9936309, 5BER11-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9936309

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Plant Industry

Overview

RULE:

5BER11-2

Mediterranean Fruit Fly Eradication - Broward County, FL

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Mediterranean fruit fly, commonly referred to as Medfly, is one of the most destructive pests of citrus and other known fruits and is the most important and widespread pest in the fruit fly group. Medfly attacks more than 260 different fruits and vegetables. In Florida, the pest has been eradicated twelve times, including five major outbreaks. A total of eleven Medflies have been identified from detection traps located on four properties in Pompano Beach, Broward County. If immediate action is not taken to eradicate Medflies from the Pompano Beach area, they will continue to spread and affect agriculture production areas resulting in millions of dollars in production losses and control costs, and impacting consumers through increased prices in the market place. In view of these specific facts and reasons, and in accordance with the constitutional authority conferred upon the Commissioner of Agriculture by the Florida Constitution, Article IV, Section 4, and authorized by Sections 570.07(21) (to declare an emergency) and 581.031(7) (to declare a quarantine), Florida Statutes, the Commissioner of Agriculture does hereby find that an immediate danger to the public health, safety and welfare exists and declares a quarantine area for host plants and regulated articles as set forth in the emergency rule hereby promulgated.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This action is necessary and fair under this emergency because immediate action must be taken to eradicate the Mediterranean fruit fly from Broward County before the infestation spreads. If immediate action is not taken, eradication costs will rise dramatically due to the increased area that will then need treatment. If the Mediterranean fruit fly continues to spread unchecked, it will cause substantial damage to fruit-bearing plants in home gardens and ultimately will spread into agricultural production areas where it will cost millions of dollars in control costs, lost production, and increased consumer prices in the marketplace.

SUMMARY:

This emergency rule establishes a quarantine area; provides definitions, the certification requirements for hosts or regulated articles, the criteria for establishing treatment areas, treatment procedures, mitigative measures and the criteria for declaring a Mediterranean fruit fly emergency.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Richard Gaskalla Director, Division of Plant Industry, Department of Agriculture and Consumer Services, P. O. Box 147100, Gainesville, Florida 32614-7100, phone: (352)372-3505

PRINT PUBLISH DATE:

5/27/2011 Vol. 37/21

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=5BER11-2&PDate=5/27/2011&Section=4

REFERENCE MATERIALS:

No reference(s).

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