DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5B-63.001Citrus Health Response Program
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. 41 No. 231, December 1, 2015 issue of the Florida Administrative Register.
5B-63.001 Citrus Health Response Program.
(1)(a) through (l) No change.
(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 581.011(26), F.S. as any 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 products.
(2) through (3) No change.
(4) Quarantine areas.
(a) The delimited areas in the South Florida Citrus Black Spot Quarantine Zone Map are declared quarantined because of the presence of citrus black spot disease. The map of quarantined areas is incorporated herein and may be found online at http://www.flrules.org/Gateway/reference.
(a)(b) Any Other areas around a site where an infestation of citrus black spot is known to occur will also be quarantined due to their inseparability for quarantine enforcement purposes. The geographical boundaries of the quarantine area will be based on the potential of citrus black spot being present and will encompass an area within a one-mile radius of each citrus plant location confirmed positive for the around a citrus black spot disease infected site of approximately three square miles. In addition, each section intersected by the one-mile arc will be included in its entirety in the citrus black spot quarantine. 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.
(b)(c) The entire state of Florida is under a federal quarantine for citrus canker, citrus greening and the Asian citrus psyllid.
(5) No change.
(6) Movement of regulated articles from or through a quarantine area.
(a) The movement or planting of citrus black spot host plants as listed in subsection paragraph (5) from or within a citrus black spot 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. through 2. No change.
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 subsection paragraph (6). These federal orders may be obtained online via http://www.flrules.org/Gateway/reference.
(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) through (e) No change.
(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:
1. Site must be outside the Citrus Black Spot CBS Quarantine Area;
2. through 4. No change.
(7) Regulated Areas.
(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 citrus black spot, citrus canker, citrus greening, or any disease of regulatory significance an exotic disease of citrus.
(b) When a disease of regulatory significance is detected in a regulated area, tThe Department may shall require the removal of citrus 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. infected or infested citrus, or citrus planted or citrus sprouted by natural means after the establishment of regulated areas. The risk assessment will be based upon the following criteria:
1. Economic impact to the citrus industry and to the State of Florida;
2. The latest scientific research available on the disease and vector; and
3. Impact to the growers, caretakers, processors and packers ability to produce citrus and maintain the industry’s viability.
(c) The property owner shall be responsible for the removal of such citrus, if removal is required. 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 significance. All growers and regulated companies must sign compliance agreements in order to meet Citrus Health Response Program standards and USDA/APHIS regulations.
(a) through (d) No change.
(e) Schedule 10, Information Resources, Rev. June 2015, is hereby incorporated by reference and a sample copy may be obtained online via http://www.flrules.org/Gateway/reference.
(f) Schedule 11, Approved Decontamination Products and Methods, Rev. June 2015, is hereby incorporated by reference and a sample copy may be obtained online via http://www.flrules.org/Gateway/reference.
(9) through (10) No change.
(11) Citrus grove surveys.
(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 suspect disease of citrus is found, the Department must be notified no later than the next business day as soon as possible. Failure to notify the Department of citrus black spot or a suspect exotic disease of citrus 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) through (c) No Change.
(12) The Citrus Health Response Plan, Rev. 01/08/2016 8/26/2015, is hereby incorporated by reference 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 ______________.
