5B-62.001: Definitions
5B-62.002: Purpose
5B-62.003: Plant Pest Declaration
5B-62.004: Manuals
5B-62.005: Forms
5B-62.006: Citrus Budwood Technical Advisory Committee
5B-62.007: Citrus Nursery Stock Certification Program
5B-62.008: Requirements for Citrus Nursery Site Approval
5B-62.009: Requirements for Citrus Nursery Sanitation
5B-62.010: Requirements for Citrus Nursery Structure
5B-62.011: Requirements for Citrus Propagation
5B-62.012: Source Trees
5B-62.013: Parent Trees
5B-62.014: Foundation Trees
5B-62.015: Scion Trees
5B-62.016: Increase Trees
5B-62.017: Source Tree Registration Certificate
5B-62.018: Procedure for Identifying and Recording Commercial Citrus Nursery Stock
5B-62.019: Inter- or Intra-Nursery Movement of Plant Material
5B-62.020: Retail Sales
5B-62.021: Requirements for Soil Pit Approval
5B-62.022: Requirements for Utility and Road Construction
5B-62.023: Stop-Sale Notice or Hold Order (DACS-08016)
5B-62.024: Release from Quarantine or Withdrawal of Stop-Sale Notice or Hold Order (DACS-08016)
5B-62.025: Fees
5B-62.026: Citrus Produced for Research Purposes
5B-62.027: Exemptions
PURPOSE AND EFFECT: The purpose of these amendments is to clarify definitions and requirements for seed source trees now that there is some evidence citrus greening could be transmitted by seed. Also requirements for top-working are clarified and additional provisions have been made for researchers to conduct field trials.
SUBJECT AREA TO BE ADDRESSED: Citrus Nursery Stock Certification Program.
SPECIFIC AUTHORITY: 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS.
LAW IMPLEMENTED: 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard Gaskalla, Director, Department of Agriculture and Consumer Services, Division of Plant Industry, Room A116, 1911 S. W. 34th Street, Gainesville, Florida 32608, (352)372-3505
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
5B-62.001 Definitions.
For the purpose of this rule chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply:
(1) African citrus psyllid. The insect known as African citrus psyllid, Trioza erytreae, classified in the order Homoptera, Family Psyllidae, and all of its life stages. It is a vector of citrus greening.
(2) Approved citrus nursery site. A defined area, which meets the certification requirements as prescribed by the Department.
(3) Approved soil pit. A soil source used for fill purposes, highway or road construction, or as an ingredient in plant growing or potting media which meet the Department requirements as to the absence of injurious nematodes of citrus.
(4) Asian citrus psyllid. The insect known as Asian citrus psyllid, Diaphorina citri Kuwayama, classified in the order Homoptera, Family Psyllidae, and all of its life stages. It is a vector of citrus greening.
(5) Australian Citrus Dieback. A disease from
(6) Barrier. An area of land of sufficient width and length located or established in a manner to prevent or suppress the natural or artificial spread of nematodes or other pathogens of citrus from an infested property to another property.
(7) Brown citrus aphid. Toxoptera citricida (Kirkaldy), classified in the order Homoptera, Family Aphididae, and all of its life stages.
(8) Budwood. A portion of a stem or branch with a vegetative bud(s) used in propagation for budding or grafting.
(9) Certified citrus nursery. A nursery which has been certified by the Department as meeting the requirements for production of citrus nursery stock free of pests of citrus.
(10) Certified Tree. A scion tree meeting all the requirements of Chapter 5B-62, F.A.C., but not yet having borne fruit or nursery trees propagated from a certified scion tree.
(11) Citrus. All species of the genera Citrus, Poncirus, and Fortunella including any hybrids thereof.
(12) Citrus blight. A root graft-transmissible disease of unknown etiology associated with xylem dysfunction which results in wilting and slow decline of trees.
(13) Citrus Budwood Foundation Grove. Plantings of pathogen-tested citrus trees, maintained by the Bureau of Citrus Budwood Registration, representing major commercial varieties and rootstocks for the purposes of horticultural observation. and distribution of budwood to
(14) Citrus canker. A bacterial disease of citrus incited by the organism Xanthomonas axonopodis pv. Citri.
(15) Citrus cachexia viroid (xyloporosis, Citrus viroid II). A graft- and mechanically-transmissible viroid incited by the organism Hop Stunt viroid in the Pospoviroidae family and Hostuviroid genus. Disease symptoms include phloem deterioration and blockage in many mandarin, mandarin hybrids, Citrus macrophylla Wester, Rangpur lime, and sweet lime. This disease causes decline, stunting, and crop reduction. Citrus exocortis viroid. A graft- and mechanically- transmissible pathogen incited by the organism Citrus exocortis viroid in the Pospoviroidae family and Pospoviroid genus. Disease symptoms include tree decline, stunting of growth, scaling and shelling of the rootstock bark of Poncirus trifoliata and many P. trifoliata hybrids and Rangpur lime.
(16) Citrus Chlortic Dwarf (CCD). A graft-transmissible disease vectored by the bayberry whitefly, Parabemisia myricae, classified in the order Homoptera and family Aleyrodidae. It is a disease of the Citrus greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter spp., or huanglongbing (also known as yellow dragon disease) and vectored by Diaphorina citri and Trioza erytreae. May be transmitted by seed. Disease symptoms include mottled foliage, asymmetrical bitter fruit and trees which become non-productive.
(17) Citrus exocortis viroid. A graft- and mechanically-transmissible pathogen incited by the organism Citrus exocortis viroid in the Pospoviroidae family and Pospoviroid genus. Disease symptoms include tree decline, stunting of growth, scaling and shelling of the rootstock bark of Poncirus trifoliata and many P. trifoliata hybrids and Rangpur lime. Citrus Nursery Stock Certification Program. A mandatory program administered by the Division of Plant Industry whereby nurserymen, growers and other people propagating citrus, including all dooryard, own-use and commercial plantings, are required to propagate citrus in accordance with these rules.
(18) Citrus greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter spp., or huanglongbing (also known as yellow dragon disease) and vectored by Diaphorina citri and Trioza erytreae. May be transmitted by seed. Disease symptoms include mottled foliage, asymmetrical bitter fruit and trees which become non-productive. Citrus tristeza virus. A graft-transmissible closterovirus in the Closteroviridae which is transmitted by aphids (primarily brown citrus aphid, Toxoptera citricida). Severe strains, as opposed to mild strains, of the virus cause severe stem pitting, seedling yellows, or quick decline on sour orange rootstock which result in reduced crops or loss of trees.
(19) Citrus Leaf Blotch Virus (CLBV). Also known as Dweet Mottle, it is a wide-spread, graft-transmissible and seed-transmissible disease with no known vector. It is incited by a virus that is expected to be placed in a new genus in the Flexiviridae. It may cause a bud-union disorder in certain varieties on specific rootstocks. Citrus viroids. Viroids in the family Pospoviroidae and the genus Apscaviroid (Citrus bent leaf viroid, Citrus viroid I), Citrus viroid III, and the genus Cocaviroid (Citrus viroid IV), in addition to citrus exocortis viroid and citrus cachexia viroid (xyloporosis, Citrus Viroid II).
(20) Citrus Leprosis Virus (CiLV). A non-systemic virus disease incited by a virus in the Nucleorhabdovirus genus in the Rhabdoviridae family, is vectored by mites in the Brevipalpus genus. It is a problem in Citrus cachexia viroid (xyloporosis, Citrus viroid II). A graft- and mechanically-transmissible viroid incited by the organism Hop Stunt viroid in the Pospoviroidae family and Hostuviroid genus. Disease symptoms include phloem deterioration and blockage in many mandarin, mandarin hybrids, Citrus macrophylla Wester, Rangpur lime, and sweet lime. This disease causes decline, stunting, and crop reduction.
(21) Citrus Nursery Stock Certification Program. A mandatory program administered by the Division of Plant Industry whereby nurserymen, growers and other people propagating citrus, including all dooryard, own-use and commercial plantings, are required to propagate citrus in accordance with these rules. Citrus Chlortic Dwarf (CCD). A graft-transmissible disease vectored by the bayberry whitefly, Parabemisia myricae, classified in the order Homoptera and family Aleyrodidae. It is a disease of the
(22) Citrus Psorosis Virus (CPsV). A graft-transmissible virus thought to also be transmitted by a soil fungus in the Olpidium genus. Mild psorosis A, and Severe, psorosis B, are caused by viruses in the Ophiovirus genus, which is not yet assigned to a virus family. Symptoms include bark-scaling, internal wood staining, ringspots or irregular chlorotic patterns in the foliage, and/or eventual tree decline. May be seed transmitted. Citrus Leaf Blotch Virus (CLBV). Also known as Dweet Mottle, it is a wide-spread, graft-transmissible and seed-transmissible disease with no known vector. It is incited by a virus that is expected to be placed in a new genus in the Flexiviridae. It may cause a bud-union disorder in certain varieties on specific rootstocks.
(23) Citrus Stubborn. A graft-transmissible disease that is incited by Spiroplasma citri and vectored by several species of leaf hopper (Homoptera: Cicadellidae). Symptoms include buds on newly budded trees not sprouting, acorn-shaped fruit on diseased trees, small shoots and leaves, the presence of witches brooms, and flowering out of season. It is present in California and Arizona.Citrus Leprosis Virus (CiLV). A non-systemic virus disease incited by a virus in the Nucleorhabdovirus genus in the Rhabdoviridae family, is vectored by mites in the Brevipalpus genus. It is a problem in
(24) Citrus Sudden Death. A disease of unknown etiology thought to have an insect vector. Symptoms include rapid decline of trees budded on Rangpur lime and to a lesser extent on Volkamer lemon in Citrus Psorosis Virus (CPsV). A graft-transmissible virus thought to also be transmitted by a soil fungus in the Olpidium genus. Mild psorosis A, and Severe, psorosis B, are caused by viruses in the Ophiovirus genus which is not yet assigned to a virus family. Symptoms include bark-scaling, internal wood staining, ringspots or irregular chlorotic patterns in the foliage, and/or eventual tree decline. May be seed transmitted.
(25) Citrus Tatter Leaf Virus. A graft- and mechanically-transmitted disease incited by a virus also called citrange stunt or apple stem grooving virus in the Capillovirus genus which is assigned to the virus family Flexiviridae. Symptoms include a severe bud-union crease, which affects trees on trifoliate orange or trifoliate orange hybrid rootstocks causing death of the tree. Citrus Stubborn. A graft-transmissible disease that is incited by Spiroplasma citri and vectored by several species of leaf hopper (Homoptera: Cicadellidae). Symptoms include buds on newly budded trees not sprouting, acorn-shaped fruit on diseased trees, small shoots and leaves, the presence of witches brooms, and flowering out of season. It is present in
(26) Citrus tristeza virus. A graft-transmissible closterovirus in the Closteroviridae which is transmitted by aphids (primarily brown citrus aphid, Toxoptera citricida). Severe strains, as opposed to mild strains, of the virus cause severe stem pitting, seedling yellows, or quick decline on sour orange rootstock which result in reduced crops or loss of trees. Citrus Sudden Death. A disease of unknown etiology thought to have an insect vector. Symptoms include rapid decline of trees budded on Rangpur lime and to a lesser extent on Volkamer lemon in
(27) Citrus Variegated Cholorosis (CVC). A graft-transmissible disease incited by a strain of Xylella fastidiosa, a fastidious xylem inhabiting bacterium which is vectored by many species of sharp shooters (Homoptera: Cicadellidae). It is also seed transmitted. It is found in Citrus Tatter Leaf Virus. A graft- and mechanically-transmitted disease incited by a virus also called citrange stunt or apple stem grooving virus in the Capillovirus genus which is not assigned to the a virus family Flexiviridae. Symptoms include a severe bud-union crease, which affects trees on trifoliate orange or trifoliate orange hybrid rootstocks causing death of the tree.
(28) Citrus Vein-Enation Virus (CVEV). A graft-transmissible disease also called woody gall is also transmitted in a persistent manner by aphid vectors including Toxoptera citricida, Myzus persicae and Aphis gossypii (Homoptera: Aphididae). It is thought to be incited by a virus of unknown etiology possibly closely related to the Luteoviridae. It is widespread throughout the cooler citrus growing regions of the world and is present in Citrus Variegated Cholorosis (CVC). A graft-transmissible disease incited by a strain of Xylella fastidiosa, a fastidious xylem inhabiting bacterium which is vectored by many species of sharp shooters (Homoptera: Cicadellidae). It is also seed transmitted. It is found in
(29) Citrus viroids. Viroids in the family Pospoiviroidae and the genus Apscaviroid (Citrus bent leaf viroid, Citrus viroid I, Citrus viroid V), Citrus viroid III, and the genus Cocaviroid (Citrus viroid IV), in addition to citrus exocortis viroid and citrus cachexia viroid (xyloporosis, Citrus Viroid II). Citrus Vein-Enation Virus (CVEV). A graft-transmissible disease also called woody gall is also transmitted in a persistent manner by aphid vectors including Toxoptera citricida, Myzus persicae and Aphis gossypii (Homoptera: Aphididae). It is thought to be incited by a virus of unknown etiology possibly closely related to the Luteoviridae. It is widespread throughout the cooler citrus growing regions of the world and is present in
(30) Citrus Yellow Mosaic Virus (CYMV). A graft- and mechanically transmissible disease, it is also vectored by the citrus Mealybug, Planococcus citri (Homoptera: Pseudococcidae). It is incited by a Badnavirus in the Caulimoviridae family. Symptoms include yellow mosaic on leaves, reduced leaf size, stunted trees and fruit with elevated green areas and depressed yellow patches. It is known to be in
(31) Clone. An asexually reproduced cultivar; a group of genetically uniform plants that have been propagated vegetatively from a single original plant.
(32) Commercial citrus grove. A solid set planting of 40 or more citrus trees. Commercial citrus nursery stock. Citrus nursery stock to be used in or for establishing a planting of 40 or more citrus trees.
(33) Commercial citrus nursery stock. Citrus nursery stock to be used in or for establishing a planting of 40 or more citrus trees. Commercial citrus grove. A solid set planting of 40 or more citrus trees.
(34) Concave gum/blind pocket. Graft Grant -transmissible pathogens causing infected trees to have concavities in the trunk and main branches. The disease is found in most citrus-growing areas where it reduces yield and tree vigor. May be seed transmitted.
(35) Cooperating agencies. The
(36) Decline. A tree that is unthrifty and shows receding vigor, and/or has a significant amount of dieback.
(37) Dooryard citrus nursery stock. Citrus plants to be used only in a residential setting or for establishing a planting of less than 40 citrus trees.
(38) ELISA. Enzyme-Linked ImmunoSorbent Assay. A sensitive laboratory test which uses antibodies coupled with indicators to detect the presence of viruses.
(39)
(40) Foundation tree. A citrus tree owned and maintained by the Department in accordance with Rule 5B-62.014, F.A.C., that is used for horticultural evaluation and to provide a source of budwood to nurserymen, primarily for establishing scion and increase trees.
(41) Graft-transmissible pathogens. Disease agents spread by vegetative propagation to include, but not limited to, budding, grafting, air-layering, and cuttings. This general term includes known viruses, viroids, bacteria, spiroplasmas, and other non-identified virus-like pathogens of citrus.
(42) Horticulturally true-to-type. A plant which conforms to the description of a particular cultivar and which is from the same genetic line of descent as that cultivar.
(43) Increase trees. Specially designated nursery propagations made to rapidly multiply supplies of propagative material for citrus nursery tree production and meeting all the requirements of Rule 5B-62.016, F.A.C.
(44) Indian Citrus Ringspot virus. A disease of mandarin in
(45) Melon aphid. Aphis gossypii Glover, classified in the order Homoptera, Family Aphididae, and all of its life stages that is also known as the cotton aphid. It is a vector of citrus tristeza virus.
(46) Parent tree. A mature bearing citrus tree that has met all of the requirements of Rule 5B-62.013 5B-62.007, F.A.C., and has been registered with the Department.
(47) PCR. Polymerase Chain Reaction. A highly sensitive laboratory test that can detect small amounts of DNA or RNA in a plant tissue sample by amplification of a specific DNA or RNA segment.
(48) Progeny nursery tree. A citrus nursery tree produced from budwood from a registered source tree in accordance with instructions outlined in this rule chapter.
(49) Propagative material. Any live plant material used to produce nursery stock, including cuttings, budwood, seeds, seedlings, air layers and tissue culture.
(50) Registration. The process of certifying source trees as being virus-tested and meeting the requirements of these rules, including annual renewal by notification and fee payment.
(51) Rootstock. A plant used as the recipient understock in budding or grafting.
(52) Satsuma Dwarf Virus. A graft- and mechanically-transmissible disease which apparently also has a non-nematode soil vector. It is incited by a Nepovirus Sadwavirus which is not yet assigned to the a viral family Comoviridae. Satsuma trees infected with SDV will also display a range of leaf symptoms including narrow, boat or spoon-shaped leaves, the surface of which is often distorted or crinkled. A severely affected tree has poor fruit-set and its fruit are small and irregularly shaped, and tree vigor is reduced.
(53) Scion tree. A citrus tree grown in accordance with Rule 5B-62.015, F.A.C., from budwood taken from a registered foundation tree and registered with the Department as a source of budwood. Seed source tree. A tree that is registered by a certified nursery and supplies seed for propagation, which has been determined by the Department as being apparently horticulturally true-to-type, and if of the genus Poncirus or its hybrids have been tested for citrus greening once at the owners expense and found free of psorosis and other seed - transmitted diseases listed in Rule 5B-62.003, F.A.C. and originates unless propagated from a foundation or parent tree.
(54) Seed source tree. A tree that is registered by a certified nursery and supplies seed for propagation, determined by the Department as being apparently horticulturally true-to-type, tested for citrus greening and other seed transmitted diseases listed in Rule 5B-62.003, F.A.C. and originates from a foundation or parent tree. Scion tree. A citrus tree grown in accordance with Rule 5B-62.015, F.A.C., from budwood taken from a registered foundation tree and registered with the Department as a source of budwood.
(55) Severe strains of citrus tristeza virus. Severe strains of citrus tristeza virus will be determined by the Department with input from the Citrus Budwood Technical Advisory Committee as to which strains are regulated and which techniques are approved for testing.
(56) Source tree. A citrus tree that has met all of the requirements as a source of budwood or propagative material, i.e., a scion tree, increase tree, foundation tree, or seed source tree.
(57) Tests. Standardized laboratory, biological greenhouse or field plot tests for certain graft-transmissible pathogens before trees are eligible for registration as source trees as contained in C. N. Roistacher, Graft-transmissible Diseases of Citrus: Handbook for detection and diagnosis (Food and Agricultural Organization of the United Nations, Rome, 1991), or approved by the Citrus Budwood Technical Advisory Committee.
(58) Witches Broom Disease of Lime (WBDL). A disease of Citrus aurantiifolia, small-fruited acid lime, in Asia incited by Candidatus Phytoplasma aurantifolia and thought to be vectored by Hishimonous phycitis (Homoptera: Cicadellidae). May be seed transmitted.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended________.
5B-62.002 Purpose.
The purpose of this rule chapter is to minimize the spread of serious graft-transmissible diseases and certain other pathogens as well as nematodes of citrus by requiring all nurserymen propagating citrus to participate in a mandatory citrus nursery stock certification program. The requirements for program participation are established in this chapter. It is intended that there shall be no propagation of citrus nursery stock except as provided in this chapter, and it shall be unlawful to plant citrus nursery stock in Florida unless that citrus nursery stock has been propagated pursuant to this chapter.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.003 Plant
The following arthropods, nematodes, pathogens, pathogens, nematodes and arthropods and plants infected with or exposed to same, the pathogens and nematodes are declared to be plant pests and nuisances:
(1) Arthropods: Australian citrus dieback;
(a) African citrus psyllid, Trioza erytreae;
(b) Asian citrus psyllid, Diaphorina citri;
(c) Brown citrus aphid, Toxoptera citricida;
(d) Melon aphid. Aphis gossypii;
(2) Nematodes: Citrus canker;
(a) Plant parasitic nematodes not known to occur in
1. Hemicycliophora arenaria, a sheath nematode;
2. Meloidogyne spp., species which are pathogenic to citrus; and
3. Any other plant parasitic nematode species or biotype which may be determined by Department order or rule to be injurious to citrus.
(b) Plant parasitic nematodes, which are known to be established in
1. Radopholus similis, burrowing nematode;
2. Tylenchulus semipenetrans, the citrus nematode;
3. Pratylenchus coffeae, a root-lesion nematode;
(3) Pathogens: Citrus chlorotic dwarf;
(a) Australian citrus dieback;
(b) Citrus canker;
(c) Citrus chlorotic dwarf;
(d) Citrus greening (Huanglongbing); (seed transmitted)
(e) Citrus leaf blotch virus; (seed transmitted)
(f) Citrus leprosis virus;
(g) Citrus psorosis virus; (seed transmitted)
(h) Citrus stubborn;
(i) Citrus sudden death;
(j) Citrus tatter leaf virus (Apple stem grooving virus);
(k) Citrus variegated cholorosis; (seed transmitted)
(l) Citrus vein-enation virus;
(m) Citrus viroids;
(n) Citrus yellow mosaic virus;
(o) Concave gum/blind pocket; (seed transmitted)
(p) Indian citrus ringspot virus;
(q) Satsuma dwarf virus;
(r) Severe strains of Citrus tristeza virus;
(s) Witches broom disease of lime; (seed transmitted)
(4) Citrus greening (Huanglongbing);
(5) Citrus leaf blotch virus;
(6) Citrus leprosis virus;
(7) Citrus psorosis virus;
(8) Citrus stubborn;
(9) Citrus sudden death;
(10) Citrus tatter leaf virus (Apple stem grooving virus);
(11) Citrus variegated cholorosis;
(12) Citrus vein-enation virus;
(13) Citrus viroids;
(14) Citrus yellow mosaic virus;
(15) Concave gum/blind pocket;
(16) Indian citrus ringspot virus;
(17) Satsuma dwarf virus;
(18) Severe strains of Citrus tristeza virus;
(19) Witches broom disease of lime;
(20) Plant parasitic nematodes not known to occur in
(a) Hemicycliophora arenaria, a sheath nematode;
(b) Meloidogyne spp., species which are pathogenic to citrus; and
(c) Any other plant parasitic nematode species or biotype which may be determined by Department order or rule to be injurious to citrus.
(21) Plant parasitic nematodes which are known to be established in
(a) Radopholus similis, burrowing nematode;
(b) Tylenchulus semipenetrans, the citrus nematode;
(c) Pratylenchus coffeae, a root-lesion nematode;
(22) African citrus psyllid, Trioza erytreae;
(23) Asian citrus psyllid, Diaphorina citri;
(24) Brown citrus aphid, Toxoptera citricida;
(25) Melon aphid. Aphis gossypii;
(26) Any other plant virus, viroid, parasitic nematode species or biotype or arthropod found injurious to citrus.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (6), (14), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.004 Manuals.
The regulations, definitions, and standards in Citrus Nursery Stock Certification Manual, Revised 3/06/08 9/8/06, Citrus Budwood Testing Manual, Revised 4/01/06, and C. N. Roistacher, Graft-transmissible Diseases of Citrus: Handbook for detection and diagnosis (Food and Agricultural Organization of the United Nations, Rome, 1991) are hereby adopted as regulations and rules under the Division of Plant Industry, pursuant to Chapter 581, F.S. Copies may be obtained by contacting the Secretary of States Office, Tallahassee, FL. Copies are available for examination at the Florida Department of Agriculture and Consumer Services, Bureau of Citrus Budwood Registration, 3027 Lake Alfred Road, Winter Haven, FL 33881, and the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Plant Pathology Section, 1911 S.W. 34th Street, Gainesville, FL 32608-1201.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(23), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.005 Forms.
All forms required for compliance in the Citrus Nursery Stock Certification Program are listed below and hereby adopted and incorporated by reference herein. The following forms may be obtained by writing or visiting the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Citrus Budwood Registration,
Form DACS-08066, Revised 8/06, Application to Produce Citrus Nursery Stock.
Form DACS-08172, Revised 5/06, Source Tree Bud Cutting Report.
Form DACS-08072, Revised 7/03, Certificate of Source Tree Registration.
Form DACS-08111, Revised 7/03, Certification to Witness Registered Budwood.
Form DACS-08298, Revised 8/06, Parent Tree Candidate Entry Form.
Form DACS-08071, Revised 7/03, Growers Record of Registered Scion Tree Movement.
Form DACS-08064, Revised 6/03, Statement of Charges for Annual Source Tree Registration.
Form DACS-08218, Revised 10/04, Budwood Order Form.
Form DACS-08031, Revised 7/03, Compliance Agreement Citrus Tristeza Virus Testing Laboratory Certification.
Form DACS-08274, Revised 7/03, Application and Permit to Plant Citrus Pathogen Infected Stock.
The following forms may be obtained by writing or visiting the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection,
Form DACS-08038, Revised 10/03, Citrus Nursery Stock Inspection Tag.
Form DACS-08016, Revised 1/04, Stop
Form DACS-08004, Revised 7/06, Application for Certificate of Registration.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (23), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.006 Citrus Budwood Technical Advisory Committee.
The Commissioner of Agriculture shall name a Citrus Budwood Technical Advisory Committee of sixteen members selected as follows:
(1) Four members who shall be owners or employees of citrus nurseries with one representing a producer of dooryard citrus nursery stock;
(2) Four members who shall be commercial citrus fruit producers or employees of producers;
(3) Four members who shall represent the Institute of Food and Agricultural Sciences of the University of Florida or the USDA Agricultural Research Service, and who shall be non-voting advisors to the committee;
(4) Four members who shall be employees of the Department, and who shall be non-voting advisors to the committee;
(5) Two alternate members, one who shall be from (1) and one who shall be from (2), and who shall be non-voting members to the committee and have voting rights only on the absence of members from (1) or (2);
(6) The above appointed committee may meet when called by the committee chairman. This committee shall make recommendations to the Department on matters pertaining to this rule chapter such as germplasm introduction, nursery stock certification, testing procedures, and other Citrus Budwood Protection Program procedures. In appointing the committee, the Commissioner will select members from various geographical areas who represent a broad cross-section of the industry and impacted businesses.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (23), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.007 Citrus Nursery Stock Certification Program.
(1) It shall be unlawful for any person to propagate or plant citrus nursery stock, which is not produced in accordance with the provisions of the Citrus Nursery Stock Certification Program. Participation in the Citrus Nursery Stock Certification Program shall not imply any warranty on the part of the nurserymen, the Department, or any employee thereof.
(2) Prior to propagating nursery stock (including dooryard, own-use and commercial citrus), nurserymen and growers shall:
(a) Register with the Division of Plant Industry filling out Form DACS-08004, Application for Certificate of Registration according to Rule 5B-2.002, F.A.C.
(b) Make application to produce citrus nursery stock on Form DACS-08066, Application to produce citrus nursery stock.
Applicants must agree to comply with all the conditions which apply to the Citrus Nursery Stock Certification Program as specified in this rule chapter.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.008 Requirements for Citrus Nursery Site Approval.
(1) Citrus nursery sites must be a minimum of one mile away from commercial citrus groves and 100 feet away from plants not certified by the Department as being free of nematodes listed in Rule 5B-62.003, F.A.C., and free of any exterior, field or container grown plants from all genera, species, and varieties of the Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae, unless specifically excluded by the rules of the Department. Citrus nurseries located on sites prior to April 1, 2006, will not be required to comply with the one mile setback from commercial citrus groves while continuously operating at the April 1, 2006, location. Seed source trees planted prior to January 1, 2007, may remain on the current site provided they are not infested with citrus greening be kept within 100 feet of a citrus nursery site or on the nursery site until January 1, 2012 provided they are not infested with citrus canker or citrus greening and are treated to control Asian citrus psyllid.
(2) Sites found to be infested with nematodes listed in Rule 5B-62.003, F.A.C., will not be approved for field grown or in-ground production of citrus nursery stock. Citrus nursery stock may be produced on the site if grown on benches at least 18 inches above ground.
(3) The nursery site should be well drained with no runoff from surrounding areas.
(4) The site should have adequate parking outside the facility.
(5) The site should incorporate an area for deliveries and shipments.
(6) The site should have an adequate water supply without using surface water for irrigation.
(7) The site should incorporate natural or artificial windbreaks that would reduce wind blown rain.
(8) The nursery site must be fenced and all entrances must be secured.
(9) Site access shall have permitted entry only through an area that incorporates decontamination areas for personnel and equipment.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (23), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.009 Requirements for Citrus Nursery Sanitation
(1) All equipment entering or leaving the nursery must be clean of all plant material, soil and decontaminated in accordance with Department procedures using approved decontamination products.
(a) Budding knives, clippers and other cutting implements shall be sterilized between different groups of propagations using a solution of household bleach 20% by volume.
Sterilization solution shall be made up fresh each day.
(b) All equipment, if possible, should be kept on site.
(2) Nursery employees who work with citrus produced outside of the approved structure shall not return to work within the approved structure until the following day.
(3)(a) Prior to entering the nursery everyone must decontaminate with an approved personal decontamination product and wear a clean garment that should be provided by the nursery. If gloves are worn, they must be disposable gloves or decontaminated each day and kept on site.
(b) All persons entering an approved structure or soil storage area shall walk through a sanitizing foot bath containing a decontaminant that is approved by the Department such as copper sulfate.
(4) All plants, plant parts (except seed), soil, peat, sawdust, mulch, manure or other plant-growing or potting media entering the approved site for the production of commercial citrus nursery stock must be accompanied by a nematode (BN) certificate.
(5)(a) All pots, cans, or other containers used to produce commercial citrus nursery stock free of nematodes of citrus must be stored in such a manner to prevent contact with the ground or contamination by flooding, rain-soil-splatter or ground water runoff.
(b) Growing containers shall be cleaned and decontaminated between crops of commercial citrus nursery stock.
(6) All benches approved for nematode certification for commercial citrus nursery stock must be at least 18 inches above the ground. Measurement shall be from the bottom of the bench to the ground surface. Benches shall be cleaned and decontaminated between crops.
(7) All nematode-certified growing or potting media used for commercial citrus nursery stock must be stored at least 18 inches above the ground or on concrete or asphalt that is above ground level and not subject to flooding or ground water runoff.
(8) Non-certified nursery stock cannot be grown in or introduced into the same greenhouse or structure with citrus nursery stock.
(9) Any plant certified free of nematodes that is dropped or set on the ground no longer meets nematode (BN) certification and shall not be returned to the bench.
(10) Nursery records shall be made available to division inspectors for:
(a) All chemical applications;
(b) Nursery budding and tree movement records.
(11) It shall be the responsibility of the nurseryman to:
(a) Prevent encroachment of Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae, plants and the use of non-certified material, which would endanger the nursery site of becoming infested with injurious nematodes of citrus.
(b) Follow established sanitation procedures to prevent nematode, Diaprepes, psyllid, aphid or other common plant pest infestation of the nursery site.
(12) Nursery areas and perimeter shall remain weed free.
(13) Approved citrus nursery sites not planted within 12 months shall be reevaluated prior to use.
(14) Any citrus nursery stock or budwood source tree found infected or exposed to plant pest infestation shall be subject to immediate quarantine action and will not be eligible for certification until treated as prescribed by the Department and released from quarantine.
Specific Authority 570.07(23), 581.031(1), 581.1843(3), (4) FS. Law Implemented 581.031(6), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.010 Requirements for Citrus Nursery Structure.
(1) All citrus nursery stock propagated after January 1, 2007, must originate from a greenhouse structure and site approved by the Department. All citrus nursery stock moved or sold after December 31, 2007, must originate from a greenhouse structure and site approved by the Department.
(2) Effective January 1, 2007, newly propagated commercial and dooryard citrus nursery stock and all budwood source trees must be maintained in an approved structure at an approved site as follows:
(a) An approved structure must have enclosed sides and tops built to exclude insects with positive pressure double-door entries. Sides and roofs shall at a minimum exclude melon aphids.
(b) If cooling pads and fans are used, they must be enclosed with insect screen that will allow for adequate air displacement.
(c) If the integrity of the structure is compromised or breached, the citrus nursery stock shall be subject to immediate quarantine action and will not be eligible for certification until treated as prescribed by the Department and released from quarantine.
(d) Dooryard citrus nursery stock maintained in containers larger than seven inches in diameter may be kept in an enclosed screenhouse designed to deter citrus psyllids.
(e) Citrus nursery stock may be moved from one approved structure into another approved structure on the same approved site provided the plants are in the process of being actively relocated and are covered.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.011 Requirements for Citrus Propagation.
Commercial and dooryard citrus nursery stock shall be propagated according to the following provisions unless exempted in Rule 5B-62.016, F.A.C.
(1) Propagative material including budwood, air-layers, cuttings and all topworking material shall be from source trees produced or grown in accordance with Rule 5B-62.012, F.A.C., and for which a Certificate of Source Tree Registration (DACS-08072) has been issued as specified in Rule 5B-62.017, F.A.C.
(2) Budwood shall be taken under the direct supervision of a witness authorized by the Department. Budwood from each source tree shall be wrapped separately. Each bundle shall be labeled showing variety, the tree identification number, and the number of buds counted or estimated.
(3) All propagative material data including topworking shall be recorded on a Source Tree Bud Cutting Report (DACS-08172) and submitted to the Bureau of Citrus Budwood Registration at the time of collection. Persons authorized to fill out a Source Tree Bud Cutting Report (DACS-08172), shall sign a Certification To Witness Registered Budwood form, DACS-08111.
(4) Propagations from each source tree shall be maintained in nursery rows or on greenhouse benches so that each group can be traced back to an individual source tree. Nurserymen shall use permanent tags to label each separate group of propagations with the source tree registration number.
(5) All citrus nursery stock and propagative plant parts shall remain within the approved structure at all times or be moved under protective cover.
(6) Top-working must be done using registered or certified budwood grown within an approved structure. Top-work trees cannot be moved after budding. Topworking must comply with (1)-(3), all other propagation must comply with (1)-(5) above.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.012 Source Trees.
Source trees shall be registered on a Certificate of Source Tree Registration (DACS-08072) as specified in Rule 5B-62.017, F.A.C., and must meet the following requirements:
(1) Budwood used to propagate source trees shall be taken under the direct supervision of the Department and shall be reported on Form DACS-08172, Source Tree Bud Cutting Report.
(2) The source trees shall be budded on nursery rootstocks which have not previously had a bud inserted in them. If re-budding is necessary, buds from the same registered source tree as the original shall be used.
(3) The nurseryman shall furnish the Bureau of Citrus Budwood Registration the Budding Record Location portion on Form DACS-08172, Source Tree Bud Cutting Report within 30 days following date of budding. The Budding Record Location on the Source Tree Bud Cutting Report shall identify the location in the nursery of the progeny trees.
(4) The source trees shall have at no time shown symptoms of graft-transmissible pathogens or other diseases listed in Rule 5B-62.003, F.A.C.;
(5)(a) The source trees shall have tested negatively for citrus tristeza virus, citrus greening, citrus viroids, citrus leaf blotch virus, psorosis virus, and citrus tatter leaf virus, by the Department at its expense and discretion, and shall be apparently free, based on an annual visual inspection, from Florida gummosis, citrus blight, decline, leprosis, evidence of unacceptable bud mutation, citrus canker, citrus greening and other quarantinable pests.
(b) Source trees meeting the specifications of increase trees will not be individually tested and shall meet the additional requirements of Rule 5B-62.016, F.A.C.
(6)(a) Source trees shall be grown under protective cover as specified in Rule 5B-62.010, F.A.C.
(b) Seed source trees must be grown and propagated on a site approved in accordance with subsection 5B-62.008(1), F.A.C. Annually, all seed source trees must be inspected by the department, tested and found free of citrus greening are exempt from being grown under protective cover; however, to be propagated they must be grown under cover. Seed source trees must be free of other seed-transmissible diseases listed in Rule 5B-62.003, F.A.C.
(7) Source trees meeting all the above requirements will be certified sources of budwood and shall have a Certificate of Source Tree Registration (DACS-08072) as specified in Rule 5B-62.017, F.A.C., issued. For increase trees, the form, Source Tree Bud Cutting Report, DACS-08172, shall be used.
(8) Source trees meeting all the above requirements and originated from program registered parent clones shall be registered sources of budwood upon being inspected for fruit trueness-to-type.
(a) Increase trees are not required to produce fruit to become registered.
(b) Scion trees that have not fruited may be used as certified sources of budwood to propagate certified nursery trees.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.013 Parent Trees.
Parent trees are selected, mature trees belonging to a nurseryman, grower, or researcher, or on property that the owner has given written permission to a nurseryman and the Department for access for observation and testing. At the time of entry into the Citrus Nursery Stock Certification Program, the owner shall sign a Parent Tree Candidate Entry Form DACS-08298.
(1) Prospective parent trees. As a prerequisite to entry into the program, an authorized representative of the Department must have visually inspected the prospective parent tree selected by the nurseryman, grower, or researcher.
(2) The parent tree shall be free of recognizable symptoms of graft-transmissible pathogens based on the initial visual inspection; apparently free from
(3) The parent tree shall be vigorous, productive, and horticulturally true-to-type and shall have borne fruit.
(4) The parent tree shall have tested negatively for all diseases listed in Rule 5B-62.003, F.A.C.
(5) All trees propagated for testing in the Departments facilities shall become property of the Department.
(6) Prospective parent trees of exceptional horticultural value that are found to be infected with one or more graft-transmissible pathogens can be subjected to shoot-tip grafting or other acceptable techniques to eliminate graft-transmissible pathogens provided this is done under the supervision of the Department. Plants that are shoot-tip grafted shall be retested for the graft-transmissible pathogen detected, subject to all other registration requirements, and if shoot-tip grafted by the Department, made available for distribution to all interested nurserymen and growers if approved by the owner.
(7) Parent trees will not be used for a source of propagating material, rather the tested registered propagation from the parent tree will be the source material of the parent tree clone to be used to establish foundation or scion trees.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.014 Foundation Trees.
Foundation trees belong to the Florida Department of Agriculture and Consumer Services and are kept in secure greenhouse facilities for budwood cutting and distribution to citrus nurseries. It shall be unlawful for any person to plant any genera, species, and varieties of the Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae, within one mile of a foundation tree and unlawful to plant a commercial citrus grove within 10 miles of a foundation tree.
(1) Foundation trees originate from tested parent trees.
(2) Foundation trees shall be the source for all scion trees.
(3) Foundation trees shall meet all the requirements in Rule 5B-62.012, F.A.C., for source trees.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.015 Scion Trees.
Scion trees shall be propagated from foundation trees, be registered on a Certificate of Source Tree Registration (DACS-08072) as specified in Rule 5B-62.012, F.A.C., and must meet the following requirements:
(1) Scion tree planting is witnessed by the Department on Growers Record of Registered Scion Tree Movement Form DACS-08071.
(2) Registered scion trees shall be vigorous, productive, and horticulturally true-to-type and shall have borne fruit.
(3) Scion trees on which annual registration fees are not paid shall be removed from the protected greenhouse within 30 days of the second notification of the Statement of Charges for Annual Source Tree Registration (DACS-08064).
(4) Scion trees found infected with a pathogen shall be removed from the protected greenhouse within 10 days of notification of test results.
(5) Scion trees shall meet all the requirements in Rule 5B-62.012, F.A.C., for source trees.
(6) Effective January 1, 2007, all scion trees must be located in an approved structure as described in Rule 5B-62.010, F.A.C.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.016 Increase Trees.
Increase trees shall be identified on a Source Tree Bud Cutting Report (DACS-08172) registered on a Certificate of Source Tree Registration (DACS-08072) as specified in Rule 5B-62.012, F.A.C., provided they have been propagated as follows:
(1) Budwood must have been obtained under the direct supervision of the Department from foundation, or scion trees.
(2) There must be a minimum vacant space of 24 inches between each clone of increase trees planted in the ground and 12 inches between each clone of plants grown on greenhouse benches (or a well-defined physical barrier between clones) with each clone individually identified.
(3) Trees propagated as increase trees under this rule chapter serve as registered sources of budwood with no testing required for a period of up to 36 months from budding.
(4) Nursery stock propagated from increase trees shall not serve as further sources of registered budwood.
(5) Increase trees from foundation trees used for increase budwood shall qualify for scion grove planting in accordance with Rule 5B-62.015, F.A.C.
(6) Increase trees shall meet all the requirements in Rule 5B-62.012, F.A.C., for source trees.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.017 Source Tree Registration Certificate.
(1) Source tree registration certificate. The Department shall keep a record of all source trees. This record shall indicate the variety, clone strain, and age of the source trees; the owner; location of greenhouse, and location of individual trees in the greenhouse, row, and tree number and/or by identification number. This information shall be included in a Certificate of Source Tree Registration (DACS-08072) to be issued by the Department. Only those trees having a Reg (Registered) or Cert (Certified) in the Reg (Registered) column shall qualify for budwood cutting. This certificate shall be sent to the owner or agent of the source trees, and copies shall be filed in the office of the Bureau of Citrus Budwood Registration at
(2) Duration of registration certificate. The Certificate of Source Tree Registration (DACS-08072) shall be valid for a period of 12 months unless revoked due to failure to meet the requirements herein or voluntary withdrawal by the participant. The Source Tree Bud Cutting Report (DACS-08172) Certificate of Source Tree Registration (DACS-08072) for increase blocks shall be valid for a period of 36 months.
(3) Renewal. Source tree registration may be renewed, subject to continued eligibility, at the end of each 12 months with the payment of a renewal fee as described in Rule 5B-62.015, F.A.C.
(4) Billing. Annual source tree registration fees shall be billed annually on the Statement of Charges for Annual Source Tree Registration (DACS-08064).
(5) Cancellation. Source Tree Registration Certificates (DACS-08072) will be suspended upon:
(a) The detection of citrus pest or pathogens in the source tree or a progeny of the source tree;
(b) Alteration or misuse of the registration number;
(c) Mishandling of budwood taken from source trees, or the records thereof, which may confuse the facts regarding identity of source trees or nursery stock propagated from source trees;
(d) Evidence of an unacceptable degree of bud mutation on the source or progeny trees;
(e) Evidence that source trees are being allowed to decline or become unthrifty due to neglect, disease, pest infestation, or severe weather conditions;
(f) Failure to follow proper budwood harvesting sanitation procedures;
(g) Failure to pay fees.
(6) Registration fees will not be refunded if the Certificate of Source Tree Registration (DACS-08072) is canceled.
(7) Reinstatement. The Certificate of Source Tree Registration (DACS-08072) suspended as provided above will be reinstated when:
(a) Delinquent fees are paid;
(b) Careful examination or laboratory tests fail to disclose any evidence of the citrus pest or pathogens that cause the suspension;
(c) The source trees found to be pathogen-infected are removed from the planting;
(d) Unthrifty plantings or substandard trees are restored to a healthy condition.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.018 Procedure for Identifying and Recording Commercial Citrus Nursery Stock.
Identification and record of movement for commercial citrus nursery stock. For the benefit of the buyer, the nurseryman or grower shall identify registered nursery stock as being the progeny of registered source trees by completing the Citrus Nursery Stock Inspection Tag (DACS-08038) at the time of delivery.
(1) If the nursery stock was propagated from a certified tree, the Citrus Nursery Stock Inspection Tag (DACS-08038) must contain this information and the statement that the certified source had not yet been inspected for fruiting.
(2)(a) All movements of nursery stock shall be recorded on and accompanied by a Citrus Nursery Stock Inspection Tag (DACS-08038). The Citrus Nursery Stock Inspection Tag (DACS-08038) is substantiation of the movement of citrus trees. The nurseryman or grower shall keep these records (DACS-08038) for a period of three years, which shall be available for examination by the Department.
(b) Nurserymen may print the Inspection Tag (DACS-08038) on their invoices upon approval by the Division of Plant Industry.
(3) All movements of nursery stock shall also comply with all Department requirements pertaining to the inspection and certification as to freedom from plant pests.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.019 Inter- or Intra-Nursery Movement of Plant Material.
(1) Commercial Citrus trees cannot leave a nursery without a Citrus Nursery Stock Inspection Tag, Form (DACS-08038).
(2) Liners cannot leave or enter a nursery without a Citrus Nursery Stock Inspection Tag, Form (DACS-08038).
(3) Budwood cannot leave or enter a nursery without a Source Tree Bud Cutting Report, Form (DACS-08172).
(4) Scion trees cannot leave or enter a nursery without a Growers Record of Registered Scion Tree Movement, Form (DACS-08071).
(5) All seed movement must be accompanied with an invoice or a Citrus Nursery Stock Inspection Tag, Form (DACS-08038) that indicates the origin of the seed by seed block.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.020 Retail Sales.
Retail sales of dooryard citrus nursery stock shall abide by the following:
(1) All dooryard nursery stock shall originate from greenhouse nursery sites that have produced trees according to Rules 5B-62.007-.011, F.A.C.
(2) All citrus nursery stock maintained for retail sale including larger landscape citrus trees must be segregated from other nursery stock and maintained in a secure screen enclosure.
(a) Prior to entering the enclosure and upon exiting the enclosure, employees and customers must decontaminate hands, shoes and other articles coming into contact with citrus with an approved decontamination product.
(b) Retail outlets having less than 500 citrus trees in stock or retail sales areas within a larger nursery where less than 500 citrus trees are displayed for sale at any given time are exempt from subsection (2) provided long term maintenance of dooryard trees after leaving the approved structure is regulated by an approved nursery protocol describing steps the nursery will implement to protect, chemically treat and inspect these trees.
(3) All retail citrus trees must be tagged with information to identify the variety of the root stock and scion stock and producing nursery. Each individual tree shall be identified with a slip-on label displaying the following information:
(a) The producing nurserys certificate of nursery registration number that was issued by the Department. It is not necessary to include the name of the producing nursery on the label.
(b) The variety name, rootstock and month and year acquired.
(4) Unsold citrus trees at a retail outlet may not be returned to the producing nursery or placed back within the approved structure but must be destroyed by double bagging and burial in an approved landfill. Citrus trees may be returned to the nursery in cases where delivery to the retail outlet was not possible provided they are segregated from other citrus nursery stock.
(5) Any retail citrus tree found to be infested with or exposed to the Asian citrus psyllid shall be subject to quarantine action.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.021 Requirements for Soil Pit Approval.
(1) Upon the request of the owner of a soil pit, the Department may use sampling or other approved methods for establishing the absence or presence of nematodes of citrus. All host plants within a minimum distance of 100 feet of a proposed soil pit must be sampled and found free of any injurious nematodes of citrus as described in Rule 5B-62.003, F.A.C. Distances may be increased when, in the opinion of an authorized representative, there may be a threat to the approved soil pit because of slope, drainage, standing water, and other factors that may be present. Minimum distances shall be measured from the dripline of host plants and from the edge of rights-of-way of any public or private thoroughfare.
(2) The soil pit shall be at least the minimum distances specified as follows:
(a) One hundred feet maintained free of hosts from known infestations of any injurious nematodes of citrus as described in Rule 5B-62.003, F.A.C.
(b) Fifty feet maintained free of hosts from land planted or previously planted to host plants and from all rights-of-way or public thoroughfares with a negative sampling.
(3) It shall be the responsibility of the owner of an approved soil pit to maintain adequate security around the approved soil pit to prevent the entry of non-certified regulated articles.
Specific Authority 570.07(23), 581.031(1), 581.1843(3), (4) FS. Law Implemented 581.031(6), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.022 Requirements for Utility and Road Construction.
Road construction companies and governmental agencies building public thoroughfares or road rights-of-way through or within a distance of 50 feet of a commercial citrus grove, commercial citrus grove site, approved citrus nursery site, or approved soil pit shall only use fill dirt that has been sampled by the Department and found free of nematodes injurious to citrus.
Specific Authority 570.07(23), 581.031(1), (5), 581.1843(3), (4) Law Implemented 581.031(5), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.023 Stop-Sale Notice or Hold Order (DACS-08016).
A Stop-Sale or Hold Order (DACS-08016) shall be issued for the following reasons:
(1) Compromise or breach of structure.
(2) Failure to submit bud-cutting reports to the Bureau of Citrus Budwood Registration.
(3) Misrepresenting citrus nursery stock as being progeny of registered source trees.
(4) Misrepresenting the type of source tree from which citrus nursery stock was produced as certified trees.
(5) Mishandling of budwood or scions, citrus nursery stock, or misuse of records thereof which do not verify or substantiate the correct parentage of citrus nursery stock or source trees.
(6) Knowingly propagating budwood not meeting the requirements of this rule.
(7) Any citrus nursery stock found infected with plant pests listed in Rule 5B-62.003, F.A.C., or exposed to plant pests listed in Rule 5B-62.003, F.A.C., to such a degree that infestation is likely even if no visible symptoms are present. The presence of citrus canker or citrus greening in close proximity to a citrus nursery will not result in an automatic quarantine of the nursery provided the citrus nursery stock is in compliance with the other requirements of this rule chapter.
(8) Any budwood source tree found infected with plant pests listed in Rule 5B-62.003, F.A.C., or exposed to plant pests listed in Rule 5B-62.003, F.A.C., to such a degree that infestation is likely even if no visible symptoms are present. Budwood source trees found infested with Asian citrus psyllids will be immediately quarantined and suspended from budwood cutting.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.024 Release from Quarantine or Withdrawal of Stop-Sale Notice or Hold Order (DACS-08016).
(1) Trees shall be released from a Stop-Sale or Hold Order (DACS-08016) once conditions causing the Stop-Sale or Hold Order (DACS-08016) have been corrected and/or the pathogen threat has been found not to present a risk after evaluation by Department scientists.
(2) Risk evaluation shall be based on:
(a) Length of time deficiencies existed prior to correction.
(b) Number of past actions taken by the division.
(c) Type of pathogen or vector of concern.
(d) Identification of pathogen or vector.
(e) Test results.
(f) Presence or absence of pathogens, vectors and hosts in the geographic area of nursery site at such distances or levels that spread of these pathogens or vectors into the nursery is either likely or not.
(g) Degree of infestation or population numbers of vectors.
(h) Chemical application records supporting appropriate use of pesticides.
(i) Destruction or treatment of infested material.
(j) Interviews with employees or customers familiar with operational procedures.
(k) The implementation of a catastrophic weather plan.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated_________.
5B-62.025 Fees.
An annual source tree registration fee shall be paid as follows:
Source Tree (includes scion and seed source) $5 per tree per year.
Miscellaneous fees for division services: Diagnostic Testing
|
Biological greenhouse testing |
$50 per test |
|
Laboratory PCR testing |
$25 per test |
|
Laboratory ELISA testing |
$10 per test |
|
Parent tree indexing |
$200 per tree |
|
Shoot-tip grafting |
$500 per selection |
|
Budwood1 |
25 cents/eye, $5.00 minimum |
|
Cut from foundation trees Tip cuttings (6 inches) |
$1.00 each |
|
Tip cuttings (6 inches) |
$2.00 each (Out-of-State) |
|
New Division of Plant Industry releases |
$1.00/eye (first year) |
|
Budwood shipment |
$2.00/eye, plus a $100 processing fee (Out-of-State/Foreign) |
|
Citrus seed |
$100 per quart |
|
Shipping and handling fee for budwood and seed in |
|
|
Actual cost |
|
Citrus Nursery Site Approval Fee shall include a $50 per nematode sample plus mileage²
1Requests for budwood are submitted on a Budwood Order Form DACS-08218.
²Mileage shall be based on the prevailing state mileage rate.
(1) Fees shall be paid prior to obtaining a Certificate of Source Tree Registration (DACS-08072) and annually thereafter on the anniversary date of the certificate.
(2) Fees not paid within 30 days of billing shall be considered past-due. A penalty of $10.00 or 20 percent of the unpaid balance, whichever is greater, shall be assessed on all past-due fees.
(3) Cooperating research agencies whose registered citrus trees are used exclusively for planting on government property are exempt from payment of an annual registration fee for the first 100 trees.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.026 Citrus Produced for Research Purposes.
Citrus trees produced for research purposes shall abide with the following items and shall not be exempt from other program requirements contained in this rule chapter.
(1) Citrus breeding programs at the USDA or University of Florida Institute of Food and Agricultural Sciences centers will be required to have protocols approved by the Division of Plant Industry for managing material from the field entering and leaving quarantine greenhouses, specifically dealing with testing for citrus tristeza virus, citrus greening and citrus canker.
(2) Source trees utilized by research agencies may remain on site provided they are maintained under protective cover as specified in Rule 5B-62.010, F.A.C.
(3) Breeding selections intended for general citrus industry release must meet all the requirements of Rule 5B-62.013, F.A.C., Parent Trees.
(4) Research facilities shall sign a Compliance Agreement Citrus Tristeza Virus Testing Laboratory Certification, DACS-08031.
(5) Requests to plant pathogen infected material for research projects shall be made on an Application and Permit To Plant Citrus Pathogen Infected Stock, DACS-08274.
(6) Citrus breeding programs may propagate and replant evaluation material back on the site from which the material originated without testing the material for diseases contained in Rule 5B-62.003, F.A.C., provided it is replanted within 18 months of being moved from the original site. If top-worked, the buds must be top-worked directly back to the original site where the budwood source tree is located and not moved from the tree space where top-worked. Evaluation material cannot be planted in areas other than the original site without being tested for diseases contained in Rule 5B-62.003, F.A.C. Such evaluation material shall be propagated within a citrus nursery structure in accordance with Rule 5B-2.010, F.A.C., isolated from any citrus plant material intended for off site planting.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Amended_________.
5B-62.027 Exemptions.
(1) Retail outlets or retail sales areas having less than 500 citrus trees in stock at any given time, are exempt from subsection 5B-62.020(2), F.A.C.
(2) The Department will propagate and maintain pathogen-infected material for the purpose of testing or shoot-tip grafting. Such material will be kept in enclosed structures on department owned sites.
(3) Sites for dooryard citrus will be exempt from the nematode certification requirements.
Specific Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. HistoryNew 12-26-06, Repromulgated________.
