SECTION 3.606. Crop Destruction; Extensions

(a) Crop destruction. A grower who has been notified that destruction of the grower's organic cotton crop is necessary will have no more than seven calendar days from the date of receipt of notification to destroy that crop by plow-up.

(b) Extension requests. A request for a deadline extension will be handled as follows.

(1) The department may, on written request by a grower, grant an extension of the destruction deadline. Request for extensions may be granted for the following reasons:

(A) weather factors;

(B) illness;

(C) mechanical failure; or

(D) other good cause, as determined by the department.

(2) A written request for an extension of the destruction deadline must be submitted on a form prescribed by the department.

(3) Request forms may be obtained from either the department or the foundation.

(4) Failure to complete the form in its entirety may result in denial of the request.

(5) All requests for extensions shall be postmarked on or prior to the destruction deadline.

(c) Penalties for not destroying a crop by the deadline.

(1) If the crop is not destroyed within seven calendar days of the date of notification or expiration of an approved extension, the compensation the grower is entitled to under §3.608 of this chapter (relating to Calculation of Indemnity or Compensation), for that acreage will be decreased by 50%.

(2) If the crop is not destroyed within 14 calendar days of the date of notification or expiration of an approved extension, the grower will no longer be entitled to compensation under §3.608 of this chapter, for that acreage.

(3) The department may assess an administrative penalty of not more than $5,000 per day if the crop is not destroyed within 15 calendar days after the date of notification or expiration of an approved extension.

(4) If the crop is not destroyed by the 15th day after the date of notification or expiration of an approved extension, the department or its designee may destroy the crop.

Source Note: The provisions of this §3.606 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405