5B-52.011. Movement of Regulated Articles

(1) Interstate movement. The movement of Regulated articles into Florida from infested areas is prohibited unless such shipments are made in accordance with the provisions of this rule.

(a) Provisions for movement into Florida of Regulated articles associated with Plant pests of cotton.

1. 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 were found to be free of Plant pests of cotton; or

2. 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 such regulated articles were treated as required by the Department.

(b) 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.

(2) Intrastate movement.

(a) Regulated articles originating in a Suppressive area shall be authorized to move to an area described as a Regulated area by the Department when accompanied by an authenticated Cotton Boll Weevil Certificate, (FDACS-08162, Rev. 05/20). This form is incorporated herein by reference and is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12224.

(b) Record of movement of Regulated articles. The owners, officers, employees, or Agents of any Commercial cotton grower that is infested with Plant pests of cotton or has been exposed to Plant pests of cotton shall furnish a list of all movements of Regulated Articles when requested by the Department. Said list must show the names and addresses of all consignees and include a complete description of the Regulated articles included in each shipment.

(c) Application for inspection. Persons intending to move any regulated article shall make application for inspection as far in advance as possible (48 hours minimum), shall protect such articles in a manner to safeguard them from infestation, and shall assemble them at such points and in such a manner as the authorized representative shall designate to facilitate inspection.

(d) Disposition of Regulated articles. Any article found to be infested with Plant pests of cotton or moving in violation of this rule, shall be subject to treatment, confiscation, or destruction as required by the Department. These actions shall be taken under the supervision of an Authorized representative.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 581.031, 581.101 FS. History–New 12-21-87, Amended 7-5-95, 6-20-00, 11-2-20.