5944856, 5E-4.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5944856

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

SEED: GENERALLY

Overview

RULE:

5E-4.003	Noxious Weed Seed
5E-4.0041	Disposition of Seed Contaminated with Noxious Weed Seed

PURPOSE:

The purpose of the proposed action is to amend Rules 5E-4.003 and 5E-4.004, F.A.C., to reclassify Nutgrass, cyperus rotundus, and Tropical Soda Apple, solanum viarum, from the status of prohibited noxious weed seed to restricted noxious weed seed. The proposed modifications will allow Florida grown seed lots, predominately bahiagrass and aeschymomene, found by laboratory analysis to contain a maximum of one Tropical Soda Apple seed per pound to be relabeled to explicit standards and sold only in Florida. The rule modification will also permit the sale of peanut seed lots found to be contaminated with nutgrass at a rate of one seed per pound. These modifications will provide the Florida seedsmen an option other than destruction thereby reducing the economic hardship to Florida’s seed industry.

SUMMARY:

The proposed rule action will amend Rules 5E-4.003 and 5E-4.004, F.A.C., to reclassify Nutgrass, cyperus rotundus, and Tropical Soda Apple, solanum viarum, from the status of prohibited noxious weed seed to restricted noxious weed seed. The proposed modifications will allow Florida grown seed lots, predominately bahiagrass and aeschymomene, found by laboratory analysis to contain a maximum of one Tropical Soda Apple seed per pound to be relabeled to explicit standards and sold only in Florida. This rule modification will also permit the sale of peanut seed lots found to be contaminated with nutgrass at a rate of one seed per pound. These modifications will provide the Florida seedsmen an option other than destruction thereby reducing the economic hardship to Florida’s seed industry. It should be noted the requirements for destruction of seed lots that fail two consecutive attempts to reprocess will change. It will no longer be required that incineration or burial have to be in a solid waste disposal facility that has been permitted or is exempt from permit under Rule 62-701.320, F.A.C., Solid Waste Management Facilities.

RULEMAKING AUTHORITY:

570.07(23), 578.11(2) FS.

LAW:

578.11(3), 578.12 FS.

PRINT PUBLISH DATE:

8/8/2008 Vol. 34/32

COMMENTS:

From 8/8/2008 To 8/29/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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