DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5B-63.001Citrus Health Response Program
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. 48 No. 117, June 16, 2022 issue of the Florida Administrative Register.
5B-63.001 Citrus Health Response Program
(1) through (2) No Change.
(3) The following documents are incorporated herein by reference and may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL, 32614-7100 or are available online as indicated.
(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, 0704/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.
(d) Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 0704/22, 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. 0704/22, 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. 0704/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.
(j) Citrus Processor Compliance Agreement, FDACS-08356, Rev. 0704/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.
(k) Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 0704/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.
(l) Citrus Health Response Program Application for Participation, FDACS 08415, Rev. 0704/22, http://www.flrules.gov/Gateway/reference.asp?No=Ref-XXXXX.
(m) Abandoned Grove Compliance Agreement, FDACS 08464, Rev. 0704/22, 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) No Change.
(5) Movement of regulated articles from or through a quarantine area.
(a) No Change.
(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. 07/04/22, Citrus Processor Compliance Agreement, FDACS-08356, Rev. 0704/22, the Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 0704/22, the Intrastate Packinghouse Compliance Agreement, FDACS-08089, 0704/22, 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 may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL, 32614-7100 or available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.
(d) No Change.
(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 may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL, 32614-7100 or 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. 0704/22, or USDA APHIS PPQ Form 519, Compliance Agreement, Sep 2012. USDA APHIS PPQ Form 519 is incorporated herein by reference and may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL, 32614-7100 or available online at http://flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 0704/22 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. 0704/22. Persons seeking the permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22.
(h) No Change.
(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, 0704/22 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, 0704/22.
(7) through (8) No Change.
(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. April 2022 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) No Change.
(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. 0704/22, 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. 0704/22, 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. 0704/22.
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, .
