21671660, 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: 21671660

Notice of Proposed Rule

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5E-4.0071	Consumer Request Samples (Repealed)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implement recently enacted statutory changes to Chapter 578, F.S., and to update associated form references and other outdated information.

SUMMARY:

Extensive changes were made to Section 578.09, F.S., Labeling Requirements. Consequently, the analysis tag templates and labeling guidance outlined in Section 5E-4.002, F.A.C., 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. Section 5E-4.003, F.A.C., lists prohibited noxious weed seed, several of which are misspelled or need naming corrections to align with currently-recognized, scientific plant nomenclature. Section 5E-4.004, F.A.C., 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. Section 5E-4.006, F.A.C., updates references to federal publications that establish seed standards and specifies the locations where these references can be obtained. Section 5E-4.007, F.A.C., updates the kinds of seed for which the department offers commercial and consumer request testing services. Section 5E-4.0071, F.A.C., lists the fees associated with the analysis of official seed samples taken by the department upon request by a consumer. Changes to 5E-4.0071, F.A.C., 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. Section 5E-4.011, F.A.C., requires a change pertaining to the germination standard for sunflower seeds, to align with the nationally-recognized standard. Section 5E-4.013, F.A.C., 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. Sections 5E-4.0041 and 5E-4.014, F.A.C., both need to be updated to reflect the new Bureau of Licensing and Enforcement, and 5E-4.014, F.A.C., also requires an update to reflect the new department website address.

RULEMAKING AUTHORITY:

567.181, 570.07(23), 578.11(2), 578.11(2)(i), 580.036(2) F.S.

LAW:

487.101, 576.111, 578.08(1), 578.09, (2)(a), 578.092, 578.11, 578.11(2), (2)(h), 578.11(3), 578.12, 578.29, 580.111, F.S.

PRINT PUBLISH DATE:

3/29/2019 Vol. 45/62

COMMENTS:

From 3/29/2019 To 4/19/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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