This rulemaking will add one additional pest to the plants with limited distribution in Florida which will require quarantine action by the department if found.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-3.0038Quarantine Action

PURPOSE AND EFFECT: This rulemaking will add one additional pest to the plants with limited distribution in Florida which will require quarantine action by the department if found.

SUMMARY: This rulemaking will add pink bollworm to the list of pests with limited distribution.

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 no additional expense is mandated for regulated agencies to uphold expected requirements (i.e., equipment or machinery). 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(4), 581.101, FS.

LAW IMPLEMENTED: 581.031(7), (9), 581.101, 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: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-3.0038 Quarantine Action.

(1) No change.

(2) Plant pests of limited distribution in the State 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. The following are examples of plant pests that would require immediate quarantine action:

(a) Arthropods

1. through 16. No change.

17. Pectinophora gossypiella – pink bollworm

17. through 23. renumbered 18. through 24. No change.

(b) through (d) No change.

(3) No change.

Rulemaking Authority 570.07(23), 581.031(4), 581.101 FS. Law Implemented 581.031(7), (9), 581.101 FS. History–New 4-1-97, Amended 6-12-00, 10-8-03, 9-24-08, 2-26-17,_____.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 18, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/21/2018