PURPOSE: This rule states the date by which cotton fields shall be destroyed and the penalty for not meeting that specific date, and cases in which a penalty will not be issued in the boll weevil eradication program.

1. (1) All growers in the eradication zone are hereby required to destroy cotton stalks in every field location planted to cotton on or before February 1 of each year. Such cotton stalk destruction shall consist of shredding or discing to the extent of eliminating standing cotton stalks.

2. (2) Failure to destroy cotton stalks on or before February 1 of each year will result in a five dollars ($5) per acre penalty fee. In fields with cotton stalks left standing after February 1, the director shall have authority to destroy the standing stalks and assess the grower for actual costs of such destruction in addition to penalty fees. Any grower who cannot destroy cotton stalks before February 1 due to emergency or hardship conditions may apply for a waiver. Any grower applying for a waiver shall make application in writing to the director stating the conditions under which they request such a waiver. The decision of whether or not to waive this requirement shall be made by the director and notification given to the farm operator within two (2) weeks after receipt of such application. The decision shall be based on—

   1. (A) Meteorological conditions;
   2. (B) Economic hardship; and
   3. (C) Any other uncontrollable destructive forces. AUTHORITY: section 263.505, RSMo Supp. 1998.* Original rule filed June 29, 1999, effective Dec. 30, 1999.

*Original authority: 263.505, RSMo 1995.