The purpose of the proposed action is to amend Rules 5E-4.003 and 5E-4.004, F.A.C., to reclassify Nutgrass, cyperus rotundus, and Tropical Soda Apple, solanum viarum, from the status of prohibited noxious weed seed to restricted noxious weed seed. ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-4.003: Noxious Weed Seed
5E-4.0041: Disposition of Seed Contaminated with Noxious Weed Seed
PURPOSE AND EFFECT: The purpose of the proposed action is to amend Rules 5E-4.003 and 5E-4.004, F.A.C., to reclassify Nutgrass, cyperus rotundus, and Tropical Soda Apple, solanum viarum, from the status of prohibited noxious weed seed to restricted noxious weed seed. The proposed modifications will allow Florida grown seed lots, predominately bahiagrass and aeschymomene, found by laboratory analysis to contain a maximum of one Tropical Soda Apple seed per pound to be relabeled to explicit standards and sold only in Florida. The rule modification will also permit the sale of peanut seed lots found to be contaminated with nutgrass at a rate of one seed per pound. These modifications will provide the Florida seedsmen an option other than destruction thereby reducing the economic hardship to Florida’s seed industry.
SUMMARY: The proposed rule action will amend Rules 5E-4.003 and 5E-4.004, F.A.C., to reclassify Nutgrass, cyperus rotundus, and Tropical Soda Apple, solanum viarum, from the status of prohibited noxious weed seed to restricted noxious weed seed. The proposed modifications will allow Florida grown seed lots, predominately bahiagrass and aeschymomene, found by laboratory analysis to contain a maximum of one Tropical Soda Apple seed per pound to be relabeled to explicit standards and sold only in Florida. This rule modification will also permit the sale of peanut seed lots found to be contaminated with nutgrass at a rate of one seed per pound. These modifications will provide the Florida seedsmen an option other than destruction thereby reducing the economic hardship to Florida’s seed industry. It should be noted the requirements for destruction of seed lots that fail two consecutive attempts to reprocess will change. It will no longer be required that incineration or burial have to be in a solid waste disposal facility that has been permitted or is exempt from permit under Rule 62-701.320, F.A.C., Solid Waste Management Facilities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 570.07(23), 578.11(2) FS.
LAW IMPLEMENTED: 578.11(3), 578.12 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Weldon Collier, Chief of the Bureau of Feed, Seed, and Fertilizer, 3125 Conner Boulevard, Lab #7, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-4.003 Noxious Weed Seed.

(1) Prohibited noxious weed seed shall include:

(a) Bindweed (Convolvolus arvensis)	None per pound
(b) Nutgrass (Cyperus rotundus)	None per pound
(b)(c) Serrated tussock (Nassella trichotomal)	None per pound
(d) Tropical soda apple (Solanum viarum)	None per pound
(c)(e) Benghal dayflower (Commelina benghalensis)	None per pound
(2) Restricted noxious weed seed shall include:
(a) Annual bluegrass (Poa annua)	1,000 per pound
(b) Balloonvine (Cardiospermum halicacabum)	4 per pound
(c) Bermudagrass (Cynodon spp.)	300 per pound
(d) Blessed thistle (Cnicus benedictus)	9 per pound
(e) Buckhorn plantain (Plantago lanceolata)	100 per pound
(f) Canada thistle (Cirsium arvense)	100 per pound
(g) Cheat or Chess (Bromus secalinus, and/or commutatus)	300 per pound
(h) Cocklebur (Xanthium spp.)	4 per pound
(i) Corncockle (Agrostemma githago)	100 per pound
(j) Crotalaria
1. Crotalaria spectabilis	9 per pound
2. Crotalaria mucronata (Striata)	54 per pound
(k) Darnel (Lolium temulentum)	100 per pound
(l) Docks (Rumex crispus, obtusifolius and conglo meratus)	100 per pound
(m) Dodders (Cuscuta spp.)	100 per pound
(n) Horsenettle and Nightshades (Solanum carolinense and/or	100 per pound
elaeagnifolium)
(o) Johnson grass and Sorghum almum (Sorghum halepense and/or	27 per pound
almum)
(p) Nutgrass (Cyperus rotundus)	1 per pound
(q)(p) Quack grass (Agropyron repens)	100 per pound
(r)(q) Red rice (Oryza sativa)	300 per pound
(s)(r) Sheep sorrel (Rumex acetosella)	200 per pound
(t) Tropical soda apple (Solanum viarum)	1 per pound
(u)(s) Texas millet (Panicum texanum) Buffalograss	9 per pound
(v)(t) Wild onions (Allium spp.)	27 per pound
(w)(u) Wild radish (Raphanus raphanistrum)	27 per pound
(x)(v) Wild turnip or mustard (Brassica spp.)	27 per pound

 

(3) The total amount of all restricted noxious weed seed shall not exceed three hundred (300) per pound exclusive of Annual bluegrass.

Specific Authority 570.07(23), 578.11(2) FS. Law Implemented 578.11(3), 578.12 FS. History–Amended 5-30-63, 8-22-68, 9-29-83, Formerly 5E-4.03, Amended 8-6-89, 11-14-04,__________.

 

5E-4.0041 Disposition of Seed Contaminated with Noxious Weed Seed.

(1) Seed lots containing one or more of the noxious weed seeds listed in Rule 5E-4.003, F.A.C., and found by the department to be in violation of Section 578.13, Florida Statutes, and which have been placed under stop-sale, stop-use, removal, or hold order, shall not be further subdivided or renumbered such that the integrity of the lot for identification and further inspection and testing is maintained. Within 30 days of receipt of the stop-sale, stop-use, removal, or hold order issued by the department, the owner of the seed lot shall arrange for the relabeling, reprocessing, or destruction through incineration or burial of the seed to a depth of at least 3 feet for a period of at least one year in a solid waste disposal facility for which a permit has been issued or that is exempt from the permit requirement as specified under Rule 62-701.320, F.A.C. (Effective 5-27-01), Solid Waste Management Facilities.

(2) Seed lots which have been reprocessed shall be re-inspected and re-tested by the department to determine if the violation of Section 578.13, Florida Statutes, has been corrected. If, after subsequent inspection and testing, the violation of Section 578.13, Florida Statutes, has not been corrected, the department shall issue a release (Release Notice Form DACS-13248 Rev 07/08), for the lot under stop-sale, stop-use, removal, or hold order and the seed lot may be sold and distributed upon relabeling. If, after two consecutive attempts to reprocess the seed lot, the seed lot continues to contain excessive one or more of the noxious weed seeds as listed in Rule 5E-4.003, F.A.C., the seed lot under stop-sale, stop-use, removal, or hold order shall be destroyed by incineration or burial to a depth of at least three feet for a period of at least 1 year in a solid waste disposal facility for which a permit has been issued or that is exempt from the permit requirement as specified under Rule 62-701.320, F.A.C. (Effective 5-27-01), Solid Waste Management Facilities. If none of the noxious weed seeds listed in Rule 5E-4.003, F.A.C., are detected during subsequent inspection and testing, the department shall issue a release for the lot under stop-sale, stop-use, removal, or hold order and the seed lot may be sold and distributed. Upon release of the stop-sale, stop-use, removal, or hold order, the seed lot may be further subdivided or assigned one or more new lot numbers.

(3) Any seed lot found to contain the restricted noxious weed seed Tropical Soda Apple, solanum viarum, at a rate of one seed per pound shall be labeled, in addition to the requirements listed in Section 578.09, Florida Statutes, with the following information:

(a) Included on the label “Noxious

Weed Seed…….......1 Tropical Soda Apple per pound;

(b) Plainly printed in red ink affixed in a permanent manner on the container in a size 16 font: “Seed in this container has been determined by laboratory analysis to be contaminated with the noxious weed Tropical Soda Apple at a rate of one seed per pound. This seed is only for distribution, sale, or planting within the State of Florida. Purchaser of this seed should follow the recommendations in the document SS-AGR-130 “Management Practices to Control Tropical Soda Apple” to prevent the establishment and spread of this noxious weed. Copies of this document can be obtained at your local UF/IFAS Extension Offices or found online at http://edis.ifas.ufl.edu/UW188.”

(c) Documentation (such as delivery ticket or invoice) of sale or distribution of seed lots labeled to contain one tropical soda apple seed per pound shall be submitted to the Department’s Seed Compliance Section immediately upon subsequent movement or distribution of seed.

(d) The IFAS document SS-AGR-130 “Management Practices to Control Tropical Soda Apple” is hereby adopted and incoorperated by reference and can be found on-line at http://edis.ifas.ufl.edu/UW188.

Specific Authority 570.07(23), 578.11(2) FS. Law Implemented 578.11(3), 578.12 FS. History–Amended 5-30-63, 8-22-68, 9-29-83, Formerly 5E-4.03, Amended 8-6-89, 11-14-04,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Weldon Collier
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Anderson “Andy” Rackley
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 4, 2008