5G-1.001. Arsenical Spray

(1) Definitions. For the purposes of Sections 601.92 through 601.97, F.S., and this section:

(a) Arsenical spray or its derivatives means arsenic found on or in the leaves or branches of bearing citrus trees, or on or in citrus fruit and is there by virtue of the use of fertilizer, spray or dust, either as a liquid or means the point of origin of powder, or in any other form.

(b) Citrus fruit inspectors mean the Commissioner of Agriculture, Chief Laboratory Inspector, the State Chemist, the Assistant State Chemist, all citrus fruit inspectors or other persons designated and authorized by the Commissioner of Agriculture for enforcement of Sections 601.92 through 601.97, F.S.

(2) Grove inspection.

(a) Foliage. Citrus fruit inspectors may conduct the inspection of groves by taking representative samples of foliage from citrus fruit trees to determine whether or not the spray or dust or other insecticides used have had mixed therein arsenic in any form. Should it be found upon field testing that arsenic is present on the foliage of any grove or portion thereof, a sample of foliage shall be sent to the Department of Agriculture and Consumer Services Laboratory in Winter Haven for laboratory analysis, said sample to be accompanied by the report of the inspector showing name and location of the grove, the name and address of the owner of the grove, the packer, shipper or person in charge of the grove.

(b) Fruit. In case arsenic is found to be present on the foliage of a grove, inspectors should make proper sampling of the fruit from such grove to determine the presence of arsenic. Inspectors may take samples of citrus fruit from any grove as to which there is information that foliage therein contains arsenic. If upon such sampling, analysis of the fruit shows it contains arsenic in any form, the owner or agent in charge of the grove will be notified accordingly by the Commissioner of Agriculture or his authorized agents. Such owner or agent in charge of the grove shall henceforth be responsible for the fruit therein not being removed or severed from the trees in said grove, and before such fruit is so picked or severed, reasonable notice of such intention so to do shall be given the Commissioner who shall then give such orders and direction with respect thereto as he may be advised. Upon final sampling of the fruit from any grove wherein arsenic has been found on the trees therein the owner or agent therefor shall have the right to an analysis by a referee chemist upon one-half of the sample of fruit taken by an inspector in the presence of the owner of the fruit or such person as may be designated by him. If the report of the referee chemist shows the fruit to contain arsenic in violation of Sections 601.92 through 601.97, F.S., and this section, the owner or custodian of the fruit shall immediately destroy the same under the supervision of the Commissioner or his authorized agents and a record thereof be filed with the Commissioner at Winter Haven.

(3) Samples taken and seizures made at packing house. Inspectors are authorized, and it becomes their duty, when information is received by them that any lot of fruit has been received in a packing house and such fruit is from a grove where arsenic has been used, to take samples for arsenic determination and seize such lot of fruit wherever found in such packing house and shall forward the said samples to the Commissioner of Agriculture at Winter Haven or to the chemist authorized to analyze fruit for arsenic, and the Inspector shall hold the lot of fruit in question until chemist’s report is received and it is the duty of the manager or foreman of such packing house to furnish the inspector with the lot number, the number of field boxes in the lot, the name of the grove from which picked, the location in the packing house, and a statement that the lot of fruit will be held subject to the report of the chemist making the analysis.

(4) Making and reporting analysis. Upon receipt of sample of citrus fruits for arsenic determination, the chemist shall make such analysis with all proper haste to report his findings immediately to the Commissioner or to the inspector making the seizure. The report must be made within ninety-six (96) hours from time of seizure.

(5) How appeals may be taken. Should any person whose fruit has been analyzed and found to contain arsenic desire to appeal from the findings of the chemist employed by the Commissioner of Agriculture, and shall demand another analysis, the retained portion of the sample, held by the chemist employed by the Commissioner of Agriculture, shall be immediately sent for analysis to some reputable chemist upon whom the State Chemist or chemist employed by the Commissioner of Agriculture and the person demanding the analysis shall agree. Such analysis is to be made at the expense of the person requesting the analysis. The certificate of analysis of the chemist making the analysis or referee chemist in case of appeal when properly verified by affidavit of the chemist making such analysis, shall be “prima facie” evidence in any court of law or equity in this State.

Rulemaking Authority 601.29(1), 601.97 FS. Law Implemented 601.92, 601.93, 601,94, 601.95, 601.96, 601.97 FS. History–New 12-31-74, Formerly 5G-1.01.