The decision on whether to plant certified organic or transitional cotton in any field located in an active eradication zone will be made solely by the grower producing the crop, subject to any designations of prohibited growing areas under the Code, §74.118, and rules adopted thereunder. Neither the foundation nor the department will urge or persuade, in any way, a grower to plant or not to plant certified organic or transitional cotton. This provision shall not affect the rights of the parties to negotiate in good faith pursuant to §3.607 of this chapter (relating to Eligibility for Indemnification).