The purpose of this rulemaking is to provide notice of revisions to a form incorporated by reference in the rule and to incorporate two Department forms that were not previously adopted by Department rule. The effect of this rulemaking will be to ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:
5E-4.0041Disposition of Seed Contaminated with Noxious Weed Seed
PURPOSE AND EFFECT: The purpose of this rulemaking is to provide notice of revisions to a form incorporated by reference in the rule and to incorporate two Department forms that were not previously adopted by Department rule. The effect of this rulemaking will be to bring the forms into compliance with Section 120.55(1)(a)4., Florida Statutes.
SUMMARY: The proposed rule incorporates by reference the forms entitled Stop Sale, Stop Use, or Hold Order (DACS-13233, Rev. 06/10) and Authorization for Movement of Goods Under Stop Sale Order (DACS-13249, Rev. 08/10). The proposed rule also provides notice of revisions to the form entitled Release Notice, (DACS-13248, Rev. 08/10).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rulemaking revises and adopts forms used by the Department to enforce statutes and rules under its jurisdiction. The Department’s economic analysis of the adverse impact of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon Department’s experiences with form adoption rules of this nature. Additionally, no interested party submitted additional information regarding the economic impact.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 570.07(23), 576.181, 578.11(2), 580.036(2) FS
LAW IMPLEMENTED: 487.101, 576.111, 578.11(3), 578.12, 580.111 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Kelly Friend, Chief, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building #8, Tallahassee, Florida 32399-1650, [phone].
THE FULL TEXT OF THE PROPOSED RULE IS:

5E-4.0041 Disposition of Seed Contaminated with Noxious Weed Seed.

(1) No change.

(2) Seed lots which have been reprocessed shall be re-inspected and re-tested by the department to determine if the violation of Section 578.13, F.S., has been corrected. If, after subsequent inspection and testing, the violation of Section 578.13, F.S., has been corrected, the department shall issue to the owner, the Department form entitled Release Notice (DACS-13248, Rev. 08/10) a release (Release Notice Form DACS-13248 Rev 07/08), for the lot under stop-sale, stop-use, removal, or hold order and the seed lot may be sold and distributed upon relabeling.  If, after two consecutive attempts to reprocess the seed lot, the seed lot continues to contain excessive noxious weed seeds as listed in Rule 5E-4.003, F.A.C., the seed lot under stop-sale, stop-use, removal, or hold order shall be destroyed by incineration or burial to a depth of at least three feet for a period of at least 1 year. The Release Notice (DACS-13248 Rev. 07-08), is hereby adopted and incorporated by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32300-1650 or by visiting http://www.doacs.state.fl.us/onestop/aes/seed.html.

(3) Any seed lot found to contain the restricted noxious weed seed Tropical Soda Apple, solanum viarum, at a rate of one seed per pound shall be labeled, in addition to the requirements listed in Section 578.09, F.S., with the following information:

(a) No change

(b) Plainly printed in red ink affixed in a permanent manner on the container in a size 16 font: “Seed in this container has been determined by laboratory analysis to be contaminated with the noxious weed Tropical Soda Apple at a rate of one seed per pound. This seed is only for distribution, sale, or planting within the State of Florida. Purchaser of this seed should follow the recommendations in the document SS-AGR-130 “Management Practices to Control Tropical Soda Apple”  entitled SS-AGR-77 “Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in Florida” (Revised February 2010) published by the University of Florida, Institute of Food and Agricultural Sciences, to prevent the establishment and spread of this noxious weed. Copies of this document can be obtained at your local UF/IFAS Extension Office or found online at http://edis.ifas.ufl.edu/UW188.”

(c) No change.

(d) The IFAS document SS-AGR-130 “Management Practices to Control Tropical Soda Apple”  is hereby adopted and incorporated by reference and can be found on-line at http://edis.ifas.ufl.edu/UW188.

(4) The following documents are hereby adopted and incorporated by reference.  These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 and are available online as indicated.

(a) Stop Sale, Stop Use, or Hold Order (DACS-13233, Rev. 06/10), http://www.flrules.org/Gateway/reference.

(b)Release Notice (DACS-13248, Rev. 08/10), http://www.flrules.org/Gateway/reference.

(c) Authorization for Movement of Goods Under Stop Sale Order (DACS-13249, Rev. 08/10), http://www.flrules.org/Gateway/reference.

(d) University of Florida, Institute of Food and Agricultural Sciences, SS-AGR-77 “Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in Florida” (Revised February 2010).  http://www.flrules.org/Gateway/reference.

Rulemaking Specific Authority 570.07(23), 576.181, 578.11(2), 580.036(2) FS. Law Implemented 487.101, 576.111, 578.11(3), 578.12, 580.111 FS. History–New 11-14-04, Amended 11-26-08, Amended ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H, Rackley, Director of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 6, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 23, 2012