(a) The foundation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal eradication activities.     
      (b) In the event the foundation or an employee or independent contractor of the foundation inadvertently treats a certified organic or transitional field or portion of a crop, either directly or through drift, with prohibited materials, the foundation will, to the extent appropriate, assist the grower in obtaining just and reasonable compensation.     
      (c) For purposes of this section, a determination of whether or not a direct treatment or drift occurred will be made by the department in accordance with established procedures.     
      (d) In the event of a confirmed case of direct treatment or drift of chemical applied for or by the foundation, and where appropriate, the department will investigate and seek such penalties as warranted under the Texas Agriculture Code, Chapter 76, and Chapter 7 of this title (relating to Pesticides).     
     Source Note:        The provisions of this §3.604 adopted to be effective May 15, 2000, 25 TexReg 2992; amended to be effective May 1, 2001, 26 TexReg 3209; amended to be effective June 26, 2023, 48 TexReg 3405