The purpose of this rulemaking is to update regulatory requirements for shipments entering Florida, to update the preferred host list of fruit flies, and to update list of pests, diseases, and organisms requiring immediate quarantine action on ...  

  •  

    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Plant Industry

    RULE NOS.:RULE TITLES:

    5B-3.001Definitions

    5B-3.002Purpose

    5B-3.003Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products

    5B-3.0032Requirements for the International Movement of Plants and Plant Products

    5B-3.0035Restrictions on Host Fruit of Fruit Flies

    5B-3.0038Quarantine Action

    PURPOSE AND EFFECT: The purpose of this rulemaking is to update regulatory requirements for shipments entering Florida, to update the preferred host list of fruit flies, and to update list of pests, diseases, and organisms requiring immediate quarantine action on incoming shipments. The outcome of these revisions will allow the department to better protect Florida’s agricultural industries.

    SUMMARY: This proposal is to update regulatory requirements; fruit fly host lists; quarantined pests, diseases, and organisms lists; referenced materials; and to correct grammar.

    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 plant quarantine and entry requirement activities 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), 581.031(1),(4),(5), FS.

    LAW IMPLEMENTED: 570.07, 581.011, 581.031, (7), (9), (15), (19), (20), 581.101, 581.141, 581.182, 581.211, FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Greg Hodges, (352)395-4627

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5B-3.001 Definitions and Purpose.

    (1) For the purpose of this chapter, the definitions in Section 581.011, Florida Statutes, and the following definitions shall apply:

    (a)(1) Agricultural inspection station. An official inspection station operated by the department to assist in monitoring the intrastate and interstate movement of agricultural commodities.

    (2) Club orders. Shipments of plant material directed through an organization or club which are consigned to their individual members or clients.

    (b)(3) House plants. Plants commonly known and recognized as house plants, grown or intended to be grown indoors which may be included as part of a passenger's baggage or household effects.

    (c)(4) Interstate movement. Movement into Florida from another state, U.S. possession or territory.

    (d)(5) International movement. Movement into Florida from any country or area outside the United States.

    (e)(6) Shippers. The producer or firm where the pest-infested plant or plant products originated.

    (f)(7) Sugarcane. All species of the genus Saccharum and all species of its close relatives Imperata, Miscanthidium, Miscanthus, Rapidium, ErianthusSorghum and all hybrids, selections, varieties, or clones thereof.

    (2) The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Florida through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of nursery stock and other plants and plant products moving into Florida and establishes provisions for such nursery stock and other plants and plant products to enter the state.  Additional information can be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100 or go to: http://www.freshfromflorida/pi/contacts.html.

    Rulemaking Specific Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 581.011, 581.031, 581.141, 581.182, 581.182, 581.211 FS. History–Repromulgated 12-31-74, Formerly 5B-3.01, Amended 3-16-92, 7-2-95, 4-1-97, 2-17-04,                                           .

     

    5B-3.002 Purpose.

    Rulemaking Specific Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 570.32, 581.031, 581.141, 581.182, 581.211 FS. History– Repromulgated 12-31-74, Formerly 5B-3.02, Amended 3-16-92, 4-1-97, Repealed                             .

     

    5B-3.003 Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products.

    Any person, nurseryman, stock dealer, agent, or plant broker doing business outside the State of Florida who desires to ship into this state nursery stock and other plants and plant products from any state, U.S. possession, territory, or district of the United States, shall comply with the following regulations:

    (1) If shipping nursery stock, the nurseryman, stock dealer, agent, or plant broker must be registered with the department of agriculture of the state where such nursery stock originated and listed in that state's directory of registered or certified nurseries, agents, stock dealers, and plant brokers.

    (2) For nursery stock, a valid certificate of inspection issued by the state of origin must be attached to and readily visible on each separate package, bundle, box, or shipment of nursery stock shipped into Florida. The certificate of inspection shall certify that the nursery stock is apparently free of plant pests and is in compliance with the rules of the department. In club orders, one tag must be attached to each individual order and another to the package containing the individual orders.

    (3) All commercial shipments of nursery stock or other plants and plant products entering peninsular Florida by road are required to stop at an agricultural inspection station where they will be screened for proper certification and subject to cargo inspection by the department.  Each shipment shall be accompanied with a bill of lading, or other valid documentation which contains, at least, the following information:

    (a) Name and address of shipper or consignor;

    (b) Name and physical address of receiver or consignee;

    (c) Description of plants or plant products in shipment;

    (d) Place and state of origin;

    (e) Ultimate destination of shipment if different other than receiver or consignee.

    (4) The bill of lading or other valid document and all attachments shall be in the English language, or shall have attached thereto an accurate English translation containing adequate information for examination of the product.

    (5) An Interdiction Station Rreport of Plant and Plant Material in Transit, FDACS-08003, revised 5/10 6/03, as incorporated by reference in 5B-65.005, F.A.C., will be completed on any shipment of nursery stock or other plants or plant products entering Florida that is subject to additional inspection upon reaching its destination. Report of Plant and Plant Material in Transit form, DACS-08003, revised 6/03 is supplied by the division for this purpose and is incorporated herein by reference.  copies of DACS-08003, Report of Plant and Plant Material in Transit, may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, Florida 32614-7100.

    (6) No change.

    (7) The movement of propagative parts of sugarcane into the State of Florida is prohibited unless accompanied by a special permit issued by the department. Sorghum seed is exempt from this requirement provided it is free from plant pests. A special permit may be requested by submitting to the Division at the address shown on the form completing an Application for Special Permit to Import Sugarcane, FDACS-08083, revised 9/16, which 6/03, and submitting it to the Division Director. Special Permit to Import Sugarcane, DACS-08083, is supplied by the division for this purpose and is incorporated herein by reference. The requester must be in compliance as outlined in FDACS 08344, Revised 9/16, Compliance Agreement Shipment of Propagative Parts of Sugarcan Into The State Of Florida, also incorporated herein by reference. A copy of the application Copies of An Application for Special Permit to Import Sugarcane, may be obtained from the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100 via http://www.flrules.org/Gateway/reference. Sorghum seed is exempt from this requirement provided it is apparently free from plant pests. A copy of the compliance agreement is available via http://www.flrules.org/Gateway/reference.

    (8) It is unlawful for any person to introduce into this state from another state, territory, or foreign country any citrus plant or citrus plant product for propagation therefrom without a permit issued by the department, unless specifically excluded by the rules of the department. Any citrus plant, citrus plant products, or propagation introduced into the state from another state, territory, or country without a permit issued by the department, or any plants propagated thereafter from such materials are unlawful and shall be confiscated and destroyed as contraband pursuant to 581.182, Florida Statute. No compensation shall be allowed for any plant, product, or propagation confiscated and destroyed pursuant to this section. 

    (9) A permit to bring citrus plants and citrus plant products into the state may be requested, by submitting to the Division at the address shown on the form, completing an Application to Introduce Citrus Plants and Citrus Plant Parts, FDACS-08084, revised 5/12, which is incorporated in Rule 5B-62.005, F.A.C. 6/03, and submitting it to the division director. Application to Introduce Citrus Plants and Citrus Plant Parts, DACS-08084, revised 6/03, is supplied by the division for this purpose and is incorporated herein by reference.  Copies of Application to Introduce Citrus Plants and Citrus Plant Parts, may be obtained from the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100.  Any such citrus plant or citrus plant product or propagation therefrom introduced into the state from another state, territory, or foreign country without a permit issued by the department, or any plants propagated thereafter from such materials, are unlawful and declared to be contraband and shall be confiscated and destroyed. No compensation shall be allowed for any plant, product, or propagation confiscated and destroyed pursuant to this section.

    Rulemaking Specific Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031, 581.182 FS. History–New 3-16-92, Amended 7-2-95, 4-1-97, 6-12-00, 10-8-03,                             .

     

    5B-3.0032 Requirements for the International Movement of Plants and Plant Products.

    (1) All shipments of international foreign origin plants and plant products entering Florida by road are required to stop at an agricultural inspection station where they will be screened for proper certification and subject to cargo inspection by the department.

    (2) All shipments of international foreign origin plants and plant products shall be accompanied with a bill of lading, or other valid documentation which contains, at least, the following information:

    (a) Name and physical address of the shipper or consignor;

    (b) Name and physical address of receiver or consignee;

    (c) Description of plants or plant products in shipment;

    (d) Place and country of origin;

    (e) Ultimate destination of shipment if different other than receiver or consignee.

    (3) The bill of lading or other valid document and all attachments shall be in the English language, or shall have attached thereto an accurate English translation containing adequate information for examination of the product.

    (4) It shall be unlawful to ship plants and plant products into Florida which are in violation of Federal law, including restricted international foreign origin plants and plant products that require treatment or the distribution is limited to specified states.

    Rulemaking Specific  Authority 570.07(23), 581.031(4) FS. Law Implemented 581.031(15), (19), (20) FS. History–New 4-1-97, Amended 10-8-03,.

     

    5B-3.0035 Restrictions on Host Fruit of Fruit Flies.

    All host fruit listed in subsections (1) through (54) below from an area infested with the fruit flies Anastrepha spp. (except A. suspensa), Bactrocera spp., Dacus spp., Rhagoletis spp. and Ceratitis spp. is prohibited entry into the State of Florida, unless accompanied by a certificate issued by an authorized representative of the USDA or the state of origin denoting the absence of fruit flies listed above, or having complied with a treatment established by the department or USDA to insure freedom from fruit flies. The following host list does not exclude from restriction any movement into Florida of other fruit or articles that may be infested. The purpose of the list is to provide information as to the preferred hosts of fruit flies which most commonly move in commerce.

    (1) Actinidia chinensis – kiwi fruit.

    (2) Annona spp. – soursop, cherimoya, pond-apple, and sugar-apple.

    (3) Arenga pinnata – sugar palm.

    (4) Argania spinosa – Argan tree, Morocco ironwood.

    (5) Blighia sapida – akee.

    (6) Capsicum spp. – peppers.

    (7) Carica papaya – papaya.

    (8) Carissa macrocarpa – carissa, Natal-plum.

    (9) Casimiroa spp. – white-sapote and other species of this genus.

    (10) Chrysophyllum spp. – star-apple and other species of this genus.

    (11) Citrus spp. – orange, grapefruit, tangerine, and other citrus relatives as defined in Rule 5B-63.001 5B-46.001, F.A.C., above.

    12 Coffea canephora (robusta coffee) or Coffea spp.

    (13)(12) Coffea arabica – coffee.

    (14)( 13)Cucumis spp. – cucumber, muskmelon, melon, and other species of this genus.

    (15)(14) Cydonia oblonga – common guince.

    (16)(15)Cyphomandra betacea – tree tomato.

    (17)( 16)Dimocarpus longan – longan.

    (18)(17) Diospyros spp. – Japanese and American persimmons and other species of this genus.

    (19)(18) Dovyalis spp. – Ceylon-gooseberry, kei-apple.

    (20)(19) Eriobotrya japonica – loquat.

    (21)(20) Eugenia spp. – Surinam cherry and other species of this genus.

    (22)(21) Acca sellowiana (=Feijoa sellowiana) – feijoa, pineapple guava.

    (23)(22)  Ficus carica – fig.

    (24)(23) Fortunella japonica – kumquat.

    (25)(24) Geoffroea decorticans – chanar, Chilean palo verde.

    (26)(25) Juglans spp. – walnut with husk.

    (27)(26) Litchi chinensis – lychee.

    (27) Lycopersicon esculentum – tomato.

    (28) Malpighia spp. – Barbados cherry, West Indies cherry.

    (29)Malus pumila – apple.

    (30) Mangifera indica – mango.

    (31)  Manilkara zapota – sapodilla.

    (32)  Mimusops elengi – Spanish cherry.

    (33) Murraya paniculata – orange jasmine.

    (34) Ochrosia elliptica – kopsia, elliptic yellowwood.

    (35) Olea europea – olive.

    (36) Opuntia spp. – prickly pear.

    (37) Passiflora edulis – passion fruit.

    (38)  Persea americana – avocado.

    (39) Phoenix dactylifera – date palm.

    (40) Pouteria campechiana – canistel.

    (41)  Pouteria sapota – mammee, sapote.

    (42) Prunus spp. – peach, plum, apricot, cherry, and other stone fruit relatives.

    (43)  Psidium spp. – common guava and cattley guava.

    (44)  Punica granatum – pomegranate.

    (45)  Pyrus communis – pear.

    (46)  Solanum esculentum – tomato

    (47)(46)  Solanum melongena var. esculentum – eggplant.

    (48)(47) Spondias spp. – hog plum, yellow mombin, red mombin, purple mombin, Spanish plum, jocote.

    (49)(48) Syzygium spp. – rose-apple, jambolan-plum, mountain apple.

    (50)(49) Terminalia catappa – tropical almond.

    (51)(50)  Thevetia peruviana – yellow oleander.

    (52)(51)Vaccinium angustifolium (including V. pennsylvanicum) - lowbush blueberry.

    (53)(52) Vaccinium corymbosum (including V. ashei and V. fuscatum atrococcum) - highbush blueberry.

    (54)(53) Vitis spp. – wine grape or European grape.

    (55)(54) Any other fruit which is known to be or found to be a host of any fruit flies listed above.

    Rulemaking Specific Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031 FS. History–New 7-2-95, Amended 10-8-03,.

     

    5B-3.0038 Quarantine Action.

    (1) Plant pests not known to occur in the state of Florida. Proof of origin in the form of a certificate of origin or a legible way-bill that identifies the number and type of commodity and point of origin of the plant or plant product and a document showing compliance with a cooperative arrangement or a legible certificate of inspection, indicating pest freedom and compliance with applicable Florida entry requirements as established by law, rule, or order, shall accompany or be applied to each box, bundle or other container entering the state of Florida. Plants and plant products which are not accompanied by proof of origin and a certificate of inspection documentation issued by a recognized state or country plant protection governmental agency indicating compliance with Florida regulations or are found to be infested or infected with, or exposed to a plant pest not known to be established in the state shall be subject to being refused entry, returned to the owner, quarantined, treated, or destroyed as specified by the department, or destroyed or treated by an authorized representative of the department. The destruction, quarantine, treatment, or return of a shipment shall be under the direction of an authorized representative of the department and at the expense of the owner.  Payment to the department for such expense shall be required before shipping can resume. Pursuant to 581.031(7), Florida Statute, sShippers shall be immediately suspended from shipping into Florida when shipments of plants and plant products are found to be infested or infected with a plant pest not known to be established in the state, and the pest is determined to be potentially damaging to Florida agriculture. This suspension shall remain in effect until the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, and the state of origin department of agriculture agree the problem has been resolved and that shipping may resume. An Agreement for Treatment, Destruction, Forfeiture, or Return of Plants and/or Plant Parts, FDACS-08029, revised 9/16 04/08, will be completed on all shipments requiring regulatory action. This agreement An Agreement for Treatment, Destruction, Forfeiture, or Return of Plants and/or Plant Parts form, DACS-08029, revised 04/08, is supplied by the division for this purpose and is hereby adopted and incorporated herein by reference.  A copy and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, Florida 32614-7100 via http:/www.flrules.org/Gateway/reference. The following are examples of plant pests that would require immediate quarantine action:

    (a) Arthropods Insects.

    1. Agrilus planipennis - emerald ash borer

    2.1 Aceria litchii - (currently in Hawaii; (Litchi mite)).

    3.2 Anoplophora spp. - (Asian longhorned beetles).

    4. Bactericerca cockerelli - potato psyllid

    5. Bactericera nigricornis complex - Old world potato psyllid

    6. Bagrada hilaris - bagrada bug

    7.3 Biprorulus bibax - (spined orange bug).

    8.4 Bostrichidae - Bostrichid beetles.

    9.5 Brevipalpus chilensis - (Chilean false red mite).

    10.6 Ceratovacuna lanigera - (sugarcane woolly aphid).

    11.   Epiphyas postvittana  - light brown apple moth

    12.7 Eutetranychus orientalis orinetalis - (Oriental red mite).

    13.8 Exophthalmus spp. - (Caribbean citrus weevils).

    14. Halyomorpha halys - brown marmorated stink bug

    15.9 Liriomyza huidobrensis - (pea leaf miner).

    16.10 Liriomyza langei - (pea leaf miner).

    17. Lobesia botrana - European grapevine moth

    18.11 Maconellicoccus hirsutus (pink mealybug).

    19.12 Metamasius spp. - (Neotropical palm and bromeliad weevils).

    20.13 Musgraveia sulciventris - (bronze orange bug).

    21.14 Myllocerus spp. - (Asian weevils).

    22.15 Nasonovia ribisnigri  - (currant-lettuce aphid).

    23.16 Nephotettix spp. - (green leafhoppers on rice).

    24.17 Nilaparvata lugens - (brown plant hopper).

    25.18 Oxycarenus hyalinipennis - (dusky cottonseed bug).

    26.19 Prymnotrypes spp. - (Andean potato weevils).

    27.20 Rhagoletis mendax - (blueberry maggot fly).

    28. 21 Rhynchophorus ferrugineus - (red palm weevil).

    29.22 Rhynchophorus palmarum - (giant palm weevil).

    30.23 Russelliana solanicola - (a potato psyllid).

    31.24 Siphoninus phillyreae - (ash whitefly).

    32.25 Trioza anceps - (avocado psyllid).

    33.26 Trioza perseae - (avocado psyllid).

    34.27 Trioza erytreae - (African citrus psyllid).

    35.28 Tropilaelaps clareae - (Tropilaelaps mite).

    36. Tuta absoluta - tomato leaf miner

    (b) Diseases.

    1. Banana bunchy top virus

    2.1 Chilli leaf curl virus.

    3.2 Citrus chlorotic dwarf.

    4.3 Citrus leprosis virus.

    5.4 Citrus variegated chlorosis.

    6.5 Citrus yellow mosaic virus.

    7.6 Huanglongbing - (citrus greening disease). Candidatus Liberibacter asiatius; Candidatus Liberibacter amerianus; Candidatus Liberibacter africanus

    8. Fiji disease of sugarcane

    9. Fusarium oxysporum, esp. tropical race IV

    10.7 Phytophthora alni.

    11.8 Phytophthora europea.

    12.9 Phytophthora foliorum.

    13.10 Phytophthora hedriandra.

    14.11 Phytophthora kernoviae.

    15.12 Phytophthora nemarosa.

    16.13 Phytophthora pseudosyringae.

    17.14 Phytophthora siskyouensis.

    18.15 Phytophthora ramorum - (sudden oak death).

    19.16 Puccinia horiana - (chrysanthemum white rust).

    20. Ralstonia solanacearum -  blood disease of banana

    21.17 Septoria citri.

    22.18 Sugarcane bacilliform badnavirus.

    23.19 Sugarcane yellowleaf syndrome.

    24.20Tomato chlorosis virus.

    25.21Tomato infectious chlorosis virus.

    26.22Tomato leaf curl New Delhi virus.

    27.23Tomato marchitez virus.

    28.24Tomato severe leaf curl virus.

    29.25 Tomato torrado virus.

    30.26 Tomato yellow leaf curl virus - China, Seychelles, and & Indonesia strains.

    31.27 Tomato yellow vein streak.

    28. Xanthomonas axonopodis pv. Citri (citrus canker).

    (c) Mollusks.

    1. Achatina spp. - (giant African land snail and others).

    2. Archachatina marginata - (banana rasp snail).

    3. Cryptomphalus spp. - (brown garden snail and others).

    4. Megalobulimus oblongus - (giant South American snail).

    5. Theba pisana - (white garden snail).

    (d) Nematodes.

    1. Anguina tritici - (wheat gall nematode).

    2. Bursaphelenchus cocophilus - (red ring nematode)

    3. Ditylenchus destructor - (potato rot nematode).

    4. Ditylenchus dispaci - (bud and stem nematode).

    5. Globodera spp. rostochiensis and G. Pallida - (potato cyst nematode).

    6. Hemicycliophora arenaria - (citrus sheath nematode).

    7. Heterodera carotae - (carrot cyst nematode).

    8. Heterodera cruciferae - (cabbage cyst nematode).

    9. Heterodera goettingiana - (pea cyst nematode).

    10. Heterodera zeae - (corn cyst nematode).

    11. Hoplolaimus columbus - (Columbia lance nematode).

    12. Longidorus africanus - (a needle nematode).

    13. Longidorus belondriodes - (a needle nematode).

    14. Meloidogyne chitwoodi - (Columbia root-knot nematode).

    15. Meloidogyne citri - (a citrus root-knot nematode).

    16. Meloidogyne fujianenis - (citrus root-knot nematode).

    17. Meloidogyne naasi - (cereal root-knot nematode).

    18. Nacobbus aberrans - (false root-knot nematode).

    19. Pratylenchus convallariae - (a lesion nematode).

    20. Pratylenchus crenatus - (a lesion nematode).

    21. Pratylenchus goodeyi - (a lesion nematode).

    22. Xiphinema brevicolle - (a dagger nematode).

    23. Xiphinema bricolensis - (a dagger nematode).

    24. Xiphinema californicum - (a dagger nematode).

    25. Xiphinema diversicaudatum - (a dagger nematode).

    26. Xiphinema index - (California dagger nematode).

    27. Xiphinema insigne - (a dagger nematode).

    28. Xiphinema vuittenezi - (a dagger nematode).

    29. Zygotylenchus spp. - ( a lesion nematode).

    (2) Plant pests of limited distribution in the Sstate of Florida. Plants and plant products found infested or infected with or exposed to a plant pest of limited distribution in the state shall be subject to immediate quarantine action and will not be eligible for certification until treated as prescribed by the department and released from quarantine. An Agreement for Treatment, Destruction, Forfeiture or Return of Plant and/or Plant Parts, FDACS-08029, revised 9/16, will be completed on all shipments requiring regulatory action. An Agreement for Chemical Treatment, DACS-08081, revised 04/08, may be required for plants and plant products requiring treatment. Agreement for Chemical Treatment form, DACS-08081, revised 04/08, is supplied by the division for this purpose and is hereby adopted and incorporated herein by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, Florida 32614-7100. The following are examples of plant pests that would require immediate quarantine action:

    (a) Arthropods Insects.

    1. Aleurodicus rugioperculatus - gumbo limbo whitefly

    2.1 Aulacaspis yasumatsui - (Asian cycad scale)

    3.2 Diaphorina citri - (Asian citrus psyllid).

    4.3 Diaprepes abbreviatus - (diaprepes root weevil).

    5. Duponchelia fovealis - European pepper moth

    6.4 Maconellicoccus hirsutus - (pink mealybug).

    7.5 Metamasius callizona - (bromeliad weevil).

    8.6 Metamasius hemipterus - (palm and sugarcane weevil).

    9.7 Morganella longispina - (plumose scale) (scale insect).

    10.8 Myllocerus undecimpustulatus undatus - (weevil).

    11. Nipaecoccus viridis - Lebbeck mealybug

    12. Noctua pronuba - large yellow underwing

    13.9 Oligonychus persae - (avocado mite).

    14.10 Opuntiaspis spp. - (scale insect).

    15.11 Paratachardina pseudolobata lobata - (lobate lac scale).

    16.12 Parlatoria ziziphi - (black parlatoria scale).

    17. Phalacrococcus howertoni - Howerton’s scale

    18.13 Philephedra spp. - (scale insect).

    19.14 Phoenicococcus marlatti - (red date scale).

    20.15 Raoiella indica - (red palm mite).

    21.16 Singhiella simplex - (ficus whitefly).

    22.17 Vinsonia stellifera - (stellate scale).

    23.18 Xyleborus glabratus - (red bay ambrosia beetle)

    (b) Diseases.

    1. Agrobacterium tumefaciens - (crown gall).

    2. Cucumber green mottle mosaic virus.

    3. Cucurbit leaf crumple begemovirus.

    4. Cucurbit yellow stunting disorder crinivirus.

    5. Guignardia citricarpa - citrus black spot

    6. Huanglongbing - citrus greening

    7.5 Lethal yellowing of palms.

    8.6 Pepino mosaic virus.

    9.7 Phomopsis gardeniae - (gardenia canker).

    10.8 Phytophthora tropicalis.

    11.9 Puccinia pelargonii – zonalis - (geranium rust).

    12.10 Sphaceloma poinsettiae - (poinsettia scab).

    13.11 Texas phoenix palm decline phytoplasma.

    14.12 Tomato yellow leaf curl viruses - (all in the complex).

    15. Xanthomonas axonopodis pv. citri - citrus canker

    (c) Mollusks (snails).

    1. Otala lactea - (milk snail).

    2. Zachrysia provisoria - (Cuban land snail).

    (d) Nematodes.

    1. Meloidogyne enterlobii - Guava root-knot nematode

    2. Tylenchulus semipenetrans - a citrus nematode

    (3) Common Plant Pests. All nursery stock and other plants and plant products found infested or infected with a common plant pest shall be subject to immediate quarantine action when the population of the plant pest is adversely affecting the plant or plant product. The plant or plant product will not be eligible for certification until treated as prescribed by the department and released from quarantine. An Agreement  for Treatment, Destruction, Forfeiture, or Return of Plants and/or Plant Parts, FDACS-08029, revised 9/16, will be completed on all shipments requiring regulatory action. An Agreement for Chemical Treatment, DACS-08081, revised 04/08, may be required for plants and plant products requiring treatment. 

    Rulemaking Specific Authority 570.07(23), 581.031(4), 581.101 FS. Law Implemented 581.031(7), (9), 581.083, 581.101 FS. History–New 4-1-97, Amended 6-12-00, 10-8-03, 9-24-08,                                          .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith; (352)395-4628

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Issue 42/188; 09/27/2016

Document Information

Comments Open:
10/5/2016
Summary:
This proposal is to update regulatory requirements; fruit fly host lists; quarantined pests, diseases, and organisms lists; referenced materials; and to correct grammar.
Purpose:
The purpose of this rulemaking is to update regulatory requirements for shipments entering Florida, to update the preferred host list of fruit flies, and to update list of pests, diseases, and organisms requiring immediate quarantine action on incoming shipments. The outcome of these revisions will allow the department to better protect Florida’s agricultural industries.
Rulemaking Authority:
570.07(23), 581.031(1),(4),(5), F.S.
Law:
570.07, 581.011, 581.031, (7), (9), (15), (19), (20), 581.101, 581.141, 581.182, 581.211, F.S.
Contact:
Dr. Greg Hodges; (352) 395-4627
Related Rules: (6)
5B-3.001. Definitions
5B-3.002. Purpose
5B-3.003. Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products
5B-3.0032. Requirements for the International Movement of Plants and Plant Products
5B-3.0035. Restrictions on Host Fruit of Fruit Flies
More ...