SECTION 3.403. Withdrawal of Approval To Use Bio-intensive Control Methods

(a) Fields meeting foundation pest thresholds, and approved for bio-intensive control methods, must be treated within 48 hours of the foundation's notification to the grower or the grower's designee, or the foundation will withdraw approval in writing.

(b) If boll weevil numbers in traps or field infestations monitored by the foundation in the field(s) approved for bio-intensive control methods exceed those in a majority of fields within the foundation's work unit by 25% for any period of time during mid-season spraying, the foundation shall notify the grower of this event.

(c) If, after discussion between the grower and the foundation, no other alternative bio-intensive control method is available, the grower's approval to use a bio-intensive control method shall be withdrawn by the foundation and notice of withdrawal provided to the grower in writing.

(d) A grower may appeal the withdrawal of the certification to the department within five days of receipt of the notice of withdrawal. The grower shall provide a notice of the appeal to the foundation. The foundation shall not treat the grower's field while the department reviews the appeal. In making its decision on the appeal, the department shall consider the impact the decision will have on the overall success of the eradication program in the zone.

Source Note: The provisions of this §3.403 adopted to be effective September 7, 1998, 23 TexReg 9015; amended to be effective June 26, 2023, 48 TexReg 3405