Subsection 5B-65.005(7)(b), F.A.C., provides an exemption from the certification provisions of the rule for wood products transported into Florida from contiguous states that are transported to a processing facility in Florida. The purpose of this ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Plant Industry

RULE NO.:RULE TITLE:
5B-65.005Movement of Regulated Articles
PURPOSE AND EFFECT: Paragraph 5B-65.005(7)(b), F.A.C., provides an exemption from the certification provisions of the rule for wood products transported into Florida from contiguous states that are transported to a processing facility in Florida. The purpose of this rulemaking is to add language to exempt intrastate transport and other minor revisions. After adoption, primary and secondary forest products that originate in Florida and are transported for processing at mills and plants within the state are exempt from the requirements of the rule.
SUMMARY: Exemption of intrastate transport of wood products that are transported to a processing facility within the state.
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 the fact that the proposed rule provides an exemption that will decrease regulatory costs. 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), (7) FS.
LAW IMPLEMENTED: 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (9), (20) 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. Wayne Dixon, Assistant Director, Division of Plant Industry, FL Dept. of Agriculture and Consumer Services, PO Box 147100, Gainesville, FL 32614-7100

THE FULL TEXT OF THE PROPOSED RULE IS:

5B-65.005 Movement of Regulated Articles.

(1) In order to prevent the introduction and spread of nuisance pests and diseases listed in Rules 5B-65.003 and 5B-65.004, F.A.C., the movement of commercial shipments of regulated articles into the state is prohibited except under a Master Permit (Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 01/12 06/09) issued by the Department. Such permit will stipulate the conditions under which the regulated articles can be moved into the state. The Master Permit for Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 01/12 06/09, is incorporated herein by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, by writing to P. O. Box 147100, Gainesville, FL 32614-7100 or from the following website: http://www.flrules.org/Gateway/reference.  The Master Permit will require all shippers of regulated articles to be under compliance with the state of origin’s plant regulatory organization. A Compliance Agreement issued under a Master Permit shall indicate the requirements for inspections and/or treatments. Only heat, fumigation, or chemical treatments in accordance with the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine Treatment Manual (Rev. 09/2008 06/2012), Treatment Schedules T312 – Oak Logs and Lumber and T314 – Logs and Firewood, shall be required in the compliance agreement. The Treatment Schedules are herein incorporated by reference and may be obtained from the following website: http://www.flrules.org/Gateway/reference http://www.aphis.usda.gov/import_export/plants/manuals/ports/treatment.shtml.

(2) Any shipment of firewood or unprocessed wood products found infested or infected with a wood boring or wood inhabiting pest or plant disease pathogen listed in Rule 5B-65.003 or 5B-65.004, F.A.C., shall be quarantined and returned to the shipper or producer or destroyed by the Department at the expense of the shipper. Infested or infected regulated articles will be placed under Stop Sale Notice and Hold Order FDACS-08016, Rev. 2/10.  FDACS Form 08016, Rev. 2/10 is hereby incorporated by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, by writing to P. O. Box 147100, Gainesville, FL 32614-7100 or from the following website: http://www.flrules.org/Gateway/reference. Commercial shipments entering the state through the Department’s agricultural interdiction stations without certification of compliance with the Master Permit of the state of origin shall be issued a Report of Plant and Plant Material in Transit Interdiction Stations, FDACS Form 08003, Rev. 5/10. FDACS Form 08003, Rev. 5/10 is incorporated herein by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, by writing to P. O. Box 147100, Gainesville, FL 32614-7100 or from the following website: http://www.flrules.org/Gateway/reference. Non-commercial shipments entering the state through the Department’s agricultural interdiction stations without certification will be allowed entry only when issued and accompanied by a Report of Non-Commercial (Homeowner) Plants or Firewood Without Certification in Transit from Other States FDACS-08105, Rev. 11/10 06/09, issued at the station.  FDACS form 08105, Rev. 11/10 06/09, is incorporated herein by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, by writing to P. O. Box 147100, Gainesville, FL 32614-7100 or from the following website: http://www.flrules.org/Gateway/reference. Commercial shippers found in violation of the rule will be suspended from shipping under the master permit issued with the state of origin. The suspension shall remain in effect until the Department of Agriculture of the state of origin has notified the Division of Plant Industry in writing that the shipper is in compliance with all requirements for treatment of firewood or unprocessed wood products.

(3) No change.

(4) Prior to the intrastate movement of commercial shipments of firewood or unprocessed wood products, the owner of the articles must submit FDACS 08459, Rev. 08/10 06/09, Compliance Agreement for Firewood and Unprocessed Wood Products Movement Within the State of Florida to the Division of Plant Industry unless exempted in subsection (7). The form Compliance Agreement for Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 08/10 06/09, is incorporated herein by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, by writing to P. O. Box 147100, Gainesville, FL 32614-7100 or from the following website: http://www.flrules.org/Gateway/reference.

(5) through (7)(a) No change.

(b) Primary and secondary forest products (including saw logs, saw timber, chip-n-saw, sawdust, veneer logs, pulpwood, wood for pallets, pole wood, dead pine distillate wood, pellets and chips) originating from Florida or states contiguous to Florida and transported for processing at mills and plants (including pulp/paper mills, saw mills, plywood plants, OSB plants, pole plants, mulch plants, and biomass plants).

(c) No change.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (9), (20) FS. History–New 8-10-10, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Gaskalla, Director, Division of Plant Industry, FL Dept. of Agriculture and Consumer Services, PO Box 147100, Gainesville, FL 32614-7100

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 19, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 9, 2012