Definitions, Movement or Possession of Hosts or Regulated Articles; Conditions of Certification, Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5B-66.001Definitions
5B-66.004Movement or Possession of Hosts or Regulated Articles; Conditions of Certification
5B-66.006Treatment 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. 47 No. 82, April 28, 2021 issue of the Florida Administrative Register.
5B-66.001 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) through (f) No change.
(2) The purpose of this rule chapter is to establish procedures for conducting a program to eradicate Fruit flies defined in Rule 5B-66.001(1)(b)(2), F.A.C., upon their detection in the State of Florida. This rule chapter designates the size of quarantine areas and the requirements for the movement and certification of Hosts and Regulated articles. It also designates the size of treatment areas and the procedures for conducting treatments, outlines program mitigative measures and sets forth the requirements for declaring eradication.
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 12-8-11, .
5B-66.004 Movement or Possession of Hosts or Regulated Articles; Conditions of Certification.
(1) through (5) No change.
(6) Soil and plants with soil attached:
(a) No change.
(b) Soil and plants with soil attached under the canopy of a plant which is capable of bearing Hosts within the previous 60 days, shall be certified provided:
1. No change.
2. The soil is treated with an EPA-registered pesticide, 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, FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. These federal sections of FIFRA referenced above are incorporated herein by reference and are available at www.govinfo.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.
3. No change.
(c) Plants bearing Hosts or which were capable of bearing Hosts within the previous 60 days, shall be certified for movement only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that all Hosts have been removed in accordance with Rule 5B-66.006(1)(c), F.A.C., and that any soil attached to the Host is treated with an EPA-registered pesticide, an Emergency Exempted product as authorized by 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. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. These federal sections of FIFRA referenced above are incorporated in Rule 5B-66.004(6)(b)1., F.A.C. All treatments must be monitored by an authorized representative of the Department or USDA-APHIS-PPQ or pursuant to a compliance agreement as provided in Rule 5B-66.004(1), F.A.C.
Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11,
Amended .
5B-66.006 Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication.
(1) Treatment areas and treatment procedures to eradicate a Fruit fly infestation will be dependent on the species, life-stages and numbers of Fruit flies detected and the geographical area affected by the Fruit fly infestation. 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, implementing mitigative measures to reduce environmental and public impact as described in Rule 5B-66.006(4), 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 combination thereof:
(a) Ground or aerial applications of an EPA-registered pesticide, an Emergency Exempted product as authorized by 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 Fruit fly control. These federal sections of FIFRA referenced above are incorporated by reference in Rule 5B-66.004(6)(b)1., F.A.C.
(b) through (e) No change.
(2) 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 http://www.FDACS.gov/PI.
(a) through (b) No change.
(c) If a larva is detected, in addition to Rule 5B-66.006(1)(b) above, the soil under the canopy of all Host plants on the property and each adjacent property shall be drenched with an EPA-registered pesticide, an Emergency Exempted product as authorized by 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. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. These federal sections of FIFRA referenced above are incorporated in Rule subparagraph 5B-66.004(6)(b), F.A.C. All Hosts shall be removed within a 200 meter radius of the positive site by the Department or the USDA-APHIS-PPQ.
(3) through (6) 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 12-8-11, Amended .
