5E-4.0041. Disposition of Seed Contaminated with Noxious Weed Seed

(1) Seed lots containing one or more of the noxious weed seeds listed in rule 5E-4.003, F.A.C., and found by the department to be in violation of section 578.13, F.S., and which have been placed under stop-sale, stop-use, removal, or hold order, shall not be further subdivided or renumbered such that the integrity of the lot for identification and further inspection and testing is maintained. Within 30 days of receipt of the stop-sale, stop-use, removal, or hold order issued by the department, the owner of the seed lot shall arrange for the relabeling, reprocessing, or destruction through incineration or burial of the seed to a depth of at least 3 feet for a period of at least one year.

(2) Seed lots which have been reprocessed shall be re-inspected and re-tested by the department to determine if the violation of section 578.13, F.S., has been corrected. If, after subsequent inspection and testing, the violation of section 578.13, F.S., has been corrected, the department shall issue to the owner, the Department form entitled Release Notice (FDACS-13248, Rev. 08/10) for the lot under stop-sale, stop-use, removal, or hold order and the seed lot may be sold and distributed upon relabeling. If, after two consecutive attempts to reprocess the seed lot, and the seed lot continues to contain excessive noxious weed seeds as listed in rule 5E-4.003, F.A.C., the seed lot under stop-sale, stop-use, removal, or hold order shall be destroyed by incineration or burial to a depth of at least three feet for a period of at least 1 year.

(3) Any seed lot found to contain the restricted noxious weed seed Tropical Soda Apple, solanum viarum, at a rate of one seed per pound shall be labeled, in addition to the requirements listed in section 578.09, F.S., with the following information:

(a) Included on the label “Noxious Weed Seed………..1 Tropical Soda Apple per pound;

(b) Plainly printed in red ink affixed in a permanent manner on the container in a size 16 font: “Seed in this container has been determined by laboratory analysis to be contaminated with the noxious weed Tropical Soda Apple at a rate of one seed per pound. This seed is only for distribution, sale, or planting within the State of Florida. Purchaser of this seed should follow the recommendations in the document entitled SS-AGR-77 “Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in Florida” (Revised February 2010) published by the University of Florida, Institute of Food and Agricultural Sciences, to prevent the establishment and spread of this noxious weed.

(c) Documentation (such as delivery ticket or invoice) of sale or distribution of seed lots labeled to contain one tropical soda apple seed per pound shall be submitted to the Department’s Seed Compliance Section immediately upon subsequent movement or distribution of seed.

(4) The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 and are available online as indicated.

(a) Stop Sale, Stop Use, or Hold Order (FDACS-13233, Rev. 06/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-02279.

(b) Release Notice (FDACS-13248, Rev. 08/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-02280.

(c) Authorization for Movement of Goods Under Stop Sale Order (FDACS-13249, Rev. 08/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-02281.

(d) University of Florida, Institute of Food and Agricultural Sciences, SS-AGR-77 “Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in Florida” (Revised February 2010), http://www.flrules.org/Gateway/reference.asp?No=Ref-02282.

Rulemaking Authority 570.07(23), 567.181, 578.11(2), 580.036(2) FS. Law Implemented 487.101, 576.111, 578.11(3), 578.12, 580.111 FS. History–New 11-14-04, Amended 11-26-08, 3-13-13, 7-7-19.