The proposed rule will clarify what is currently considered to be the suppressive area, update the practices of the Lettuce Advisory Committee, update reference to incorporated material.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-38.001Definitions

5B-38.002Notice of Quarantine

5B-38.004Movement of Regulated Articles

5B-38.005Suppressive Area Designation

5B-38.006Certification Requirements

5B-38.007Required Cultivation Practices

5B-38.009The Lettuce Advisory Committee

PURPOSE AND EFFECT: The proposed rule will clarify what is currently considered to be the suppressive area, update the practices of the Lettuce Advisory Committee, update reference to incorporated material.

SUMMARY: The proposed rule designates the entire state of Florida as the suppressive area, updates the Lettuce Advisory Committee to a divisional working group no longer appointed by the Commissioner, adds reference to FDACS-08208.

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 there are no anticipated fees associated with the revised rulemaking. 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(13), (23), 581.031, F.S.

LAW IMPLEMENTED: 581.031(4), (5), (6), (7), (23), (26), F.S.

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-38.001 follows.  See Florida Administrative Code for present text.

5B-38.001 Definitions.

For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply:

(1) “Lettuce” means plants and plant parts of Lactuca sativa.

(2) “Lettuce mosaic” means a seed-borne and insect-transmitted virus disease affecting lettuce.

(3) “Person” means individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(4) “Regulated article” means lettuce mosaic virus, lettuce seeds, and lettuce plants.

Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.01, Amended 5-25-93,                   .

5B-38.002 Notice of Quarantine.

Lettuce mosaic, a serious virus disease of lettuce, is declared a nuisance and a major economic threat to the production of commercial lettuce in Florida. This quarantine shall restrict the movement of regulated articles and require certain cultivation practices which will reduce the occurrence of lettuce mosaic in commercial lettuce growing areas within the state designated as suppressive areas.

Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), (7), 581.101 FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.02, Amended 5-25-93,              .

5B-38.004 Movement of Regulated Articles.

The movement of regulated articles into or within the state is prohibited when destined for planting or sale within the state a suppressive area unless the certification requirements set forth in Rule 5B-38.006, F.A.C., have been met.

Rulemaking Authority 570.07(13),(23) FS. Law Implemented 581.031(4), (5), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.04, Amended 5-25-93,                .

5B-38.005 Suppressive Area Designation.

The entire state of Florida Those areas of the state including all of Glades, Hendry, and Seminole counties, and portions of Lake, Martin, Orange, and Palm Beach counties where lettuce is commercially produced and where an attempt is being made to reduce the incidence of lettuce mosaic is are designated as the suppressive areas.

Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(5), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.05, Amended 5-25-93,                  .

5B-38.006 Certification Requirements.

(1) Lettuce seed intended for commercial use, being to be moved into, sold, or planted within the state in a suppressive area shall be certified as having been tested by a seed testing facility. Such certification shall be based on the negative testing results of seed tested from at least 30,000 seed from a designated seed lot; results must show 0.0 (zero) lettuce mosaic infested seed; certification stating “0 lettuce mosaic in 30,000 seed tested” shall be attached to, stamped on, or printed on the container in which the seed is marketed.

(2) Commercial lLettuce plants being to be moved into, sold, or planted within the state in a suppressive area must be produced from seed certified in accordance with subsection 5B-38.006(1), F.A.C.

(3) Exemptions Exceptions: Any person seeking an exemption desiring to plant lettuce plants or seed that do not meet the requirements of subsections (1) or (2) above, shall may apply for an Application and Permit to Move Organisms Regulated by the Stae of Florida, FDACS-08208, Rev. 01/13, incorporated by reference in Rule 5B-57.004, F.A.C. and may be obtained by emailing to [e-mail].  A sample is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. a special permit DACS-08043, Revised 10/99, to plant such seeds or plants. A written request on Section A of Form DACS-08043, revised 10/99, and incorporated into this rule by reference, shall be made to the department. In evaluating each request, the department shall consider the possible risks and benefits of the applicant’s proposed growing project. Compliance agreements, DACS-08031, revised 5/99, and incorporated into this rule by reference, may also be entered into which shall state any special conditions under which the exception is made. Copies of DACS-08043, Application For Exemption From Certified Lettuce Seed, revised 10/99, and DACS-08031, revised 5/99, may be obtained from the Division of Plant Industry, P. O. Box 147100, Gainesville, Florida 32614-7100.

Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (23), (26) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.06, Amended 5-25-93, 6-12-00,                  .

5B-38.007 Required Cultivation Practices.

Commercial lLettuce plantings must be destroyed by disking, plowing, or other means within 10 days of termination of final harvest from said planting.

Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(17) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.07, Amended 5-25-93,                 .

5B-38.009 The Lettuce Advisory Committee.

Rulemaking Authority 570.07(13), (23), 581.031, FS. Law Implemented 570.07(33), 581.031(4), (5), (6), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.09, Amended 5-25-93, Repealed.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 08/07/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/18/2023