5B-43.009. Infested and Regulated Areas

(1) Infested areas. The following states in which plant-feeding snails, as described in Rule 5B-43.003, F.A.C., are known to be established shall be known as infested areas:

(a) Arizona.

(b) California.

(c) Hawaii.

(d) New Mexico.

(e) Oregon.

(f) Texas.

(g) Washington.

(h) Any other state where plant-feeding snails, as described in Rule 5B-43.003, F.A.C. may be determined to be established.

(2) Regulated areas. All countries, territories, states, counties, parishes, cities, farms, nurseries, urban properties, forests, highway rights-of-way and other government properties, packinghouses, florists, nursery stock dealer establishments, or portions thereof, so located that it is reasonable to assume that plant-feeding snail infestation is likely to have occurred, and all states not regulating the inter- and intrastate movement of plant-feeding snails as described in Rule 5B-43.003, F.A.C. above, shall be considered regulated areas.

(3) Procedure for establishing intrastate infested and regulated areas. Based upon investigation and findings by the division that an immediate danger to the public health, safety or welfare exists, the division, through an authorized representative, may by oral order, designate as an infested area any county, precinct, city, political subdivision, or any minor civil division thereof, in which a snail described in Rule 5B-43.003, F.A.C., above has been determined to exist. Any county, precinct, city, political subdivision, or any minor civil division thereof in which it is deemed necessary to regulate because of proximity to an infestation with a snail described in Rule 5B-43.003, F.A.C. above, or its inseparability for quarantine enforcement purposes from an infested area may be declared a regulated area in the same manner as infested areas. Such oral order shall become a final order when placed in writing to the governing body or its representative of each affected county, precinct, city, political subdivision, or any minor civil division thereof, or to the owner or his representative of privately-owned property. A regulated area may be designated by legal notice published in a local newspaper of general circulation when affected privately-owned properties are too numerous to practically contact each owner or when such areas are only a portion of a political subdivision.

(4) Procedure for establishing interstate infested and regulated areas. Based upon investigations and findings by the division that an immediate danger to the public health, safety or welfare exists, the Division Director may by written notification, designate as an infested area any state, county, parish, precinct, city, political subdivision, or any minor civil division thereof in which a snail as described in Rule 5B-43.003, F.A.C., above has been determined to exist. Any state, county, parish, precinct, city, political subdivision or minor civil division thereof in which it is deemed necessary to regulate because of proximity to an infestation with a snail as described in Rule 5B-43.003, F.A.C., above or its inseparability for quarantine enforcement purposes from an infested area or the absence of interstate and intrastate regulations regarding plant-feeding snails may be declared a regulated area in the same manner as infested areas.

Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(7), (8), (21), 581.101, 581.111 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.09, Amended 2-11-87, 3-28-00.