4 Tex. Admin. Code § 20.1

Current through Reg. 49, No. 45; November 8, 2024

Section 20.1 - Definitions

In addition to the definitions set out in the Texas Agriculture Code, Chapter 74, and Part 1, Chapter 1, § 1.1 of this title, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) Certificate--A phytosanitary certificate issued by an authorized representative of the department allowing the movement of plants or plant products, or a document issued by an authorized representative of the department allowing the movement of equipment or vehicles.

(2) Certified Cotton Producer Organization--An organization approved and certified under the requirements established by the National Cotton Council.

(3) Compliance agreement--A written agreement signed by a person engaged in growing, distributing, handling or moving regulated articles whereby, he or she agrees to comply with conditions specified in the agreement concerning the basis upon which a certificate may be issued for movement of regulated articles or for the purposes of compliance with applicable rules.

(4) Commercial cotton--Cotton grown for sale or barter.

(5) Commercial cotton field--A field in which commercial cotton has been planted, or is being grown, until either:

(A) the end date for destruction requirements, as provided in § RSA 20.22 of this chapter (relating to Stalk Destruction Requirements), for fields in a pest management zone; or

(B) the emergence of a new cotton crop in the area, for fields not located in a pest management zone.

(6) Cotton lint--All forms of raw ginned cotton except linters and gin waste.

(7) Cotton products--Seed cotton, cotton lint, linters, oil mill waste, gin waste, squares, bolls, gin trash, cotton seed, cottonseed hulls, and all other forms of unmanufactured cotton fiber.

(8) Cotton seed--The seed of the cotton plant, separated from lint.

(9) Destroyed (or destruction) --Compliant with applicable requirements and restrictions established in this chapter; for noncommercial cotton, made non-hostable.

(10) Destruction deadline--The date established in this chapter for destruction of cotton stalks.

(11) Eradicated area--An area apparently free of boll weevil or, for which scientific documentation acceptable to the department has been provided that indicates that no boll weevils were captured for a period of at least one cotton growing season by weevil pheromone traps operated by the foundation or other governmental agency.

(12) Eradication area--A defined area in which a boll weevil eradication program has been initiated.

(13) Foundation--The Texas Boll Weevil Eradication Foundation, Inc.

(14) Functionally eradicated area--An area meeting the trapping criteria for a suppressed area with no confirmed evidence of boll weevil reproduction occurring in the area and no oviposition in squares, and in which the movement of regulated articles presents a threat to the success of the boll weevil eradication program. The boll weevil population must be equal to or less than an average of 0.001 boll weevils per trap per week for the cotton growing season as measured by boll weevil pheromone traps operated by the foundation or other governmental agency.

(15) Gin motes--Short fragments of unmanufactured cotton fiber removed from lint cleaners after ginning cotton.

(16) Gin trash--All material produced during the cleaning and ginning of seed cotton, except lint, linters, cotton seed, and gin waste.

(17) Gin waste--All forms of unmanufactured waste cotton fiber resulting from the ginning of seed cotton, including gin motes.

(18) Hostable material--Cotton fruiting structures such as buds, squares, flowers, or bolls.

(19) Hostable commercial cotton fee--The hostable cotton fee established in Texas Agriculture Code, § 74.0032, , which applies to hostable cotton stalks, volunteer cotton or noncommercial cotton which remain past the stalk destruction deadline in a commercial cotton field.

(20) Hostable cotton (or hostable)--Cotton with fruiting structures including buds, squares, flowers, uncracked bolls or unopened bolls.

(21) Hostable noncommercial cotton fee--The volunteer cotton fee established in Texas Agriculture Code, § 74.119.

(22) Linters--Residual unmanufactured cotton fiber separated from cottonseed after the lint has been removed.

(23) New crop--Cotton planted on or after the earliest planting date that follows the most recent destruction deadline.

(24) Non-hostable cotton (or non-hostable)--Cotton that is free of living, normally colored (not wilted or darkened) fruiting structures including buds, squares, flowers, uncracked bolls, or unopened bolls.

(25) Noncommercial cotton--Any cotton that is not commercial cotton.

(26) Oil mill waste--Waste products, including linters, derived from the milling of cottonseed.

(27) Plow--To dislodge or sever the roots of plants in a manner which prevents further growth. Equipment used to accomplish this could include a stalk puller, any type of plow, or similar implement.

(28) Protection plan--A plan developed for the purpose of mitigating, with the goal of preventing, boll weevil infestation and establishment in an area. Mitigating measures may include, but are not limited to, the following:

(A) the field treatment of cotton and cotton products prior to delivery to an area or a gin by an approved insecticide;

(B) requirements for moving, handling, storage, and treatment or use of approved insecticide applications to regulated articles; and

(C) monitoring of boll weevils at a specified site(s) as approved by the department.

(29) Regrowth cotton (or regrowth)--Vegetative and/or reproductive growth produced on a cotton plant following its destruction or partial destruction.

(30) Restricted Area--An area designated as suppressed, functionally eradicated, or eradicated of boll weevils, as those terms are defined in this section.

(31) Seed cotton--All forms of un-ginned cotton from which the seed has not been separated.

(32) Stalk puller--An implement which dislodges the roots of cotton plants by pulling up the stalks.

(33) Suppressed area--An area in which some boll weevil reproduction may be present in the area or a portion thereof, and in which the movement of regulated articles presents a threat to the success of the boll weevil eradication program. The boll weevil population must be equal to or less than 0.025 boll weevils per trap per week for the cotton-growing season as measured by boll weevil pheromone traps operated by the foundation or other governmental agency.

(34) Trap--Type of adult boll weevil pheromone trap approved by the foundation.

(35) Treatment--The act of eliminating possible cotton pest infestation(s) by means of cleaning, spraying or fumigation to eliminate the infestation.

(36) Volunteer cotton--For purposes of this chapter, a cotton plant or plants that were not deliberately planted.

4 Tex. Admin. Code § 20.1

The provisions of this §20.1 adopted to be effective September 2, 1996, 21 TexReg 7967; amended to be effective August 27, 2000, 25 TexReg 8023; amended to be effective July 9, 2001, 26 TexReg 4996; amended to be effective August 25, 2002, 27 TexReg 7511; amended to be effective August 1, 2004, 29 TexReg 7089; amended to be effective March 26, 2006, 31 TexReg 2143; amended to be effective July 19, 2007, 32 TexReg 4383; amended to be effective January 25, 2009, 34 TexReg 413; amended to be effective September 1, 2009, 34 TexReg 5897; amended to be effective November 1, 2011, 36 TexReg 7313; Amended by Texas Register, Volume 48, Number 08, February 24, 2023, TexReg 1033, eff. 3/5/2023