(a) Any citrus producer who wishes to integrate a Corporation-approved bio-intensive control method in an active pest management zone shall request approval in writing and must agree to follow the bio-intensive control regime provided by the biological control scientific community from the Corporation at least 90 days prior to release of bio-intensive controls.
(b) The request shall be considered by the Corporation and shall be granted or denied in writing at least 30 days prior to planned release and/or application of bio-intensive controls, and if approved, certification issued designating the time period for which the approval is valid.
(c) In the request for use of bio-intensive controls, the producer must state:
  (1) the pest management approach for the previous year;
  (2) the specific locations and acreage of the citrus groves;
  (3) the alternative control(s) to be used and its source and availability;
  (4) the expected dates of release;
  (5) the duration and timing expected in using the control method(s);
  (6) the plan for coordinating the monitoring methods of target pest between the Corporation and the producer;
  (7) the producer's name, address and phone number;
  (8) the expected cost of use of bio-intensive control; and
  (9) other relevant information to be considered by the Corporation in determining the request for the use of alternative controls.
(d) In making its decision to grant approval for bio-intensive control methods in an active suppression program, the Corporation shall consider:
  (1) recommendations from the science advisory panel;
  (2) whether the producer has the fiscal means to pay for the alternative control method and pay any assessment;
  (3) the overall progress of the suppression program in the area and the location of the citrus on which bio-intensive methods are proposed to be used;
  (4) how the use of alternative methods would impact citrus in the pest management zone in question; and
  (5) the recommendation from the Corporation's Technical Advisory Committee.
(e) If an application is approved by the Corporation in accordance with subsection (b) of this section, the producer shall document release and/or application dates and outcomes, and make the records available to the Corporation at a pre-determined time, and stay in weekly contact with the Corporation's operation manager for the area for updates on pest numbers evaluated and area infestation levels.
(f) If the Corporation disapproves the request of an application in accordance with subsection (b) of this section, the producer may appeal the decision to the Department in accordance with the administrative review process set forth in §27.106 of this title (relating to Administrative Review). This process must be completed prior to implementation.

Source Note: The provisions of this §27.601 adopted to be effective December 6, 2015, 40 TexReg 8637