5B-43.005. Interstate Regulations

The movement of plant-feeding snails as described in Rule 5B-43.003, F.A.C., or regulated articles into the State of Florida from infested areas is prohibited unless such shipments are made in accordance with the provisions of this chapter. Plant-feeding snails may enter the State of Florida for research purposes by prior special permission from the director.

(1) Provisions for movement into Florida of regulated articles associated with plant-feeding snails.

(a) Regulated articles from infested areas may enter Florida under a master permit issued by the director. The master permit shall grant permission to the state of origin department of agriculture to authorize firms to ship regulated articles into Florida subject to the requirements and conditions of the master permit; or

(b) Regulated articles from infested areas may enter Florida, provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that regulated articles contained in the shipment were inspected by an authorized inspector of the state of origin, and found to be free of plant-feeding snails as listed in Rule 5B-43.003, F.A.C.

(c) Regulated articles, other than live plant material, originating from infested areas may enter Florida when:

1. Regulated articles are accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that such regulated articles were inspected by an authorized inspector of the state of origin and found to be free from plant-feeding snails; or

2. Regulated articles are accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that such regulated articles were treated as recommended by the USDA, APHIS, PPQ, treatment of plant-feeding snails.

(d) The movement of regulated articles from regulated areas is prohibited unless such shipments are in compliance with the provisions of paragraph 5B-43.005(1)(a), (b) or (c), F.A.C.

(e) Shipments of regulated articles arriving in Florida in violation of this chapter shall be refused entry and returned to the shipper or destroyed at the discretion of the department. Shipments destroyed or returned out of state shall be at the expense of the shipper. Payment to the department for such expense shall be required before shipping can resume.

(f) Shipments of regulated articles certified as to the provisions of this chapter which enter Florida and are found to be infested with plant-feeding snails as listed in Rule 5B-43.003, F.A.C., shall be returned to the shipper or destroyed at the discretion of the division, and further shipments of regulated articles from the shipper who has been in violation of this chapter shall be refused entry into Florida for a period of time as specified in the master permit if applicable or 30 days for the first interception and 6 months for subsequent interceptions up to three, at which time suspension will be extended until the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, and the state of origin department of agriculture agree shipping may resume. In addition, notification from the proper plant regulatory officials of the state of origin must be received by the division that the shipper has taken measures to prevent further shipments of plant-feeding snail infested regulated articles into the state.

(g) Destroying or returning a shipment out of state shall be at the expense of the shipper. Payment to the department for such expense shall be required before shipping can resume.

(h) Non-commercial shipments of house plants which are part of a passenger’s baggage or household effects may enter the state provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that regulated articles contained in the shipment were inspected by an authorized inspector of the state of origin, and found to be free of plant-feeding snails as listed in Rule 5B-43.003, F.A.C. Should the plants originate from a state that does not offer an inspection and certification service for house plants, the owner must be able to furnish the department a Florida address where the plants will be located. This information will enable the department to conduct a follow-up inspection if deemed necessary. If sufficient information is given, the plants will be allowed to proceed. A Report of Non-Certified Plants in Transit From the States of Arizona, California, Oregon, Texas, or Washington, DACS-08105, revised 3/99, shall be completed on each shipment that is allowed entry. Report of Non-Certified Plants in Transit From the States of Arizona, California, Oregon, Texas, or Washington form, DACS-08105, revised 3/99, is supplied by the division for this purpose and is incorporated herein by reference. Copies of DACS-08105, Report of Non-Certified Plants in Transit From the States of Arizona, California, Oregon, Texas, or Washington, may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, Florida 32614-7100.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031(20), 581.083 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.05, Amended 2-11-87, 3-28-00.