reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5A-16 - AGRICULTURAL VEHICLE INSPECTION › Section 5A-16.005 - Commercial Carrier Pre-clearance Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Based upon prior approval by the
				Department, trucking concerns and truck lines may participate in the Commercial
				Carrier Pre-clearance Program for the purpose of transporting goods without
				being regularly required to stop at the Department's agricultural inspection
				stations for physical inspection.
(2) Qualifying trucking concerns and truck
				lines may apply to the Department requesting approval to participate in the
				Commercial Carrier Pre-clearance Program by acquiring from and submitting a
				completed Commercial Carrier Pre-clearance Program application form number
				DACS-01281 (effective 7/04) to the Office of Agricultural Law Enforcement, Post
				Office Box 850, Old Town, Florida 32680.
(3) Approval to participate in the Commercial
				Carrier Pre-clearance Program will be granted only to those trucking concerns
				and truck lines that meet the following criteria:
(a) Applicant must be verified by the Florida
				Department of Revenue as being exempt from or enrolled and actively
				participating in the Florida Department of Revenue's Electronic Bill of Lading
				Program;
(b) Applicant must be a
				recognized trucking concern or truck line engaged primarily in the
				transportation of commodities other than commodities over which the Department
				exercises regulatory authority. Applications received from trucking concerns
				and truck lines that routinely or regularly transport agricultural products,
				horticultural products, aquaculture, products derived from aquaculture,
				livestock, products derived from livestock, or other commodities over which the
				Department exercises regulatory authority will be denied;
(c) Applicant must agree to allow any
				department representative to inspect the cargo, regular manifest and/or other
				billing of all vehicles participating in the Commercial Carrier Pre-clearance
				Program at all Florida terminals or drop sites any time during hours of
				operation, should the Department wish to check such cargo and/or
				billing;
(d) Applicant must agree
				that each and every truck shipment which contains or includes agricultural
				products, horticultural products, aquaculture, products derived from
				aquaculture, livestock, products derived from livestock, or other commodities
				over which the Department exercises regulatory authority will voluntarily stop
				at all agricultural inspection stations and declare such commodities even
				though pre-clearance approval is received.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5A-17 - AGRICULTURAL LAND ACKNOWLEDGMENT › Section 5A-17.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The definitions contained in Section
				  163.3163, F.S., and the
				  following shall apply:
(1) Act - means
				Section 163.3163, F.S., the Agricultural
				Land Acknowledgement Act.
(2) Local
				land use permit - means Development Permit as defined in Section
				163.3164(16),
				F.S.
(3) Legal Description of
				Contiguous Sustainable Agricultural Land - means the property appraiser's
				parcel identification number or a description of land for use in legal
				instruments for conveyance of property rights.
(4) Legal Description of Nonagricultural Land
				Contiguous to Sustainable Agricultural land - means a description of land for
				use in legal instruments for conveyance of property
				rights.
Rulemaking Authority 163.3163, 570.07(23) FS. Law
					 Implemented 163.3163 FS.
New 8-15-13.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5A-17 - AGRICULTURAL LAND ACKNOWLEDGMENT › Section 5A-17.002 - Acknowledgment Requirements

Current through Reg. 50, No. 138; July 16, 2024
In addition to the requirements of Section
				  163.3163, F.S., the following
				  shall apply:
(1) The applicant shall
				be responsible for recording the required acknowledgement pursuant to the
				Act.
(2) If an acknowledgement
				required by the Act was previously recorded, that includes the applicant's
				property, a subsequent acknowledgement is not required and the requirements of
				the Act are satisfied.
Rulemaking Authority 163.3163, 570.07(23) FS. Law
					 Implemented 163.3163 FS.
New 8-15-13.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5A-18 - URBAN AGRICULTURE › Section 5A-18.001 - Urban Agriculture Pilot Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				604.73, F.S., the Department may
				approve five municipalities to establish urban agricultural pilot projects. The
				definitions provided in Section
				604.73, F.S. shall apply to this
				rule.
(2) A municipality seeking to
				establish an urban agriculture pilot project must submit to the Department a
				proposal that contains the following information:
(a) Proof that the municipality has a
				population of 250, 000 people or more.
(b) A narrative description of the proposed
				pilot project, including the project location, farm products to be cultivated,
				community involvement, anticipated outcomes, nutrition and water use,
				fertilization management, and procedures to ensure that only noncommercial
				agriculture will be conducted under the pilot project.
(c) The name and contact information for the
				person who is responsible for oversight of the pilot
				project.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5AER-24 - Emergency Rule for Year 2024 › Section 5AER24-1 - Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				570.822, F.S., the Agriculture
				and Aquaculture Producers Natural Disaster Recovery Loan Program (Program) is
				established within the Department of Agriculture and Consumer Services
				(Department). The Program will be managed by the Department as a revolving loan
				fund to make loans to agriculture and aquaculture producers that experienced
				damage or destruction from a declared natural disaster. These loan funds shall
				only be used to restore, repair, or replace essential physical property or
				remove vegetative debris from essential physical property. The definitions in
				s. 570.822, F.S., shall apply to
				this rule.
(2) Application Process.
(a) Following a Declared Natural Disaster,
				the Department will notice the opening of an application period for the
				Program.
(b) Applicants shall meet
				all eligibility criteria provided in s.
				570.822(3),
				F.S.
(c) Eligible applicants shall
				submit an application through
https://disasterloan.fdacs.gov
.
(d) Applicants shall submit all documentation
				and information as required in the Agriculture and Aquaculture Producers
				Natural Disaster Recovery Loan Application, FDACS-01421 (01/24), which is
				hereby adopted and incorporated by reference. The form is also available for
				review at
https://www.fdacs.gov/Forms
.
(e) An applicant seeking to use loan funds
				for purposes authorized by the Program on leased lands must provide
				authorization from the landowner as part of the application process using the
				Owner's Authorized Representative form within the Agriculture and Aquaculture
				Producers Natural Disaster Recovery Loan Application, FDACS-01421
				(01/24).
(f) Prior to approval or
				denial of an application, the Department or its third-party administrator may
				request that an applicant amend or supplement its application with additional
				documentation or information.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5AER-24 - Emergency Rule for Year 2024 › Section 5AER24-3 - Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				570.822, F.S., the Agriculture
				and Aquaculture Producers Natural Disaster Recovery Loan Program (Program) is
				established within the Department of Agriculture and Consumer Services
				(Department). The Program will be managed by the Department as a revolving loan
				fund to make loans to agriculture and aquaculture producers that experienced
				damage or destruction from a declared natural disaster. These loan funds shall
				only be used to restore, repair, or replace essential physical property or
				remove vegetative debris from essential physical property. The definitions in
				s. 570.822, F.S., shall apply to
				this rule.
(2) Application Process.
(a) Following a Declared Natural Disaster,
				the Department will notice the opening of an application period for the
				Program.
(b) Applicants shall meet
				all eligibility criteria provided in s.
				570.822(3),
				F.S.
(c) Eligible applicants shall
				submit an application through
https://disasterloan.fdacs.gov
.
(d) Applicants shall submit all documentation
				and information as required in the Agriculture and Aquaculture Producers
				Natural Disaster Recovery Loan Application, FDACS-01421 (01/23/24), which is
				hereby adopted and incorporated by reference. The form is also available for
				review at
https://www.fdacs.gov/Forms
.
(e) An applicant seeking to use loan funds
				for purposes authorized by the Program on leased lands must provide
				authorization from the landowner as part of the application process using the
				Owner's Authorized Representative form within the Agriculture and Aquaculture
				Producers Natural Disaster Recovery Loan Application, FDACS-01421
				(01/23/24).
(f) Prior to approval
				or denial of an application, the Department or its third-party administrator
				may request that an applicant amend or supplement its application with
				additional documentation or information.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5A - Division of Administration › Chapter 5AER-24 - Emergency Rule for Year 2024 › Section 5AER24-7 - Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				570.822, F.S., the Agriculture
				and Aquaculture Producers Natural Disaster Recovery Loan Program (Program) is
				established within the Department of Agriculture and Consumer Services
				(Department). The Program will be managed by the Department as a revolving loan
				fund to make loans to agriculture and aquaculture producers that experienced
				damage or destruction from a declared natural disaster. These loan funds shall
				only be used to restore, repair, or replace essential physical property or
				remove vegetative debris from essential physical property. The definitions in
				s. 570.822, F.S., shall apply to
				this rule.
(2) Application Process.
(a) Following a Declared Natural Disaster,
				the Department will notice the opening of an application period for the
				Program.
(b) Applicants shall meet
				all eligibility criteria provided in s.
				570.822(3),
				F.S.
(c) Eligible applicants shall
				submit an application through
https://disasterloan.fdacs.gov
.
(d) Applicants shall submit all documentation
				and information as required in the Agriculture and Aquaculture Producers
				Natural Disaster Recovery Loan Application, FDACS-01421 (06/24), which is
				hereby adopted and incorporated by reference. The form is also available for
				review at
https://www.fdacs.gov/Forms
.
(e) An applicant seeking to use loan funds
				for purposes authorized by the Program on leased lands must provide
				authorization from the landowner as part of the application process using the
				Owner's Authorized Representative form within the Agriculture and Aquaculture
				Producers Natural Disaster Recovery Loan Application, FDACS-01421
				(06/24).
(f) Prior to approval or
				denial of an application, the Department or its third-party administrator may
				request that an applicant amend or supplement its application with additional
				documentation or information.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-1 - PLANTS, GENERALLY › Section 5B-1.001 - Prohibition of Movement of Infested Plants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented
					 581.031 FS.
New 12-31-74, Formerly 5B-1.01, Repealed
					 6-14-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-1 - PLANTS, GENERALLY › Section 5B-1.002 - Sale of Plants Entered in Violation of Rules Prohibited (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented
					 581.083 FS.
New 12-31-74, Formerly 5B-1.02, Repealed
					 6-14-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-1 - PLANTS, GENERALLY › Section 5B-1.003 - Posting of Infested or Infected Properties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented
					 581.031 FS.
New 12-31-74, Formerly 5B-1.03, Repealed
					 6-14-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-1 - PLANTS, GENERALLY › Section 5B-1.004 - Review of Rules with the Commissioner of Agriculture (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented
					 581.061 FS.
New 12-31-74, Formerly 5B-1.04, Repealed
					 3-30-78.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-1 - PLANTS, GENERALLY › Section 5B-1.005 - Inspection of Nursery Stock or Articles

Current through Reg. 50, No. 138; July 16, 2024
The Department shall inspect, take samples, and perform tests
				  on nursery stock or any other articles of plants or plant products to determine
				  freedom from specific plant pests and to certify or register the stock or
				  articles. The department's fee for such services shall be the mileage, at the
				  prevailing state mileage rate, and $35 per hour, per inspector, from the time
				  of arrival to the time of departure, with a minimum charge of $35 for each
				  inspector.
Rulemaking Authority 570.07(23), 581.031(5), (14)(d) FS.
					 Law Implemented 570.07(23), 581.031(5), (14)(d)
					 FS.
New 4-9-96.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.001 - Definitions and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purpose
				of this chapter, the definitions in Section
				581.011, F.S., and the following
				definitions shall apply:
(a) Balled and
				burlapped. A term used to describe a horticultural practice whereby plants are
				extracted from the soil with a portion of the roots and the growing medium
				intact forming the ball. The ball is wrapped with burlap or other materials
				appropriate for supporting the ball during handling.
(b) Bare-root. Plants with roots from which
				the growing medium in which it was grown has been removed.
(c) Certified turfgrass. Turfgrass produced
				for purposes of ornamental ground cover by an individual who has requested
				certification in order to comply with plant quarantine restrictions or
				phytosanitary requirements. Pasture or forage grasses are specifically excluded
				from this definition.
(d) Container
				nursery stock. Plants established in growing media contained in containers such
				as clay pots, plastic pots, or cans.
(e) Exposed. Subject to infestation because
				of proximity to or contact with a plant pest.
(f) Limited distribution. A pest found in a
				geographic area or county, but not throughout the entire state.
(g) Location. A nursery, stock dealer, plant
				broker or agent offering nursery stock for sale or distribution under the
				control of a parent organization, corporation, partnership, personal business,
				cooperative, or other legal business entity.
(h) Regulatory significance. For the purpose
				of this rule chapter, this term will have the same meaning as the term 'plant
				pest' which is defined in Section
				581.011(26),
				F.S., as any living stage of any insects, mites, nematodes, slugs, snails,
				protozoa, or other invertebrate animals, bacteria, fungi, other parasitic
				plants or their reproductive parts, or viruses, or any organisms similar to or
				allied with any of the foregoing, including any genetically engineered
				organisms, or any infectious substances which can directly or indirectly injure
				or cause disease or damage in any plants or plant parts or any processed,
				manufactured, or other plant products.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.0011 - Referenced Material

Current through Reg. 50, No. 138; July 16, 2024
The following documents are herby adopted and incorporated by
				  reference. These documents may be obtained by writing to the Florida Department
				  of Agriculture and Consumer Services, Division of Plant Industry, Bureau of
				  Plant and apiary Inspection, P.O. Box 147100, Gainesville, Florida 32614-7100,
				  or online as indicated.
(1) Form FDACS
				08004, Revised 11/15, Application For Certificate of Registration,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06668
.
(2) Form FDACS 08006, Revised 11/15, Annual
				Nursery Registration Fee Notice,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06669
.
(3) Form FDACS 08011, Revised 11/15, General
				Nursery Stock Inspection Certificate,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06670
.
(4) Form FDACS 08022, Revised 11/15, Annual
				Stock Dealer And Registration Fee Notice,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06671
.
(5) Form FDACS 08077, Revised 11/15, Nematode
				Report,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06672
.
(6) Form FDACS 08078, Revised 11/15, Botany
				Specimen Report,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06673
.
(7) Form FDACS 08086, Revised 11/15, Request
				For Authorization To Print Certificates Of Inspection,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06674
.
(8) Form FDACS 08161, Revised 11/15,
				Caribbean Fruit Fly Protocol Program Application For Participation,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06675
.
(9) Form FDACS 08222, Revised 11/15, Special
				Inspection Certificate Receipt,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06676
.
(10) Form FDACS 08233, Revised 11/15,
				Caribbean Fruit Fly Certification Program Establishment Of McPhail Traps,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06677
.
(11) Form FDACS 08270, Revised 11/15,
				Consolidation Declaration For Florida Nursery Stock Destined To Texas Or
				Louisiana,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06678
.
(12) Form FDACS 08400, Revised 11/15,
				Specimen Submission Form,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06679
.
(13) Form FDACS 08429, Revised 11/15, Plant
				Pathology Specimen Report,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06680
.
(14) Form FDACS 08472, Revised 11/15,
				Texas/Louisiana Stock Dealer Compliance Agreement,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06681
.
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS.
					 Law Implemented 581.031, 581.083, 581.121, 581.131, 581.141
					 FS.
New 6-15-81, Amended 10-28-85, Formerly
					 5B-2.011, Amended 5-17-92,
					 5-8-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.0025 - Certification and Quarantine of Nursery Stock

Current through Reg. 50, No. 138; July 16, 2024
(1) Plant pests of regulatory significance
				requiring immediate quarantine action. All nursery stock found to be infested
				or infected with or exposed to a plant pest not known to be established in the
				state will be quarantined, placed under stop sale using a Hold Order And
				Quarantine, FDACS 08016, Revised 02/10, as incorporated by reference in Rule
				5B-65.005, F.A.C., and will not
				be eligible for certification until the plant pest has been eliminated and
				released from quarantine and stop sale by the Department.
(2) Plant pests of limited distribution in
				Florida requiring immediate quarantine action. All nursery stock found infested
				or infected with or exposed to a plant pest of limited distribution in Florida,
				including the listed species below shall be quarantined and placed under stop
				sale using a Stop Sale Notice and Hold Order and will not be eligible for
				certification until the plant pest has been eliminated and released from
				quarantine and stop sale by the Department.
(a) Insects.
1.
Aleurodicus
				rugioperculatus
- gumbo limbo whitefly
2.
Aulacaspis yasumatsui
-
				Asian cycad scale
3.
Ceroplastes stellifer
- stellate scale
4.
Diaphorina citri
- Asian
				citrus psyllid
5.
Diaprepes
				abbreviatus
- diaprepes root weevil
6.
Duponchelia fovealis
-
				European pepper moth
7.
Maconellicoccus hirsutus
- pink mealybug
8.
Metamasius callizona
-
				bromeliad weevil
9.
Metamasuis hemipterus
- palm and sugarcane weevil
10.
Morganella longispina
-
				plumose scale
11.
Myllocerus undatus
- Myllocerus weevil
12.
Noctua pronuba
- large
				yellow underwing
13.
Oligonychus persae
- avocado mite
14.
Opuntiaspis spp.
- scale
				insect
15.
Paratachardina
				lobata
- lobate lac scale
16.
Parlatoria ziziphi
-
				black parlatoria scale insect
17.
Phalacrococcus howertoni
- Howerton's scale
18.
Philephedra sp.
- scale
				insect
19.
Phoenicococcus
				marlatti
- red date scale
20.
Raoiella indica
- red
				palm mite
21.
Singhiella
				simplex
- ficus whitefly
22.
Xyleborus glabratus
-
				redbay ambrosia beetle
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.003 - Filing Certificates of Registration with Other States (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (3), (5) FS.
					 Law Implemented 581.031(9), (23) FS.
New 12-31-74, Amended 6-15-81, Formerly 5B-2.03, Repealed
					 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.004 - Certificates of Inspection

Current through Reg. 50, No. 138; July 16, 2024
Any person registered with the division as a nursery, stock
				  dealer, or plant broker, or any person obtaining inspection services from the
				  division shall apply for authorization to print, or have printed, certificates
				  of inspection. A Request For Authorization To Print Certificates Of Inspection,
				  FDACS-08086, Revised 11/15, is supplied by the division for this purpose and is
				  incorporated in Rule 5B-2.0011, F.A.C. Upon approval
				  of the application, the division will authorize reproduction of designated
				  quantities of certificates by the applicant. These certificates may be
				  imprinted on waybills, bills of lading, separately, or as rubber stamps. The
				  cost of reproduction is solely that of the registrant and shall in no way be
				  considered the responsibility of the division. The division may revoke or
				  suspend certificates for non-compliance, whereupon at the request of the
				  division all certificates and rubber stamps previously approved by the division
				  shall be relinquished to the division. Special Inspection Certificate Receipt,
				  FDACS-08222, Revised 11/15, incorporated in Rule
				  5B-2.0011, F.A.C., shall be
				  completed on all certificates and rubber stamps that are relinquished to the
				  division.
(1) General nursery stock
				inspection certificate shall be required:
(a)
				On each movement or shipment of nursery stock intended for resale within the
				state;
(b) On all nursery stock
				moving out of state;
(c) On every
				separate package, bundle, box, container, or individual shipment of nursery
				stock shipped by mail, express, common carrier, etc., whether in-state or
				out-of-state;
(d) For citrus
				nursery stock sold or distributed directly to Florida consumers for use as
				ornamental or dooryard plantings. A General Nursery Stock Inspection
				Certificate, FDACS-08011, Revised 11/15, as incorporated by reference in Rule
				5B-2.0011, F.A.C., must be
				attached to each plant or container.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.005 - Citrus Nursery Stock Inspection Certificate (Tag) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (3), (4), (5)
					 FS. Law Implemented 581.031(21), 581.131, 581.182
					 FS.
New 5-20-67, Repromgulated 12-31-74, Amended 6-15-81,
					 10-28-85, Formerly 5B-2.05, Amended 5-17-92, Repealed
					 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.006 - Grading and Labeling of Nursery Stock (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (3) FS. Law
					 Implemented 581.031(2), (3) FS.
New 12-20-63, Repromgulated 12-31-74, Amended 6-15-81,
					 Formerly 5B-2.06, Repealed 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.007 - Revocation and Suspension of Certification of Registration and Certificate of Inspection (Tag) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1) FS. Law
					 Implemented 581.031(11), 581.141 FS.
New 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.07,
					 Repealed 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.008 - Record of Movement of Nursery Stock or Plant Material Under Inspection

Current through Reg. 50, No. 138; July 16, 2024
The owners, officers, and employees of any nursery, stock
				  dealer, or plant broker, or any person who has in his possession plants or
				  plant products infested or infected, or exposed to infestation or infection,
				  with any plant pest deemed to be of quarantine significance by the department
				  or which has been determined to be infested or infected, shall, on demand of
				  the division, furnish a list of all movements of plants or plant products from
				  or to said nursery, stock dealer, plant broker, or establishment from any date
				  set by the division up to and including the date of such demand. Said list
				  shall show the names and addresses of all purchasers, consignors, consignees,
				  and a complete description of the stock included in each and every
				  shipment.
Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law
					 Implemented 581.031(19) FS.
Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly
					 5B-2.08, Amended 5-17-92, 5-8-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.009 - Viability of Nursery Plants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (2), (3) FS.
					 Law Implemented 581.142 FS.
New 6-20-64, Repromulgated 12-31-74, Amended 6-15-81,
					 10-28-85, Formerly 5B-2.09, Repealed
					 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.011 - Nursery Stock Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031 FS. Law
					 Implemented 581.031(4), (5) FS.
New 4-3-83, Amended 10-28-85, Formerly 5B-2.11, Repealed
					 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-2 - FLORIDA NURSERY STOCK AND CERTIFICATION FEE › Section 5B-2.012 - Penalties for Violations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031 FS. Law
					 Implemented 581.041, 581.211 FS.
New 10-28-85, Formerly 5B-2.12, Repealed
					 6-7-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-3 - PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS › Section 5B-3.001 - Definitions and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purpose
				of this chapter, the definitions in Section
				581.011, F.S., and the following
				definitions shall apply:
(a) Agricultural
				inspection station. An official inspection station operated by the department
				to assist in monitoring the intrastate and interstate movement of agricultural
				commodities.
(b) House plants.
				Plants commonly known and recognized as house plants, grown or intended to be
				grown indoors which may be included as part of a passenger's baggage or
				household effects.
(c) Interstate
				movement. Movement into Florida from another state, U.S. possession or
				territory.
(d) International
				movement. Movement into Florida from any country or area outside the United
				States.
(e) Shippers. The producer
				or firm where the pest-infested plant or plant products originated.
(f) Sugarcane. All species of the genus
Saccharum
and all species of its close relatives
Imperata, Miscanthidium, Miscanthus, Rapidium, Erianthus
,
Sorghum
and all hybrids, selections, varieties or clones
				thereof.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-3 - PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS › Section 5B-3.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS.
					 Law Implemented 570.07, 570.32, 581.031, 581.141, 581.182, 581.211
					 FS.
Repromulgated 12-31-74, Formerly 5B-3.02, Amended 3-16-92,
					 4-1-97, Repealed 2-26-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-3 - PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS › Section 5B-3.003 - Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products

Current through Reg. 50, No. 138; July 16, 2024
Any person, nurseryman, stock dealer, agent, or plant broker
				  doing business outside the State of Florida who desires to ship into this state
				  nursery stock and other plants and plant products from any state, U.S.
				  possession, territory, or district of the United States, shall comply with the
				  following regulations:
(1) If shipping
				nursery stock, the nurseryman, stock dealer, agent, or plant broker must be
				registered with the department of agriculture of the state where such nursery
				stock originated and listed in that state's directory of registered or
				certified nurseries, agents, stock dealers, and plant brokers.
(2) For nursery stock, a valid certificate of
				inspection issued by the state of origin must be attached to and readily
				visible on each separate package, bundle, box, or shipment of nursery stock
				shipped into Florida. The certificate of inspection shall certify that the
				nursery stock is apparently free of plant pests and is in compliance with the
				rules of the department.
(3) All
				commercial shipments of nursery stock or other plants and plant products
				entering Florida by road are required to stop at an agricultural inspection
				station where they will be screened for proper certification and subject to
				cargo inspection by the department. Each shipment shall be accompanied with a
				bill of lading or other documentation which contains the following information:
(a) Name and address of shipper or
				consignor;
(b) Name and physical
				address of receiver or consignee;
(c) Description of plants or plant products
				in shipment;
(d) Place and state of
				origin;
(e) Ultimate destination of
				shipment if different than receiver or consignee.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-3 - PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS › Section 5B-3.0032 - Requirements for the International Movement of Plants and Plant Products

Current through Reg. 50, No. 138; July 16, 2024
(1) All shipments of international origin
				plants and plant products entering Florida by road are required to stop at an
				agricultural inspection station where they will be screened for proper
				certification and subject to cargo inspection by the department.
(2) All shipments of international origin
				plants and plant products shall be accompanied with a bill of lading or other
				valid documentation which contains, at least, the following information:
(a) Name and physical address of the shipper
				or consignor;
(b) Name and physical
				address of receiver or consignee;
(c) Description of plants or plant products
				in shipment;
(d) Place and country
				of origin;
(e) Ultimate destination
				of shipment if different than receiver or consignee.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-3 - PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS › Section 5B-3.004 - Entry of Authorized Representatives (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-.35, 581.031 FS. Law
					 Implemented 581.031(9), (20) FS.
Repromulated 12-31-74, Formerly 5B-4.01, Repealed
					 4-4-83.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-3 - PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS › Section 5B-3.005 - Penalties for Violation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-.35, 581.031 FS. Law
					 Implemented 581.031(9), (20) FS.
Repromulated 12-31-74, Formerly 5B-4.01, Repealed
					 4-4-83.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.001 - Oak Wilt Disease Hosts Prohibited Entry (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.32-.35, 581.031 FS. Law
					 Implemented 581.031 FS.
Repromgulated 12-31-74, Formerly 5B-26.01, Repealed
					 10-18-90.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of this chapter, the definitions in Section
				  581.011, F.S., and the following
				  definitions shall apply:
(1)
				Certificate. An official document stipulating compliance with the requirements
				of the department.
(2) Exposed.
				Subjected to oak wilt disease infestation because of proximity to or contact
				with oak wilt disease.
(3) Host
				plant. An oak (Quercus spp.), chestnut (Castanea spp.), chinquapin (Castanea
				spp. or Castanopsis spp.) or tanbark oak (Lithocarpus densiflora) plant or part
				thereof or any other plant or part thereof which is capable of being infected
				or infested by oak wilt disease in any of its life stages.
(4) Infected. Actually harboring oak wilt
				disease.
(5) Infested Area. Any
				state, territory or country known to be infested with the oak wilt disease
				defined herein.
(6) International
				movement. Movement into Florida from any country or area outside the United
				States.
(7) Interstate movement.
				Movement into Florida from another state or U. S. possession.
(8) Intrastate movement. Movement within the
				state of Florida.
(9) Master
				permit. An official document issued by the director allowing entry of host
				plants from infested areas, defining the items being moved, and containing
				specific instructions regarding inspection, certification, and
				movement.
(10) Oak wilt disease. A
				fungal disease of oak (Quercus spp.), chestnut (Castanea spp.), chinquapin
				(Castanea spp. or Castanopsis spp.) and tanbark oak (Lithocarpus densiflora)
				cited by the organism, Ceratocystis fagacearum.
(11) Regulated area. Any area in such
				proximity to an infestation that it cannot be separated for quarantine purposes
				from an infestation.
(12) Regulated
				article. Any article, including but not limited to firewood with bark and
				unpeeled lumber, capable of transporting or harboring oak wilt
				disease.
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS.
					 Law Implemented 581.011, 581.031(6), (7), (17), 581.083, 581.101, 581.181
					 FS.
New 10-18-90.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.003 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to establish procedures to
				  prevent the introduction of oak wilt disease into and to prevent the spread of
				  oak wilt disease within the state, should the disease and/or its causal agent
				  (C. fagacearum) be inadvertently introduced.
Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7)
					 FS. Law Implemented 570.07(2), (13), 581.031(4), (5), 581.083
					 FS.
New 10-18-90.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.004 - Declaration of Oak Wilt Disease as a Plant Pest and Quarantine

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to section
				  581.031(6),
				  F.S., the oak wilt disease incited by Ceratocystis fagacearum is declared to be
				  a plant pest and a nuisance as well as any plant or other thing infested or
				  infected therewith or that has been exposed to infestation or infection and
				  therefore likely to communicate same. A quarantine is hereby established
				  against any state, territory, or country known to be infested with the oak wilt
				  disease defined herein.
Rulemaking Authority 570.07(23) FS. Law Implemented
					 581.031(6) FS.
New 10-18-90, Amended
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.005 - Declaration of Quarantine (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS.
					 Law Implemented 581.031(7) FS.
New 10-18-90, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.006 - Infested and Regulated Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) Infested
				areas. The following states in which oak wilt disease is known to be
				established, shall be known as infested areas.
(a) Arkansas.
(b) Illinois.
(c) Indiana.
(d) Iowa.
(e) Kansas.
(f) Kentucky.
(g) Maryland.
(h) Michigan.
(i) Minnesota.
(j) Missouri.
(k) Nebraska.
(l) New York.
(m) North Carolina.
(n) Ohio.
(o) Oklahoma.
(p) Pennsylvania.
(q) South Carolina.
(r) Tennessee.
(s) Texas.
(t) Virginia.
(u) West Virginia.
(v) Wisconsin.
(w) Any other state, territory or country
				where oak wilt disease as defined herein is determined to be
				established.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.007 - Interstate Movement

Current through Reg. 50, No. 138; July 16, 2024
(1) The movement of
				oak wilt disease or host plants into the state from an infested or regulated
				area is prohibited except by master permit (DACS-08047, Revised 11/99) issued
				by the director. Master Permit (DACS-08047, Revised 11/99) is incorporated in
				this rule by reference. Copies of the form may be obtained from the Division of
				Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100. Oak wilt
				disease or any host plant or part thereof may enter the state of Florida for
				research purposes provided prior written permission from the director is
				obtained.
(2) The movement of
				firewood with bark and unpeeled lumber into the state from an infested or
				regulated area is prohibited except by a certificate issued by an authorized
				representative of the state of origin. The certificate shall state that these
				regulated articles have been treated in a manner approved by the department to
				minimize risk of inadvertent introduction of oak wilt disease.
(3) Any host plant or part thereof, including
				regulated articles, found to be infected with or exposed to oak wilt shall be
				quarantined, returned to the shipper or destroyed at the discretion of the
				department, and acceptance of further shipment of host plants or parts thereof
				from the party found to be in violation of this chapter shall be suspended. The
				suspension shall remain in effect until the department of agriculture in the
				state of origin has notified the department in writing that the problem has
				been resolved.
(4) The destruction
				or return of an out-of-state shipment shall be at the expense of the shipper.
				Payment to the department for such expense is required before shipping can
				resume.
Rulemaking Authority 570.07(23), 581.031(4) FS. Law
					 Implemented 581.031(4), (15), (20), 581.083
					 FS.
New 10-18-90, Amended
					 6-12-00.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.008 - Intrastate Movement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(5) FS. Law
					 Implemented 581.031(5), (15), (20) FS.
New 10-18-90, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.009 - International Movement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(5) FS. Law
					 Implemented 581.031(5), (15), (20) FS.
New 10-18-90, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-26 - OAK WILT DISEASE › Section 5B-26.010 - Entry of Authorized Representatives (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS.
					 Law Implemented 581.07(2), (13), 581.031(15), (17)
					 FS.
New 10-18-90, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-33 - SEED POTATO PESTS › Section 5B-33.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 581.031, 570.07 FS. Law Implemented
					 581.031 FS.
New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.01,
					 Repealed 4-4-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-33 - SEED POTATO PESTS › Section 5B-33.002 - Sale of Seed Potatoes Restricted

Current through Reg. 50, No. 138; July 16, 2024
It shall be unlawful for any person, firm, association or
				  corporation to offer or expose for sale, or ship into this state, any potatoes
				  or parts thereof intended for propagation, except as prescribed herein, unless
				  specifically authorized by the department.
Rulemaking Authority 581.031, 570.07 FS. Law Implemented
					 581.031 FS.
New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.02,
					 Amended 4-4-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-33 - SEED POTATO PESTS › Section 5B-33.003 - Requirements for Sale

Current through Reg. 50, No. 138; July 16, 2024
(1) All potatoes to
				be sold for propagation in Florida must meet U.S. No. 1 seed potato
				requirements as set forth in the U.S. Standards for Grades of Potatoes,
				7 CFR
				51.1541, Edition 1-1-17, hereby incorporated
				by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09135
.
(2) All potatoes to be sold for seed in
				Florida must have been grown under a seed potato certification program of the
				state or country of origin, and each bag or bulk unit must be accompanied by a
				certificate issued by the agency administering the seed potato certification
				program.
(3) The department shall
				have the authority to open any shipment of seed potatoes for inspection, to
				draw a reasonable sample from any bag of seed potatoes for laboratory
				examination or for planting for field observation, and to request additional
				supporting certification documentation that verifies requirements outlined in
				subsection (2).
Rulemaking Authority 581.031, 570.07 FS. Law Implemented
					 581.031 FS.
New 3-15-69, Amended 5-1-73, Repromulgated 12-31-74,
					 Formerly 5B-33.03, Amended 4-4-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-33 - SEED POTATO PESTS › Section 5B-33.004 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 581.031, 570.07 FS. Law Implemented
					 581.031 FS.
New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.04,
					 Repealed 4-4-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-33 - SEED POTATO PESTS › Section 5B-33.005 - Disposition of Seed Potatoes Not Meeting Above Requirements

Current through Reg. 50, No. 138; July 16, 2024
Seed potatoes not meeting the requirements for propagation as
				  specified in rule Chapter 5B-33, F.A.C., will be destroyed or refused entry by
				  the department at the expense of the shipper.
Rulemaking Authority 581.031, 570.07 FS. Law Implemented
					 581.031 FS.
New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.05,
					 Amended 4-4-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-33 - SEED POTATO PESTS › Section 5B-33.006 - Seed Potato Advisory Committee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 581.031, 570.07 FS. Law Implemented
					 581.031 FS.
New 3-15-69, Amended 5-1-73, Repromulgated 12-31-74,
					 Formerly 5B-33.06, Repealed 4-4-18.