Definitions, Purpose, Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products, Requirements for the International Movement of Plants and Plant Products, Restrictions on Host Fruit of Fruit Flies, Quarantine ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-3.001Definitions

5B-3.002Purpose

5B-3.003Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products

5B-3.0032Requirements for the International Movement of Plants and Plant Products

5B-3.0035Restrictions on Host Fruit of Fruit Flies

5B-3.0038Quarantine Action

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 194, October 5, 2016 issue of the Florida Administrative Register.

 

5B-3.001 Definitions and Purpose.

No change.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 581.011, 581.031, 581.141, 581.182, 581.211 FS. History–Repromulgated 12-31-74, Formerly 5B-3.01, Amended 3-16-92, 7-2-95, 4-1-97, 2-17-04,                  .

 

5B-3.002 Purpose.

No change.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 570.32, 581.031, 581.141, 581.182, 581.211 FS. History– Repromulgated 12-31-74, Formerly 5B-3.02, Amended 3-16-92, 4-1-97, Repealed                .

 

5B-3.003 Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products.

Any person, nurseryman, stock dealer, agent, or plant broker doing business outside the State of Florida who desires to ship into this state nursery stock and other plants and plant products from any state, U.S. possession, territory, or district of the United States, shall comply with the following regulations:

(1) through (6) no change.

(7) The movement of propagative parts of sugarcane into the State of Florida is prohibited unless accompanied by a special permit issued by the department. Sorghum seed is exempt from this requirement provided it is free from plant pests.  A special permit may be requested by submitting to the Division at the address shown on the form an Application for Special Permit to Import Sugarcane, FDACS-08083, revised 9/16, which is incorporated herein by reference.  The requester must be in compliance as outlined in FDACS 08344, revised 12/16 Revised 9/16, Compliance Agreement Shipment of Propagative Parts of Sugarcane Into The State Of Florida, also incorporated herein by reference.  A copy of the application may be obtained via http://www.flrules.org/Gateway/reference.  A copy of the compliance agreement is available via http://www.flrules.org/Gateway/reference.

(8) – (9) no change.  

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031, 581.182 FS. History–New 3-16-92, Amended 7-2-95, 4-1-97, 6-12-00, 10-8-03,             .

 

5B-3.0032 Requirements for the International Movement of Plants and Plant Products.

No change.

Rulemaking Authority 570.07(23), 581.031(4) FS. Law Implemented 581.031(15), (19), (20) FS. History–New 4-1-97, Amended 10-8-03,                .

 

5B-3.0035 Restrictions on Host Fruit of Fruit Flies.

All host fruit listed below from an area infested with the fruit flies Anastrepha spp. (except A. suspensa), Bactrocera spp., Dacus spp., Rhagoletis spp. and Ceratitis spp. is prohibited entry into the State of Florida, unless accompanied by a certificate issued by an authorized representative of the USDA or the state of origin denoting the absence of fruit flies listed above and or having complied with a treatment approved established by the department or USDA to insure freedom from fruit flies as outlined in the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine Treatment Manual, Chapter 5, revised 12/2016.  Chapter 5 of this manual is incorporated herein and a copy may be obtained via http://www.flrules.org/Gateway/reference. The following host list does not exclude from restriction any movement into Florida of other fruit or articles that may be infested. The purpose of the list is to provide information as to the preferred hosts of fruit flies which most commonly move in commerce.

(1) through (10) - No change.

(11) Citrus spp. – orange, grapefruit, tangerine, and other citrus relatives as defined in Rule 5B-63.001, F.A.C., above

(12) through (55) - No change.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031 FS. History–New 7-2-95, Amended 10-8-03,                              .

 

5B-3.0038 Quarantine Action.

No change.

Rulemaking Authority 570.07(23), 581.031(4), 581.101 FS. Law Implemented 581.031(7), (9), 581.101 FS. History–New 4-1-97, Amended 6-12-00, 10-8-03, 9-24-08,                            .