To clarify the Department’s regulatory requirements for the Citrus Health Response Program; put into effect new requirements pertaining to the movement of citrus fruit between Florida and other states; incorporate new material; ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-63.001Citrus Health Response Program

PURPOSE AND EFFECT: To clarify the Department’s regulatory requirements for the Citrus Health Response Program; put into effect new requirements pertaining to the movement of citrus fruit between Florida and other states; incorporate new material; update federal and state incorporated material.

SUMMARY: To clarify regulations of the Citrus Health Response Program.

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. There is no fee being imposed, nor is there any requirement for industry stakeholders to purchase equipment to carry out regulatory requirements. 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(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), and 581.184, FS.

LAW IMPLEMENTED: 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), (26), 581.083, 581.101, 581.131, 581.141, 581.184, and 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, Assistant Director, P.O. Box 147100, Gainesville, FL, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 5B-63.001 follows.  See Florida Administrative Code for present text.

5B-63.001 Citrus Health Response Program.

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

(a) “abandoned grove” means a commercial citrus grove without production, care, or commercial harvesting activities, or has minimal or no production value, or is no longer economically viable as a commercial citrus grove.

(b) “Abandoned Grove Initiative” means a program developed to encourage removal of abandoned groves by offering growers property tax abatement as an incentive to remove their abandoned groves.

(c) “approved decontaminants” means products verified as effective by the Department and capable of decontaminating equipment and personnel of citrus black spot, citrus canker, or other organisms of regulatory significance.

(d) “approved landfill” means a facility permitted and designated as Class I by the Florida Department of Environmental Protection and designed for the disposal of waste to include citrus plant material that may be infected or contaminated by any organisms of regulatory significance.

(e) “Asian citrus psyllid” means the insect known as the Asian citrus psyllid, Diaphorina citri Kuwayama, classified in the order Homoptera, family Psyllidae, and all of its life stages.

(f) “budwood facility or citrus nursery” means a geographically distinct location where citrus nursery stock is produced for wholesale or retail sale, is held for movement to another location or is used within a citrus grove, or where citrus trees are maintained as sources of budwood or seed in order to propagate citrus nursery stock.

(g) “caretaker” means a person or company that has been contracted to provide production and/or management services of a commercial citrus grove.

(h) “citrus” means all plants, plant parts, and plant products, including seed and fruit, of all genera species, and varieties of the Rutaceous subfamilies Aurantiodeae, Rutoideae, and Toddalioidae, unless specifically excluded by the rules of the Department.

(i) “citrus black spot” means a fungal disease of citrus incited by the fungal organism Phyllosticta citricarpa (formally known as Guigardia citricarpa).

(j) “citrus canker” means a bacterial disease of citrus incited by the organism Xanthomonas citri subsp. citri (formerly known as Xanthomonas axonopodis pv. citri), Asian strain and Xanthomonas citri pv. aurantifolii.

(k) “citrus culls” means blemished or otherwise non-marketable fruit.

(l) “citrus greening” means a phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter asiaticus, Candidatus Liberibacter americanus, and Candidatus Liberibacter africanus (also known as huanglongbing, yellow dragon disease, or yellow shoot disease).

(m) “Citrus Health Response Program (CHRP)” means the successor program to the Citrus Canker Eradication Program, which is used to sustain the citrus industry, to maintain growers’ continued access to export markets, and to safeguard the other citrus producing areas against organisms of regulatory significance.

(n) “commercial citrus grove” means a solid set planting of 40 or more citrus trees, or any citrus planting from which fruit is marketed.

(o) “exposed” means determined by the Department to likely harbor citrus black spot or citrus canker bacteria, but not expressing visible symptoms or determined by the Department to likely harbor citrus greening bacteria or any other organism of regulatory significance because of proximity to infected plants or infected vectors of organisms of regulatory significance.

(p) “foundation tree” means a citrus tree owned and maintained by the Department in accordance with Rule 5B-62.014, F.A.C., to provide a source of budwood to nurseries, primarily for establishing scion and increase trees.

(q) “infected” means citrus trees harboring any organisms of regulatory significance as confirmed by diagnostic tests conducted in laboratories approved by the Department or the USDA.

(r) “multi-block” means a solid set planting of citrus trees that have been surveyed and mapped by the Citrus Health Response Program, is identified by a unique number, and is under compliance per the stipulation outlined in the Grower / Caretaker Compliance Agreement, FDACS-08316, Rev. 04/22.

(s) “regulated articles” means any article capable of transporting or harboring any organisms of regulatory significance.

(t) “regulatory significance” means the same as the term ‘plant pest’ which is defined in Section 581.011(26), F.S., as any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or plant parts or any processed, manufactured, or other plant products.

(2) Purpose.  The purpose of this rule is to manage the impact of organisms of regulatory significance in commercial citrus groves.  This rule sets forth regulated articles and regulates the movement of citrus nursery stock from pest-infested areas or those quarantined for citrus black spot.

(3) The following documents are incorporated herein by reference and are available online as indicated.

(a) Limited Permit for Harvesting Citrus Fruit with Leaves and Stems Attached, FDACS-08087, 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(b) Limited Permit for Harvesting Interstate Citrus Fruit, FDACS-08088, 04/22,  http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(c) Intrastate Packinghouse Compliance Agreement, FDACS-08089, 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(d) Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(e) Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(f) Citrus Fruit Harvesting Limited Permit, FDACS-08123,Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(g) Limited Permit for Citrus Waste Disposal Site, FDACS-08126, Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(h) Limited Permit, FDACS-08156, Rev. 04/22, http://flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(i) Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(j) Citrus Processor Compliance Agreement, FDACS-08356, Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(k) Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(l) Citrus Health Response Program Application for Participation, FDACS 08415, Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(m) Abandoned Grove Compliance Agreement, FDACS 08464, Rev. 04/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(n) Schedule 10, Information Resources, Rev. April 2022, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.

(o) Schedule 11, Approved Decontamination Products and Methods, Rev. April 2022, http://www.flrules.org/Gateway/reference.asp?No?=Ref-XXXXX.

(p) Schedule 12, Citrus Waste/Debris Shipment Log, Rev. April 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(4) Quarantine areas.

(a) State quarantines will be based upon a risk assessment that reviews the latest scientific information on the disease and vector, geographical area, site of production, treatments or control actions, surveys conducted, and confirmation of diagnostic tests conducted in laboratories approved by the Department or USDA.

(b) Any areas around a site where an infestation of citrus black spot is known to occur will also be quarantined due to their inseparability for quarantine enforcement purposes. The geographical boundaries of the quarantine area will be based on the potential of citrus black spot being present and will encompass only citrus black spot positive multi-blocks.  Affected businesses or residents will be notified in writing unless too numerous to contact individually. In those cases, the quarantine area will be published in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at https://FDACS.gov.

(c) The entire state of Florida is under a federal quarantine for citrus canker, citrus greening and the Asian citrus psyllid.

(5) Movement of regulated articles from or through a quarantine area.

(a) The movement or planting of citrus black spot host plants from or within a citrus black spot quarantine area is prohibited unless produced in compliance with Rule Chapter 5B-62, F.A.C.

(b) The movement of citrus fruit from a citrus black spot quarantine area must follow the guidelines outlined in the Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 04/22, Citrus Processor Compliance Agreement, FDACS-08356, Rev. 04/22, the Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 04/22, the Intrastate Packinghouse Compliance Agreement, FDACS-08089, 04/22, along with a Limited Permit, FDACS-08156, Rev. 04/22, if it accompanies the load.

(c) Details for handling citrus fruit and plant debris regarding citrus black spot may be found in Federal Orders DA-2012-09, Quarantine for Guignardia citricarpa Kiely, March 16, 2012, DA-2014-29, Expansion of Citrus Black Spot Regulated Area in Florida, June 3, 2014, and in State regulations as detailed in subsection (5). These federal orders are incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(d) Once citrus, other than fruit, is introduced into a citrus black spot quarantine area, it is considered exposed and shall not be moved within or out of the citrus black spot quarantine area.

(e) The movement of citrus fruit from a citrus canker quarantine area is governed by USDA regulations contained in 7 CFR §301.75, Subpart – Citrus Canker, Notice of Quarantine and Regulations, 1-1-21 Edition. There are no restrictions on citrus fruit movement from citrus greening quarantine areas.  See 7 CFR §301.76, Subpart – Citrus Greening and Asian Citrus Psyllid, 1-1-21 Edition, for restrictions on the interstate movement.  These federal regulations are incorporated herein by reference and available online at  http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and http://www.flrule.org/Gateway/reference.asp?No=Ref-XXXXX or www.govinfo.gov.

(f) Citrus culls, leaves, plant material, and debris cleaned from trailers, field boxes or bins, handled by packinghouses, and processing plants originating from a citrus black spot quarantine area must follow the guidelines under the Citrus Processor Compliance Agreement, FDACS 08356, Rev. 04/22, or USDA APHIS PPQ Form 519, Compliance Agreement, Sep 2012.  USDA APHIS PPQ Form 519 is incorporated herein by reference and available online at http://flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 04/22 is required for the disposal of quarantine material prior to commencement of any material movement.  Persons seeking a permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22.  Quarantine citrus waste may move under a Limited Permit, FDACS 08156, Rev. 04/22, or move under a valid Citrus Health Response Program compliance agreement.

(g) Citrus fruit, leaves, plant material, and debris originating from outside citrus black spot quarantine areas may be disposed of in an approved citrus waste disposal site and must follow the stipulations as outlined in the Limited Permit for Citrus Waste Disposal Site, FDACS-08126, Rev. 04/22.  Persons seeking the permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22.

(h) Movement of citrus tree material that will be mulched, chipped, compacted, or baled and utilized must follow the regulations contained in subsection (5).  When an organism of regulatory significance is detected in biomass materials, the Department may require special handling to prevent the spread of organisms of regulatory significance as determined by a risk assessment performed by the Department.  The risk assessment will be based upon the latest scientific research available on the organism of regulatory significance.

(i)The harvesting, mulching, treatment, movement, and processing of citrus tree material from a citrus black spot quarantine area is subject to restrictions contained herein.  Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 04/22 is required prior to commencement of any material movement.  Persons seeking a permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22. 

(6) Intrastate packinghouses outside of a citrus black spot quarantine area, and packing fruit not originating from a citrus black spot quarantine area is regulated as outlined in the Intrastate Packinghouse Compliance Agreement, FDACS-08089, 04/22.

(7) Regulated Areas.

(a) A regulated area, not to exceed a radius of one mile, is hereby established around the perimeter of certified citrus nurseries constructed on sites after April 1, 2006. A regulated area, not to exceed a radius of ten miles is hereby established around the perimeter of all sites on which foundation trees are maintained. The planting of citrus in these regulated areas is prohibited. Citrus plants within a regulated area that were planted prior to the establishment of the regulated area may remain unless they are determined to be infected or infested with any organism of regulatory significance.

(b) When an organism of regulatory significance is detected in a regulated area, the Department may require the removal of citrus trees in the regulated area if their presence will result in the spread of the organism of regulatory significance as determined by a risk assessment performed by the Department. The risk assessment will be based upon the following criteria:

1. Economic impact to the citrus industry and to the State of Florida;

2. The latest scientific research available on the organism of regulatory significance and vector; and,

3. Impact to the growers’, caretakers’, processors’, and packers’ ability to produce citrus and maintain the industry’s viability.

(c) The property owner shall be responsible for the removal of citrus trees if removal is required. Notice of the removal of citrus trees, by immediate final order, shall be provided to the owner of the property on which such trees are located. An immediate final order issued by the Department pursuant to this section shall notify the property owner that the citrus trees that are the subject of the immediate final order must be removed and destroyed unless the property owner, no later than 10 days after delivery of the immediate final order requests and obtains a stay of the immediate final order from the district court of appeal with jurisdiction to review such requests.

(8) All citrus grove owners or their assigned representatives, caretakers, harvesters, haulers, packers, and processors must sign the appropriate compliance agreements.

(9) Decontamination requirements. All citrus harvesters, intermediate handlers, grove owners, caretakers, packers, processors, and nurseries that grow, manage, harvest, handle, move, process, pack, or sell citrus plants, trees fruit culls, biomass, or debris, must decontaminate equipment, personnel, and regulated articles in accordance with applicable compliance agreements, and have approved decontaminants, on site at all times when in a citrus grove. Approved decontaminants are listed in Schedule 11, Approved Decontamination Products and Methods, Rev. August 2021. 

(10) Decontamination procedures.  Prior to entering a commercial citrus grove, all personnel, equipment, and regulated articles must be decontaminated in accordance with Schedule 11.

(11) Citrus grove surveys.

(a) Citrus grove owners and caretakers shall inspect each of their groves every 90 days.  If any organism of regulatory significance is found, the Department must be notified no later than the next business day. Failure to notify the Department that an organism of regulatory significance has been found is a violation of section 581.091, F.S., and this rule.

(b) Citrus growers seeking to ship citrus fruit to the European Union or other restricted markets must submit a completed Citrus Health Response Program Application for Participation, FDACS 08415, Rev. 04/22, to the local FDACS Citrus Health Response Program field office and ask for an inspection of the grower’s listed grove block(s). If said grove block(s) passes the required inspection of the restricted market, a Citrus Fruit Harvesting Limited Permit, FDACS 08123, Rev. 04/22, will be issued to the grower.

(c) Citrus growers seeking to move fruit to a packinghouse facility in the State of Georgia must submit a completed Citrus Health Response Program Application, FDACS 08415, Rev. 04/22, to the local FDACS Citrus Health Response Program field office and ask for an inspection of grower’s listed block(s).  If said grove block(s) passes inspection, a Citrus Fruit Harvesting Limited Permit, FDACS 08123, Rev. 04/22, will be issued to the grower.

(d) Growers and property owners are encouraged to participate in the FDACS Abandoned Grove Initiative.  Abandoned groves are known to organisms of regulatory significance and are considered agricultural nuisances.  Information on this initiative may be found in the Abandoned Grove Compliance Agreement, FDACS-08464, Rev. 04/22.

Rulemaking Authority 570.07(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), 581.184 FS. Law Implemented 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), 581.083, 581.101, 581.131, 581.141, 581.184, 581.211 FS. History–New 8-28-07, Amended 4-17-16,                  .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 06/03/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/09/2022