5B-63.001: Citrus Health Response Program
PURPOSE AND EFFECT: The purpose of this rule is to manage the impact of citrus canker and citrus greening in commercial citrus groves and to adopt the Citrus Health Response Plan. The effect will be to reduce the impact of citrus canker and citrus greening on commercial citrus production.
SUMMARY: This rule adopts the Citrus Health Response Plan, defines citrus greening quarantine areas and requires decontamination in commercial citrus production businesses in order to prevent the spread of citrus canker.
SUBJECT AREA TO BE ADDRESSED: Citrus Health Response Program.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 570.07(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), 581.184 FS.
LAW IMPLEMENTED: 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), 581.083, 581.101, 581.131, 581.141, 581.184, 581.211 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Connie Riherd, Assistant Director, Department of Agriculture and Consumer Services, Division of Plant Industry, Room A116, 1911 S.W. 34th Street, Gainesville, Florida 32608, (352)372-3505
THE FULL TEXT OF THE PROPOSED RULE IS:
5B-63.001 Citrus Health Response Program.
(1) Definitions. For the purpose of this rule, the definitions in Section 581.011,
(a) Approved landfill. A landfill that is fenced, that prohibits the removal of dumped material, and that requires that dumped material be covered at the end of every day on which dumping occurs.
(b) Asian citrus psyllid. The insect known as the Asian citrus psyllid, Diaphorina citri, classified in the order Homoptera, Family Psyllidae, and all of its life stages.
(c) Citrus Health Response Program (CHRP) Certificate. A document issued by an authorized representative of the department verifying compliance with the requirements of these rules.
(d) Citrus. All members and any hybrids of the family Rutaceae including any plants, plant parts, fruits, seeds and any other parts thereof.
(e) Citrus canker. A bacterial disease of citrus incited by the organism Xanthomonas axonopodis pv. citri, (formerly known as Xanthomonas campestris pv. citri), Asian strain.
(f) Citrus greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter asiaticus, or huanglongbing (also known as yellow dragon disease or yellow shoot disease).
(g) Commercial citrus grove. A solid set planting of 40 or more citrus trees.
(h) Commercial citrus-producing area. American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States.
(i) Exposed. Determined by the department to likely harbor citrus canker bacteria but not expressing visible symptoms, or determined by the department to likely harbor citrus greening bacteria because of proximity to infected plants or infected psyllids.
(j) Foundation tree. A citrus tree owned and maintained by the department in accordance with Rule 5B-62.014, F.A.C., that is used for horticultural evaluation and to provide a source of budwood to nurseries, primarily for establishing scion and increase trees.
(k) Infected. Citrus trees harboring citrus canker bacteria and exhibiting visible symptoms of the disease or harboring citrus greening bacteria as confirmed by laboratory diagnostic tests conducted in laboratories approved by the department or the USDA.
(l) Regulated articles. Any article capable of transporting or harboring citrus canker, citrus greening or Asian citrus psyllid.
(2) Purpose. This rule is enacted to manage the impact of citrus canker and citrus greening in commercial citrus groves. To accomplish that purpose, this rule declares citrus canker, citrus greening and the Asian citrus psyllid to be plant pests and nuisances, sets forth procedures for establishing quarantine areas, identifies regulated articles, sets forth procedures for decontaminating regulated articles, and regulates the movement of citrus nursery stock from areas quarantined for citrus greening.
(3) Declaration of citrus canker, citrus greening and Asian citrus psyllid as plant pests. Pursuant to Section 581.031(6),
(4) Quarantine areas.
(b) Other areas around a site where an infestation of citrus greening is known to occur will also be quarantined. The geographical boundaries of the quarantine area will be based on the potential of citrus greening being present and will encompass an area around a citrus greening infected site of approximately six square miles. Affected businesses or residents will be notified in writing unless too numerous to contact individually. In those cases, the quarantine area will be published in a major newspaper of general distribution in each area affected and through other appropriate media.
(c) The entire state of
(5) Hosts of citrus greening and hosts of Asian citrus psyllid listed below are regulated articles and will be subject to the provisions of this rule.
(a) Hosts of citrus greening.
1. Aeglopsis chevalieri (Chevalier’s aeglopsis).
2. Balsamocitrus dawei (
3. Calodendrum capensis Thunb. (
4. X Citrofortunella microcarpa (calamondin).
5. X Citroncirus webberi (citrange).
6. Citrus spp. (orange, grapefruit, tangerine, etc.).
7. Clausena indica (clausena).
8. Clausena lansium (wampee, wampi).
9. Fortunella spp. (kumquat).
10. Limonia acidissima (Indian wood-apple).
11. Microcitrus australasica (finger-lime).
12. Murraya koenigii (curry-leaf).
13. Poncirus trifoliata (trifoliate orange).
14. Severinia buxifolia (Chinese box-orange).
15. Swinglea glutinosa (tabog).
16. Toddalia lanceolata (toddalia).
17. Triphasia trifolia (trifoliate lime-berry).
(b) Hosts of Asian citrus psyllid only.
1. Aegle marmelos (bael,
2. Afraegle gabonensis (
3. Afraegle paniculata (Nigerian powder-flask).
4. Atalantia sp. (atalantia).
5. Citropsis gilletiana (Gillet’s cherry-orange)
6. Citropsis schweinfurthii (African cherry-orange)
7. Clausena anisum-olens (anis).
8. Clausena excavata (clausena).
9. Eremocitrus glauca (Australian desert-lime).
10. Eremocitrus hybrid (desert-lime).
11. Merrillia caloxylon (flowering merrillia).
12. Microcitrus australis (Australian round-lime).
13. Microcitrus papuana (desert-lime).
14. X Microcitronella ‘
15. Murraya paniculata (orange-jasmine).
16. Naringi crenulata (naringi).
17. Pamburus missionis (pamburus).
18. Toddalia asiatica (orange-climber).
19. Vepris lanceolata (white ironwood).
20. Zanthoxylum fagara (wild-lime).
(c) Hosts of citrus canker. All species of citrus in the subfamily Aurantioideae.
(6) Movement of regulated articles from or through a quarantine area.
(a) The movement or planting of citrus greening host plants as listed in paragraph (5)(a) from or within a citrus greening quarantine area is prohibited unless produced in compliance with Rule Chapter 5B-62, Florida Administrative Code.
(b) The movement of Asian citrus psyllid host plants that are not also hosts of citrus greening from a citrus greening quarantine area is prohibited unless treated under the supervision of the department and accompanied by an Asian citrus psyllid certificate (Temporary Certificate Of Inspection For Citrus Psyllid, DACS-08376, effective 10/05, and incorporated in this rule by reference.) and provided they are not destined to a commercial citrus producing area outside of Florida. A copy of Temporary Certificate of Inspection For Citrus Psyllid, DACS-08376, effective 10/05, may be obtained from the Citrus Health Response Program, 3027 Lake Alfred Road, Winter Haven, Florida 33881.
(c) The movement of citrus fruit from a citrus canker quarantine area is governed by USDA regulations contained in 7 CFR 301.75. There are no restrictions on citrus fruit movement from citrus greening quarantine areas.
(7) Regulated Areas. A regulated area, not to exceed a radius of one mile is hereby established around the perimeter of commercial citrus nurseries constructed on sites after April 1, 2006. A regulated area, not to exceed a radius of ten miles is hereby established around the perimeter of all sites on which foundation trees are maintained. The planting of citrus in these regulated areas is prohibited. Citrus plants within a regulated area that were planted prior to the establishment of the regulated area may remain unless they are determined to be infected or infested with citrus canker or citrus greening. The department shall require the removal of infected or infested citrus, or citrus planted or citrus sprouted by natural means after the establishment of regulated areas. The property owner shall be responsible for the removal of such citrus. Notice of the removal of citrus trees, by immediate final order, shall be provided to the owner of the property on which such trees are located. An immediate final order issued by the department pursuant to this section shall notify the property owner that the citrus trees that are the subject of the immediate final order must be removed and destroyed unless the property owner, no later than 10 days after delivery of the immediate final order requests and obtains a stay of the immediate final order from the district court of appeal with jurisdiction to review such requests. The property owner shall not be required to seek a stay of the immediate final order by the department prior to seeking the stay from the district court of appeal.
(8) All citrus grove owners or caretakers, harvesters, haulers, packers, and processors must sign compliance agreements; Citrus Grower/Caretaker Compliance Agreement, DACS-08316, effective 6/06, and incorporated into this rule by reference. A copy of Grower/Caretaker Compliance Agreement, DACS-08316, effective 6/06, may be obtained from the Citrus Health Response Program,
A copy of Packinghouse Compliance Agreement, DACS-08358, effective 8/06, may be obtained from the Citrus Health Response Program,
A copy of Harvester/Handler Compliance Agreement, DACS-08359, effective 8/06, may be obtained from the Citrus Health Response Program,
(9) Decontamination requirements. All harvesters, intermediate handlers, grove owners or caretakers, packers, and processors must decontaminate equipment, personnel, regulated articles in accordance with applicable compliance agreements listed in subsection (8), and have approved decontaminates on hand at all times when in a citrus grove.
(10) All non-production people entering commercial citrus groves must decontaminate equipment, personnel and regulated articles if contact with citrus does occur.
(11) Citrus grove surveys. In addition to the routine inspection of citrus groves by the department, citrus grove owners or caretakers should conduct a self-inspection of their groves every 60 days. If citrus canker or citrus greening is found, the department must be notified immediately. Failure to notify the department of citrus canker or citrus greening is a violation of Section 581.091, F.S., and this rule and is subject to penalties in accordance with Section 581.211, F.S.
(12) The Citrus Health Response Plan is hereby adopted by this rule.
Specific Authority 570.07(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), 581.184 FS. Law Implemented 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), 581.083, 581.101, 581.131, 581.141, 581.184, 581.211 FS. History–New_______.