5B-2.001. Definitions and Purpose

(1) For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply:

(a) Balled and burlapped. A term used to describe a horticultural practice whereby plants are extracted from the soil with a portion of the roots and the growing medium intact forming the ball. The ball is wrapped with burlap or other materials appropriate for supporting the ball during handling.

(b) Bare-root. Plants with roots from which the growing medium in which it was grown has been removed.

(c) Certified turfgrass. Turfgrass produced for purposes of ornamental ground cover by an individual who has requested certification in order to comply with plant quarantine restrictions or phytosanitary requirements. Pasture or forage grasses are specifically excluded from this definition.

(d) Container nursery stock. Plants established in growing media contained in containers such as clay pots, plastic pots, or cans.

(e) Exposed. Subject to infestation because of proximity to or contact with a plant pest.

(f) Limited distribution. A pest found in a geographic area or county, but not throughout the entire state.

(g) Location. A nursery, stock dealer, plant broker or agent offering nursery stock for sale or distribution under the control of a parent organization, corporation, partnership, personal business, cooperative, or other legal business entity.

(h) Regulatory significance. For the purpose of this rule chapter, this term will have the same meaning as the term ‘plant pest’ which is defined in Section 581.011(26), F.S., as 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 plants or plant parts or any processed, manufactured, or other plant products.

(2) The purpose of this chapter is to provide instructions for registering, inspecting, and certifying nurseries, stock dealers, plant brokers, and agents. It provides guidelines for issuance and use of certificates denoting that requirements of Florida and other states regarding inspection or treatment of plant products have been met. It provides a fee schedule to reimburse the State of Florida for cost or partial cost of nursery inspections, special certifications, certain treatments of plant products, and other inspections. It also provides criteria for determining grades and standards for nursery stock, plant viability and penalties for violation. Additional information may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.011, 581.031, 581.083, 581.121, 581.131, 581.141 FS. History–Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.01, Amended 6-7-95, 8-26-03, Repromulgated 3-11-04, Amended 5-8-16.