Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-66 - FRUIT FLY ERADICATION › Section 5B-66.004 - Movement or Possession of Hosts or Regulated Articles; Conditions of Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) Compliance
				agreements. The certification of handling, processing, treatment, and moving of
				Hosts and Regulated articles may be accomplished through the use of a
				compliance agreement. The Compliance Agreement Cooperative Fruit Fly
				Eradication Program, FDACS 08468, Rev. 05/20, and Compliance Agreement
				Cooperative Fruit Fly Eradication Program, Aerial Applicator, FDACS-08469, Rev.
				05/20, are incorporated herein by reference and samples are available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13534
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-13535
.
(2) It shall be unlawful for any person to
				move any Hosts of the Fruit fly species or Regulated articles within, into,
				through, or out of the quarantine area unless in compliance with this rule
				chapter and the movement practices have been certified by the Department or the
				USDA-APHIS-PPQ.
(3) Hosts or
				Regulated articles within a half-mile of a positive find may only be moved out
				of a quarantine area if processed with a post-harvest treatment (fumigation or
				irradiation); or application of a pre-harvest bait spray treatment and Fruit
				fly trap placement 30 days prior to harvest and monitoring throughout the
				harvest season with negative detection within the quarantine zone, but outside
				of the half-mile arc. Hosts or Regulated articles shall be certified by the
				Department for movement out of a quarantine area for commercial or distribution
				purposes following confirmation by the Department of either method above. After
				confirmation, the Department shall issue a Temporary Certificate of Inspection
				(FDACS-08010), Rev. 10/20, which is incorporated herein by reference and a
				sample is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13533
.
				Prior to movement of Hosts or Regulated articles, the method of treatment and
				location of the treatment facility must be documented in the "Additional
				Declarations" section of FDACS-08010. Interstate movement of Hosts or Regulated
				articles shall by governed by 7 CFR §
										301.32 - Subpart -
				Fruit Flies (§301.32 and §301.32-1 to §301.32-10, 1-1-20
				Edition) which is incorporated herein by reference and available at
www.govinfo.gov
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-13536
.
(4) Hosts or Regulated articles offered for
				sale or distribution within the quarantined area shall be certified only if
				placed under compliance by an authorized representative of the Department or
				USDA-APHIS-PPQ and certified that the following conditions have been met:
(a) The Hosts or Regulated articles have been
				received from outside the quarantine area. Vendors or shippers must have proof
				of origin in the form of written receipts or other documentation traveling with
				the Hosts or Regulated articles; and,
(b) The Hosts or regulated articles are kept
				in Fruit fly-proof screened enclosures or sealed containers, cold storage,
				fly-proof vehicles, or other enclosures to prevent infestation by a Fruit
				fly.