Exposed Citrus Nursery Stock Movement

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5BER17-4Exposed Citrus Nursery Stock Movement

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Section 581.1843(2), Florida Statutes, requires all citrus nursery stock to be produced in a protective structure approved by the Department. Rule Chapter 5B-62, Florida Administrative Code, adopts the Departments standards for those structures. Hurricane Irma has created emergency conditions jeopardizing the movement of citrus nursery stock in structures that have been compromised and impacted industries ability to move nursery stock.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The provisions of this rule are narrowly tailored to assist in the movement of exposed citrus nursery stock during the emergency conditions created by Hurricane Irma. Due to the emergency conditions, citrus nurseries may be forced to destroy valuable nursery stock that are needed by the industry to help replace trees damaged by the hurricane without the allowances provided by this emergency rule. The Department will immediately begin formal rulemaking to adopt the provisions of the emergency rule.

SUMMARY: This emergency rule allows for exposed citrus nursery stock to be moved into structures away from clean material and be sold to growers.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Ben Rosson, Chief, Bureau of Citrus Budwood Registration, 9870 NW 42nd Court, Chiefland, FL 32626, [phone].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

5BER17-4 – Exposed Citrus Nursery Stock

(1) Any citrus nursery stock within a greenhouse that was damaged due to the impact of Hurricane Irma or otherwise exposed shall be moved from the certified greenhouse into a non-certified structure within the permitted nursery or voluntarily destroyed by the nursery by December 31, 2017.  All citrus nursery stock moved into a non-certified structure must be tracked by the nursery and the tracking records shall be made available to the Department upon request. 

(2) Any citrus nursery stock moved into a non-certified structure within the permitted nursery will be exempt from compliance with Rule Chapter 5B-62, F.A.C., until September 30, 2018, at which time full compliance will be required.

(3) All citrus nursery stock sold or provided to citrus growers shall be accompanied by a written notice that the citrus nursery stock may have been exposed to citrus diseases due to Hurricane Irma.

(4) Repaired certified citrus nursery greenhouses that were damaged due to Hurricane Irma shall be cleaned and sanitized as required by Rule Chapter 5B-62, F.A.C.  Upon inspection and approval by the Department, the citrus nursery may start new citrus nursery stock plantings within the greenhouse that will be subject to the full requirements of Rule Chapter 5B-62, F.A.C.

(5) Scion houses that were compromised due to the hurricane are encouraged to be restarted from Foundation material as soon as possible.  However, recognizing the shortage that destroying this material could cause, the Division will require testing quarterly and continuous inspection every 30 days of these trees for 1 year beginning September 30, 2017. 

Rulemaking Authority 570.07(23), 581.031(1), (3), 581.1843(3) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), 581.1843, FS. History–New 9/20/2017.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: September 20, 2017