Florida Regulations 5B-59.001: Plant Pest Control
Current as of: 2024 | Check for updates
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(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 Florida Statutes § 570.15(2), for inspection in accordance with this rule which shall be in addition to the requirements of Fl. Admin. Code R. 5A-16.003
(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. History-New 5-27-96.
(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 Florida Statutes § 570.15(2), for inspection in accordance with this rule which shall be in addition to the requirements of Fl. Admin. Code R. 5A-16.003
(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. History-New 5-27-96.