Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-65 - FIREWOOD AND UNPROCESSED WOOD PRODUCTS › Section 5B-65.005 - Movement of Regulated Articles

Current through Reg. 50, No. 138; July 16, 2024
(1) In order
				to prevent the introduction and spread of nuisance pests and diseases listed in
				Rules 5B-65.003 and
				5B-65.004, F.A.C., the movement
				of Commercial shipments of Regulated articles into the state is prohibited
				except under a Master Permit For Firewood and Unprocessed Wood Products,
				FDACS-08444, Rev. 10/20, which stipulates the conditions under which the
				Regulated articles can be moved into the state. The Master Permit for Firewood
				and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, is incorporated herein
				by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13552
.
				The Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev.
				10/20, will require all Shippers of Regulated articles to be under compliance
				with the state of origin's plant regulatory organization. A Compliance
				Agreement Firewood and Unprocessed Wood Products Movement Within the State of
				Florida, FDACS 08459, Rev. 10/20, incorporated in subsection
				5B-65.005(4),
				F.A.C., issued under a Master Permit For Firewood and Unprocessed Wood
				Products, FDACS-08444, Rev. 10/20, shall indicate the requirements for
				inspections and/or treatments. Only heat, fumigation, or chemical treatments in
				accordance with the United States Department of Agriculture, Animal and Plant
				Health Inspection Service, Plant Protection and Quarantine Treatment Manual,
				Rev. 07/20, Treatment Schedules T312 - Oak Logs and Lumber and T314 - Logs and
				Firewood, shall be required in the Compliance agreement. The Treatment
				Schedules are herein incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13554
.
(2) Any shipment of Regulated articles found
				Infested or Infected with a Wood boring pest, Wood inhabiting pest, Plant pest
				or Plant disease pathogen listed in Rule
				5B-65.003 or
				5B-65.004, F.A.C., shall be
				quarantined and returned to the Shipper or Producer or destroyed by the
				Department at the expense of the Shipper. Infested or Infected Regulated
				articles will be placed under Hold Order and Quarantine, FDACS-08016, Rev.
				02/15, which is incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13550
.
				Commercial shipments entering the state through the Department's agricultural
				interdiction stations without certification of compliance with the Master
				Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, of
				the state of origin shall be held until proper certification is received and
				issued an Interdiction Station Report of Plants and Plant Products in Transit,
				FDACS Form 08003, Rev. 01/21 which is incorporated herein by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13549
.
				Non-commercial shipments of Regulated articles entering the state through the
				Department's agricultural interdiction stations without certification will be
				allowed entry only when the Department issues an Interdiction Station Report of
				Non-Commercial Plants or Firewood Without Certification in Transit from Other
				States FDACS-08105, Rev. 05/20, which is incorporated herein by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13551
.
				Commercial shippers found in violation of the rule will be suspended from
				shipping under the Master Permit For Firewood and Unprocessed Wood Products,
				FDACS-08444, Rev. 10/20, issued with the state of origin. The suspension shall
				remain in effect until the Department of Agriculture of the state of origin has
				notified the Division of Plant Industry in writing that the Shipper is in
				compliance with all requirements for treatment of Regulated articles.
(3) The destruction or return of shipments in
				violation of this rule chapter shall be at the expense of the
				Shipper.
(4) Prior to the
				intrastate movement of Commercial shipments of Regulated articles, the owner of
				the articles must submit a Compliance Agreement Firewood and Unprocessed Wood
				Products Movement Within the State of Florida, FDACS-08459, Rev. 10/20, to the
				Division of Plant Industry unless exempted in subsection
				5B-65.005(7),
				F.A.C. The Compliance Agreement Firewood and Unprocessed Wood Products Movement
				Within the State of Florida, FDACS 08459, Rev. 10/20, is incorporated herein by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13553
.
(5) The importation or movement of
				non-certified, Commercial or non-commercial shipments of Regulated articles
				within or into the state is prohibited except as permitted in subsection
				5B-65.005(7),
				F.A.C.
(6) Cut Christmas trees may
				enter the state provided they are accompanied by a federal certificate required
				for movement from regulated areas of the United States or a certificate of
				inspection issued by the Department of Agriculture in the state of
				origin.
(7) Exemptions:
(a) Regulated articles harvested or produced
				within a 50-mile radius of the distribution point and not moved more than
				50-miles from the point of origin. Regulated articles from locations in states
				contiguous to Florida that are harvested or produced within 50 miles of a
				Florida distribution point may enter Florida for direct transport to the
				distribution point without a certificate if the Regulated articles are
				accompanied by a proper bill of lading, proof of origin, and any applicable
				federal certificates for shipments originating from a USDA-regulated area. No
				locally produced Firewood outside Miami-Dade County may enter Miami-Dade County
				unless treated and certified in accordance with Rule
				5B-65.005, F.A.C., by the
				Department.
(b) Primary and
				secondary forest products (including saw logs, saw timber, chip-n-saw, sawdust,
				veneer logs, pulpwood, wood for pallets, pole wood, dead pine distillate wood,
				pellets and chips) originating from Florida or states contiguous to Florida and
				transported for processing at mills and plants (including pulp/paper mills, saw
				mills, plywood plants, oriented strand board plants, pole plants, mulch plants,
				and biomass plants).
(c) Commercial
				shipments of processed mulch or processed wood chips for cooking destined for
				further distribution at retail outlets if the shipments are accompanied by
				proper bill of lading, proof of origin and any applicable federal certificates
				for shipments originating from a USDA-regulated area.
(d) Non-commercial shipments of Firewood
				entering the state for personal consumption will be allowed to enter under the
				condition that the Firewood will be consumed, burned, or destroyed as soon as
				possible and not be transported beyond the
				destination.