5B-52.001. Definitions and Purpose

(1) For the purpose of this rule chapter, the following definitions shall apply:

(a) Agent. Any person selling or distributing cotton or other regulated articles under the partial or full control of a commercial cotton grower.

(b) Authorized representative. Any designated employee, inspector, or collaborator of the division or the United States Department of Agriculture.

(c) Boll weevil. The insect known as boll weevil, Anthonomus grandis (Bohman), is a Plant pest of cotton, classified in the order Coleoptera, family Curculionidae, and all of its life stages.

(d) Boll weevil certificate. An official document issued or approved by the Department stipulating compliance with the requirements of this rule.

(e) Commercial cotton grower. A person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market.

(f) Cotton. All members of the genus Gossypium in the family Malvaceae, including any parts thereof.

(g) Department. The Florida Department of Agriculture and Consumer Services.

(h) Division. The Division of Plant Industry.

(i) Eradication zone. A geographical area designated by the department for the purpose of eradicating boll weevil.

(j) Exposed. Subject to Plant pests of cotton because of location to or contact with Plant pests of cotton.

(k) Foundation. A nonprofit organization comprised of Florida cotton growers known as the Boll Weevil Eradication Foundation of Florida, Inc. (BWEFF) which was established to provide guidance and assist in policy decisions during an eradication program.

(l) Infested. Actually harboring Plant pests of cotton.

(m) Interstate movement. Movement from Florida to another state or from another state to Florida.

(n) Intrastate movement. Movement within the state of Florida.

(o) Kenaf. The plant known as African Hibiscus, Hibiscus cannabinus and including any parts thereof.

(p) Limited permit. An official document allowing the movement of specific regulated articles to a specific location for treatment, special handling, or utilization.

(q) Noncommercial or volunteer cotton. Cotton intended for purposes other than processing.

(r) Pink Bollworm. The insect known as pink bollworm, Pectinophora gossypiella (Saunders), is a Plant pest of cotton, classified in the order Lepidoptera, family Gelechiidae, and all of its life stages.

(s) Plant pest of cotton. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any Cotton or Kenaf plants or their plant parts.

(t) Regulated area. Florida or any portion thereof including any county, precinct, city, and other minor civil division designated by order of the Department as an area regulated due to the presence of Plant pests of cotton.

(u) Regulated articles. Any article including but not limited to cotton plants, Kenaf plants, seed cotton, gin trash, and equipment capable of transporting or harboring Plant pests of cotton.

(v) Shipment or shipments. The products to be transferred or moved, or the act or process of transferring or moving products from one point to another.

(w) Southeastern Boll Weevil Eradication Foundation, Inc. A nonprofit organization comprised of cotton growers and state plant regulatory officials representing all cotton-growing states in the Southeastern United States. The Southeastern Boll Weevil Eradication Foundation, Inc. was established to provide guidance to the state foundations and conduct the eradication of the Boll weevil throughout the cotton-growing areas of the Southeastern United States.

(x) Suppressive area. An area where an attempt is being made to contain and control Plant pests of cotton.

(2) The purpose of this rule chapter is to establish procedures for the production of Regulated articles within the State of Florida, to establish per-acre annual assessments for the offsetting of program costs, to provide procedures for the collection of such assessments, to specify conditions under which Regulated articles may be produced, and to provide penalties for violations of this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(1), (2) FS. Law Implemented 581.031, 581.101, 593.102, 593.103(1), (2) FS. History–New 12-21-87, Amended 6-20-00, 11-2-20.