The purpose of this rule is to establish delimiting survey, regulatory actions, and control procedures designed to contain and eradicate the giant African land snail in the State of Florida. The effect will be that the Florida Department of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Plant Industry

RULE NOS.: RULE TITLES:
5B-67.001Definitions
5B-67.002Purpose and Declaration of a Nuisance
5B-67.003Quarantine Area
5B-67.004Movement or Possession of Hosts and Regulated Articles; Conditions of Certification from Regulated Areas
5B-67.005Confiscation and Disposal of Hosts and Regulated Articles
5B-67.006Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication
PURPOSE AND EFFECT: The purpose of this rule is to establish delimiting survey, regulatory actions, and control procedures designed to contain and eradicate the giant African land snail in the State of Florida. The effect will be that the Florida Department of Agriculture can respond to the giant African land snail infestation in Miami /Dade County and contain and eliminate it within the authority of state laws and rules.
SUMMARY: To establish regulatory requirements for giant African land snail quarantine areas, movement or possession of regulated articles, conditions for certification of regulated articles, confiscation and disposal of regulated articles, designation of treatment areas and treatment procedures, and declaration of eradication.
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.
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), 581.031(1), (5), (7) FS.
LAW IMPLEMENTED: 570.07(2), (13), 581.031(1), (5), (6), (7), (20) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Richard Gaskalla, Director, Division of Plant Industry, Florida Department of Agriculture and Consumer Services, P.O. Box 147100, Gainesville, Florida 32614-7100. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Gaskalla, Director, Division of Plant Industry, Florida Department of Agriculture and Consumer Services, P.O. Box 147100, Gainesville, Florida 32614-7100

THE FULL TEXT OF THE PROPOSED RULE IS:

5B-67.001 Definitions.

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

(1) EPA. The United States Environmental Protection Agency.

(2) Giant African land snail or giant African snail. Any life stage of Achatina fulica, also known as Lissachatina fulica or other  synonyms thereof.

(3) Infested.  The condition of harboring the giant African land snail in any of its life stages.

(4) Regulated article(s). The giant African land snail and any article(s), including plants or plant parts, containers, or soil capable of transporting or harboring plant feeding snails, including but not limited to debris, compost, and building material(s).

(5) USDA-APHIS-PPQ. United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New ________.

 

5B-67.002 Purpose and Declaration of a Nuisance.

The purpose of these rules is to declare the giant African land snail a nuisance capable of causing harm to the public, as a plant pest of agricultural and landscape plants and to establish procedures for conducting a program to delimit, contain and eradicate the giant African land snail as defined in subsection 5B-67.001(2), F.A.C., in the State of Florida. This rule chapter designates the size of quarantine areas and the requirements for the movement and certification of regulated articles. It also designates the size of treatment areas and the procedures for conducting treatments, outlines program mitigative measures and sets forth the requirements for declaring eradication.  The giant African land snail is hereby declared a public and agricultural nuisance due to its detection in Miami/Dade County, its ability to rapidly reproduce, its ability to feed on over 500 different plant species, damage stucco and concrete surfaces, and its ability to harbor rat lung worm which can transmit a form of meningitis to humans.

Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.

 

5B-67.003 Quarantine Area.

(1) A minimum of a 0.5 mile radius area around a giant African land snail detection shall be quarantined upon finding an active population of two or more live snails in any life stage.

(2) The geographical boundaries of a quarantine area shall be published in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at www.freshfromflorida.com/pi.

(3) It shall be unlawful to move the giant African land snail or a regulated article within, through or from a quarantine area unless in accordance with Rule 5B-67.004, F.A.C.

(4) A list of regulated articles likely to be present in a quarantine area shall be published in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at www.freshfromflorida.com/pi.

(5) An area shall be released from quarantine following a declaration that the giant African land snail has been eradicated in accordance with subsection 5B-67.006(4), F.A.C.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.

 

5B-67.004 Movement or Possession of Hosts or Regulated Articles; Conditions of Certification from Regulated Areas.

(1) Compliance agreements. The certification of handling, processing, treatment and moving of regulated articles may be accomplished through the use of one of the following compliance agreements:  Compliance Agreement - Giant African Land Snail (GALS) Nursery/Stock Dealer/Garden Center, FDACS-08486, Rev. 01/13; Compliance Agreement - Giant African Land Snail (GALS) Solid Waste Facilities (Transfer Stations, Land  Fills, Recycling/Mulching/ Compost Facilities) and Commercial Trash Haulers, FDACS-08487, Rev. 01/13; and Compliance Agreement - Giant African Land Snail (GALS) Landscape / Lawn Maintenance, FDACS-08488, Rev. 01/13. 

(2) It shall be unlawful for any person to move any giant African land snails or other regulated articles within, through, or out of the quarantine area unless in compliance with this rule chapter and movement practices that have been authorized by the Department or the USDA-APHIS-PPQ via PPQ Permit 526.  Applicants must apply for a PPQ 526 via website www.aphis.usda.gov/permits/ppq_epermits.shtml .

(3)  All life stages of giant African land snails or other regulated articles may be moved within, through or out of a quarantine area if they are from an establishment that is under a compliance agreement, has been inspected and treated with an EPA-labeled molluscicide that is approved for use by the Department, and found to be free of the giant African land snail.  Hosts or regulated articles shall be certified by the Department for movement out of a quarantine area for commercial or distribution purposes following confirmation by the Department of the method above.  After confirmation, the Department shall issue a Temporary Certificate of Inspection, FDACS-08010, Rev. 07/12, as incorporated by reference in Rule 5B-2.010, F.A.C.  Prior to movement of hosts or regulated articles, the method of treatment and location of the treatment facility must be documented in the “Additional Declarations” section of FDACS-08010, Rev. 07/12.  Interstate movement of hosts or regulated articles shall be governed by 7 CFR §301.32 – Subpart – Fruit Flies (§301.32 and §301.32-1 to §301.32-10, effective June 9, 2008) which is incorporated by reference in subsection 5B-66.004(3), F.A.C.

(4) Soil and plants with soil attached shall be certified for movement only if an authorized representative of the Department or USDA-APHIS-PPQ has conducted an inspection and certified that they are not infested with the giant African land snail and originate from a property that is under a compliance agreement.

(5) Landscape and any article capable of transporting or harboring plant feeding snails, including but not limited to soil, debris, compost and building materials may be moved from a regulated area by parties under compliance agreement if it is apparently free of all life stages of the giant African land snail and is moved in a means of conveyance that safeguards the debris from spillage while in transit and is taken to an approved landfill the same day it is collected.

(6) Giant African land snails and associated regulated articles may be moved within Florida for research purposes under a special permit issued by the Director of the Division of Plant Industry. The special permit shall be a letter written to an individual and will contain the stipulations of the safeguards necessary to contain the giant African land snail and regulated articles.

(7) The following documents are hereby adopted and incorporated by reference.  These documents may be obtained by writing to the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection, at , P. O. Box 147100, Gainesville, FL 32614-7100 or online as indicated. 

(a) Compliance Agreement - Giant African Land Snail (GALS), Nursery/Stock Dealer/ Garden Center, FDACS-08486, Rev. 01/13, available online via website www.flrules.org/Gateway/reference.

(b) Compliance Agreement - Cooperative Giant African Land Snail (GALS) Solid Waste Facilities (Transfer Stations, Land Fills, Recycling/Mulching/Compost Facilities) and Commercial Trash Haulers, FDACS-08487, Rev. 01/13, online via website www.flrules.org/Gateway/reference.

(c) Compliance Agreement - Giant African Land Snail (GALS) Landscape / Lawn Maintenance, FDACS-08488, Rev. 01/13, online via website www.flrules.org/Gateway/reference.

Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.

 

5B-67.005 Confiscation and Disposal of Hosts and Regulated Articles.

Any regulated articles offered for sale or distribution within the quarantine area that are not in compliance with Rule 5B-66.004, F.A.C. shall be considered infested and:

(1) Shall be confiscated, held and destroyed by the Department at the expense of the vendor or person having possession of the hosts or regulated articles upon issuance of a Stop-Sale Notice and Hold Order, FDACS-08016, Rev. 02/10, as incorporated by reference in subsection 5B-65.005(2), F.A.C.; or

(2) Shall be voluntarily destroyed by the vendor or person having possession of regulated articles pursuant to an Agreement For Treatment, Destruction, Forfeiture Or Return of Plants and/or Plant Parts, FDACS-08029, Rev. 04/08, as incorporated by reference in Rule 5B-3.0038, F.A.C.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.

 

5B-67.006 Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication.

(1) Treatment areas and treatment procedures to eradicate a giant African land snail infestation will be dependent on the number of infested properties detected and the geographical area affected by the infestation, but will generally encompass an area of 200 yards beyond all known infested properties.  The geographical boundaries of treatment areas shall be published in a major newspaper of general distribution in the treatment area, provided to affected industry groups, and published on the Department’s website at www.freshfromflorida.com/pi.  Treatment areas shall be treated under the direction of the Department or the USDA-APHIS-PPQ. All pesticide applications will be applied in accordance with applicable federal and state regulations when implementing mitigative measures in order to reduce environmental and public impact as described in subsection 5B-67.006(3), F.A.C. The Department or other parties acting in concert with the Department through a compliance agreement shall use the following treatment activities or combinations thereof:

(a) Ground applications of an EPA-registered molluscicide, an Emergency Exempted product as authorized by Federal Insecticide Fungicide and Rodenticide Act (FIFRA), Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136v, effective October 25, 1988] that are labeled as effective for giant African land snail control as incorporated by reference in 5B-66.004(6)(b)1., F.A.C., and 5B-66.006(1)(a) and (2)(c), F.A.C.

(b) Bait application of molluscicide products labeled by the EPA for residential use to control the giant African land snail will be applied to properties infested or suspected to be infested within treatment areas as defined  in Subsection 5B- 67.006 (2), F.A.C.;

(c) The removal and disposal of plant parts and debris known or suspected to harbor any stage of the giant African land snail;

(d) The placement of traps and destruction by an approved method of all collected giant African land snails;

(e) Removal and destruction by an approved method of giant African land snails through hand collection or other mechanical methods.

(2) Treatment procedures. Treatments will be conducted by the Department in accordance with the following procedures after notification to applicable federal, state, and local government agencies and officials.  Such agencies and officials will be provided an opportunity to comment on program procedures or mitigative measures, or to participate in program monitoring activities:

(a) All necessary control actions among those listed in 5B-67.006(1)(a-e), F.A.C., will be conducted based on the biology and known behavioral traits of the giant African land snail and using the treatments necessary to prevent further spread and achieve eradication.

(b) Local hospitals and public health facilities and agencies will be notified of the pesticide treatment schedules and the types of pesticides used and all accidental pesticide exposures will be reported to the appropriate local, state and federal authorities.

(c) All applicable environmental laws and regulations will be followed and an environmental monitoring program in accordance with applicable federal and state environmental laws will be implemented.

(d) All pesticides will be applied under the supervision of certified applicators as applicable and in accordance with label instructions, applicable quarantine or emergency exemptions, USDA Environmental Impact Statements, site-specific Environmental Assessments and state licensing requirements.

(e) All appropriate program personnel will be trained on the proper use and storage of materials and instructed on emergency procedures in the event of accidental chemical exposure.

(f) All necessary safety and cleaning equipment, protective clothing and Material Safety Data Sheets will be provided to program personnel.

(3) Program Mitigative Measures. The following mitigative measures will be taken to reduce public and environmental impact:

(a) Residents in treatment areas shall be notified in person or by posted notice at least 24 hours in advance of the date and time of planned pesticide treatments.  A general notice will be provided to citizens at large and affected industry groups, and published on the Department’s website at www.freshfromflorida.com/pi. Notifications will be in English and other languages as necessary based on the ethnic structure of the community. The notification shall include basic information about the program, the geographical boundaries of the treatment area, treatment procedures and measures to be taken to avoid exposure and reduce damage.

(b) A telephone help line system will be established to keep the public informed of program activities and serve as a mechanism for registering and responding to complaints.

(c) The United States Department of the Interior’s Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission will be contacted to determine the presence of any endangered or threatened species in need of protection within the treatment area and the program shall take appropriate measures to protect those species as recommended by these agencies.

(d) Sensitive areas in or near treatment areas shall be identified prior to chemical treatments and appropriate measures taken to ensure that these areas are not adversely affected.

(e) All control actions will be conducted with appropriate concern for potential impact on the public, wildlife, non-target organisms and sensitive areas.

(4) Declaration of Eradication. Following the completion of all treatments, eradication shall be declared when no giant African land snail is detected after a period of a minimum of two years.  The Department shall publish notice of the Declaration of Eradication in a major newspaper of general distribution in the quarantine area, will provide notice to affected industry groups, and publish the notice on the Department’s website at www.freshfromflorida.com/pi.

(5) Program Evaluation.  Following the completion of the giant African land snail eradication program, program activities and monitoring results will be reviewed and evaluated and appropriate changes implemented for future programs.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Gaskalla, Division Director, Division of Plant Industry, Florida Department of Agriculture and Consumer Services, P.O. Box 147100, Gainesville, Florida 32614-7100
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 5, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 11, 2013