21098487, 5E-4.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21098487

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

SEED: GENERALLY

Overview

RULE:

5E-4.002	Labels
5E-4.003	Noxious Weed Seed
5E-4.004	Worthless Seed
5E-4.0041	Disposition of Seed Contaminated with Noxious Weed Seed
5E-4.006	Seed Standards
5E-4.007	Commercial Tests and Consumer Request Samples
5E-4.0071	Consumer Request Samples (Repealed)
5E-4.011	Flower Seed Germination Standards
5E-4.013	Seed Aircraft Registration, Inspection, Security, Transactions, Recordkeeping, Area-of-Application Information and Forms
5E-4.014	Seed Dealer Registration Fees

PURPOSE:

The proposed rules are being developed to implement recently enacted statutory changes to Chapter 578, F.S., and to update associated form references and other outdated information.

SUBJECT:

Extensive changes were made to Section 578.09, F.S., Labeling Requirements. Consequently, the analysis tag templates and labeling guidance outlined in rule 5E-4.002 require updating to assist seed producers and distributors in properly labeling their seed by aligning seed label content and format with recently modified seed-type classifications, labeling terminology, and germination test date requirements. Rule 5E-4.003 lists prohibited noxious weed seed, several of which need naming corrections to align with currently-recognized, scientific plant nomenclature. Rule 5E-4.004 requires changes to align this rule section with new verbiage adopted in Chapter 578, F.S., regarding “tree and shrub seed,” and deletes irrelevant language pertaining to worthless seed. Rule 5E-4.006 updates references to federal publications that establish seed standards and specifies the locations where these references can be obtained. Rule 5E-4.007 updates the kinds of seed for which the department offers commercial testing services. Rule 5E-4.0071 lists the fees associated with the analysis of official seed samples taken by the department upon request by a consumer. Changes to rule 5E-4.0071 are required to align this rule section with new verbiage adopted in Chapter 578, F.S., and certain seed kinds and groups currently listed are being consolidated to simplify the schedule of charges. Rule 5E-4.011 requires a change pertaining to the germination standard for sunflower seeds, to align with the nationally-recognized standard. Rule 5E-4.013 pertains to aircraft registration and aerial application of seed.  Many forms have new revision dates and a reference needs to be added for the aircraft registration website. Rules 5E-4.0041 and 5E-4.014 both need to be updated to reflect the new Bureau of Licensing and Enforcement, and rule 5E-4.014 also requires an update to reflect the new department website address.

RULEMAKING AUTHORITY:

570.07(23), 576.181, 578.11(2), (h), (i), 580.036(2) F.S.

LAW:

487.101, 570.08(1), 576.111, 578.09, (2)(a), 578.11(2), (h), (3), 578.12, 578.28, (3), 580.111 F.S.

PRINT PUBLISH DATE:

10/30/2018 Vol. 44/212

RELATED STATUTES
AND LAWS:

570.07(23), 576.181, 578.11(2), (h), (i), 580.036(2) F.S., 487.101, 570.08(1), 576.111, 578.09, (2)(a), 578.11(2), (h), (3), 578.12, 578.28, (3), 580.111 F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5E-4.002&PDate=10/30/2018&Section=1

REFERENCE MATERIALS:

No reference(s).

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