The purpose of these amendments is to clarify the requirements for the propagation and delivery of citrus and closely related plants that are produced for distribution. The effect is to have up-to-date requirements that allow for the propagation of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-62.001Definitions

5B-62.002Purpose

5B-62.003Plant Pest Declaration

5B-62.004Manuals

5B-62.005Forms

5B-62.006Citrus Budwood Technical Advisory Committee

5B-62.007Citrus Nursery Stock Certification Program

5B-62.008Requirements for Citrus Nursery Site Approval

5B-62.009Requirements for Citrus Nursery Sanitation

5B-62.010Requirements for Citrus Nursery Structure

5B-62.011 Requirements for Citrus Propagation

5B-62.012Source Trees

5B-62.013Parent Trees

5B-62.014Foundation Trees

5B-62.015Scion Trees

5B-62.016Increase Trees

5B-62.017Source Tree Registration Certificate

5B-62.018Procedure for Identifying and Recording Commercial Citrus Nursery Stock

5B-62.019Inter- or Intra-Nursery Movement of Plant Material

5B-62.020Retail Sales

5B-62.021Requirements for Soil Pit Approval

5B-62.022Requirements for Utility and Road Construction

5B-62.023Stop-Sale Notice or Hold Order (DACS-08016)

5B-62.024Release from Quarantine or Withdrawal of Stop-Sale Notice or Hold Order (DACS-08016)

5B-62.025Fees

5B-62.026Citrus Produced for Research Purposes

5B-62.027Exemptions

5B-62.028Citrus Seed

5B-62.029Micropropagation of Citrus Rootstocks and Plants

PURPOSE AND EFFECT: The purpose of these amendments is to clarify the requirements for the propagation and delivery of citrus and closely related plants that are produced for distribution. The effect is to have up-to-date requirements that allow for the propagation of citrus and closely related genera that are free from pests and diseases and are of superior horticultural quality.

SUMMARY: The requirements for Citrus Stock Certification 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.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon past experiences with citrus nursery stock certification activities and similar rules. Additionally, no interested party submitted additional information regarding the economic impact.

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), (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 WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Gaskalla, Division Director, Florida Department of Agriculture and Consumer Services, Division of Plant Industry, P. O. Box 147100, Gainesville, Florida 32614-7100, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(Substantial rewording of Rule 5B-62.001 follows. See Florida Administrative Code for present text).

 

5B-62.001 Definitions and Purpose.

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

(a) African Citrus Psyllid. The insect known as African citrus psyllid, Trioza erytreae, classified in the order Hemiptera: family Psyllidae, and all of its life stages. It is a vector of citrus greening.

(b) Approved Citrus Nursery Site. A defined area which meets the certification requirements as prescribed by the Department.

(c) 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.

(d) Asian Citrus Psyllid. The insect known as Asian citrus psyllid, Diaphorina citri, classified in the order Hemiptera: family Psyllidae and all of its life stages. It is a vector of citrus greening.

(e) Australian Citrus Dieback. A disease from Australia similar to citrus greening, but for which neither the causal organism nor the vector has been characterized and identified.

(f) Brown Citrus Aphid. Toxoptera citricida, classified in the order Hemiptera: family Aphididae, and all of its life stages.

(g) Budwood. A portion of a stem or branch with a vegetative bud(s) used in propagation for budding or grafting.

(h) 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.

(i) 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.

(j) Citrus. All members and any hybrids of the family Rutaceae, including any plants, plant parts, fruits, seeds and any other parts thereof.

(k) Citrus Blight. A root graft-transmissible disease of unknown etiology associated with xylem dysfunction which results in wilting and slow decline of trees.

(l) Citrus Canker. A bacterial disease of citrus incited by the organism Xanthomonas campestris subsp. citri.

(m) Citrus Cachexia Viroid. 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, Rangpur lime, and sweet lime. This disease causes decline, stunting, and crop reduction.

(n) Citrus Chlorotic Dwarf. A graft-transmissible disease vectored by the bayberry whitefly, Parabemisia myricae, classified in the order Hemiptera and family Aleyrodidae. It is a disease of the Eastern Mediterranean causing chlorotic patterns and distortion in young leaves, stunting of young trees and reduced yields in lemon, mandarin, grapefruit and to a lesser degree, sweet orange.

(o) Citrus Exocortis Viroid. The organism that incites a graft- and mechanically-transmissible pathogen 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.

(p) Citrus Greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter spp., (also known as huanglongbing or yellow dragon disease) that is vectored by Diaphorina citri and Trioza erytreae. Disease symptoms include mottled foliage, asymmetrical bitter fruit, and infected trees which become non-productive and die.

(q) Citrus Leaf Blotch Virus. 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 in the genus Citrivirus in the Betaflexiviridae. It may cause a bud-union disorder in certain varieties on specific rootstocks.

(r) Citrus Leprosis Virus. A non-systemic virus disease incited by a virus in the Cilevirus genus, is not currently assigned to a family, and is vectored by mites in the Brevipalpus genus. It is a problem in Brazil through to upper Central America. It causes a non-systemic infection in citrus with local necrotic lesions on fruit and leaves with leaf and fruit drop, twig die back and where the vector is not controlled, death of the tree.

(s) Citrus Nursery Stock Certification Program. A mandatory program administered by the Division of Plant Industry whereby registered nurserymen, or other researchers, under permit, are propagating citrus, including all dooryard, own-use and commercial plantings, are required to propagate citrus in accordance with these rules.

(t) Citrus Psorosis Virus. 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 in the Ophioviridae family. Symptoms include bark-scaling, internal wood staining, ringspots or irregular chlorotic patterns in the foliage, and/or eventual tree decline.

(u) Citrus Stubborn. A graft-transmissible disease that is incited by Spiroplasma citri and vectored by several species of leaf hopper (order Hemiptera: family 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.

(v) 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 Brazil.

(w) 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.

(x) 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, any of which can result in reduced crops or death of the trees.

(y) Citrus Variegated Cholorosis. 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 (order Hemiptera: family Cicadellidae). It is also seed-transmitted. It is found in Brazil and up into Central America. Affected trees are stunted with dieback and have fruit that are small and ripen early.

(z) Citrus Vein-Enation Virus. A graft-transmissible disease also called woody gall is transmitted in a persistent manner by aphid vectors including Toxoptera citricida, Myzus persicae and Aphis gossypii (order Hemiptera: family 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 California. It is symptomless in the majority of citrus cultivars and is not considered of major economic importance. Wood galls are formed on the trunks and branches of Rrough and Volkamer lemons. Severe infection on these rootstocks has been reported to eventually cause tree decline.

(aa) Citrus Viroids. Viroids in the family Pospiviroidae and the genus Apscaviroid (Citrus bent leaf viroid, Citrus viroid I, Citrus viroid V), Citrus viroid III, the genus Cocaviroid (Citrus viroid IV), the genus Pospiviroid (Citrus exocortis viroid) and the genus Hostuviroid (Citrus cachexia viroid).

(bb) Citrus Yellow Mosaic Virus. A graft- and mechanically transmissible disease that is also vectored by the citrus mealybug, Planococcus citri (order Hempitera: family 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 India.

(cc) Clone. An asexually reproduced cultivar; a group of genetically uniform plants that have been propagated vegetatively from a single original plant.

(dd) Commercial citrus grove. A solid set plantings of 40 or more citrus trees.

(ee) Commercial Citrus Nursery Stock. Citrus nursery stock to be used in or for establishing a planting of 40 or more citrus trees.

(ff) Concave Gum/Blind Pocket. Graft-transmissible or seed transmitted 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.

(gg) Cooperating Agencies. The University of Florida and the United States Department of Agriculture shall be regarded as cooperating agencies.

(hh) Decline. An unknown disorder that causes citrus trees to become unthrifty and show receding vigor, and/or has a significant amount of dieback.

(ii) 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.

(jj) Florida Gummosis. A disease of unknown etiology characterized by bark cracks and gumming of scions. This disease is called Rio Grande gummosis in Texas and ferment gum disease in California.

(kk) Foundation Tree. A citrus tree owned and maintained by the department in accordance with Rule 5B-62.014, F.A.C., that is used to provide a source of budwood to nurserymen, primarily for establishing scion and increase trees.

(ll) Graft-Transmissible Pathogens. Disease agents spread by vegetative propagation including 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.

(mm) 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.

(nn) 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.

(oo) Indian Citrus Ringspot Virus. A disease of mandarin in India incited by a Mandarivirus in the Alphaflexiviridae family.

(pp) Melon Aphid. Aphis gossypii, classified in the order Hemiptera: family Aphididae and all of its life stages that is also known as the cotton aphid. It is a vector of citrus tristeza virus.

(qq) Micropropagated – The use of a plant part to initiate the tissue culture process.

(rr) Parent Tree. A citrus tree of unique germplasm that has met all of the requirements of Rule 5B-62.013, F.A.C. and has been registered with the Department.

(ss) Polymerase Chain Reaction (PCR). 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.

(tt) Progeny Nursery Tree. A citrus nursery tree produced from budwood from a registered source tree in accordance with instructions outlined in this rule chapter.

(uu) Propagative Material. Any live plant material used to produce nursery stock, including cuttings, budwood, seeds, seedlings, air layers and tissue culture.

(vv) 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.

(ww) Rootstock. A plant used as the recipient understock in budding or grafting.

(xx) Satsuma Dwarf Virus. A graft- and mechanically-transmissible disease which apparently also has a non-nematode soil vector. It is incited by a Nepovirus species which is assigned to the viral family Comoviridae. Satsuma trees infected with Satsuma Dwarf Virus will display a range of leaf symptoms including narrow, boat or spoon-shaped leaves, the surfaces of which are often distorted or crinkled. A severely affected tree has poor fruit-set, its fruit are small and irregularly shaped, and tree vigor is reduced.

(yy) 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.

(zz) Seed Source Tree. A tree that is registered by a certified nursery and supplies seed for propagation that has been determined by the Department as being horticulturally true-to-type, seed-transmitted diseases as listed in Rule 5B-62.003, F.A.C., and originated from a foundation or parent tree.

(aaa) Severe Strains of Citrus Tristeza Virus. Strains of Citrus Tristeza Virus that have been identified by the Department as being harmful to citrus production in Florida.

(bbb) 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.

(ccc) 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 the Citrus Budwood Testing Manual, Revised 03/14, or approved by the Citrus Budwood Technical Advisory Committee.

(ddd) Witches’ Broom Disease of Lime. A disease of Citrus aurantiifolia, small-fruited acid lime. It is found in Asia and is incited by a Candidatus aurantifolia phytoplasma and thought to be vectored by Hishimonous phycitis (order Hemiptera: family Cicadellidae).

(2) 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.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended_________.

 

5B-62.002 Purpose.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Repealed________.

 

(Substantial rewording of Rule 5B-62.003 follows. See Florida Administrative Code for present text).

 

5B-62.003 Plant Pest Declaration.

The following arthropods, nematodes, and pathogens, are declared to be plant pests and agricultural and public nuisances:

(1) Arthropods:

(a) Trioza erytreae – African citrus psyllid

(b) Diaphorina citri – Asian citrus psyllid

(c) Toxoptera citricida – brown citrus aphid

(d) Aphis gossypii – melon aphid

(a) Plant-parasitic nematodes not known to occur in Florida. The following nematodes present a serious threat to Florida’s commercial citrus industry:

1. Hemicycliophora arenaria – a sheath nematode

2. Meloidogyne species – root-knot nematodes

(b) Plant – parasitic nematodes, which are known to be established in Florida. The following nematodes present a serious threat to Florida’s commercial citrus industry:

1.Radopholus similis – burrowing nematode;

2. Tylenchulus semipenetrans – a citrus nematode

3. Pratylenchus coffeae – a root-lesion nematode

(3) Pathogens:

(a) Citrus pathogens not known to occur in Florida. The following pathogens present a serious threat to Florida’s commercial citrus industry:

1. Australian citrus dieback

2. Citrus chlorotic dwarf

3. Citrus leprosis virus

4. Citrus stubborn;

5. Citrus sudden death

6. Citrus variegated cholorosis (seed-transmitted)

7. Citrus vein-enation virus

8. Citrus yellow mosaic virus

9. Indian citrus ringspot virus

10. Satsuma dwarf virus

11. Witches’ broom disease of lime

(b) Economically important endemic citrus pathogens known to occur in Florida and tested by the Citrus Budwood Registration Bureau:

1. Citrus canker

2. Citrus greening (huanglongbing)

3. Citrus leaf blotch virus (seed-transmitted)

4. Citrus psorosis virus

5. Citrus tatter leaf virus (apple stem grooving virus) (seed-transmitted)

6. Citrus viroids

7. Concave gum/blind pocket (seed-transmitted)

8. Citrus tristeza virus (severe strains)

(4) Any plant virus, viroid, plant parasitic nematode, biotype or arthropod not listed and identified as injurious to citrus.

Rulemaking 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. History–New 12-26-06, Amended_________.

 

5B-62.004 Manuals.

The Florida Department of Agriculture and Consumer Services’ Division of Plant Industry The regulations, definitions, and standards in Citrus Nursery Stock Certification Procedure Manual, Revised 03/14 9/08/06, and the Florida Department of Agriculture and Consumer Services’ Division of Plant Industry Citrus Budwood Testing Manual, Revised 03/14 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. and incorporated by reference. Copies may be obtained by contacting the Secretary of State’s Office, Tallahassee, FL. are available from 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. The Citrus Nursery Stock Certification Procedure Manual, Revised 03/14, is available online at http://www.flrules.org/Gateway/reference. The Citrus Budwood Testing Manual, Revised 03/14 is available online at http://www.flrules.org/Gateway/reference.

Rulemaking 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. History–New 12-26-06, Amended___________.

 

5B-62.005 Forms.

(1) The following documents All forms required for compliance in the Citrus Nursery Stock Certification Program are listed below and are hereby adopted and incorporated by reference herein. These documents The following forms may be obtained by writing to or visiting the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Citrus Budwood Registration, 3027 Lake Alfred Road, Winter Haven, FL 33881-1438, or online as indicated by visiting.

(a) Form FDACS-08066, Revised 04/08, Application to Produce Citrus Nursery Stock, http://www.flrules.org/Gateway/reference.

(b) Form FDACS-08071, Revised 03/14, Growers Record of Registered Scion Tree Movement, http://www.flrules.org/Gateway/reference.

(c) Form FDACS-08072, Revised 03/14, Certificate of Source Tree Registration, http://www.flrules.org/Gateway/reference.

(d) Form FDACS-08111, Revised 03/14, Certification to Witness Registered Budwood, http://flrules.org/Gateway/reference.

(e) Form FDACS-08172, Revised 03/14, Source Tree Bud Cutting Report, http://flrules.org/Gateway/reference.

(f) Form FDACS-08218, Revised 05/12, Budwood Order Form, http://www.flrules.org/Gateway/reference.

(g) Form FDACS-08274, Revised 05/12, Application and Permit to Plant Citrus Pathogen Infected Stock, http://www.flrules.org/Gateway/reference.

(h) Form FDACS-08298, Revised 03/14, Parent Tree Candidate Entry Form, http://www.flrules.org/Gateway/reference.

(i) Form FDACS-08318, Revised 03/14, Research Facility Compliance Agreement, http://www.flrules.org/Gateway/reference.

(j) Form FDACS-08319, Revised 12/12, Citrus Budwood Bureau Invoice, http://www.flrules.org/Gateway/reference.

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, P. O. Box 147100, Gainesville, FL 32614-7100.

Form DACS-08038, Revised 10/03, Citrus Nursery Stock Inspection Tag.

Form DACS-08016, Revised 2/10, Stop Sale Notice and Hold Order

Form DACS-08004, Revised 1/11, Application for Certificate of Registration

Rulemaking 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. History–New 12-26-06, Amended__________.

 

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 from 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 dDepartment, 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 shall elect a chair and may meet when called by the committee chairman. This committee shall make recommendations to the dDepartment 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.

Rulemaking Specfic Authority 570.07(23), 581.031(1), (3), (8) F.S. Law Implemented 570.07(2), (23), 570.0705, 581.031(1), (14), (17), (23) F.S. History–New 12-26-06, Amended_________.

 

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 dDepartment, 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 by filling out an Application for Certificate of Registration, Form FDACS-08004, Revised 03/14, as incorporated in according to Rule 5B-2.002, F.A.C.

(b) Submit an Application to Produce Citrus Nursery Stock, on Form FDACS-08066, Revised 04/08, as incorporated in Rule 5B-62.005, F.A.C. Make Application to Produce Citrus Nursery Stock.

(c) Applicants must agree to comply with all the conditions that which apply to the Citrus Nursery Stock Certification Program as specified in this rule chapter.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8), F.S. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), F.S. History–New 12-26-06, Amended_________.

 

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 dDepartment 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 Rule Chapter 5B-3, F.A.C., or any other the rules of the dDepartment. 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 may 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 site must nursery should be well drained with no runoff from surrounding areas.

(4) The site must should have adequate parking outside the fenced facility.

(5) The site must should incorporate an area for deliveries and shipments.

(6) The site must should have an adequate water supply without using surface water for irrigation.

(7) The site must should incorporate natural or artificial windbreaks designed to that would reduce windblown wind blown rain.

(8) The site nursery must be fenced, or have a barrier of equal integrity, and all entrances must be secured.

(9) Site access must shall have permitted entry only through an area that incorporates decontamination areas for personnel and equipment.

Rulemaking 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. History–New 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 as described in the Citrus Nursery Stock Certification Manual, Revised 03/14, as incorporated in Rule 5B-62.004, F.A.C.

(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 as described in the Citrus Nursery Stock Certification Manual, Revised 03/14, 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 a registered citrus nursery an approved structure or soil storage area as specified in Rule 5B-62.010, F.A.C., shall walk through a sanitizing foot bath containing a decontaminant that is approved by the dDepartment, such as copper sulfate or equivalent product labeled for use by the United States Environmental Protection Agency.

(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 letter issued by the department indicating that the product is free from burrowing nematode Radopholus similis.

(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.

(6)(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.

(7)(8) Non-certified nursery stock shall not cannot be grown in or introduced into the same greenhouse or structure with certified citrus nursery stock.

(8)(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.

(9)(10) Nursery records shall be made available to division inspectors for:

(a) All chemical applications;

(b) Nursery budding and tree movement records.

(10)(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 as described in the Citrus Nursery Stock Certification Manual, Revised 03/14.

(11)(12) Nursery areas and perimeter shall remain weed free.

(12)(13) Approved Ccitrus nursery sites must be not planted within 12 months of departmental approval shall be reevaluated prior to use.

(13)(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 by the department.

Rulemaking Specific Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History–New 12-26-06, Amended__________.

 

5B-62.010 Requirements for Citrus Nursery Structure.

(1) All citrus nursery stock propagated, moved or sold after January 1, 2007 must originate from a greenhouse structure, and the site must be registered and inspected approved by the dDepartment. 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 All 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 released from quarantine treated as prescribed by the dDepartment. and released from quarantine. Pest monitoring tools such as yellow sticky traps or other detection devices for plant-feeding insects should be used by the nursery and may be used by the Department to evaluate the integrity of the structure.

(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.

(d)(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 not subjected via open air exposure to citrus pests and diseases covered.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8), FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), FS. History–New 12-26-06, Amended__________.

 

5B-62.011 Requirements for Citrus Propagation.

Commercial and dooryard citrus nursery stock shall be propagated according to the following provisions unless for research purposes as provided exempted in Rule 5B-62.026 5B-62.016, F.A.C.

(1) Propagative material including budwood, air-layers, cuttings and all topworking material must 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 must be taken under the direct supervision of a witness authorized by the dDepartment via a Certification To Witness Registered Budwood, FDACS 08111, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C. 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 must be recorded on a Source Tree Bud Cutting Report, (FDACS-08172, Revised 03/14,) as incorporated in Rule 5B-62.005, F.A.C., 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, (FDACS-08172, Revised 03/14,) must shall sign a Certification To Witness Registered Budwood form, FDACS-08111, Revised 03/14.

(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) Topworking must be done using registered or certified budwood grown within a structure as described in the Citrus Nursery Stock Certification Manual, Revised 03/14, as incorporated in Rule 5B-62.004, F.A.C. Topworked trees cannot be moved after budding. Topworking must comply with (1)-(3) above, all other propagation must comply with (1)-(5) above.

Rulemaking 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. History–New 12-26-06, Amended____________.

 

5B-62.012 Source Trees.

Source trees shall be registered on a Certificate of Source Tree Registration, (FDACS-08072, Revised 03/14,) as incorporated in Rule 5B-62.005, 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 dDepartment and shall be reported on a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14), as incorporated in Rule 5B-62.005, F.A.C. Form 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,. except that, if 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 the Source Tree Bud Cutting Report, Form (FDACS-08172, Revised 03/14, 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) Parent and scion source trees shall have tested negatively for severe strains of citrus tristeza virus, citrus greening, citrus viroids, citrus leaf blotch virus, psorosis virus, and citrus tatter leaf virus, by the dDepartment at its expense and discretion, and shall be apparently free, based on an annual visual inspections, 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.

(c) Seed source trees must meet the requirements of Rule 5B-62.028, F.A.C., and be tested and found free of citrus leaf blotch virus and citrus tatter leaf virus. Seed source trees not originating from registered stock must enter the parent tree testing program and be tested and found free of seed transmissible pathogens listed in Rule 5B-62.003, 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 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 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, (FDACS-08072, Revised 03/14,) as specified in Rule 5B-62.017, F.A.C., issued. For increase trees, the Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, must 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.

Rulemaking 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. History–New 12-26-06, Amended___________.

 

5B-62.013 Parent Trees.

Parent trees are selected as unique germplasm, mature trees belonging to a nurseryman, grower, or researcher, or on property that the owner has given written permission to a nurseryman and the dDepartment 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, (FDACS-08298, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(1) Prospective parent trees. As a prerequisite to entry into the program, the person entering the parent tree for consideration must provide a brief history or background of the selection that includes the location of the tree from which the testing material is taken from 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 Florida gummosis, citrus blight, citrus canker, citrus greening, decline, leprosies, evidence of unacceptable bud mutation, and other quarantinable pests or diseases.

(2)(3) The parent tree should be exceptional, distinctive, or unique in regards to its vigor, fruit, disease resistance, or any other characteristic that would make it of value to cultivate shall be vigorous, productive, and horticulturally true-to-type and shall have borne fruit.

(3)(4) 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. The parent tree shall have tested negatively for all disease listed in Rule 5B-62.003, F.A.C.

(4)(5) The parent tree or shoot-tip graft shall have tested negative for all the endemic diseases listed in Rule 5B-62.003(b), F.A.C. All trees propagated for testing in the Department’s facilities shall become property of the Department.

(5)(6) All trees propagated for testing in the department’s facilities shall become property of the department. 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 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.

(6)(7) Parent trees will not be used for a source of propagating material;, rather the tested registered propagation from the parent tree or shoot-tip graft will be the source material of the parent tree clone to be used to establish foundation or scion trees.

Rulemaking 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. History–New 12-26-06, Amended________.

 

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 or and unlawful to plant a commercial citrus grove within 10 miles of a foundation tree.

(1) Foundation trees must 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.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended___________.

 

5B-62.015 Scion Trees.

Scion trees shall be propagated from foundation trees, be registered on a Certificate of Source Tree Registration, (FDACS-08072, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., as specified in Rule 5B-62.012, F.A.C., and must meet the following requirements:

(1) Scion tree planting is witnessed by the dDepartment on Growers Record of Registered Scion Tree Movement, Form (FDACS-08071, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(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, Aall scion trees must be located in an approved structure as described in Rule 5B-62.010, F.A.C.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended____________.

 

5B-62.016 Increase Trees.

Increase trees shall be identified registered on a Source Tree Bud Cutting Report, Registration (FDACS-08172, Revised 03/14, 08072, Rev.4/08) as incorporated specified in Rule 5B-62.005 5B-62.012, F.A.C., and must be provided they have been propagated as follows:

(1) Budwood must have been obtained under the direct supervision of the dDepartment 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 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.

(7) Increase trees found infected with a pathogen shall be removed from the protected greenhouse within 10 days of notification of test results.

Rulemaking 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. History–New 12-26-06, Amended_________.

 

5B-62.017 Source Tree Registration Certificate.

(1) Source tree registration certificate. The dDepartment 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, by 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 3027 Lake Alfred Road, Winter Haven, Florida 33881. When registering increase trees, the Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., shall be used instead of a Certificate of Source Tree Registration, FDACS 08072, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(2) Duration of registration certificate. The Certificate of Source Tree Registration, (FDACS-08072, Revised 03/14,) 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, Registration (FDACS-08172 08072, Revised 03/14,) for increase blocks completed and filed with the Bureau of Citrus Budwood Registration 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 period with the payment of a renewal fee as described in Rule 5B-62.025 5B-62.015, F.A.C.

(4) Billing. Annual source tree registration fees shall be billed annually on the Citrus Budwood Bureau Invoice, FDACS-08319, Revised 12/12, as incorporated in Rule 5B-62.005, F.A.C. Statement of Charges for Annual Source Tree Registration (DACS-08064).

(5) Cancellation. Certificate of Source Tree Registration Certificates (FDACS-08072, Revised 03/14,) 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, (FDACS-08072, Revised 03/14,) is canceled.

(7) Reinstatement. The Certificate of Source Tree Registration 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.

Rulemaking 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. History–New 12-26-06, Amended__________.

 

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 Movement Report, Inspection Tag (FDACS-08038, Revised 05/12,) as incorporated in Rule 5B-2.010, F.A.C., at the time of delivery.

(1) If the nursery stock was propagated from a certified tree, the Citrus Nursery Stock Movement Report, Inspection Tag (FDACS-08038, Revised 05/12,) 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 Movement Report, Inspection Tag (FDACS-08038, Revised 05/12). The Citrus Nursery Stock Movement Report, (FDACS-08038, Revised 05/12,) is substantiation of the movement of citrus trees. The nurseryman or grower shall keep these records (FDACS-08038, Revised 05/12,) for a period of three years, which shall be available for examination by the dDepartment.

(b) Nurserymen may print the Citrus Nursery Stock Movement Report, Inspection Tag (FDACS-08038, Revised 05/12,) on their invoices upon approval by the Division of Plant Industry.

(3) All movements of nursery stock shall also comply with all dDepartment requirements pertaining to the inspection and certification as to freedom from plant pests.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended___________.

 

5B-62.019 Inter- or Intra-Nursery Movement of Plant Material.

(1) Commercial Citrus trees cannot leave a nursery without a Citrus Nursery Stock Movement Report, Inspection Tag, Form (FDACS-08038, Revised 05/12) as incorporated in Rule 5B-2.010, F.A.C.

(2) Liners cannot leave or enter a nursery without a Citrus Nursery Stock Movement Report, Inspection Tag, Form (FDACS-08038, Revised 05/12).

(3) Budwood cannot leave or enter a nursery without a Source Tree Bud Cutting Report, Form (FDACS-08172, Revised 03/14) as incorporated in Rule 5B-62.005, F.A.C .

(4) Scion trees cannot leave or enter a nursery without a Growers Record of Registered Scion Tree Movement, Form (FDACS-08071, Revised 3/14,) as incorporated in Rule 5B-62.005, F.A.C.

(5) All seed movement must be accompanied with an invoice or a Citrus Nursery Stock Movement Report, Inspection Tag, Form (FDACS-08038, Revised 05/12,) or an equivalent invoice that indicates the origin of the seed by seed block.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended__________.

 

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 fewer less than 250 500 citrus trees in stock or retail sales areas within a larger nursery where fewer less than 250 500 citrus trees are displayed for sale at any given time are exempt from subsection (2) provided the trees are maintained pest- and disease-free 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 nursery’s certificate of nursery registration number that was issued by the dDepartment. 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 must 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.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended__________.

 

5B-62.021 Requirements for Soil Pit Approval.

(1) Upon the request of the owner of a soil pit, the dDepartment shall 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.

Rulemaking Specific Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History–New 12-26-06, Amended __________.

 

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 dDepartment and found free of nematodes injurious to citrus.

Rulemaking Specific Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(5) FS. History–New 12-26-06, Amended __________________.

 

5B-62.023 Stop-Sale Notice and or Hold Order (DACS-08016).

A Stop-Sale Notice and or Hold Order, (FDACS-08016, Revised 02/10, as incorporated by reference in Rule 5B-65.005, F.A.C.,) shall be issued for the following reasons:

(1) Compromise or breach of structure.

(2) Failure to submit a Source Tree Bud Cutting Report, FDACS 08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., 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.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended _________________.

 

5B-62.024 Release from Quarantine or Withdrawal of Stop-Sale Notice and or Hold Order (DACS-08016).

(1) Trees shall be released from a Stop-Sale and or Hold Order, (FDACS-08016, Revised 02/10, as incorporated by reference in Rule 5B-65.005, F.A.C.,) once conditions causing the Stop-Sale and or Hold Order (DACS-08016) have been corrected and/or the pathogen threat has been found not to present a risk after evaluation by dDepartment scientists.

(2) Risk evaluation shall be based on:

(a) Length of time Ddeficiencies existed prior to correction within the past two years.

(b) Number of past actions taken by the division within the past two years.

(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.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended___________.

 

5B-62.025 Fees.

An annual source tree registration fee shall be paid as follows:

Source Tree (includes seed source) $5 per tree per year Miscellaneous fees for citrus budwood program services: division services:

Source Tree Registration (includes seed source)	$5 per tree per year
Biological greenhouse testing	$50 per test
Laboratory PCR testing	$25 per test
Laboratory ELISA testing	$10 per test
Annual scion tree testing	$5 per tree
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 Florida	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, (FDACS-08218, Revised 05/12) as incorporated in Rule 5B-62.005, F.A.C.

Mileage shall be based on the prevailing state mileage rate.

(1) Fees shall be paid prior to obtaining a Certificate of Source Tree Registration, (FDACS-08072, Revised 03/14,) as incorporated in Rule 5B-62.005, F.A.C., 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.

Rulemaking Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended_________.

 

5B-62.026 Citrus Produced for Research Purposes.

Citrus trees produced for research purposes shall abide by with the following requirements 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 meet the same requirements as registered citrus nurseries 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 – Research Facility Compliance Agreement, FDACS-08318, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C. 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, FDACS-08274, Revised 05/12, as incorporated in Rule 5B-62.005, F.A.C.

(6) Citrus breeding programs that 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., shall be 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 endemic vectored 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-62.010, F.A.C., isolated from any citrus plant material intended for off-site planting.

Rulemaking 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. History–New 12-26-06, Amended__________.

 

5B-62.027 Exemptions.

(1) Retail outlets or retail sales areas having fewer less than 250 500 citrus trees in stock at any given time, are exempt from subsection 5B-62.020(2), F.A.C.

(2) The dDepartment will propagate and maintain pathogen-infected material for the purpose of testing or shoot-tip grafting. The department will also propagate and maintain citrus and citrus relatives for the purpose of rearing biological-control agents. Such plant material will be kept in enclosed structures on department-owned sites and destroyed when removed from the structure.

(3) Sites for dooryard citrus will be exempt from the nematode certification requirements.

(4) Nurseries producing citrus trees from cuttings or seed for the export trade or as boxed souvenirs shall be exempt from source tree registration as contained in Rule 5B-62.012, F.A.C., provided the cuttings come from a tree grown in a structure in accordance with Rule 5B-62.010, F.A.C., and the source tree has been tested annually and found free of citrus greening and severe strains of citrus tristeza virus. They shall not be exempt from annual testing fees.

(5) Registered tissue culture laboratories producing citrus in an approved lab environment shall be exempt from citrus nursery site approval as contained in Rule 5B-62.008, F.A.C. Tissue culture laboratories will also be exempt from the citrus nursery sanitation and structure requirements contained in Rule 5B-62.009, F.A.C. and Rule 5B-62.010, F.A.C., provided the lab environment maintains standard operating procedures to minimize the spread of serious graft-transmissible diseases and other pathogens of citrus. This exemption only applies to plantlets maintained in the laboratory environment.

(6) Sites producing host plants of citrus greening as listed paragraph 5B-63.001(5)(a), F.A.C., (including Clausena spp., Murraya spp. and Severinia spp.) that are not in the genera Citrus, Poncirus, and Fortunella including any hybrids thereof will be required to be grown in an enclosed structure designed to deter citrus psyllids. Source plants for propagation must be certified free from citrus greening by the department.

Rulemaking 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. History–New 12-26-06, Amended_________.

 

5B-62.028 Citrus Seed.

Citrus seed must originate from source trees that are registered on a Certificate of Source Tree Registration as specified in Rule 5B-62.017, F.A.C., and must meet the following requirements:

(1) Budwood used to propagate seed source trees must be taken under the direct supervision of the department and shall be reported on a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C. The Budding Record Location on the Source Tree Bud Cutting Report must identify the location of the progeny trees in the nursery.

(2) The planting of seed source trees must be witnessed by the department using the Growers Record of Registered Scion Tree Movement, FDACS-08071, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(3) Existing registered seed source trees can be top-worked to another variety provided the new variety is not similar in leaf or fruit morphology. Topworked seed source trees must comply with subsections (1) and (2) above. Topworked trees must be inspected to assure only the topworked variety is grown.

(4) New seed source trees cannot be within 300 feet of an approved greenhouse structure.

(5) Seed source trees must be inspected by the department and shall have at no time shown symptoms of seed transmissible pathogens listed in Rule 5B-62.003, F.A.C.

(6) Seed source trees must be tested and found free of citrus leaf blotch virus and citrus tatter leaf virus.

(7) Seed source trees not originating from registered stock must enter the parent tree testing program and be tested and found free of seed transmissible pathogens listed in Rule 5B-62.003, F.A.C.

(8) Seed used in commercial citrus nurseries must be treated to prevent the spread of pathogens.

(9) Seed extraction operations must be separated from any approved greenhouse structure.

(10) Seed drying must be separated from extraction areas and away from field citrus trees.

(11) Fruit rinds culled from the extraction process must be removed from the area prior to seed treatment and drying and all personnel/vehicles handling the fruit decontaminated.

(12) Nursery personnel must not enter any approved greenhouse after being involved in the extraction/treatment process, until the following day.

(13) Seed must be hot water treated at 125 degrees Fahrenheit for ten minutes, followed by dipping in 2% household bleach (sodium hypochlorite), by volume for 5 minutes. A surface fungicide must also be applied to the seed prior to storage.

(14) Small lots of seed used for research or own-use nursery are exempt from hot water treatment.

(15) Citrus seed originating outside of Florida must meet the following requirements:

(a) Citrus seed must be imported under a permit issued by the division.

(b) The source trees for seed originating outside of Florida must have tested free of seed-transmissible diseases listed in Rule 5B-62.003, F.A.C.

(c) The tests for citrus seed-transmissible diseases shall have been completed within 36 months of the seed extraction date.

Rulemaking 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. History–New_________.

 

5B-62.029 Micropropagation of Citrus Rootstocks and Plants.

(1) The plant material for initiation of micropropagated cultures must originate from fully tested foundation material.

(a) Cultures must be re-initiated from foundation material after a maximum of 36 months.

(b) Long term source material can be established in Florida as scion source trees if they meet the conditions of Rule 5B-62.012, F.A.C., and Rule 5B-62.015, F.A.C.

(2) The plant portion micropropagated must come from non-zygotic embryos or shoots from adult plants.

(3) Material grown on contaminated media will be rejected.

(4) Antibiotics that can mask the presence of microorganisms must not be added to any media.

(5) In Florida, once plants leave culture vessels they must be maintained in approved enclosed structures.

(6) All movement reports and shipping labels must include the word, “micropropagated”.

Rulemaking Authority 570.07(23), 581.031(1), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Gaskalla, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 31, 2014