Definitions, Movement of Regulated Articles

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-65.002Definitions

5B-65.005Movement of Regulated Articles

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 87, May 5, 2021 issue of the Florida Administrative Register.

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) No change.

(b) Compliance agreement. An agreement, meeting the requirements of Rule 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.

(c) through (j) reorganized (b) through (i) No change.

(j)(k) Unprocessed wood products.  Bark, trunks, limbs, stumps or other woody plant material that results from yard waste, tree trimming, tree removal including wood, incorporated into the construction of furniture, handicrafts, planting containers or other products that have not been treated, processed or finished to eliminate Pplant disease pathogens, Wwood boring pests, and Wwood inhabiting pests as defined in subsections 5B-65.002(1)(f)(7), (k)(12), and (l)(l3), F.A.C.

(l) through (m)  reorganized (k) through (l) No change.

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

 

5B-65.005 Movement of Regulated Articles.

(1) No change.

(2) Any shipment of Regulated articles found Infested or Infected with a Wood boring pest, Wood inhabiting pest, Pplant pest or Plant disease pathogen listed in Rules 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 Hold Order and Quarantine, FDACS-08016, Rev. 02/15, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. 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 Plants and Plant Products Material in Transit, FDACS Form 08003, Rev. 05/20, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. 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 an Interdiction Station Report of Non-Commercial Plants or Firewood Without Certification in Transit from Other States FDACS-08105, Rev. 05/20, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Commercial shippers found in violation of the rule will be suspended from shipping under the Master Permit 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 Shipper is in compliance with all requirements for treatment of Regulated articles.

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

(4) Prior to the intrastate movement of Commercial shipments of Regulated articles, the owner of the articles must submit a 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(7). The Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20, is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(5) through (7) 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 4-4-13,         .