traditional planting time, and if approved, certification issued designating the time period for which the approval is valid.

(c) In the request for use of bio-intensive controls, the grower must state:

(1) the specific locations of the cotton fields;

(2) the alternative control(s) to be used and its source and availability;

(3) the expected date of crop planting;

(4) the duration and timing expected in using the control method(s);

(5) any scientific or field study trials relevant to the request;

(6) the expected cost for using the alternative method;

(7) the plan for coordinating the monitoring methods between the foundation and the grower;

(8) the grower's name, address and phone numbers; and

(9) other pertinent information the grower wishes to be used in determining approval for the use of bio-intensive controls.

(d) In making its decision to grant approval for bio-intensive control methods in an active boll weevil eradication program, the foundation shall consider:

(1) any and all scientific or field study trials relevant to the requested alternative method, giving special attention to studies conducted in similar growing regions;

(2) whether the grower has the fiscal means to pay for the alternative control method and pay any assessment;

(3) the overall progress of the boll weevil eradication program in the area and the location of the cotton on which alternative methods are proposed to be used;

(4) how the use of alternative methods would impact cotton in the eradication zone in question; and

(5) the recommendation from the foundation's technical committee.

(e) If a bio-intensive control method is approved by the foundation in accordance with subsection (b) of this section, the grower shall document treatment dates and outcomes, and make the records available to the foundation at a pre-determined time, and stay in weekly contact with the foundation's Field Unit Supervisor for the grower's area to provide updates on boll weevil numbers trapped and area boll weevil infestation counts.

(f) If the foundation disapproves the request to use bio-intensive control methods in accordance with subsection (b) of this section, the grower may appeal the decision in writing, within 10 days of receipt of the notification of disapproval, to the department and furnish any additional information the grower wants considered. The department shall determine whether the foundation complied with this subchapter in making its decision and rule on the appeal within 15 days of the receipt of the grower's filing of an appeal. This process must be completed prior to traditional planting dates.

Source Note: The provisions of this §3.401 adopted to be effective September 7, 1998, 23 TexReg 9015; amended to be effective June 26, 2023, 48 TexReg 3405