The purpose is to establish regulatory activities for movement and quarantine of citrus plants and put into effect compliance agreements for various pests and diseases of concern.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-63.001Citrus Health Response Program

PURPOSE AND EFFECT: The purpose is to establish regulatory activities for movement and quarantine of citrus plants and put into effect compliance agreements for various pests and diseases of concern.

SUMMARY: This amendment will update referenced material used to regulate the movement of citrus in areas where quarantine is in place.

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 Department’s economic analysis of the adverse impact or 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 current regulatory activities being conducted by the department and found no increased costs or fees being placed upon the harvesters, growers, packers or processors by the amendments for this rule. 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(21),(23), 581.031(1),(4),(5), 581.091(1), 581.101(1), 581.184 FS.

LAW IMPLEMENTED: 570.07(2),(13),(21), 581.031(6),(7),(9),(15),(17), 581.031, 581.101, 581.131, 581.141, 518.184, 581.211 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: Dr. Greg Hodges, Asst. Director, Division of Plant Industry; PO Box 147100; Gainesville, FL 32614-7100

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-63.001 Citrus Health Response Program.

(1) Definitions. For the purpose of this rule, the definitions in Section 581.011, F.S., and the following definitions shall apply:

(a) Approved decontaminants. Products verified as effective by the Department and capable of decontaminating equipment and personnel of citrus black spot, citrus canker, or other diseases of regulatory significance. that have been verified effective by the Department.

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

(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.

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

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

(f)(d) Citrus canker. A bacterial disease of citrus incited by the organism Xanthomonas citri subsp. citri Xanthomonas axonopodis pv. citri, (formerly known as Xanthomonas axonopodis campestris pv. citri), Asian strain.

(g)(e) Citrus greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter asiaticus, (also known as or huanglongbing, (also known as yellow dragon disease, or yellow shoot disease) that is vectored by Diaphorina citri and Trioza erytreae.

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

(i)(g) Exposed. Determined by the Ddepartment to likely harbor citrus black spot or citrus canker bacteria, but not expressing visible symptoms, or determined by the department to likely harbor citrus greening bacteria or other citrus diseases of regulatory significance because of proximity to infected plants or infected vectors of the diseases psyllids.

(j)(h) Foundation tree. A citrus tree owned and maintained by the Ddepartment in accordance with Rule 5B-62.014, F.A.C. that is used for horticultural evaluation and to provide a source of budwood to nurseries, primarily for establishing scion and increase trees.

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

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

(2) Purpose. The purpose of tThis rule is enacted to manage the impact of citrus black spot, citrus canker, and citrus greening, and other diseases of regulatory significance in commercial citrus groves. To accomplish that purpose, this rule declares citrus black spot, citrus 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 pest-infested areas or those quarantined for citrus black spot, citrus greening, or the Asian citrus psyllid.

(3) Declaration of citrus black spot, citrus canker, citrus greening and the Asian citrus psyllid as plant pests. Pursuant to Section 581.031(6), F.S., citrus black spot, citrus canker, citrus greening and the Asian citrus psyllid are declared to be plant pests and nuisances capable of causing serious damage to citrus.

(4) Quarantine areas.

(a) The delimited areas Broward County, Martin County, Miami-Dade County, Monroe County, and Palm Beach County, in their entirety in the South Florida Citrus Black Spot Quarantine Zone Map are declared quarantined because of the presence of citrus black spot greening disease. The map of quarantined areas is incorporated herein and may be found online at http://www.flrules.org/Gateway/reference.

(b) Other areas around a site where an infestation of citrus black spot greening is known to occur will also be quarantined. The geographical boundaries of the quarantine area will be based on the potential of citrus black spot greening being present and will encompass an area around a citrus black spot greening infected site of approximately three six square miles. Affected 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.

(c) The entire state of Florida is under a federal quarantine for citrus canker, citrus greening and the Asian citrus psyllid.

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

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

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

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

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

1. Aeglopsis chevalieri (Chevalier’s aeglopsis)

2. Balsamocitrus dawei (Uganda powder-flask)

3. Calodendrum capensis Thunb. (Cape chestnut)

4. X Citrofortunella microcarpa (calamondin)

5. X Citroncirus webberi (citrange)

6. Citrus spp. (orange, grapefruit, tangerine, etc.)

7. Clausena indica (clausena)

8. Clausena lansium (wampee, wampi)

9. Fortunella spp. (kumquat)

10. Limonia acidissima (Indian wood-apple)

11. Microcitrus australasica (finger-lime)

12. Murraya koenigii (curry-leaf)

13. Murraya paniculata (orange-jasmine)

14. Poncirus trifoliata (trifoliate orange)

15. Severinia buxifolia (Chinese box-orange)

16. Swinglea glutinosa (tabog)

17. Toddalia lanceolata (toddalia)

18. Triphasia trifolia (trifoliate lime-berry)

(b) Hosts of Asian citrus psyllid only

1. Aegle marmelos (bael, Bengal quince)

2. Afraegle gabonensis (Gabon powder-flask)

3. Afraegle paniculata (Nigerian powder-flask)

4. Atalantia sp. (atalantia)

5. Citropsis gilletiana (Gillet’s cherry-orange)

6. Citropsis schweinfurthii (African cherry-orange)

7. Clausena anisum-olens (anis)

8. Clausena excavata (clausena)

9. Eremocitrus glauca (Australian desert-lime)

10. Eremocitrus hybrid (desert-lime)

11. Merrillia caloxylon (flowering merrillia)

12. Microcitrus australis (Australian round-lime)

13. Microcitrus papuana (desert-lime)

14. X Microcitronella ‘Sydney’ (faustrimedin)

15. Naringi crenulata (naringi)

16. Pamburus missionis (pamburus)

17. Toddalia asiatica (orange-climber)

18. Vepris lanceolata (white ironwood)

19. Zanthoxylum fagara (wild-lime)

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

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

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

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

1. 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.

2. 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 http://www.flrules.org/Gateway/reference.

3. 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 paragraph (6). These federal orders may be obtained online via http://www.flrules.org/Gateway/reference.

(b) The movement of Asian citrus psyllid host plants that are not also hosts of citrus greening from a citrus greening quarantine area is prohibited unless treated under the supervision of the department and accompanied by an Asian citrus psyllid certificate (Temporary Certificate Of Inspection For Citrus Psyllid, DACS-08376, effective 10/05, and incorporated in this rule by reference) and provided they are not destined to a commercial citrus producing area outside of Florida. A copy of Temporary Certificate Of Inspection For Citrus Psyllid, DACS-08376, effective 10/05, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881.

(c) The movement of citrus fruit from a citrus canker quarantine area is governed by USDA regulations contained in 7 CFR 301.75, Citrus Canker; Notice of Quarantine and Regulations, Edition 1-1-15.  There are no restrictions on citrus fruit movement from citrus greening quarantine areas. This regulation is hereby incorporated by reference and a sample may be obtained online via http://www.flrules.org/Gateway/reference.

(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 http://www.flrules.org/Gateway/reference.

(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 http://www.flrules.org/Gateway/reference.

(f) A CHRP Citrus Waste Disposal Site Permit may be requested by contacting the Bureau of Pest Eradication and Control Regulatory Supervisor at [phone] 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:

1. Site must be outside the CBS Quarantine Area;

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

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

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

(7) Regulated Areas. 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 citrus black spot, citrus canker, or citrus greening, or an exotic disease of citrus. The Ddepartment shall require the removal of infected or infested citrus, or citrus planted or citrus sprouted by natural means after the establishment of regulated areas. The property owner shall be responsible for the removal of such citrus. 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.

(8) All citrus grove owners or their assigned representatives, caretakers, harvesters, haulers, packers, and processors must sign compliance agreements if personnel and equipment are exposed to citrus black spot quarantine trees or fruit and debris, and if participating in markets requiring pre-harvest inspections to receive harvesting permits that certify groves and fruit as free from citrus canker, citrus black spot, or other pests of regulatory concern.  All growers and regulated companies must sign compliance agreements in order to meet Citrus Health Response Program standards and USDA/APHIS regulations.:

(a) Citrus Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 7/15, effective 2/07, and is hereby incorporated into this rule by reference and a sample. A copy of Citrus Grower/Caretaker Compliance Agreement, DACS-08316, effective 2/07, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881 online via http://www.flrules.org/Gateway/reference.

(b) Citrus Processor Compliance Agreement, FDACS-08356, Rev. 7/15 effective 2/07, is hereby and incorporated into this rule by reference and a sample. A copy of Processor Compliance Agreement, DACS-08356, effective 2/07, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881 online via http://www.flrules.org/Gateway/reference.

(c) Packinghouse Compliance Agreement, DACS-08358, effective 2/07, and incorporated into this rule by reference. A copy of Packinghouse Compliance Agreement, DACS-08358, effective 2/07, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881.

(c)(d) Harvester/Hauler Handler Compliance Agreement, FDACS-08359, Rev. 7/15, effective 2/07, and is hereby incorporated into this rule by reference and a sample . A copy of Harvester/Handler Compliance Agreement, DACS-08359, effective 2/07, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881 online via http://www.flrules.org/Gateway/reference. Fruit may not be harvested from a grove if a valid compliance agreement is not in place.

(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 http://www.flrules.org/Gateway/reference.

(e) Schedule 10, Information Resources, Rev. June 2015 effective 6/06, is hereby and incorporated into this rule by reference and a sample. A copy of Schedule 10, Information Resources, effective 6/06, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881 online via http://www.flrules.org/Gateway/reference.

(f) Schedule 11, Approved Decontamination Products and Methods, Rev. June 2015 effective 1/0 7, is hereby and incorporated into this rule by reference and a sample. A copy of Schedule 11, Approved Decontamination Products and Methods, effective 1/07, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881 online via http://www.flrules.org/Gateway/reference.

(9) Decontamination requirements. All citrus harvesters, intermediate handlers, grove owners, or 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 the Schedule 11 referenced above attachment of compliance agreements listed in subsection (8).

(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.

(11) Citrus grove surveys.

(a) In addition to the routine inspection of citrus groves by the Ddepartment, citrus grove owners and or caretakers shall should conduct a self-inspection of their groves every 90 60 days. If citrus black spot canker or citrus greening suspect exotic disease of citrus is found, the Ddepartment must be notified as soon as possible immediately. Failure to notify the Ddepartment of citrus black spot canker or a suspect exotic disease of citrus citrus greening is a violation of Section 581.091, F.S., and this rule and is subject to penalties in accordance with Section 581.211, F.S.

(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 http://www.flrules.org/Gateway/reference.  The application is hereby incorporated and may be obtained online via thhp://www.flrules.org/Gateway/reference.

(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 http://www.flrules.org/Gateway/reference.

(12) The Citrus Health Response Plan, Version 2.0, Rev. 8/26/2015 effective date 6/30/06, is hereby and incorporated into this rule by reference, is hereby adopted by this rule and is available online via http://www.flrules.org/Gateway/reference. 7 CFR 301.76, Citrus 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 http://www.flrules.org/Gateway/reference.

Rulemaking Authority 570.07(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), 581.184 FS. Law Implemented 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), 581.083, 581.101, 581.131, 581.141, 581.184, 581.211 FS. History–New 8-28-07, Amended ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Greg Hodges, Asst. Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture, Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/13/2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 17, 2015, Vol. 41/223