5B-63.001. Citrus Health Response Program


Effective on Sunday, April 17, 2016
  • 1(1) Definitions. For the purpose of this rule, the definitions in section 13581.011, F.S., 15and the following definitions shall apply:

    21(a) Approved decontaminants. Products 25verified as effective by the Department and 32capable of decontaminating equipment and personnel of 39citrus black spot, 42citrus canker, or other diseases 47of regulatory significance50.

    51(b) Asian citrus psyllid. The insect known as the Asian citrus psyllid, Diaphorina citri 65Kuwayama, 66classified in the order Homoptera, family Psyllidae, and all of its life stages.

    79(c) Budwood facility or citrus nursery. A geographically distinct location where citrus nursery stock is produced for wholesale or retail sale, is held for movement to another location or is used within a citrus grove, or where citrus trees are maintained as sources of budwood or seed in order to propagate citrus nursery stock.

    133(d) Citrus. All members and any hybrids of the family Rutaceae including any plants, plant parts, fruits, seeds and any other parts thereof.

    156(e) Citrus black spot. A fungal disease of citrus incited by the fungal organism 170Guignardia citricarpa172.

    173(f) Citrus canker. A bacterial disease of citrus incited by the organism 185Xanthomonas citri 187subsp. 188citri 189(formerly known as 192Xanthomonas 193axonopodis 194pv. 195citri196), Asian strain.

    199(g) Citrus greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism 215Candidatus Liberibacter asiaticus, 218(also known as huanglongbing, yellow dragon disease, or yellow shoot disease) 229that is vectored by 233Diaphorina citri 235and 236Trioza erytreae238.

    239(h) Commercial citrus grove. A solid set planting of 40 or more citrus trees, 253or any citrus planting from which fruit is marketed262.

    263(i) Exposed. Determined by the Department to likely harbor 272citrus black spot or 276citrus canker bacteria, but not expressing visible symptoms or determined by the department to likely harbor citrus greening bacteria 295or other citrus diseases of regulatory significance 302because of proximity to infected plants or infected 310vectors of the diseases314.

    315(j) Foundation tree. A citrus tree owned and maintained by the Department in accordance with Rule 3315B-62.014, 332F.A.C., that is used for horticultural evaluation and to provide a source of budwood to nurseries, primarily for establishing scion and increase trees.

    355(k) Infected. Citrus trees harboring 360citrus black spot fungi, citrus greening bacteria, or 368citrus canker bacteria and exhibiting visible symptoms of the disease or harboring citrus greening bacteria 383or other diseases of regulatory significance 389as confirmed by laboratory diagnostic tests conducted in laboratories approved by the Department or the USDA.

    405(l) Regulated articles. Any article capable of transporting or harboring 415citrus black spot, 418citrus canker, citrus greening, or the Asian citrus psyllid.

    427(m) 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 454581.011(26), F.S., 456as 457any 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 products529.

    530(2) Purpose. 532The purpose of t536his rule is to manage the impact of 544citrus black spot, 547citrus canker, citrus greening, 551and other diseases of regulatory significance 557in commercial citrus groves. To accomplish that purpose, this rule declares 568citrus black spot, 571citrus canker, citrus greening and the Asian citrus psyllid to be plant pests and nuisances, sets forth procedures for establishing quarantine areas, identifies regulated articles, sets forth procedures for decontaminating regulated articles, and regulates the movement of citrus nursery stock from 612pest-infested 613areas 614or those 616quarantined for 618citrus black spot, 621citrus greening, 623or the Asian citrus psyllid628.

    629(3) Declaration of 632citrus black spot, 635citrus canker, citrus greening and the Asian citrus psyllid as plant pests. Pursuant to section 650581.031(6), F.S., 652citrus black spot, 655citrus canker, citrus greening and the Asian citrus psyllid are declared to be plant pests and nuisances capable of causing serious damage to citrus.

    679(4) Quarantine areas.

    682(a) Any areas around a site where an infestation of citrus 693black spot 695is known to occur will also be quarantined 703due to their inseparability for quarantine enforcement purposes711. The geographical boundaries of the quarantine area will be based on the potential of citrus 727black spot 729being present and will encompass an area 736within a one-mile radius of each citrus plant location confirmed positive for the 749citrus 750black spot disease753. 754In addition, each section intersected by the one-mile arc will be included in its entirety in the citrus black spot quarantine. 775Affected businesses or residents will be notified in writing unless too numerous to contact individually. In those cases, the quarantine area will be published in a major newspaper of general distribution in each area affected and through other appropriate media.

    815(b) The entire state of Florida is under a federal quarantine for citrus canker, 829citrus greening and the Asian citrus psyllid836.

    837(5) Hosts of 840citrus black spot, citrus canker, 845citrus greening and the Asian citrus psyllid as listed below are regulated articles and will be subject to the provisions of this rule.

    868(a) Hosts of citrus 872black spot. All species of citrus in the subfamily Aurantioideae.

    882(b) Hosts of citrus canker. All species of citrus in the subfamily Aurantioideae.

    895(c) Hosts of citrus greening. All members and hybrids of the family Rutaceae.

    908(d) Hosts of the Asian citrus psyllid. All members and hybrids of the family Rutaceae.

    923(6) Movement of regulated articles from or through a quarantine area.

    934(a) The movement or planting of citrus 941black spot 943host plants as listed in subsection (5) from or within a citrus 955black spot 957quarantine area is prohibited unless produced in compliance with Rule Chapter 5B-62, F.A.C.

    970(b) The movement of citrus fruit by any means from a citrus black spot quarantine area must follow the below guidelines:

    9911. Be completely covered with no openings greater than 0.5 inches, with the exception of side and rear walls of trucks or trailers, which must be constructed of solid material or expanded metal with openings not to exceed 0.75 x 1-11/16 inches. If necessary, this maximum allowable opening may be attained by adding steel, hardware cloth, or a fabric lining from inside the trailer. Tarpaulins (tarps) made of any fabric with a weave of less than 0.5 inches are required to completely cover and secure all conveyances of quarantine citrus fruit or debris.

    10842. Each load of fruit must also be identified by issuing a serially numbered trip ticket with the following information: grove name, land owner or agent or lessee; harvester; license tag number; number of field boxes; grove block name; grower compliance agreement number; destination processor or packinghouse; and date of harvest. All trip tickets for loads from quarantined areas must have, “TARP,” and the letter, “Q,” written near the bottom of the ticket, unless a Limited Permit, FDACS 08156, Rev. 2/13 and incorporated herein, also accompanies the load. A sample Limited Permit may be found online via 1183http://www.flrules.org/Gateway/reference.asp?No=Ref-065761185.

    11863. Details for handling citrus fruit and plant debris regarding citrus black spot may be found in Federal Orders DA-2014-29, Expansion of Citrus Black Spot Regulated Area in Florida, June 3, 2014, and DA-2015-16, Expansion of Citrus Black Spot Regulated Area in South Florida, March 31, 2015, and in State regulations as detailed in subsection (6). These federal orders may be obtained online via 1250http://www.flrules.org/Gateway/reference.asp?No=Ref-065681252.

    1253(c) The movement of citrus fruit from a citrus canker quarantine area is governed by USDA regulations contained in 12727 CFR 301.75, 1275Citrus Canker; Notice of Quarantine and Regulations, Edition 1-1-151284. There are no restrictions on citrus fruit movement from citrus greening quarantine areas. 1298This regulation is hereby incorporated by reference and may be obtained online via 1311http://www.flrules.org/Gateway/reference.asp?No=Ref-065661313.

    1314(d) Citrus fruit, leaves, plant material, and debris cleaned from trailers, packinghouses, and processing plants originating from a citrus black spot quarantine area must be incinerated or heat-treated at a minimum of 180 degrees for one hour, or buried in a Class I landfill and covered with soil at the end of each day that dumping occurs. Unless treated in accordance with this paragraph, quarantine citrus leaves, fruit, leaves, plant material, and debris may not be dumped in pastures as feed for livestock. Quarantine citrus waste may move under a Limited Permit, FDACS 08156, Rev. 2/13, or move self-regulated by a person or company operating under a valid Citrus Health Response Program compliance agreement. A record must be kept for the intrastate movement of regulated citrus fruit or plant debris as found in Schedule 12, Shipment Log Example, Rev. June 2015. Schedule 12 is hereby incorporated by reference and a copy may be obtained by writing to the Bureau of Pest Eradication and Control, 3027 Lake Alfred Road, Winter Haven, Florida 33881, or online via 1489http://www.flrules.org/Gateway/reference.asp?No=Ref-065721491.

    1492(e) Non-quarantine citrus fruit, leaves, plant material, and debris originating from outside citrus black spot quarantine areas may be fed to livestock in State approved pastures if citrus material is handled and transported in compliance with the provisions of Federal Orders DA-2014-29, Expansion of Citrus Black Spot Regulated Area in Florida, June 3, 2014, DA-2015-16, Expansion of Citrus Black Spot Regulated Area in South Florida, March 31, 2015, and if the pasture owner has been issued a CHRP Citrus Waste Disposal Site Permit, FDACS 08126, Rev. 7/15. The CHRP Citrus Waste Disposal Site Permit is hereby incorporated by reference and a sample may be obtained online via 1599http://www.flrules.org/Gateway/reference.asp?No=Ref-065751601.

    1602(f) A CHRP Citrus Waste Disposal Site Permit may be requested by contacting the Bureau of Pest Eradication and Control Regulatory Supervisor at (863)298-3000 or writing to 3027 Lake Alfred Road, Winter Haven, Florida 33881. The Regulatory Supervisor will schedule a site survey and provide a permit good for one year based on the following criteria being met:

    16601. Site must be outside the Citrus Black Spot Quarantine Area;

    16712. Site must be located at least one mile from any citrus nursery;

    16843. Site must be 1900 ft from the near citrus tree retailer, feral or dooryard citrus trees or citrus groves; and,

    17054. Site must be re-inspected on an annual basis.

    1714(7) Regulated Areas.

    1717(a) A regulated area, not to exceed a radius of one mile, is hereby established around the perimeter of commercial citrus nurseries constructed on sites after April 1, 2006. A regulated area, not to exceed a radius of ten miles is hereby established around the perimeter of all sites on which foundation trees are maintained. The planting of citrus in these regulated areas is prohibited. Citrus plants within a regulated area that were planted prior to the establishment of the regulated area may remain unless they are determined to be infected or infested with 1811citrus black spot, 1814citrus canker, citrus greening, 1818or any disease of regulatory significance.

    1824(b) When a disease of regulatory significance is detected in a regulated area, t1838he Department may require the removal of 1845citrus trees in the regulated area if their presence will result in the spread of the disease as determined by a risk assessment performed by the Department. The risk assessment will be based upon the following criteria:

    18821. Economic impact to the citrus industry and to the State of Florida;

    18952. The latest scientific research available on the disease and vector; and,

    19073. Impact to the growers, caretakers, processors, and packers ability to produce citrus and maintain the industry’s viability.

    1925(c) 1926The property owner shall be responsible for the removal of citrus, 1937if removal is required1941. Notice of the removal of citrus trees, by immediate final order, shall be provided to the owner of the property on which such trees are located. An immediate final order issued by the department pursuant to this section shall notify the property owner that the citrus trees that are the subject of the immediate final order must be removed and destroyed unless the property owner, no later than 10 days after delivery of the immediate final order requests and obtains a stay of the immediate final order from the district court of appeal with jurisdiction to review such requests. The property owner shall not be required to seek a stay of the immediate final order by the department prior to seeking the stay from the district court of appeal.

    2071(8) All citrus grove owners or 2077their assigned representatives, 2080caretakers, harvesters, haulers, packers, and processors must sign compliance agreements 2090in order to meet Citrus Health Response Program standards and USDA/APHIS regulations.

    2102(a) Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 7/15, is hereby incorporated by reference and a sample may be obtained 2120online via 2122http://www.flrules.org/Gateway/reference.asp?No=Ref-065772124.

    2125(b) Citrus Processor Compliance Agreement, FDACS-08356, Rev. 7/15, is hereby incorporated by reference and a sample may be obtained 2144online via 2146http://www.flrules.org/Gateway/reference.asp?No=Ref-065782148.

    2149(c) Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 7/15, is hereby incorporated by reference and a sample may be obtained 2167online via 2169http://www.flrules.org/Gateway/reference.asp?No=Ref-065792171. 2172Fruit may not be harvested from a grove if a valid compliance agreement is not in place.

    2189(d) Packinghouses are federally regulated as outlined in Attachment 3 of Federal Order DA-2014-29, Expansion of Citrus Black Spot Regulated Area in Florida, June 3, 2014. PPQ Form 519, Compliance Agreement Commercial Citrus Packing and/or Repacking, Rev. 5/07, must be signed by all citrus packers and re-packers. PPQ Form 519 is hereby incorporated by reference and a sample may be obtained online via 2252http://www.flrules.org/Gateway/reference.asp?No=Ref-065692254.

    2255(e) Schedule 10, Information Resources, Rev. June 2015, is hereby incorporated by reference and a copy may be obtained 2274online via 2276http://www.flrules.org/Gateway/reference.asp?No=Ref-065702278.

    2279(f) Schedule 11, Approved Decontamination Products and Methods, Rev. June 2015, is hereby incorporated by reference and a sample may be obtained 2301online via 2303http://www.flrules.org/Gateway/reference.asp?No=Ref-065712305.

    2306(9) Decontamination requirements. All citrus harvesters, intermediate handlers, grove owners, caretakers, packers, and processors must decontaminate equipment, personnel, and regulated articles in accordance with applicable compliance agreements listed in subsection (8), and have approved decontaminants, on site at all times when in a citrus grove. Approved decontaminants are listed in Schedule 11 referenced above.

    2360(10) All non-production people entering commercial citrus groves must decontaminate equipment, personnel and regulated articles in accordance with Schedule 11 if contact with citrus does occur.

    2386(11) Citrus grove surveys.

    2390(a) In addition to the routine inspection of citrus groves by the Department, citrus grove owners and caretakers shall conduct a self-inspection of their groves every 90 days. If citrus black spot, citrus greening, or a suspected disease of citrus is found, the Department must be notified no later than the next business day. Failure to notify the Department of citrus black spot or a suspect exotic disease of citrus is a violation of section 2465581.091, F.S., 2467and this rule and is subject to penalties in accordance with section 2479581.211, F.S.

    2481(b) Citrus growers seeking to ship citrus fruit to the European Union or other restricted markets must submit a completed Citrus Health Response Program Application for Participation, FDACS 08415, Rev. 4/07, to the local FDACS Citrus Health Response Program field office and ask for an inspection of grower’s listed grove block(s). If said grove block(s) passes inspection, a Citrus Fruit Harvesting Permit, FDACS 08123, Rev. 8/13, will be issued to the grower. This permit is hereby incorporated by reference, and a sample may be obtained online via 2568http://www.flrules.org/Gateway/reference.asp?No=Ref-065742570. The application is hereby incorporated and may be obtained online via 2582http://www.flrules.org/Gateway/reference.asp?No=Ref-065802584.

    2585(c) Growers and property owners are encouraged to participate in the FDACS Abandoned Grove Initiative. Properties abandoned or unmanaged are known to harbor citrus pests and are considered agricultural nuisances. Information on this initiative may be found in the Department’s Abandoned Grove Compliance Agreement, FDACS 08464, Rev. 7/15. The compliance agreement is hereby incorporated by reference and a sample may be obtained online via 2649http://www.flrules.org/Gateway/reference.asp?No=Ref-065812651.

    2652(12) The Citrus Health Response Plan, Rev. 01/08/2016, is hereby incorporated by reference 2665and is available online via 2670http://www.flrules.org/Gateway/reference.asp?No=Ref-065732672. 26737 CFR 301.76, 2676Citrus Greening and Asian Citrus Psyllid; Restrictions on the interstate movement of regulated articles, Edition 1-1-15, is referenced in the Citrus Health Response Plan, and is hereby incorporated, and may be obtained online at 2710http://www.flrules.org/Gateway/reference.asp?No=Ref-065672712.

    2713Rulemaking Authority 2715570.07(21), 2716(23), 2717581.031(1), 2718(4), (5), 2720581.091(1), 2721581.101(1), 2722581.184 FS. 2724Law Implemented 2726570.07(2), 2727(13), (21), 2729581.031(6), 2730(7), (9), (15), (17), 2734581.083, 2735581.101, 2736581.131, 2737581.141, 2738581.184, 2739581.211 FS. 2741History27422743New 8-28-07, Amended 4-17-16.

     

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