The purpose of this proposed rulemaking is to update departmental forms and amend the pest and disease pathogen lists to include pests and diseases recognized by the federal government.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-65.001Purpose

5B-65.002Definitions

5B-65.003Wood Boring Pests and Wood Inhabiting Pests that are Harmful to Florida Agriculture, Landscape Plants and Native Plants

5B-65.004Plant Disease Pathogens Infecting Firewood and Unprocesses Wood Products

5B-65.005Movement of Regulated Articles

PURPOSE AND EFFECT: The purpose of this proposed rulemaking is to update departmental forms and amend the pest and disease pathogen lists to include pests and diseases recognized by the federal government.

SUMMARY: Revisions to incorporated material; revisions of pest list to include Fiorinia externa (elongate hemlock scale) and Pityophthorus juglandis (walnut twig beetle) to Rule 5B-65.003; F.A.C. and to include Geosmithia morbida (a fungus) and Thousand Cankers Disease to 5B-65.004 F.A.C. Rule text for 5B-65.001, F.A.C. is being repealed and moved to 5B-65.002 F.A.C..

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.

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. Greg Hodges, P.O. Box 147100, Gainesville, FL 32614, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-65.001 Purpose.

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 History–New 8-10-10, Repealed         .

 

5B-65.002 Definitions and Purpose.

(1) For the purpose of this rule chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply:

(a)(1) Commercial sShipments. Shipments of Rregulated articles intended for public or private sale or distribution within the state.

(b)(2) Compliance aAgreement. An agreement, meeting the requirements of Rule subsection 5B-65.005(1), F.A.C., between a Shipper and the state of origin pursuant to the Master Permit for Firewood and Unprocessed Wood Products of the state of origin.

(3) through (5) reorganized (c) through (e) No change.

(f)(6) Master Permit for Firewood and Unprocessed Wood Products. A permit issued by the Ddepartment to the state of origin allowing the movement of Rregulated Aarticles into and within the state and specifying the conditions under which the regulated articles are allowed to be moved.

(g)(7) Plant dDisease pPathogen. Any organism that can infect plants and cause plant disease.

(h)(8) No change.

(i)(9) Regulated aArticles. Firewood or Uunprocessed Wwood Pproducts including palm products and cut Christmas trees.

(j)(10) Shippers. Individuals or companies responsible for sending or transporting Rregulated articles into or within the state.

(11) through (13) reorganized (k) through (m) No change.

(2) The purpose of this rule chapter is to establish procedures to prevent the introduction of Wood boring pests, Wood inhabiting pests, plant pests, and Plant disease pathogens into the state, and prevent the spread of these pests and disease pathogens within the state by regulating the movement of Firewood and Unprocessed Wood Products that can harbor Wood boring pests, Wood inhabiting pests, plant pests, and Plant disease pathogens.

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), (20) FS. History–New 8-10-10, Amended         .

 

5B-65.003 Wood Boring Pests, and Wood Inhabiting Pests, and Plant Pests that are Harmful to Florida Agriculture, Landscape Plants, and Native Plants.

The following Wwood boring pests, and Wwood inhabiting pests, and plant pests are harmful to Florida agriculture, landscape, and native plants. They are known to infest Ffirewood and other Uunprocessed wood products and can be transported through the movement of these products to areas where they can infest and damage live host trees and other plants. The following pests and are therefore considered to be a nuisance:

(1) Agrilus planipennis, emerald ash borer;

(2) Anoplophora glabripennis, Asian longhorned beetle;

(3) Bursaphelenchus cocophilus, red ring nematode;

(4) Dinapate wrighti, giant palm borer;

(5) Eriococcus lagerstroemiae, crape myrtle bark scale;

(6) Fiorinia externa, elongate hemlock scale;

(7)(5) Hylurgus ligniperda, red-haired pine bark beetle;

(8)(6) Hylurgops palliates, exotic bark beetle;

(9)(7) Metamasius hemipterus, silky cane weevil;

(10)(8) Orthotomicus erosus, Mediterranean pine engraver beetle;

(11) Pityophthorus juglandis, walnut twig beetle;

(12)(9) Rhynchophorus cruentatus, palmetto weevil;

(13)(10) Rhynchophorus ferrugineus, red palm weevil;

(14)(11) Rhynchophorus palmarum, American palm weevil;

(15)(12) Scaphoideus luteolus, whitebanded elm leafhopper;

(16)(13) Scolytus schevyrewi, banded elm bark beetle;

(17)(14) Sirex noctilio, Sirex woodwasp;

(18)(15) Tomicus piniperda, pine shoot beetle;

(19)(16) Xyleborus glabratus, redbay ambrosia beetle;

(20)(17)Xyleborus similis, ambrosia beetle.

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), (20) FS. History–New 8-10-10, Amended         .

 

5B-65.004 Plant Disease Pathogens Infecting Firewood and Unprocessed Wood Products.

Plant disease pathogens are harmful to Florida agriculture, landscape, and native plants. They Pathogens that cause the following plant diseases are known to infect Ffirewood and Uunprocessed Wwood Pproducts and can be transported through the movement of these products to areas where they can infect and damage live host trees and other plants. The following Plant disease pathogens and are therefore considered to be a nuisance:

(1) Canidatus Phytoplasma ulmi, elm yellows Nectria coccinea var fagiuata and N. galligena, beech bark disease;

(2) Ceratocystis fagacearum, oak wilt disease Discula destructiva, dogwood anthracnose;

(3) Discula destructiva, dogwood anthracnose Ophlstoma ulmi and O. novo-ulmi, Dutch elm disease;

(4) Geosmithia morbida, fungus, Thousand Cankers Disease;

(5)(4) Nectria coccinea var fagiuata and N. galligena, beech bark disease Candiatus Phytoplasma ulmi, elm yellows;

(6)(5) Ophlstoma ulmi and O. novo-ulmi, Dutch elm disease Raffaelea lauricola, laurel wilt disease;

(7)(6) Phytophthora ramorum, sudden oak death Ceratocystis fagacearum, oak wilt disease;

(8) Phytoplasma of palms;

(9)(7) Raffaelea lauricola, laurel wilt disease. Phytophthora ramorum, sudden oak death.

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), (20) FS. History–New 8-10-10, Amended         .

 

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 Ccommercial shipments of Rregulated articles into the state is prohibited except under a Master Permit (Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20,) issued by the Department. Such permit which will stipulates the conditions under which the Rregulated articles can be moved into the state. The Master Permit for Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20 01/12, is incorporated herein by reference and available at 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.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-02368. The Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, will require all Sshippers of Rregulated articles to be under compliance with the state of origin’s plant regulatory organization. A Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20, incorporated in Rule 5B-65.005(4), issued under a Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, 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. 07/20 05/2012), Treatment Schedules T312 – Oak Logs and Lumber and T314 – Logs and Firewood, shall be required in the Ccompliance agreement. The Treatment Schedules are herein incorporated by reference and available at may be obtained from the following website: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-02370.

(2) Any shipment of Regulated articles firewood or unprocessed wood products found Iinfested or Iinfected with a Wwood boring pest, or Wood inhabiting pest, plant pest or Pplant disease pathogen listed in Rules 5B-65.003 or 5B-65.004, F.A.C., shall be quarantined and returned to the Sshipper or Pproducer or destroyed by the Department at the expense of the Sshipper. Infested or Iinfected Rregulated articles will be placed under Hold Order and Quarantine Stop Sale Notice and Hold Order, FDACS-08016, Rev. 02/15, which is. FDACS 08016, Rev. 2/10 is hereby incorporated herein by reference and available at 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.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-02366. Commercial shipments entering the state through the Department’s agricultural interdiction stations without certification of compliance with the Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, of the state of origin shall be held until proper certification is received and issued an Interdiction Station Report of Plant and Plant Material in Transit Interdiction Stations, FDACS Form 08003, Rev. 05/20, 5/10. which FDACS Form 08003, Rev. 5/10 is incorporated herein by reference and available at 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.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-02365. Non-commercial shipments of Regulated articles entering the state through the Department’s agricultural interdiction stations without certification will be allowed entry only when the Department issues issued and accompanied by an Interdiction Station Report of Non-Commercial (Homeowner) Plants or Firewood Without Certification in Transit from Other States FDACS-08105, Rev. 05/20 11/10, which issued at the station. FDACS form 08105, Rev. 11/10, is incorporated herein by reference and available at 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.asp?No=Ref- http://www.flrules.org/Gateway/reference.asp?No=Ref-02367. Commercial shippers found in violation of the rule will be suspended from shipping under the Mmaster Ppermit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, 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 Sshipper is in compliance with all requirements for treatment of Regulated articles firewood or unprocessed wood products.

(3) The destruction or return of shipments in violation of this rule chapter shall be at the expense of the Sshipper.

(4) Prior to the intrastate movement of Ccommercial shipments of Regulated articles firewood or unprocessed wood products, the owner of the articles must submit a FDACS 08016

, Rev.01/13, Compliance Agreement for Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS-08459, Rev.10/20, to the Division of Plant Industry unless exempted in Rule 5B-65.005 subsection (7). The form Compliance Agreement for Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20 01/13, is incorporated herein by reference and available at 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.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-02369.

(5) The importation or movement of non-certified, Ccommercial or non-commercial shipments of Regulated articles firewood or unprocessed wood products within or into the state is prohibited except as permitted in Rule 5B-65.005 subsection (7).

(6) No change.

(7) Exemptions:

(a) Regulated articles Locally produced or harvested firewood or unprocessed wood products harvested or produced within a 50-mile radius of the distribution point and not moved more than 50-miles from the point of origin. Regulated articles from locations in states contiguous to Florida that are harvested or produced within 50 miles of a Florida distribution point may enter Florida for direct transport to the distribution point without a certificate if the Regulated articles are accompanied by a proper bill of lading, proof of origin, and any applicable federal certificates for shipments originating from a USDA-regulated area. No locally produced Ffirewood outside Miami-Dade County may enter Miami-Dade County unless treated and certified in accordance with Rule 5B-65.005, F.A.C., by the Department.

(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, oriented strand board OSB plants, pole plants, mulch plants, and biomass plants).

(c) No change.

(d) Non-commercial shipments of Firewood entering the state for personal consumption will be allowed to enter under the condition that the Firewood will be consumed, burned, or destroyed as soon as possible and not be transported beyond the destination.

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 4-4-13,         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nicole “Nikki” Fried, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 16, 2021