Sec. 80.022. AUTHORITY TO ADOPT RULES. (a) The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in a pest management zone on which citrus plants are being grown that have been or are being treated to control or suppress pests.
(b) Rules adopted under this section shall establish the criteria by which the corporation develops its procedures and methods of treatment, which shall:
(1) establish a methodology for determining when pest population levels have reached economic significance or when disease is present;
(2) establish an effective treatment regimen that seeks to provide the least possible risk to workers, the public, and the environment;
(3) minimize the effects of the use of pesticides on long-term control methods, including but not limited to the effect a particular pesticide may have on biological controls;
(4) establish methods for monitoring pests;
(5) establish methods for verifying pesticide use reduction; and
(6) consider the acute and chronic toxicity of particular pesticides and the quantity of particular pesticides needed. Pest management zone treatment plans may take into account the potential for the use of smaller quantities of more toxic substances to result in fewer health and environmental risks than larger quantities of less toxic substances.
(c) The commissioner may adopt other reasonable rules necessary to carry out the purposes of this chapter. All rules issued under this chapter must be adopted and published in accordance with the laws of this state.
(d) An advisory committee may be established to assist the commissioner in the development of rules under this section. The advisory committee may be composed of:
(1) three citrus producers from the commercial citrus growing area of the state, appointed by the commissioner;
(2) three entomologists with knowledge of the principles of integrated pest management, at least one of whom has special knowledge of nonchemical or biological pest control, appointed by the commissioner;
(3) two individuals with experience representing the general interests of the environment, appointed by the chair of the Texas Commission on Environmental Quality;
(4) an environmental engineer with expert knowledge of ground and surface water protection from contamination, appointed by the chair of the Texas Commission on Environmental Quality; and
(5) a toxicologist, appointed by the commissioner of state health services.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 11, eff. September 1, 2015.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation
Section 80.001. Findings and Declaration of Policy
Section 80.002. Designation of Entity to Carry Out Citrus Pest and Disease Control and Suppression
Section 80.004. Advisory Committees
Section 80.005. Creation of Pest Management Zones
Section 80.006. Pest Management Zone Referenda
Section 80.007. Board Elections
Section 80.008. Composition of Board
Section 80.009. Powers of Board and Commissioner
Section 80.011. Administrative Review
Section 80.013. Board Member Compensation
Section 80.015. Assessment Referenda
Section 80.016. Conduct of Board Elections and Referenda; Balloting
Section 80.017. Payment of Assessments; Assessment Liens
Section 80.018. Exemption From Assessment Penalties
Section 80.019. Entry of Premises; Suppression Activities; Inspections
Section 80.022. Authority to Adopt Rules
Section 80.024. Documenting Regulated Articles
Section 80.025. Cooperative Programs Authorized
Section 80.026. Organic Citrus Producers
Section 80.028. Dissolution Provision
Section 80.030. Exemption From Taxation