Current through Reg. 50, No. 187; September 24, 2024
(1) Treatment
areas and treatment procedures to eradicate a Fruit fly infestation will be
dependent on the species, life-stages and numbers of Fruit flies detected and
the geographical area affected by the Fruit fly infestation. Treatment areas
shall be treated under the direction of the Department or the USDA-APHIS-PPQ.
All pesticide applications will be applied in accordance with applicable
federal and state regulations, implementing mitigative measures to reduce
environmental and public impact as described in subsection
5B-66.006(4),
F.A.C. The Department or other parties acting in concert with the Department
through a compliance agreement shall use the following treatment activities or
combination thereof:
(a) Ground or aerial
applications of an EPA-registered pesticide, an Emergency Exempted product as
authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December
13, 1991], or a Special Local Need product as authorized by FIFRA, Section
24(c) [(7 U.S.C.
136v, effective October 25, 1988] that are
labeled as effective for Fruit fly control.
(b) Bait stations applied to host plants or
plants capable of harboring adult fruit flies;
(c) The removal and disposal of all Hosts or
Regulated articles within 200 meters of a larva or gravid female detection site
known or suspected to harbor any stage of the Fruit fly species
detected;
(d) The placement of
traps;
(e) The release of sterile
Fruit flies to achieve eradication.
(2) The geographical boundaries of treatment
areas shall be published in a major newspaper of general distribution in the
treatment area, provided to affected industry groups, and published on the
Department's website at http://www.FDACS.gov/PI.
(a) When a single male or unmated female
fruit fly is detected, an intensified monitoring program will be implemented in
a delimitation area which will be a minimum 81-square mile area around the
positive site.
(b) When two adult
Fruit flies are detected within three miles of each other within a life cycle,
or a single gravid female, larva, or pupa are detected, a delimitation
monitoring program will be implemented in a minimum 81-square mile area around
the positive site. The area for pesticide treatments shall be a minimum
1.5-mile arc around a positive site.
(c) If a larva is detected, in addition to
paragraph 5B-66.006(1)(b)
above, the soil under the canopy of all Host plants on the property and each
adjacent property shall be drenched with an EPA-registered pesticide, an
Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C.
136p, effective December 13, 1991], or a
Special Local Need product as authorized by FIFRA, Section 24(c)
[(7 U.S.C.
136 v, effective October 25, 1988] that are
labeled as effective for Fruit fly control. All Hosts shall be removed within a
200 meter radius of the positive site by the Department or the
USDA-APHIS-PPQ.
(3)
Treatment procedures. Treatments will be conducted in accordance with the
following procedures upon notification of applicable federal, state, and local
government agencies, and officials who will be provided an opportunity for
input into program procedures or mitigative measures or participation in
program monitoring activities:
(a) All
necessary control actions will be conducted based on the species of fruit fly
detected using the treatments necessary to prevent further spread and achieve
eradication.
(b) Local hospitals
and public health facilities and agencies will be notified of the pesticide
treatment schedules and the types of pesticides used and all accidental
pesticide exposures will be reported to the appropriate local, state and
federal authorities.
(c) All
applicable environmental laws and regulations will be followed and an
environmental monitoring program in accordance with applicable federal and
state environmental laws will be implemented.
(d) All pesticides will be applied under the
supervision of certified applicators in accordance with label instructions,
applicable quarantine or emergency exemptions, USDA Environmental Impact
Statements, site specific Environmental Assessments and state licensing
requirements.
(e) All appropriate
program personnel will be trained on the proper use and storage of materials
and instructed on emergency procedures in the event of accidental chemical
exposure.
(f) All necessary safety
and cleaning equipment, protective clothing and Material Safety Data Sheets
will be provided to program personnel.
(4) Mitigative Measures. The following
mitigative measures will be taken to reduce public and environmental impact:
(a) Residents in treatment areas shall be
notified in person or by publication in a major newspaper of general
distribution in the treatment area at least 24 hours in advance of the date and
time of planned pesticide treatments, notice will be provided to affected
industry groups and published on the Department's website at
http://www.FDACS.gov/PI.
Notifications will be in English or other languages as necessary based on the
ethnic structure of the community. The notification shall include basic
information about the program, the geographical boundaries of the treatment
area, treatment procedures and measures to be taken to avoid exposure and
reduce damage.
(b) A telephone help
line system will be established to keep the public informed of program
activities and serve as a mechanism for registering and responding to
complaints.
(c) Beekeepers in the
treatment area will be notified at least 24 hours in advance of any chemical
applications.
(d) The United States
Department of the Interior's Fish and Wildlife Service and the Florida Fish and
Wildlife Conservation Commission will be contacted to determine the presence of
any endangered or threatened species in need of protection within the treatment
area and the program shall take appropriate measures to protect those species
as recommended by these agencies.
(e) Sensitive areas in or near treatment
areas shall be identified prior to chemical treatments and appropriate measures
taken to ensure that these areas are not adversely affected.
(f) All control actions will be conducted
with appropriate concern for potential impact on the public, wildlife,
non-target organisms and sensitive areas.
(5) Declaration of Eradication. Following the
completion of all treatments, eradication shall be declared when no Fruit fly
is detected after a period of a minimum of two Fruit fly life cycles. The
Department shall publish notice of the Declaration of Eradication in a major
newspaper of general distribution in the quarantine area, provided to affected
industry groups, and published on the Department's website at
http://www.FDACS.gov/PI.
(6) Program Evaluation. Following the
completion of a fruit fly eradication program, program activities and
monitoring results will be reviewed and evaluated and appropriate changes
implemented for future programs.
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.
