1. (a) Commercial cotton shall not be planted in any area within an eradication zone where upon request of the foundation the department has determined that the location of that cotton would jeopardize the success of the eradication program in that zone or present a hazard to public health and safety. Such an area shall be designated by the department as a prohibited planting area.
2. (b) In making a determination as to whether or not planting of commercial cotton shall be prohibited in an area, the department may consider the factors listed in §3.23 of this title (relating to Protection of Individuals Livestock, Wildlife, and Honeybee Colonies) and §3.24 of this title (relating to Guidelines for Establishment of Foundation Rules, Procedures, and Methods of Treatment), and the recommendation of the foundation board.
3. (c) Noncommercial cotton shall not be planted in any eradication zone, except under a special permit issued by the department prior to planting.

Source Note:The provisions of this §3.52 adopted to be effective February 14, 1994, 19 TexReg 715.