The proposed rules are being developed to implement recently enacted statutory changes to Chapter 578, F.S., and to update associated form references and other outdated information.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.: RULE TITLE:

5E-4.002 Labels

5E-4.003 Noxious Weed Seed

5E-4.004 Worthless Seed

5E-4.0041 Disposition of Seed Contaminated with Noxious Weed Seed

5E-4.006 Seed Standards

5E-4.007 Commercial Tests

5E-4.0071Consumer Request Samples

5E-4.011 Flower Seed Germination Standards

5E-4.013 Seed Aircraft Registration, Inspection, Security, Transactions, Recordkeeping, Area-of-Application Information and Forms

5E-4.014 Seed Dealer Registration Fees

PURPOSE AND EFFECT: The proposed rules are being developed to implement recently enacted statutory changes to Chapter 578, F.S., and to update associated form references and other outdated information.

SUBJECT AREA TO BE ADDRESSED: Extensive changes were made to Section 578.09, F.S., Labeling Requirements. Consequently, the analysis tag templates and labeling guidance outlined in rule 5E-4.002, F.A.C. require updating to assist seed producers and distributors in properly labeling their seed by aligning seed label content and format with recently modified seed-type classifications, labeling terminology, and germination test date requirements. Rule 5E-4.003, F.A.C. lists prohibited noxious weed seed, several of which need naming corrections to align with currently-recognized, scientific plant nomenclature. Rule 5E-4.004, F.A.C. requires changes to align this rule section with new verbiage adopted in Chapter 578, F.S., regarding “tree and shrub seed,” and deletes irrelevant language pertaining to worthless seed. Rule 5E-4.006, F.A.C. updates references to federal publications that establish seed standards and specifies the locations where these references can be obtained. Rule 5E-4.007, F.A.C. updates the kinds of seed for which the department offers commercial testing services. Rule 5E-4.0071 lists the fees associated with the analysis of official seed samples taken by the department upon request by a consumer. Changes to rule 5E-4.0071, F.A.C. are required to align this rule section with new verbiage adopted in Chapter 578, F.S., and certain seed kinds and groups currently listed are being consolidated to simplify the schedule of charges. Rule 5E-4.011, F.A.C. requires a change pertaining to the germination standard for sunflower seeds, to align with the nationally-recognized standard. Rule 5E-4.013, F.A.C. pertains to aircraft registration and aerial application of seed. Many forms have new revision dates and a reference needs to be added for the aircraft registration website. Rules 5E-4.0041, F.A.C. and 5E-4.014, F.A.C. both need to be updated to reflect the new Bureau of Licensing and Enforcement, and rule 5E-4.014, F.A.C. also requires an update to reflect the new department website address.

RULEMAKING AUTHORITY: 570.07(23), 576.181, 578.11(2), (h), (i), 580.036(2) FS.

LAW IMPLEMENTED: 487.101, 570.08(1), 576.111, 578.09, (2)(a), 578.11(2), (h), (3), 578.12, 578.28, (3), 580.111 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sarah Oglesby, Chief, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Bldg. 8, Tallahassee, FL 32399; [phone]; [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.