1. (a) Crop destruction. A grower who has been notified that destruction of their 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.

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

   1. (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:

      1. (A) weather factors;
      2. (B) illness;
      3. (C) mechanical failure; or
      4. (D) other good cause, as determined by the department.
   2. (2) A written request for an extension of the destruction deadline must be submitted on a form prescribed by the department.
   3. (3) Request forms may be obtained from either the department or the foundation.
   4. (4) Failure to complete the form in its entirety may result in denial of the request.
   5. (5) All requests for extensions shall be postmarked on or prior to the destruction deadline

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

   1. (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 title (relating to Calculation of Indemnity), for that acreage will be decreased by 50%.
   2. (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 title, for that acreage.
   3. (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. (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.

4. (d) Choosing conventional treatment.

   1. (1) In lieu of crop destruction, a grower who qualifies under the emergency pest and disease treatment program provisions of Chapter 18 of this title may notify the foundation and the department in writing that he or she desires conventional treatment within three days of receiving notice that the field must be treated or destroyed. Under Chapter 18 of this title, any harvested crop or plant part to be harvested that has been treated cannot be sold, labeled, or represented as Organically Produced or Transitional-Organic Certification Pending; this treatment will not affect the certification status of the operation or future crops.
   2. (2) Such notification must be provided in writing to both the foundation and the department and must be postmarked, if sent by mail, or faxed at least four days before the destruction deadline.
   3. (3) Once notified, the foundation shall approve or deny in writing, to the grower and the department, the request for conventional treatment within 48 hours. If the request is approved, the foundation may treat the crop with conventional methods. Should the request be denied, the grower, or if the grower refuses, the department or its designee, must destroy the crop as outlined in subsections (a) and (c) of this section.
   4. (4) Once the foundation has approved the grower's request for conventional treatment, the Foundation will treat the field in the same manner as all conventional cotton fields in the same zone.
   5. (5) A grower whose cotton is approved for treatment by the foundation and is treated under Chapter 18 of this title, will be entitled to compensation under §3.608, subsection (h), of this title (relating to Calculation of Indemnity or Compensation), for that acreage.

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.