Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-4 - SEED: GENERALLY › Section 5E-4.0041 - Disposition of Seed Contaminated with Noxious Weed Seed

Current through Reg. 50, No. 138; July 16, 2024
(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, F.S., 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.
(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, F.S., has been
				corrected. If, after subsequent inspection and testing, the violation of
				Section 578.13, F.S., has been
				corrected, the department shall issue to the owner, the Department form
				entitled Release Notice (FDACS-13248, Rev. 08/10) 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,
				and the seed lot continues to contain excessive 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.
(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, F.S., 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 entitled SS-AGR-77
				"Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in
				Florida" (Revised February 2010) published by the University of Florida,
				Institute of Food and Agricultural Sciences, to prevent the establishment and
				spread of this noxious weed.
(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.