Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions.
For the purpose of this rule, the definitions in sections
1.01,
500.03,
570.02,
677.102, and
581.011, F.S., and the following
definitions shall apply:
(a) "Agricultural
inspection station" means an official inspection station operated by the
department to assist in monitoring the intrastate and interstate movement of
agricultural commodities.
(b)
"Originating from foreign countries or originating from a foreign country"
means plants or plant products that were grown at any location other than the
United States.
(c) "Originating
from outside the state" means plants or plant products that are shipped into
Florida from any location outside Florida.
(d) "Originating or originates from the
United States" means plants or plant products that were grown at any location
in the United States.
(e) "United
States" includes the 50 states, the District of Columbia, and the possessions
of the United States.
(2)
Declaration of Quarantine. The spread of plant pests and plant diseases, and
the introduction of potentially harmful bacterial strains and pesticide
residues from plants and plant products entering this state from foreign
countries poses an immediate serious danger to the health, safety and welfare
of the citizens of Florida and to the agricultural interests of this state. A
quarantine is ordered and declared against plants and plant products
originating from foreign countries. Plants or plant products originating from
outside the state may be moved into this state only as prescribed in this
rule.
(3) Requirements for the
Movement of Plants and Plant Products into the State. Any person shipping
plants or plant products into this state originating from outside the state
shall comply with the following regulations:
(a) All vehicles transporting plants or plant
products shall stop at agricultural inspection stations as required by section
570.15(2),
F.S., for inspection in accordance with this rule which shall be in addition to
the requirements of Rule
5A-16.003, F.A.C.
(b) All shipments of plants or plant products
must be accompanied with a bill of lading, or other valid documentation which
contains, at least, the following information:
1. Name and physical address of the shipper
or consignor.
2. Name and physical
address of receiver or consignee.
3. Description of plant or plant products in
shipment.
4. Place and country of
origin (where plant or plant products were grown).
5. Ultimate destination of shipment if other
than receiver or consignee.
(c) The Department shall secure a copy of the
bill of lading for each shipment for the purpose of monitoring movement of
plants and plant products into this state to assist the Division of Food Safety
and the Division of Plant Industry in performing required inspections at the
ultimate destination.
(d) Plants or
plant products which do not comply with the rules of the department or the laws
which the department enforces shall be refused entry, returned to the owner,
quarantined, detained, embargoed, treated, or destroyed as specified by the
department or destroyed by an authorized representative of the department as
permitted by law. The destruction, quarantine, treatment or return of a
shipment to the owner shall be at the direction of the department and at the
expense of the owner. Payment to the department for such expense shall be
required before shipping can resume.
(4) Records. Any person who is required to
provide a bill of lading as required by this rule shall retain all records
pertaining to the shipment for a period of 2 years following any entry into
this state. The records shall be subject to inspection by the department at
reasonable times.
Rulemaking Authority 570.07(23), 570.15, 581.031(7) FS. Law
Implemented 1.01, 570.15, 581.031(14)(a), (15)(a), (b), (20), 581.101
FS.
New 5-27-96.
