Movement or Possession of Hosts and Regulated Articles; Conditions of Certification from Regulated Areas, Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5B-67.004Movement or Possession of Hosts and Regulated Articles; Conditions of Certification from Regulated Areas
5B-67.006Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 53, March 18, 2013 issue of the Florida Administrative Register.
Note: This is to include the 2nd paragraph to the below Summary of SERC and Legislative Ratification which was omitted with the publication of the Notice of Proposed Rule:
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 giant African land snail activities and rules of this nature. 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), (24), 581.031(1), (5), (7), (17) FS.
LAW IMPLEMENTED: 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS.
THE FULL TEXT OF THE NOTICE OF CHANGE IS:
5B-67.004 Movement or Possession of Hosts or Regulated Articles; Conditions of Certification from Regulated Areas.
(1) No change.
(2) It shall be unlawful for any person to move any giant African land snails or other regulated articles within, through, or out of the quarantine area unless he or she is in compliance with this rule chapter and has movement practices that have been authorized by the Department or the USDA-APHIS-PPQ via PPQ Permit 526. Applicants must apply for a PPQ 526 via website www.aphis.usda.gov/permits/ppq_epermits.shtml.
(3) All life stages of giant African land snails or other regulated articles may be moved within, through or out of a quarantine area if they are from an establishment that is under a compliance agreement, has been inspected and treated with an EPA-labeled molluscicide that is approved for use by the Department, and found to be free of the giant African land snail. Hosts or regulated articles shall be certified by the Department for movement out of a quarantine area for commercial or distribution purposes following confirmation by the Department of the method above. After confirmation, the Department shall issue a Temporary Certificate of Inspection, FDACS-08010, Rev. 07/12, as incorporated by reference in Rule 5B-2.010, F.A.C. Prior to movement of hosts or regulated articles, the method of treatment and location of the treatment facility must be documented in the “Additional Declarations” section of FDACS-08010, Rev. 07/12. Interstate movement of hosts or regulated articles shall be governed by 7 CFR §301.32 – Subpart – Fruit Flies (§301.32 and §301.32-1 to §301.32-10, effective June 9, 2008) which is incorporated by reference in subsection 5B-66.004(3), F.A.C.
(4) through (5) No change.
(6) Giant African land snails and associated regulated articles may be moved within Florida for research purposes under a special permit issued by the Director of the Division of Plant Industry. The special permit shall be a letter written to an individual and will include giant African land snail conditions for containment, disposal, reporting and inspection under which the giant African land snails and associated regulated articles shall be transported . contain the stipulations of the safeguards necessary to contain the giant African land snail and regulated articles.
(7) The following documents are hereby adopted and incorporated by reference. These documents may be obtained by writing to the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection, at, P. O. Box 147100, Gainesville, FL 32614-7100 or online as indicated.
(a) Compliance Agreement – Giant African Land Snail (GALS), Nursery/Stock Dealer/ Garden Center, FDACS-08486, Rev. 06/13 01/13, available online via website www.flrules.org/Gateway/reference.
(b) Compliance Agreement – Cooperative Giant African Land Snail (GALS) Solid Waste Facilities (Transfer Stations, Land Fills, Recycling/Mulching/Compost Facilities) and Commercial Trash Haulers, FDACS-08487, Rev. 06/13 01/13, online via website www.flrules.org/Gateway/reference.
(c) Compliance Agreement - Giant African Land Snail (GALS) Landscape / Lawn Maintenance, FDACS-08488, Rev. 06/13 01/13, online via website www.flrules.org/Gateway/reference.
Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.
5B-67.006 Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication.
(1) Treatment areas and treatment procedures to eradicate a giant African land snail infestation will be dependent on the number of infested properties detected and the geographical area affected by the infestation, but will generally encompass an area of 200 yards beyond all known infested properties. The geographical boundaries of treatment areas shall be published in a major newspaper of general distribution in the treatment area, provided to affected industry groups, and published on the Department’s website at www.freshfromflorida.com/pi. Treatment areas shall be treated under the direction of the Department or the USDA-APHIS-PPQ. All pesticide applications will be applied in accordance with applicable federal and state regulations when implementing mitigative measures in order to reduce environmental and public impact as described in subsection 5B-67.006(3), F.A.C. The Department or other parties acting in concert with the Department through a compliance agreement shall use the following treatment activities or combinations thereof:
(a) Ground applications of an EPA-registered molluscicide, an Emergency Exempted product as authorized by Federal Insecticide Fungicide and Rodenticide Act (FIFRA), Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136v, effective October 25, 1988] that are labeled as effective for giant African land snail control as incorporated by reference in 5B-66.004(6)(b)1., F.A.C., and 5B-66.006(1)(a) and (2)(c), F.A.C.
(b) Bait application of molluscicide products labeled by the EPA for residential use to control the giant African land snail will be applied to properties infested or suspected to be infested within treatment areas as described defined in subsection 5B- 67.006(1)(2), F.A.C.;
(c) The removal and disposal of plant parts and debris known or suspected to harbor any stage of the giant African land snail;
(d) The placement of traps as and destruction by an approved method of all collected giant African land snails;
(e) Removal and destruction by an approved method of giant African land snails through hand collection or other mechanical methods.
(2) through (5) No change.
Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New _______.
