SECTION 3.600. Statement of Purpose and Authority

The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.1011 designates the Texas Boll Weevil Eradication Foundation, Inc. (the foundation) as the entity to carry out boll weevil and pink bollworm eradication in Texas. The Code, §74.120, provides the Commissioner of Agriculture with the authority to adopt reasonable rules to carry out the purposes of Chapter 74, Subchapter D. The Code, §74.125 provides that the Commissioner shall adopt rules and procedures to protect the eligibility of certified organic and transitional cotton production in active eradication zones and ensure that organic and transitional certification by the commissioner continue to meet national certification standards in order for organic cotton to maintain international marketability, while ensuring the ultimate success of the boll weevil eradication program in Texas. Section 74.125 further provides that rules adopted under that section may provide indemnity for the organic cotton growers for reasonable losses that result from a prohibition of production of organic cotton or destruction of organic cotton. Mitigation of losses with production of an alternative crop may be required by the foundation board of directors. The foundation board may not treat or require treatment of organic cotton with chemicals that are not allowed for use on certified organic cotton except as provided in Chapter 18 of this title (relating to Organic Standards and Certification). Plow-up of an organic cotton field may be required as an alternative to treatment with chemicals.

Source Note: The provisions of this §3.600 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209