(a) During the first season of treatment in an active boll weevil eradication zone, the "diapause" phase of the program, all organic producers may plant certified organic or transitional cotton consistent with §3.602 of this chapter (relating to Planting of Certified Organic or Transitional Cotton in Active Eradication Zones), without regard to boll weevil trap captures. Producers will be required to communicate with the foundation as prescribed in §3.603 of this chapter (relating to Communication with Organic Producers; Notification of Organic Production).
(b) Certified organic or transitional cotton fields in active boll weevil eradication zones will adhere to the same trap count trigger levels that are set by the foundation and pursuant to subsection (c) of this section for conventional cotton fields in that zone beginning in the first season-long phase of the program and continuing each season thereafter.
(c) Trap count triggers will be set under the following conditions.
  (1) The foundation will inform organic growers of the trigger levels at the beginning of each season.
  (2) The trap count trigger level may change during the season, and when these changes are made, the foundation will inform organic growers at least 48 hours prior to implementing a new trap count trigger level.
  (3) Traps around organic cotton fields will be checked at the same interval as traps around conventional fields in the same zone.
  (4) The establishment of the trap count trigger level and placing of traps will be based on sound scientific and entomological considerations and shall be implemented in a fair and equitable manner.
(d) If an organic or transitional field surpasses the set trap count trigger level, a technical review committee will determine if destruction of that field or other alternative action should be required using the following procedures.
  (1) This committee will consist of the foundation program director or designee, a member of the foundation's technical advisory committee appointed by the commissioner, and a department representative designated by the Commissioner.
  (2) No less than two committee members will meet at the field in question within 48 hours after the field surpasses the trap count trigger level.
  (3) The committee will consider factors established by the foundation's technical advisory committee and approved by the foundation's board and the commissioner including, but not limited to, crop damage, trap captures in nearby traps, and cost to the eradication program.
  (4) The technical review committee shall make a written recommendation to the commissioner on the organic cotton field in question specifying the recommended actions and justification for those actions. This recommendation shall be made within 48 hours after the field surpasses the trap count trigger level.
  (5) The commissioner shall review the technical review committee's recommendation and make a final determination on the action required within one business day of receiving the committee's recommendation.
  (6) Should the commissioner determine that some type of eradication activity should occur, the grower may elect to either destroy the crop as prescribed in §3.606 of this chapter (relating to Crop Destruction; Extensions).
(e) Destruction of an organic cotton crop under this section will not be required, regardless of trap captures, once the crop in that field has reached cut-out stage for that season. This stage will be determined through the following process.
  (1) For purposes of this section, "cut-out stage" is defined as at least 50% of cotton plants in a field having four or fewer nodes above white flower.
  (2) The grower will contact the foundation when they believe their crop has reached cut-out stage.
  (3) A foundation representative will inspect the field within 48 hours after being contacted by the grower to confirm that it has reached cut-out stage.
  (4) If there is a dispute relating to the stage of the crop, a department representative designated by the commissioner will inspect the crop and determine if cut-out stage has been reached.
  (5) The foundation will notify the department when it is determined that a field has reached cut-out stage.

Source Note: The provisions of this §3.605 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