Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-43 - PHYTOPHAGOUS SNAILS AND SLUGS › Section 5B-43.005 - Movement of Regulated Articles

Current through Reg. 50, No. 138; July 16, 2024
The movement of plant-feeding snails as described in Rule
				  5B-43.003, F.A.C., or regulated
				  articles into the State of Florida from infested areas is prohibited unless
				  such shipments are made in accordance with the provisions of this chapter.
				  Plant-feeding snails may enter the State of Florida for research purposes by
				  prior special permission from the director.
(1) Provisions for movement into Florida of
				regulated articles associated with plant-feeding snails.
(a) Regulated articles from infested areas
				may enter Florida under a master permit issued by the director. The master
				permit shall grant permission to the state of origin department of agriculture
				to authorize firms to ship regulated articles into Florida subject to the
				requirements and conditions of the master permit; or
(b) Regulated articles from infested areas
				may enter Florida, provided each shipment is accompanied by a certificate
				issued by and bearing the signature of an authorized inspector of the state of
				origin, certifying that regulated articles contained in the shipment were
				inspected by an authorized inspector of the state of origin, and found to be
				free of plant-feeding snails as listed in Rule
				5B-43.003, F.A.C.
(c) Regulated articles, other than live plant
				material, originating from infested areas may enter Florida when:
1. Regulated articles are accompanied by a
				certificate issued by and bearing the signature of an authorized inspector of
				the state of origin, certifying that such regulated articles were inspected by
				an authorized inspector of the state of origin and found to be free from
				plant-feeding snails; or
2.
				Regulated articles are accompanied by a certificate issued by and bearing the
				signature of an authorized inspector of the state of origin, certifying that
				such regulated articles were treated as recommended by the USDA, APHIS, PPQ,
				treatment of plant-feeding snails.
(d) The movement of regulated articles from
				regulated areas is prohibited unless such shipments are in compliance with the
				provisions of paragraph
				5B-43.005(1)(a), (b) or
				(c), F.A.C.
(e) Shipments of regulated articles arriving
				in Florida in violation of this chapter shall be refused entry and returned to
				the shipper or destroyed at the discretion of the department. Shipments
				destroyed or returned out of state shall be at the expense of the shipper.
				Payment to the department for such expense shall be required before shipping
				can resume.
(f) Shipments of
				regulated articles certified as to the provisions of this chapter which enter
				Florida and are found to be infested with plant-feeding snails as listed in
				Rule 5B-43.003, F.A.C., shall be
				returned to the shipper or destroyed at the discretion of the division, and
				further shipments of regulated articles from the shipper who has been in
				violation of this chapter shall be refused entry into Florida for a period of
				time as specified in the master permit if applicable or 30 days for the first
				interception and 6 months for subsequent interceptions up to three, at which
				time suspension will be extended until the Florida Department of Agriculture
				and Consumer Services, Division of Plant Industry, and the state of origin
				department of agriculture agree shipping may resume. In addition, notification
				from the proper plant regulatory officials of the state of origin must be
				received by the division that the shipper has taken measures to prevent further
				shipments of plant-feeding snail infested regulated articles into the
				state.
(g) Destroying or returning
				a shipment out of state shall be at the expense of the shipper. Payment to the
				department for such expense shall be required before shipping can
				resume.
(h) Non-commercial
				shipments of house plants which are part of a passenger's baggage or household
				effects may enter the state provided each shipment is accompanied by a
				certificate issued by and bearing the signature of an authorized inspector of
				the state of origin, certifying that regulated articles contained in the
				shipment were inspected by an authorized inspector of the state of origin, and
				found to be free of plant-feeding snails as listed in Rule
				5B-43.003, F.A.C. Should the
				plants originate from a state that does not offer an inspection and
				certification service for house plants, the owner must be able to furnish the
				department a Florida address where the plants will be located. This information
				will enable the department to conduct a follow-up inspection if deemed
				necessary. If sufficient information is given, the plants will be allowed to
				proceed. A Report of Non-Certified Plants in Transit From the States of
				Arizona, California, Oregon, Texas, or Washington, DACS-08105, revised 3/99,
				shall be completed on each shipment that is allowed entry. Report of
				Non-Certified Plants in Transit From the States of Arizona, California, Oregon,
				Texas, or Washington form, DACS-08105, revised 3/99, is supplied by the
				division for this purpose and is incorporated herein by reference. Copies of
				DACS-08105, Report of Non-Certified Plants in Transit From the States of
				Arizona, California, Oregon, Texas, or Washington, may be obtained from the
				Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box
				147100, Gainesville, Florida 32614-7100.