reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.117 - Upper Coastal Bend Boll Weevil Eradication Zone

Current through Reg.
				  49, No. 28; July 12, 2024
The Upper Coastal Bend Boll Weevil Eradication Zone shall
					 consist of the following area: all of Austin, Brazoria, Colorado, Fort Bend,
					 Jackson, Matagorda, and Wharton counties, and that part of Waller County lying
					 south of State Highway 159 from the Austin County line north and east to
					 Hempstead, then east on State Highway 6/290 to the Harris County
					 line.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.118 - Panhandle Boll Weevil Eradication Zone

Current through Reg. 49, No.
				  28; July 12, 2024
The Panhandle Boll Weevil Eradication Zone shall consist of
					 the following area: all of Carson, Dallam, Hansford, Hartley, Hemphill,
					 Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Roberts and Sherman
					 counties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.119 - Lower Rio Grande Valley Boll Weevil Eradication Zone

Current through
				  Reg. 49, No. 28; July 12, 2024
The Lower Rio Grande Valley Boll Weevil Eradication Zone
					 shall consist of the following area: all of Brooks, Cameron, Hidalgo, Jim Hogg,
					 Kenedy, Maverick, Starr, Webb, Willacy, and Zapata counties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter F - GENERAL PROCEDURES › Section 3.201 - Approval by the Commissioner of Agriculture

Current through Reg. 49,
				  No. 28; July 12, 2024
The Texas Boll Weevil Eradication Foundation (foundation)
					 is required to obtain approval from the commissioner of agriculture as
					 follows.
(1) Approval must be obtained
				  in writing from the commissioner for the borrowing of money to fund operations
				  of the foundation.
(A) An approval request for
				  the borrowing of money must first be approved by the foundation's board in open
				  meeting.
(B) Once approved by the
				  board, the request for approval to borrow money must be submitted to the
				  commissioner in writing at least 30 days before the date of the actual
				  borrowing transaction and include:
(i) name
				  and address of lender;
(ii) amount
				  to be borrowed;
(iii) copy of terms
				  of agreement for borrowing and supporting documentation;
(iv) a statement of justification for
				  choosing the lender including other options considered; and
(v) any other information requested by the
				  commissioner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter F - GENERAL PROCEDURES › Section 3.202 - Reporting Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Texas Boll
				  Weevil Eradication Foundation (foundation) shall provide the department with a
				  copy of its annual audit within 30 days of the audit's completion. Included
				  with the audit shall be any accompanying letters to management from the
				  auditor.
(b) The foundation shall
				  file with the department an annual report within 45 days of the end of its
				  preceding fiscal year. The annual report shall include, at a minimum:
(1) a balance sheet of assets, liabilities,
				  and fund equity;
(2) an itemization
				  of income/expenditures;
(3) a
				  statement of eradication activities carried out in the year covered by the
				  report, by eradication zone;
(4)
				  information regarding the name and quantity of pesticides used in the program
				  by eradication zone; and
(5) copies
				  of any resolutions adopted by the foundation's board regarding the eradication
				  program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter F - GENERAL PROCEDURES › Section 3.203 - Cost-sharing Program

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Statement of
				  Purpose and Authority. In accordance with the Texas Agriculture Code (Code),
				  Chapter 74, Subchapter E, the department is authorized to contract with the
				  Texas Boll Weevil Eradication Foundation (foundation) to carry out boll weevil
				  eradication to obtain boll weevil eradication services for the state of Texas
				  as part of a cost-sharing program. This section sets forth requirements and
				  procedures for the implementation of the cost-sharing program.
(b) Eradication zone eligibility.
(1) The department may spend money under the
				  cost-sharing program only in a boll weevil eradication zone in which:
(A) a boll weevil eradication project
				  authorized under the Code, Chapter 74, Subchapter D is active; or
(B) boll weevil eradication has been declared
				  complete by the United States Department of Agriculture or its
				  designee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter F - GENERAL PROCEDURES › Section 3.205 - Administrative Review

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Filing of
				  request.
(1) Any person who believes they
				  have been aggrieved in connection with an action of the Texas Boll Weevil
				  Eradication Foundation (the foundation) may file a request for administrative
				  review by the department under the Texas Agriculture Code, §
											74.1095.
(2) A request must be in writing and received
				  by the department within 90 days after the action that forms the basis of the
				  complaint. Formal requests must comply with the following requirements, and
				  shall be resolved in accordance with the procedure set forth below. Copies of
				  the request and any supporting documentation must be mailed or delivered by the
				  requesting party to the department and the foundation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter G - TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE › Section 3.301 - Mason County

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All of the
				  following area located in Mason County shall be added to the statutorily
				  designated Southern Rolling Plains Boll Weevil Eradication Zone described at
				  the Texas Agriculture Code, §
										RSA
				  74.1021(f).
(b) The addition of all of Mason County to
				  the Southern Rolling Plains Zone shall be effective upon the passage of a
				  grower referendum in Mason County approving the addition.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter G - TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE › Section 3.302 - Armstrong County

Current through Reg. 49, No. 28; July 12,
				  2024
All of the following area located in Armstrong County shall
					 be transferred from the statutorily designated Northern High Plains Boll Weevil
					 Eradication Zone described at the Texas Agriculture Code, §
										RSA
					 74.1021(a) to the Northern
					 Rolling Plains Boll Weevil Eradication Zone designated at §
										RSA
					 3.112 of this title (relating to Northern
					 Rolling Plains Boll Weevil Eradication Zone): that part of Armstrong County
					 that lies east and north of a line running along FM 294 from the Carson County
					 line to State Highway 287; then running due south to Mulberry Creek; then
					 running east along Mulberry Creek to the Donley County line.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter G - TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE › Section 3.303 - Randall County

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All of the
				  following area located in Randall County shall be transferred from the
				  statutorily designated Northern High Plains Boll Weevil Eradication Zone
				  described at the Texas Agriculture Code, §
										RSA
				  74.1021(a) to the Northwest
				  Plains Boll Weevil Eradication Zone designated at §
										RSA
				  3.113 of this title (relating to Northwest
				  Plains Boll Weevil Eradication Zone): that part of Randall County that lies
				  north and west of a line running along Highway 60 from the Deaf Smith County
				  line east to Interstate 37; then running north along Interstate Highway 27 to
				  the Potter County line.
(b) The
				  transfer of the area of Randall County described in subsection (a) of this
				  section from the Northern High Plains Zone to the Northwest Plains Zone shall
				  be effective upon the passage of a grower referendum in that area approving the
				  transfer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter G - TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE › Section 3.304 - Kent County and Portions of Motley, Dickens, Garza, Floyd, and Crosby Counties

Current through Reg. 49, No. 28; July 12, 2024
(a) All of the following area located in
				  Kent, Motley, Dickens, Garza, Floyd, and Crosby Counties shall be transferred
				  from the statutorily designated Northern High Plains and Southern High
				  Plains/Caprock Boll Weevil Eradication Zones described at the Texas Agriculture
				  Code, §
										RSA
				  74.1021(a) to the Northern
				  Rolling Plains Boll Weevil Eradication Zone designated at §
										RSA
				  3.112 of this title (relating to Northern
				  Rolling Plains Boll Weevil Eradication Zone): all of Kent County, that part of
				  Garza County that lies below of the Caprock escarpment, that part of Crosby
				  County that lies below the Caprock escarpment, that part of Dickens County that
				  lies below the Caprock escarpment, that part of Floyd County that lies north
				  and east of a line running along FM 97 beginning at the Motley County line;
				  continuing west to the Caprock escarpment; and continuing north along the
				  Caprock escarpment to the Briscoe County line; and that part of Motley County
				  that lies south of a line running along the North Pease River beginning at the
				  intersection of the North Pease River and the Hall County line; continuing
				  southwest to Quitaque Creek; and continuing northwest along Quitaque Creek to
				  the Floyd County line.
(b) The
				  transfer of the area described in subsection (a) of this section from the
				  Northern High Plains and Southern High Plains/Caprock Zones to the Northwest
				  Plains Zone shall be effective upon the passage of a grower referendum in that
				  area approving the transfer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter G - TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE › Section 3.305 - Portions of Motley and Briscoe Counties

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) All of the following area located in
				  Motley and Briscoe Counties shall be transferred from the statutorily
				  designated Northern High Plains and Southern High Plains/Caprock Boll Weevil
				  Eradication Zones described at the Texas Agriculture Code, §
										RSA
				  74.1021(a) to the Northern
				  Rolling Plains Boll Weevil Eradication Zone designated at §
										RSA
				  3.112 of this title (relating to Northern
				  Rolling Plains Boll Weevil Eradication Zone): that part of Motley County that
				  lies north of a line running along the North Pease River beginning at the
				  intersection of the North Pease River and the Hall County line; continuing
				  southwest to Quitaque Creek; and continuing northwest along Quitaque Creek to
				  the Floyd County line and that part of Briscoe County that lies east of a line
				  running along Hackberry Creek from its intersection with the Armstrong County
				  line to its intersection with the Prairie Dog Town Fork of the Red River;
				  continuing south along Cherokee Creek from its intersection with the Prairie
				  Dog Town Fork of the Red River to County Road 27; continuing south along County
				  Road 27 to Hwy 256; continuing west along Hwy 256 to the Caprock escarpment;
				  and continuing south along the Caprock escarpment to the Floyd County
				  line.
(b) The transfer of the area
				  described in subsection (a) of this section from the Northern High Plains and
				  Southern High Plains/Caprock Zones to the Northwest Plains Zone shall be
				  effective upon the passage of a grower referendum in that area approving the
				  transfer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter G - TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE › Section 3.306 - Menard County

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All of Menard
				  County shall be added to the statutorily designated Southern Rolling Plains
				  Boll Weevil Eradication Zone described at the Texas Agriculture Code, §
										RSA
				  74.1021(f).
(b) The addition of all of Menard County to
				  the Southern Rolling Plains Zone shall be effective upon the passage of a
				  grower referendum in Menard County approving the addition.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter H - USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES › Section 3.400 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Bio-intensive
				  control--The use of biologically based pest control tactics, rather than
				  traditional chemical control methods. Biologically based pest control tactics
				  include biological controls, resistant host plants, cultural controls,
				  botanical insecticides, or sterile insect techniques that cause little or no
				  detrimental effect on non-target organisms.
(2) Foundation--Texas Boll Weevil Eradication
				  Foundation, Inc.
(3) Work
				  unit--That area of cotton within a boll weevil eradication zone overseen by a
				  Foundation Field Unit Supervisor.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter H - USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES › Section 3.401 - Request for Approval To Use Bio-intensive Control Method(s)

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter H - USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES › Section 3.402 - Treatment of Fields Approved for Use of Alternate Control Methods

Current through Reg. 49, No. 28; July 12, 2024
The foundation shall not treat with its regular regimen of
					 chemical applications fields for which a grower has been approved to use
					 alternative control methods.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter H - USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES › Section 3.403 - Withdrawal of Approval To Use Bio-intensive Control Methods

Current
				  through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter H - USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES › Section 3.404 - Payment of Costs of Bio-Intensive Controls

Current through Reg. 49, No.
				  28; July 12, 2024
Under all circumstances, any grower who uses alternative
					 methods for treating boll weevils shall pay any additional cost of
					 bio-intensive controls in addition to any assessment required to be paid by
					 growers in the zone in accordance with the Texas Agriculture Code, Chapter 74,
					 Subchapter D.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter H - USE OF BIO-INTENSIVE CONTROLS IN ACTIVE BOLL WEEVIL ERADICATION ZONES › Section 3.405 - Annual Approval

Current through Reg. 49, No. 28; July 12,
				  2024
A grower must apply for approval
					 annually.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.500 - Statement of Purpose/Authority

Current through Reg. 49, No. 28;
				  July 12, 2024
The Texas Agriculture Code (the Code), Chapter 74,
					 Subchapter D, 74.115, as amended by Senate Bill 631, enacted by the 76th
					 Legislature, 1999 (Senate Bill 631), provides that the Texas Boll Weevil
					 Eradication Foundation, Inc. (the foundation) may develop a compliance
					 certificate program to manage the payment and collection of an assessment
					 levied under the Code, Chapter 74, Subchapter D, and, subject to rules adopted
					 by the Texas Department of Agriculture (the department) and the Commissioner of
					 Agriculture (the commissioner), may issue a compliance certificate for cotton
					 for which an assessment has been paid. In addition, 74.115(d), as amended,
					 provides for an assessment lien in favor of the foundation in the amount of an
					 assessment that is due and unpaid. A cotton buyer takes free of the assessment
					 lien if the buyer receives a compliance certificate issued by the foundation
					 that certifies that the assessment has been paid to the foundation or if the
					 buyer pays for the cotton by a check on which the department is named as a
					 joint payee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.501 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions set out in the Texas
					 Agriculture Code, Chapter 74, Subchapter D, the following words and terms when
					 used in this subchapter shall have the following meanings, unless the context
					 clearly indicates otherwise.
(1)
				  Active eradication zone - A boll weevil eradication zone established under the
				  Texas Agriculture Code, Chapter 74, Subchapter D, in which cotton growers by
				  referendum have approved their participation in a boll weevil or pink bollworm
				  eradication or suppression program and have approved an assessment to fund
				  costs of implementing the program, and in which the Foundation has begun
				  operations.
(2) First buyer of
				  cotton - A buyer who buys cotton from a cotton grower and disburses funds to
				  the grower for the purchase of cotton.
(3) Department - Texas Department of
				  Agriculture
(4) Due and unpaid- An
				  assessment is due and unpaid if it has not been paid after the due date set by
				  the commissioner for payment, and no written agreement has been made with the
				  foundation to pay the assessment.
(5) FSA - The Farm Service Agency of the
				  United States Department of Agriculture
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.502 - Approval of Assessment Rates and Collection Dates

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) Each year, the foundation shall recommend
				  assessment rates, the date a notice of assessment will be sent, and assessment
				  due dates for each active eradication zone to the department for consideration
				  by the commissioner.
(b) The
				  Commissioner will review these proposals and determine the assessment rates and
				  due dates for each zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.503 - Notice of Assessment to Grower

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  Foundation shall send notice of assessments to each cotton grower in each
				  active zone who has certified cotton acreage with the FSA or has reported
				  cotton acreage to the foundation. Notice shall be sent at least 30 days before
				  the date set by the commissioner as the due date for assessments in that
				  zone.
(b) If special circumstances
				  prevent the Foundation from meeting this deadline, the foundation must receive
				  a written waiver from the Commissioner.
(c) The notice of assessment shall include
				  the grower's farm number(s) or the foundation's field identification number if
				  the acreage has not been certified with the FSA, counties in which farms are
				  located and identification number (such as social security number or taxpayer
				  identification number) and shall inform the grower of the following:
(1) the date the assessment is due;
(2) the full amount of their
				  assessment;
(3) information
				  relating to an early payment discount;
(4) information relating to payment after the
				  due date; and
(5) that an automatic
				  lien will attach to the cotton grown on the acreage which is the subject of the
				  assessment and perfect 60 days after the date of the notice of assessment
				  unless the assessment is paid by that date, or written arrangements are made
				  with the foundation by that date to pay the assessments.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.504 - Payment of Assessments, Incentives for Early Payment; Penalties for Late Payment; Website

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All assessments
				  are due in full, postmarked to the foundation on or before the due date set by
				  the commissioner each year.
(b) Any
				  grower who pays the full amount of the assessment 15 or more days before the
				  due date will be entitled to a reduction in the total amount of their
				  assessment of not less than 2.0%.
(c) Any grower who has not paid the amount of
				  the assessment by the due date will be charged a late fee not to exceed 1.5%
				  per month of the total amount due to the foundation.
(d) Assessments not paid 30 days or more
				  after the due date may be referred to the department for assessment of
				  administrative penalties in accordance with the Texas Agriculture
				  Code§74.115, as amended by Senate Bill 631 and §
										RSA
				  3.74 of this title (relating to Penalties for
				  Non-payment of Assessment and Failure to Timely Report Acreage).
(e) The foundation shall maintain a
				  limited-access website that is Y2K compliant. This website shall list by zone
				  growers whose assessments are due and unpaid beginning the date that the
				  assessment lien established by the Code, §74.115 attaches and is
				  perfected. Any grower whose name does not appear on this listing on the date
				  the first buyer of cotton disburses funds to the grower, shall be considered as
				  having paid the assessment in full. The specific information on this website
				  shall include all of the information required to be included on a compliance
				  certificate as described in §
										RSA 3.505
				  of this title (relating to Compliance Certificates) and any other information
				  deemed necessary by the department. The website shall be updated as information
				  is received by the Foundation, but at least daily during normal business hours.
				  Access to the website shall be provided to known first buyers of cotton
				  including cotton merchants, cotton marketing cooperatives, cotton gins and
				  lenders. Access to the website may also be provided to others, as
				  appropriate..
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.505 - Compliance Certificates

Current through Reg. 49, No. 28; July 12,
				  2024
(a) When a grower
				  has paid all assessments for a farm or for all farms for which an assessment is
				  due from the grower, in full for the current crop year, the foundation shall
				  issue a compliance certificate to that grower for that farm and/or for all
				  farms on which an assessment is due from that grower and has been paid in
				  full.
(b) This compliance
				  certificate shall include the following information:
(1) The name of the grower;
(2) The grower's identification number. This
				  shall be either a social security number or tax identification
				  number;
(3) All farm numbers on
				  which the grower has an interest in cotton and the full assessment has been
				  paid. This shall include a listing of the county and the farm number as
				  certified by the FSA, or the foundation's identification number for that farm
				  in the event that the farm is not certified with FSA.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.506 - Attachment of Lien on Harvested Cotton

Current through Reg. 49, No.
				  28; July 12, 2024
(a) An
				  assessment lien established under the Texas Agriculture Code, §
										RSA
				  74.115, as amended by Senate Bill 631
				  (assessment lien) attaches and is perfected 60 days after the date the
				  foundation mails notice of an assessment due and owing by a cotton grower
				  certifying or reporting cotton production within an active eradication
				  zone.
(b) The assessment lien
				  attaches to cotton produced and harvested from acreage subject to the
				  assessment that assessment year for the amount of the assessment which is due
				  and unpaid, as defined by §
										RSA 3.501 of this
				  title (relating to Definitions), for that assessment year.
(c) The assessment lien attaches only as to
				  the first buyer of cotton and subsequent buyers take the cotton free of the
				  assessment lien.
(d) A first buyer
				  of cotton takes free of the assessment lien if the buyer receives a compliance
				  certificate or other acceptable documentation as described in §
										RSA 3.505
				  of this title (relating to Compliance Certificates).
(e) A first buyer of cotton also takes free
				  of the assessment lien if the buyer pays for the cotton with a check naming the
				  department as a joint payee, or writes a separate check for the full amount of
				  the unpaid assessment naming the department as the sole payee.
(f) In the event a check is issued naming the
				  department as a joint payee:
(1) The grower
				  should contact the department or the foundation for instructions on how to
				  proceed to obtain an endorsement of the check and a release of lien.
(2) If a check is issued to a lender or other
				  entity as well as the department and the grower, and the lender or other entity
				  is entitled to all or a portion of the proceeds from the sale resulting in only
				  a partial or no payment of the assessment, the grower must provide
				  documentation adequate to establish the amount of the lien owed to the lender
				  or other entity, prior to endorsement of the check by the department and
				  release of the assessment lien by the Foundation.
(3) In addition to paying the assessment owed
				  in full or providing documentation that a superior lien holder has claim to all
				  or a portion of the proceeds from sale of the cotton, before the department
				  will release an endorsed check to the grower and the foundation issues a
				  release of lien, the grower shall verify that no other liens exist as to the
				  cotton which is the subject of the assessment lien by executing an affidavit to
				  that effect.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.507 - Notice to Buyers

Current through Reg. 49, No. 28; July 12,
				  2024
Notwithstanding any other provisions of this
					 subchapter:
(1) Once a lien is
				  perfected and attaches in accordance with the Texas Agriculture Code, §
										RSA
				  74.115, as amended by Senate Bill 631, the
				  lien established will be solely against cotton growers and first buyers of
				  cotton, as defined by §
										RSA 3.501 of this
				  title (relating to Definitions), and will be subject to and pre-empted by the
				  Food Security Act of 1985 (RSA
				  1631), and the lien notice provisions thereof
				  to first buyers of cotton, to be given by the foundation.
(2) The lien established by § 74.115 is
				  not effective or enforceable against a first buyer of cotton until the written
				  notice described in paragraph (1) of this section is received by the
				  buyer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.508 - Lien Priority

Current through Reg. 49, No. 28; July 12,
				  2024
An assessment lien placed in accordance with this section
					 is not a priority lien, and does not have superior status to prior liens on the
					 harvested cotton to which the lien is attached under this subchapter and the
					 Texas Agriculture Code, §
										RSA
					 74.115, as amended by Senate Bill
					 631.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter I - COMPLIANCE CERTIFICATE PROGRAM RULES › Section 3.509 - Release of Lien

Current through Reg. 49, No. 28; July 12,
				  2024
The foundation will issue a release of lien to the
					 grower:
(1) once the assessment has
				  been paid in full or adequate documentation has been provided to establish that
				  a prior lienholder is entitled to all or a portion of proceeds of the sale of
				  cotton that would be paid towards the assessment; and
(2) the grower has executed an affidavit
				  verifying that no other lienholders are entitled to the proceeds of the cotton,
				  which is subject to the assessment lien.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.600 - Statement of Purpose and Authority

Current through Reg. 49, No. 28;
				  July 12, 2024
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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.601 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Active
				  eradication zone--A boll weevil eradication zone established in accordance with
				  the Texas Agriculture Code, Chapter 74, Subchapter D, in which a referendum of
				  cotton growers has been held and both the establishment of an eradication
				  program and a maximum assessment have been approved by growers for that zone
				  and eradication activities are in progress or the zone has been declared
				  eradicated by the commissioner.
(2)
				  Certified organic crop--A crop which has undergone independent third-party
				  verification by the department or a registered private certifying agent that
				  the crop has been produced in compliance with the Texas Organic Standards,
				  Chapter 18 of this title (relating to Organic Standards and Certification), and
				  qualified for full organic status, including the requirement that the land on
				  which the crop is grown has had no prohibited substances applied for at least
				  36 months prior to harvest.
(3)
				  Foundation--The Texas Boll Weevil Eradication Foundation, Inc.
(4) Plow-up--To shred or plow in a manner
				  which destroys all hostable plants.
(5) Transitional crop--A crop which has
				  undergone independent third-party verification by the department or a
				  registered private certifying agent that the crop has been produced on land in
				  compliance with the transitional certification requirements in §
										18.300 of this title (relating to
				  Transitional Certification Requirements).
(6) Trap count--The number of boll weevils
				  recorded as captured in a pheromone trap as inspected on a routine basis by an
				  employee of the foundation.
(7)
				  Trigger levels--Standards established by the foundation for the number of
				  weevils recorded in a trap or for the number of boll weevils trapped per acre
				  that would initiate further action by the foundation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.602 - Planting of Certified Organic or Transitional Cotton in Active Eradication Zones

Current through Reg. 49, No. 28; July 12,
				  2024
The decision on whether to plant certified organic or
					 transitional cotton in any field located in an active eradication zone will be
					 made solely by the grower producing the crop, subject to any designations of
					 prohibited growing areas under the Code, §74.118, and rules adopted
					 thereunder. Neither the foundation nor the department will urge or persuade, in
					 any way, a grower to plant or not to plant certified organic or transitional
					 cotton. This provision shall not affect the rights of the parties to negotiate
					 in good faith pursuant to §
										3.607 of this chapter (relating to
					 Eligibility for Indemnification).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.603 - Communication with Organic Producers; Notification of Organic Production

Current through Reg. 49, No. 28; July 12, 2024
(a) Growers applying for or holding certified
				  organic or transitional organic certification with the department or a
				  registered private certifying agent and who intend to devote acres to organic
				  or transitional crops must submit all appropriate documentation to the
				  department's Organic Certification Program, in accordance with Chapter 18 of
				  this title (relating to Organic Standards and Certification), in order to be
				  recognized by the foundation as a certified organic or transitional grower for
				  purposes of this section.
(b) The
				  department will contact all producers with certified organic or transitional
				  acreage in an active boll weevil eradication zone before January 15 of each
				  year by sending notice to the address on file with the department's Organic
				  Certification Program for the grower. These producers will be informed that
				  they should notify the foundation of their planting intentions no later than
				  the date of planting the crop. It is the responsibility of the grower to inform
				  the foundation of the location of all certified organic or transitional
				  production within an active boll weevil eradication zone.
(c) The foundation will communicate with all
				  growers of certified organic or transitional crops in active eradication zones
				  to discuss eradication activities in and around the production of such crops
				  and to plan measures to minimize problems such as drift.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.604 - Protection of Organic Certification

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  foundation will take steps reasonably necessary to protect the certification of
				  organic crops during the course of its normal eradication activities.
(b) In the event the foundation or an
				  employee or independent contractor of the foundation inadvertently treats a
				  certified organic or transitional field or portion of a crop, either directly
				  or through drift, with prohibited materials, the foundation will, to the extent
				  appropriate, assist the grower 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
				  foundation, and where appropriate, the department will investigate and seek
				  such penalties as warranted under the Texas Agriculture Code, Chapter 76, and
				  Chapter 7 of this title (relating to Pesticides).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.605 - Trigger Levels

Current through Reg. 49, No. 28; July 12,
				  2024
(a) During the
				  first season of treatment in an active boll weevil eradication zone, the
				  "diapause" phase of the program, all organic producers may plant certified
				  organic or transitional cotton consistent with §
										3.602 of this chapter (relating to
				  Planting of Certified Organic or Transitional Cotton in Active Eradication
				  Zones), without regard to boll weevil trap captures. Producers will be required
				  to communicate with the foundation as prescribed in §
										3.603 of this chapter (relating to
				  Communication with Organic Producers; Notificationof Organic
				  Production).
(b) Certified organic
				  or transitional cotton fields in active boll weevil eradication zones will
				  adhere to the same trap count trigger levels that are set by the foundation and
				  pursuant to subsection (c) of this section for conventional cotton fields in
				  that zone beginning in the first season-long phase of the program and
				  continuing each season thereafter.
(c) Trap count triggers will be set under the
				  following conditions.
(1) The foundation will
				  inform organic growers of the trigger levels at the beginning of each
				  season.
(2) The trap count trigger
				  level may change during the season, and when these changes are made, the
				  foundation will inform organic growers at least 48 hours prior to implementing
				  a new trap count trigger level.
(3)
				  Traps around organic cotton fields will be checked at the same interval as
				  traps around conventional fields in the same zone.
(4) The establishment of the trap count
				  trigger level and placing of traps will be based on sound scientific and
				  entomological considerations and shall be implemented in a fair and equitable
				  manner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.606 - Crop Destruction; Extensions

Current through Reg. 49, No.
				  28; July 12, 2024
(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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter J - ORGANIC COTTON RULES › Section 3.607 - Eligibility for Indemnification

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Certified
				  organic and/or transitional cotton growers in active eradication zones may
				  negotiate and enter into voluntary indemnification agreements with the
				  foundation provided that those agreements are negotiated and made in good faith
				  by both parties and are approved by the commissioner.
(b) Until each respective zone is declared
				  eradicated by the commissioner, certified organic and/or transitional cotton
				  growers in eradication zones that are active at the time this rule becomes
				  effective will be eligible for compensation under the following conditions.
(1) The grower must have planted certified
				  organic or transitional cotton during or prior to the 1999 crop year.
(2) The grower's base acreage will be based
				  on the grower's choice of one of the following:
(A) row acres planted to certified organic
				  and transitional cotton in 1999; or
(B) an average of row acres planted to
				  certified organic and transitional cotton in the 1997, 1998, and 1999 crop
				  years.
(3) Until each
				  respective zone is declared eradicated by the commissioner, certified organic
				  and/or transitional cotton growers in the Southern Rolling Plains, South
				  Texas/Winter Garden, and Rolling Plains Central Boll Weevil Eradication Zones
				  will be assigned a base acreage by the commissioner based upon historical
				  production of organic and/or transitional cotton by that grower.