Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5B - Division of Plant Industry
Chapter 5B-52 - PESTS OF COTTON
Section 5B-52.001 - Definitions and Purpose
Universal Citation: FL Admin Code R 5B-52.001
Current through Reg. 50, No. 187; September 24, 2024
(1) For the purpose of this rule chapter, the following definitions shall apply:
(a) Agent. Any person selling or distributing
cotton or other regulated articles under the partial or full control of a
commercial cotton grower.
(b)
Authorized representative. Any designated employee, inspector, or collaborator
of the division or the United States Department of Agriculture.
(c) Boll weevil. The insect known as boll
weevil, Anthonomus grandis (Bohman), is a Plant pest of
cotton, classified in the order Coleoptera, family Curculionidae, and all of
its life stages.
(d) Boll weevil
certificate. An official document issued or approved by the Department
stipulating compliance with the requirements of this rule.
(e) Commercial cotton grower. A person who is
engaged in and has an economic risk in the business of producing, or causing to
be produced, cotton for market.
(f)
Cotton. All members of the genus Gossypium in the family Malvaceae, including
any parts thereof.
(g) Department.
The Florida Department of Agriculture and Consumer Services.
(h) Division. The Division of Plant
Industry.
(i) Eradication zone. A
geographical area designated by the department for the purpose of eradicating
boll weevil.
(j) Exposed. Subject
to Plant pests of cotton because of location to or contact with Plant pests of
cotton.
(k) Foundation. A nonprofit
organization comprised of Florida cotton growers known as the Boll Weevil
Eradication Foundation of Florida, Inc. (BWEFF) which was established to
provide guidance and assist in policy decisions during an eradication
program.
(l) Infested. Actually
harboring Plant pests of cotton.
(m) Interstate movement. Movement from
Florida to another state or from another state to Florida.
(n) Intrastate movement. Movement within the
state of Florida.
(o) Kenaf. The
plant known as African Hibiscus, Hibiscus cannabinus and
including any parts thereof.
(p)
Limited permit. An official document allowing the movement of specific
regulated articles to a specific location for treatment, special handling, or
utilization.
(q) Noncommercial or
volunteer cotton. Cotton intended for purposes other than processing.
(r) Pink Bollworm. The insect known as pink
bollworm, Pectinophora gossypiella (Saunders), is a Plant pest
of cotton, classified in the order Lepidoptera, family Gelechiidae, and all of
its life stages.
(s) Plant pest of
cotton. 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 Cotton or Kenaf plants or their plant
parts.
(t) Regulated area. Florida
or any portion thereof including any county, precinct, city, and other minor
civil division designated by order of the Department as an area regulated due
to the presence of Plant pests of cotton.
(u) Regulated articles. Any article including
but not limited to cotton plants, Kenaf plants, seed cotton, gin trash, and
equipment capable of transporting or harboring Plant pests of cotton.
(v) Shipment or shipments. The products to be
transferred or moved, or the act or process of transferring or moving products
from one point to another.
(w)
Southeastern Boll Weevil Eradication Foundation, Inc. A nonprofit organization
comprised of cotton growers and state plant regulatory officials representing
all cotton-growing states in the Southeastern United States. The Southeastern
Boll Weevil Eradication Foundation, Inc. was established to provide guidance to
the state foundations and conduct the eradication of the Boll weevil throughout
the cotton-growing areas of the Southeastern United States.
(x) Suppressive area. An area where an
attempt is being made to contain and control Plant pests of
cotton.
(2) The purpose of this rule chapter is to establish procedures for the production of Regulated articles within the State of Florida, to establish per-acre annual assessments for the offsetting of program costs, to provide procedures for the collection of such assessments, to specify conditions under which Regulated articles may be produced, and to provide penalties for violations of this rule.
Rulemaking Authority 570.07(23), 581.031 (4), (5), (6), (7), (8), 593.103(1), (2) FS. Law Implemented 581.031, 581.101, 593.102, 593.103(1), (2) FS.
New 12-21-87, Amended 6-20-00, 11-2-20.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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