1. (a) The foundation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal eradication activities.
2. (b) In the event the foundation or an individual working for 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 indemnify the grower in accordance with subsection (d) of this section. This indemnification will continue on an annual basis until the earliest date that the exposed field or crop is eligible to return to the status it held prior to the inadvertent treatment by the foundation.
3. (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.
4. (d) In the event of a confirmed case of direct treatment or drift of chemical applied for or by the foundation, the grower will receive just and reasonable compensation in an amount recommended by the foundation board and approved by the commissioner.

Source Note:The provisions of this §3.604 adopted to be effective May 15, 2000, 25 TexReg 2992.