Definitions, Purpose, Plant Pest Declaration, Manuals, Forms, Citrus Budwood Technical Advisory Committee, Citrus Nursery Stock Certification Program, Requirements for Citrus Nursery Site Approval, Requirements for Citrus Nursery Sanitation, ...
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
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-62.011Requirements 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
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. 40, No. 81, April 25, 2014 issue of the Florida Administrative Register.
CHANGES TO THE PROPOSED RULE TEXT:
5B-62.001 Definitions and Purpose.
(1) through (1)(a) No change.
(b) Approved Citrus Nursery Site. A defined area that 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 that meets which meet the Department’s requirements as to the absence of injurious nematodes of citrus.
(d) through (g) No change.
(h) Certified Citrus Nursery. A nursery that which has been certified by the Department as meeting the requirements for production of citrus nursery stock free of pests of citrus.
(i) through (s) No change.
(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) through (gg) No change.
(hh) Decline. An unknown disorder that causes citrus trees to become unhealthy unthrifty and show receding vigor, and/or has a significant amount of dieback.
(ii) through (yy) No change.
(zz) Seed Source Tree. A tree that originates from a foundation or parent tree source and is used to supply seed for nursery propagation; must be registered and tested by the department for the seed-transmitted diseases as listed in Rule 5B-62.003, F.A.C. 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) through (bbb) No change.
(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, as incorporated in Rule 5B-62.004, F.A.C., or approved by the Citrus Budwood Technical Advisory Committee.
(ddd) through (2) No change.
Rulemaking 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-62.002 Purpose.
No change.
Rulemaking 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_________.
5B-62.003 Plant Pest Declaration.
No changes to introductory paragraph.
(1) No change.
(2) Nematodes:
(a) through (b) No change.
(3) No change.
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 12-26-06, Amended_________.
5B-62.004 Manuals.
The Florida Department of Agriculture and Consumer Services’ Division of Plant Industry Citrus Nursery Stock Certification Procedure Manual, Revised 08/14 03/14, and the Florida Department of Agriculture and Consumer Services’ Division of Plant Industry Citrus Budwood Testing Manual, Revised 08/14 03/14, are hereby adopted and incorporated by reference. Copies are available from the Florida Department of Agriculture and Consumer Services, Bureau of Citrus Budwood Registration, 3027 Lake Alfred Road, Winter Haven, FL 33881. 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 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 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 Citrus Budwood Registration, 3027 Lake Alfred Road, Winter Haven, FL 33881-1438, or online as indicated.
(a) Form FDACS-08004, Revised 05/14, Application for Certificate of Registration, http://www.flrules.org/Gateway/reference.
(b) Form FDACS-08014, Revised 05/12, Phytosanitary Certificate, http://www.flrules.org/Gateway/reference.
(c) Form FDACS-08038, Revised 05/12, Citrus Nursery Stock Movement Report, http://www.flrules.org/Gateway/reference.
(d)(a) Form FDACS-08066, Revised 04/08, Application to Produce Citrus Nursery Stock, http://www.flrules.org/Gateway/reference.
(e)(b) Form FDACS-08071, Revised 03/14, Growers Record of Registered Scion Tree Movement, http://www.flrules.org/Gateway/reference.
(f)(c) Form FDACS-08072, Revised 03/14, Certificate of Source Tree Registration, http://www.flrules.org/Gateway/reference.
(g) Form FDACS-08084, Revised 05/12, Application To Introduce Citrus Plants And Citrus Plant Parts, http://www.flrules.org/Gateway/reference.
(h)(d) Form FDACS-08111, Revised 03/14, Certification to Witness Registered Budwood, http://flrules.org/Gateway/reference.
(i)(e) Form FDACS-08172, Revised 03/14, Source Tree Bud Cutting Report, http://flrules.org/Gateway/reference.
(j)(f) Form FDACS-08218, Revised 05/12, Budwood Order Form, http://www.flrules.org/Gateway/reference.
(k)(g) Form FDACS-08274, Revised 05/12, Application and Permit to Plant Citrus Pathogen Infected Stock, http://www.flrules.org/Gateway/reference.
(l)(h) Form FDACS-08298, Revised 03/14, Parent Tree Candidate Entry Form, http://www.flrules.org/Gateway/reference.
(m)(i) Form FDACS-08318, Revised 03/14, Research Facility Compliance Agreement, http://www.flrules.org/Gateway/reference.
(n)(j) Form FDACS-08319, Revised 12/12, Citrus Budwood Bureau Invoice, http://www.flrules.org/Gateway/reference.
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 12-26-06, Amended___________.
5B-62.006 Citrus Budwood Technical Advisory Committee.
No change.
Rulemaking 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) through (2) No change.
(a) Register with the Division of Plant Industry by filling out an Application for Certificate of Registration, FDACS-08004, Revised 05/14 03/14, as incorporated in Rule 5B-62.005, F.A.C. 5B-2.002, F.A.C.
(b) through (c) No change.
Rulemaking 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-62.008 Requirements for Citrus Nursery Site Approval.
(1) Citrus nursery sites must be a minimum of one mile away from commercial citrus groves and 100 feet away from plants not certified by the department as being free of nematodes listed in Rule 5B-62.003, F.A.C., and free of any exterior, field or container grown plants from all genera, species, and varieties of the Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae., unless specifically excluded by Rule Chapter 5B-3, F.A.C., or any other rules of the department. Citrus nurseries located on sites prior to April 1, 2006, will not be required to comply with the one mile setback from commercial citrus groves while continuously operating at the April 1, 2006, location.
(2) through (3) No change.
(4) The site must have designated adequate parking outside the fenced facility.
(5) No change.
(6) The site must have an adequate water supply for irrigation without using surface water for irrigation.
(7) through (9) No change.
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 12-26-06, Amended___________.
5B-62.009 Requirements for Citrus Nursery Sanitation.
(1) through (a) No change.
(b) All equipment, if possible, should be kept on site.
(2) No change.
(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 provided by the nursery. A link to a recommended list of products is found in the Citrus Nursery Stock Certification Manual. 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 structure or soil storage area as specified in Rule 5B-62.010, F.A.C., or a soil storage area shall walk through a sanitizing foot bath containing a decontaminant that is approved by the department, such as copper sulfate or equivalent product labeled for such purposes 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 letter issued by the department indicating that the product is free from the burrowing nematode Radopholus similis.
(5) through (13) No change.
Rulemaking Authority 570.07(23), 581.031(1), 581.1843(3) FS. Law Implemented 570.07(13), 581.031(1), (6) FS. History–New 12-26-06, Amended_____________.
5B-62.010 Requirements for Citrus Nursery Structure.
(1) No change.
(2) All newly propagated commercial and dooryard citrus nursery stock and all budwood source trees must be maintained in a structure at an approved site as follows:
(a) through (b) No change.
(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 by the department after a risk evaluations as set forth in subsection 5B-62.024(2), F.A.C.
(d) Citrus nursery stock may be moved from one structure into another structure on the same 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.
Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3) 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.
No change.
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 12-26-06, Amended___________.
5B-62.012 Source Trees.
No change.
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 12-26-06, Amended____________.
5B-62.013 Parent Trees.
No change to Introductory Paragraph.
(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.
(2) through (3) No change.
(4) The parent tree or shoot-tip graft shall have tested negative for all the endemic diseases listed in Rule 5B-62.003(3)(b), F.A.C.
(5) No change.
(6) 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 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.
No change.
Rulemaking 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.
No change to introductory paragraph.
(1) through (2) No change.
(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 from the department.
(4) Scion trees found infected with a pathogen shall be removed from the protected greenhouse within 10 days of notification of test results from the department.
(5) through (6) No change.
Rulemaking 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.
No change to introductory paragraph.
(1) through (6) No change.
(7) Increase trees found infected with a pathogen shall be removed from the protected greenhouse within 10 days of notification of test results from the department.
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 12-26-06, Amended_________.
5B-62.017 Source Tree Registration Certificate.
(1) through (7)(c) No change.
(d) Unhealthy Unthrifty plantings or substandard trees are restored to a healthy condition.
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 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, FDACS-08038, Revised 05/12, as incorporated in Rule 5B-62.005, F.A.C., 5B-2.010, F.A.C., at the time of delivery.
(1) through (3) No change.
Rulemaking 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, FDACS-08038, Revised 05/12 as incorporated in Rule 5B-62.005, F.A.C. Rule 5B-2.010, F.A.C.
(2) through (5) No change.
Rulemaking 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.
No change.
Rulemaking 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.
No change.
Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(1),(6), 581.031(6) FS. History–New 12-26-06, Amended _____________.
5B-62.022 Requirements for Utility and Road Construction.
No change.
5B-62.023 Stop-Sale Notice and Hold Order.
(There is a non-substantive change to this Rule to strike through the hyphen in each instance of “Stop-Sale”. The hyphen is coded, however, difficult to see.)
A Stop-Sale Notice and 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) through (8) No change.
Rulemaking 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 Hold Order.
(There is a non-substantive change to this Rule to strike through the hyphen in each instance of “Stop-Sale”. The hyphen is coded, however, difficult to see.)
(1) Trees shall be released from a Stop-Sale and 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 Hold Order have been corrected and/or any the pathogen threat has been found not to present a risk after evaluation by department scientists.
(2) Risk evaluation shall be based on:
(a) Deficiencies existing existed prior to correction within the past two years.
(b) through (k) No change.
Rulemaking 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.
No change.
Rulemaking 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.
No change to introduction paragraph.
(1) through (3) No change.
(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.
(5) No change.
(6) Evaluation material originating from citrus breeding programs can be propagated and replanted on the originating site without testing the material for diseases contained in Rule 5B-62.003, F.A.C., provided such material is replanted within 18 months of being moved from the initial site. 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 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.
No change.
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 12-26-06, Amended_________.
5B-62.028 Citrus Seed.
No change to introductory paragraph.
(1) through (6) No change.
(7) Seed source trees not originating from registered stock must enter the parent tree testing program and be parent-tree 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 as defined by Rule 5B-62.028(13), F.A.C.
(9) through (10) No change.
(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 shall be decontaminated.
(12) through (15) No change.
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 Ccitrus Rrootstocks and Pplants
No change.
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__________.
