Definitions, Purpose, Registering with the Division, Certification and Quarantine of Nursery Stock, Certificates of Inspection (Tags), Record of Movement of Nursery Stock or Plant Material Under Inspection, Special Inspection and Certification Fees
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5B-2.001Definitions
5B-2.0011Purpose
5B-2.002Registering with the Division
5B-2.0025Certification and Quarantine of Nursery Stock
5B-2.004Certificates of Inspection (Tags)
5B-2.008Record of Movement of Nursery Stock or Plant Material Under Inspection
5B-2.010Special Inspection and Certification Fees
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. 2, January 5, 2016 issue of the Florida Administrative Register.
5B-2.001 Definitions and Purpose
(1) For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply:
(a) through (e) No change.
(f) Limited distribution. A pest found in a geographic area or county, but not throughout the entire state.
(g)(f) Location. A nursery, stock dealer, plant broker or agent offering nursery stock for sale or distribution under the control of a parent organization, corporation, partnership, personal business, cooperative, or other legal business entity.
(h) 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) No change.
Rulemaking Authority 570.07(23), 581.031(1), (4), (5), FS. Law Implemented 581.011, 581.031, 581.083, 581.121, 581.131, 581.141, FS. History–Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.01, Amended 6-7-95, 8-26-03, Repromulgated 3-11-04, Amended __________________.
5B-2.0011 Referenced Material
The following documents are herby 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, P.O. Box 147100, Gainesville, Florida 32614-7100, or online as indicated.
(a) through (n) renumbered to (1) through (14). No change.
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031, 581.083, 581.121, 581.131, 581.141 FS. History–New 6-15-81, Amended 10-28-85, Formerly 5B-2.011, Amended 5-17-92, _______
5B-2.002 Registering with the Division
Every nurseryman, stock dealer, and plant broker shall register with the division before moving, distributing or offering nursery stock for sale. All seeds, cut flowers, cut fern, cut foliage not for propagation, and lawn and pasture grasses not produced as certified turfgrass are specifically exempted from nursery stock classification for registration purposes when apparently free from injurious plant pests.
(1) Application for registration of nurseries shall be made upon an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, as incorporated in Rule 5B-2.0011, F.A.C., and must be signed by the applicant or applicant’s representative.
(a) Nurserymen desiring to obtain a certificate of registration and move, sell, distribute, or offer nursery stock for sale shall request an inspection by the division at least thirty (30) days in advance of the date upon which they desire to move or offer nursery stock for sale. Nurserymen requesting a certificate of registration in less than 30 days shall immediate inspection may be charged a temporary certificate of inspection fee as provided in Rule 5B-2.010, F.A.C. an additional special inspection fee sufficient to defray the cost of inspection.
(b) The nursery stock must be inspected by an authorized representative of the division and found to be apparently free from plant pests of regulatory quarantine significance and to be reasonably free from common plant pests.
(c) No change.
(d) Nurserymen, unless exempted under rule paragraph 5B-2.002, F.A.C., must pay an annual certificate of registration fee. Such fee shall be determined by the amount of nursery stock inventoried in the nursery by an authorized representative during the first inventory inspection after July 1. For field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers, the certificate of registration fee shall be based on the amount of planted acreage provided that the total fee does not exceed four hundred sixty dollars ($460). Upon meeting registration requirements, a certificate of registration shall be issued by the division which shall expire twelve (12) months following date-of-issue. Nurseries having nursery stock, field-produced vegetable transplants, field-produced bulbs, and field-produced corms or tubers shall have the planted acreage fee added to the fee determined for nursery stock. The combined fees shall not exceed four hundred sixty dollars ($460).
1. through 3. No change.
(e) through (f) No change.
(2) No change.
Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.131, 581.141 FS. History–Amended 12-31-74, 6-24-75, 3-25-79, 6-15-81, 10-28-85, Formerly 5B-2.02, Amended 5-17-92, 6-7-95, 11-29-95, 6-12-00, 8-26-03, 3-11-04, .
5B-2.0025 Certification and Quarantine of Nursery Stock
(1) Foreign Pplant pests of regulatory significance requiring immediate quarantine action. All nursery stock found to be infested or infected with or exposed to a plant pest not known to be established in the state will be quarantined, placed under stop sale using a Hold Order And Quarantine, FDACS 08016, Revised 02/10, as incorporated by reference in 5B-65.005, F.A.C., and will not be eligible for certification until the plant pest has been eliminated and released from quarantine and stop sale by the Department.
(2) No change.
(3) Common Plant Pests. All nursery stock found infested or infected with a common plant pest shall be quarantined and placed under stop sale using a Hold Order And Quarantine, FDACS 08016, Revised 02/10, as incorporated by reference in 5B-62.005, F.A.C., when the population of the plant pest is adversely affecting the nursery stock. The nursery stock will not be eligible for certification until the plant pest has been eliminated and released from quarantine and stop sale by the Department.
Rulemaking Authority 570.07(13), (23), 581.031(4), (5) FS. Law Implemented 581.031(4), (5), (6), (7), (30), 581.083, 581.101 FS. History–New 6-7-95, Amended 10-8-96, 8-26-03, __________.
5B-2.004 Certificates of Inspection
No change.
Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 581.031(21), 581.131 FS. History–Amended 6-26-55, Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.04, Amended 7-27-86, 5-17-92, 6-7-95, 10-8-96, 6-12-00, .
5B-2.008 No change.
Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(19) FS. History–Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.08, Amended 5-17-92, .
5B-2.010 Special Inspection and Certification Fees
(1) Special inspection and certification services that may be provided by the division when requested by farmers, growers or other interested parties may include treatments, pest identifications, plant identifications, investigations, and regulatory activities not otherwise specifically provided for by Chapter 581, F.S. Governmental agencies requesting special inspections or permits for research purposes may be exempt from fees. The prescribed fees for these special inspections and certifications shall be as follows:
Type of Certification
Charge
Form
Inspection and state
of origin certificate, Phytosanitary
export certificate, Phytosanitary
reexport certificate, Post entry quarantine site inspection.
Mileage1 and $50 minimum per
inspection.2
Other special inspection.2
Temporary inspection fee2
Mileage1 and $50 minimum per
inspection2.
Follow-up Quarantine
Inspections. No charge first
inspection.
Mileage1 and $50 minimum
per inspection.2
No charge first
inspection.
Phytosanitary export certificate noncommercial (homeowner plants or homeowner plant products)
Mileage1 and $25 minimum per inspection. 2
Cut flower, cut fern.
$10 per acre per crop. Inspection
plus mileage1, $25 minimum per location.
Import inspection for commercial
shipments of plants or plant products.
Mileage1 and $50 per hour
per inspection from time of
arrival to departure, $50 minimum per location.
Growing season field inspection of
bulbs, seed, vegetable and tobacco transplants.
$10 per acre per inspection
plus mileage1, $25 minimum per location.
Vegetable transplants, aquatic and annual
(bedding) plants (greenhouse, hotbeds, or
other growing units).
Mileage1 and $25 per 10,000 square feet of growing unit space, $25 minimum per location and $10 for each 1000 square feet of approved growing space per inspection.
Nematode certification.
Mileage1 and $50 per sample.
FDACS-08270, Consolidation Declaration For Florida Nursery
Stock Destined To Texas Or
Louisiana, Revised 11/15.
FDACS-08472, Revised 11/15, Texas / Louisiana Stock Dealer Compliance Agreement
Botany diagnostic fee.
$55 per sample
FDACS 08078, Botany Specimen Report, Revised 11/15.
Entomology diagnostic fees
$55 per sample.
FDACS 08400 Specimen Submission Form, Revised 11/15.
Plant Pathology diagnostic fee.
$55 per sample.
FDACS 08429, Plant Pathology Specimen Report, Revised 11/15.
Molecular diagnostic fee.
$55 per sample.
FDACS 08078, Botany Specimen Report, Revised 11/15.
FDACS 08400 Specimen Submission Form, Revised 11/15.
FDACS 08429, Plant Pathology Specimen Report, Revised 11/15 .
FDACS 08077, Nematode Report, Revised 11/15.
Lettuce mosaic samples.
$90 per sample ($180 if found
positive).
FDACS 08429, Plant Pathology Specimen Report, Revised 11/15 .
Nematology diagnostic fee.
$55 per sample.
FDACS-08077, Nematode Report, Revised 11/15.
Caribbean fruit fly protocol participation.
Up to $4.00 per acre per month.
FDACS-08161, Caribbean Fruit Fly Protocol Program Application For Participation, Revised 11/15
FDACS-08233, Caribbean Fruit Fly Certification Program-Establishment Of McPhail Traps, Revised 11/15.
Grades and Standards regrading inspections.
Mileage1 and $50 per hour per
inspector from time of arrival to
departure, $50 minimum per inspection2.
Permits for importing regulated organisms.
$12.50 per species not to exceed
$50 per permit.
FDACS-08208, Application And Permit To Move Organisms Regulated By The State Of Florida, Revised 1/13, incorporated by reference in 5B-57.004, F.A.C.
(2) Governmental agencies requesting one of the above services for research purposes may be exempt from fees if the following criteria is met:
(a) Department staff time does not exceed two hours of an eight-hour work day; and
(b) Department staff is not be required to travel greater than fifty miles from employee headquarters.
1Mileage shall be based on the prevailing state mileage rate.
2There shall be a $15 charge for each additional phytosanitary export, phytosanitary reexport, inspection and state of origin, post entry quarantine site inspection and other applicable special inspection certificates written at the same location for the same destination provided no inspection was made.
Rulemaking Authority 570.07(23), 581.031(23) FS. Law Implemented 581.031 FS. History–New 6-15-81, Amended 10-28-85, Formerly 5B-2.10, Amended 7-27-86, 5-6-87, 11-19-89, 5-17-92, 11-29-95, 4-9-96, 10-8-96, 6-12-00, 3-31-02, 11-8-06, .
