Current through Reg. 50, No. 187; September 24, 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.
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS.
Law Implemented 581.031(20), 581.083
FS.
New 6-15-81, Amended 8-18-85, Formerly 5B-43.05, Amended
2-11-87, 3-28-00.