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. 187; September 24, 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:
(5) Hosts or Regulated articles transiting through the quarantine area must be covered by a fly-proof tarp screen or be in enclosed vehicles and accompanied by proof of origin in the form of written receipt or other documentation traveling with Hosts or Regulated articles.
(6) Soil and plants with soil attached:
Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS.
New 12-8-11, Amended 10-7-21.