Sec. 74.125. ORGANIC COTTON GROWERS. (a) The commissioner shall develop rules and procedures to:
(1) protect the eligibility of organic cotton growers to be certified by the commissioner;
(2) ensure that organic and transitional certification by the commissioner continue to meet national certification standards in order for organic cotton to maintain international marketability; and
(3) in all events maintain the effectiveness of the boll weevil or pink bollworm eradication program administered under this subchapter.
(b) The board may not treat or require treatment of organic cotton fields with chemicals that are not approved for use on certified organic cotton. Plow-up may be required as an alternative to chemicals. Rules adopted under Subsection (a) may provide indemnity for the organic cotton growers for reasonable losses that result from a prohibition of production of organic cotton or from any requirement of destruction of organic cotton. If time is reasonably available for the production of an economically feasible alternative crop, the board may require mitigation of losses with the production of an alternative crop.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993. Amended by Acts 1995, 74th Leg., ch. 227, Sec. 19, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.23, eff. May 30, 1997.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Chapter 74 - Cotton Diseases and Pests
Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation
Section 74.101. Findings and Declaration of Policy
Section 74.1011. Designation of Entity to Carry Out Boll Weevil Eradication
Section 74.1021. Statutory Zones
Section 74.1041. Advisory Committees
Section 74.1042. Creation of Nonstatutory Eradication Zones
Section 74.105. Eradication Zone Referenda
Section 74.106. Board Elections
Section 74.107. Composition of Board
Section 74.108. Powers of Board and Commissioner
Section 74.1091. Separation of Responsibilities
Section 74.1095. Administrative Review
Section 74.110. Liability of Foundation Members, Officers, and Employees
Section 74.1101. Liability of Applicators
Section 74.111. Board Member Compensation
Section 74.112. Discontinuation of Program and Foundation and Disposition of Funds on Discontinuance
Section 74.113. Assessment Referenda
Section 74.1135. Alternative Method of Assessments
Section 74.114. Conduct of Board Elections and Referenda; Balloting
Section 74.115. Payment of Assessments; Assessment Liens
Section 74.116. Exemption From Assessment Penalties
Section 74.117. Entry of Premises; Eradication Activities; Inspections
Section 74.120. Authority to Adopt Rules
Section 74.123. Documenting Regulated Articles
Section 74.124. Cooperative Programs Authorized
Section 74.125. Organic Cotton Growers
Section 74.127. Sunset Provision
Section 74.129. Exemption From Lawsuits, Liability, Taxation, and Legal Process