(a) Definitions.
  (1) Eligible acreage--The acreage, planted to certified organic or transitional citrus, determined as provided in §27.705 of this title (relating to Eligibility for Indemnification), and identified for that grove as described in this paragraph. Organic or transitional citrus must be planted on this acreage by the organic certification date submitted to the Corporation.
  (2) Yield--The yield per acre will be determined by using the Actual Production History per acre planted to citrus for that farm, or if registered for crop insurance verified by the Risk Management Agency.
  (3) Conventional Price--The conventional citrus price will be determined by the USDA marketing order.
(b) When a citrus producer is entitled to indemnification as a result of crop destruction, the Corporation will indemnify the citrus producer in accordance with the following formula: A (Organic Price) - B (Conventional Price) = C (Compensation)
(c) The Commissioner will resolve any dispute between the citrus producer and the Corporation regarding the amount of indemnification.

Source Note: The provisions of this §27.706 adopted to be effective December 6, 2015, 40 TexReg 8637