5B-66.004. Movement or Possession of Hosts or Regulated Articles; Conditions of Certification

(1) Compliance agreements. The certification of handling, processing, treatment, and moving of Hosts and Regulated articles may be accomplished through the use of a compliance agreement. The Compliance Agreement Cooperative Fruit Fly Eradication Program, FDACS 08468, Rev. 05/20, and Compliance Agreement Cooperative Fruit Fly Eradication Program, Aerial Applicator, FDACS-08469, Rev. 05/20, are incorporated herein by reference and samples are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13534 and http://www.flrules.org/Gateway/reference.asp?No=Ref-13535.

(2) It shall be unlawful for any person to move any Hosts of the Fruit fly species or Regulated articles within, into, through, or out of the quarantine area unless in compliance with this rule chapter and the movement practices have been certified by the Department or the USDA-APHIS-PPQ.

(3) Hosts or Regulated articles within a half-mile of a positive find may only be moved out of a quarantine area if processed with a post-harvest treatment (fumigation or irradiation); or application of a pre-harvest bait spray treatment and Fruit fly trap placement 30 days prior to harvest and monitoring throughout the harvest season with negative detection within the quarantine zone, but outside of the half-mile arc. Hosts or Regulated articles shall be certified by the Department for movement out of a quarantine area for commercial or distribution purposes following confirmation by the Department of either method above. After confirmation, the Department shall issue a Temporary Certificate of Inspection (FDACS-08010), Rev. 10/20, which is incorporated herein by reference and a sample is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13533. Prior to movement of Hosts or Regulated articles, the method of treatment and location of the treatment facility must be documented in the “Additional Declarations” section of FDACS-08010. Interstate movement of Hosts or Regulated articles shall by governed by 7 CFR §301.32 – Subpart – Fruit Flies (§301.32 and §301.32-1 to §301.32-10, 1-1-20 Edition) which is incorporated herein by reference and available at www.govinfo.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-13536.

(4) Hosts or Regulated articles offered for sale or distribution within the quarantined area shall be certified only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that the following conditions have been met:

(a) The Hosts or Regulated articles have been received from outside the quarantine area. Vendors or shippers must have proof of origin in the form of written receipts or other documentation traveling with the Hosts or Regulated articles; and,

(b) The Hosts or regulated articles are kept in Fruit fly-proof screened enclosures or sealed containers, cold storage, fly-proof vehicles, or other enclosures to prevent infestation by a Fruit fly.

(5) Hosts or Regulated articles transiting through the quarantine area must be covered by a fly-proof tarp screen or be in enclosed vehicles and accompanied by proof of origin in the form of written receipt or other documentation traveling with Hosts or Regulated articles.

(6) Soil and plants with soil attached:

(a) Soil and plants with soil attached shall be certified for movement only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that they are not or have not been under the canopy of a Host plant which is bearing Hosts or was capable of bearing Hosts within the previous 60 days.

(b) Soil and plants with soil attached under the canopy of a plant which is capable of bearing Hosts within the previous 60 days, shall be certified provided:

1. All such soil and plants with soil attached are removed to an area clear of plants capable of bearing Hosts;

2. The soil is treated with an EPA-registered pesticide, an Emergency Exempted product as authorized by Federal Insecticide Fungicide and Rodenticide Act (FIFRA), Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product, FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. These federal sections of FIFRA referenced above are available at www.govinfo.gov.

3. All treatments must be monitored by an authorized representative of the Department or USDA-APHIS-PPQ or pursuant to a compliance agreement as provided in subsection 5B-66.004(1), F.A.C.

(c) Plants bearing Hosts or which were capable of bearing Hosts within the previous 60 days, shall be certified for movement only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that all Hosts have been removed in accordance with paragraph 5B-66.006(1)(c), F.A.C., and that any soil attached to the Host is treated with an EPA-registered pesticide, an Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. All treatments must be monitored by an authorized representative of the Department or USDA-APHIS-PPQ or pursuant to a compliance agreement as provided in subsection 5B-66.004(1), F.A.C.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Amended 10-7-21.