Rule No.: RULE TITLE
5B-66.001: Definitions
5B-66.002: Purpose
5B-66.003: Quarantine Area
5B-66.004: Movement or Procession of Hosts or Other Regulated Articles; Conditions of Certification
5B-66.005: Confiscation and Disposal of Hosts
5B-66.006: Treatment Areas, Treatment Procedures and Mitigative Measures
PURPOSE AND EFFECT: The purpose of this rule is to establish procedures for the eradication of fruit flies in the genera Anastrepha (except A. suspensa), Bactrocera, Ceratitis, Dacus and Rahgoletis upon their detection in the State of Florida. The effect will be that the state can quickly respond to a detection of a fruit fly outbreak and take appropriate measures to achieve eradication thereby protecting Florida’s agricultural industry, homegrown fruits and vegetables and certain native plants which are important food sources for wildlife.
SUBJECT AREA TO BE ADDRESSED: The proposed rule will address the necessity of immediate action to eradicate fruit flies of economic importance before the infestation spreads. If immediate action is not taken, eradication costs will rise dramatically due to the increased area which then will need treatment. If the fruit fly continues to spread unchecked, it will cause substantial damage to fruit-bearing plants in home gardens and ultimately spread into agricultural production areas where it would cost several millions of dollars in control costs, lost production and increased consumer prices in the marketplace.
SPECIFIC AUTHORITY: 570.07(23), (24), 581.031(1), (5), (7), (17) FS.
LAW IMPLEMENTED: 570.32 (5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: . Wayne N. Dixon, Assistant Director, Division of Plant Industry, Department of Agriculture and Consumer Services, Doyle Conner Building, 1911 Southwest 34th Street, Gainesville, Florida 32608, (352)372-3505

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5B-66.001 Definitions.

For the purpose of this rule, the definitions in Section 581.011, F.S., and the following definitions shall apply:

(1) EPA. The United States Environmental Protection Agency.

(2) Fruit fly. Any life stage of any species of tephritid fruit fly in the genera Anastrepha (except A. suspensa), Bactrocera, Ceratitis, Dacus, Rhagoletis or synonyms thereof.

(3) Host. All fruit (including nuts, dates and berries), vegetables and the fruiting bodies of many wild and cultivated plants which are capable of infestation by any life stage of any species of fruit fly defined in subsection (2).

(4) Infested. Actually harboring a fruit fly in any of its life stages.

(5) Regulated article(s). Any article(s), including soil, capable of transporting or harboring a fruit fly.

(6) USDA-APHIS-PPQ. United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New________.

5B-66.002 Purpose.

The purpose of this rule is to establish procedures for conducting a program to eradicate fruit flies defined in subsection 5B-66.001(2), F.A.C., upon their detection in the State of Florida. This rule chapter designates the size of quarantine areas and the requirements for the movement and certification of hosts and regulated articles. It also designates the size of treatment areas and the procedures for conducting treatments, outlines program mitigative measures and sets forth the requirements for declaring eradication.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (7), (20), 26), (30), 581.101, 581.161, 581.181 FS. History–New________.

5B-66.003 Quarantine Area.

A minimum 81-square mile area around a fruit fly detection shall be quarantined upon finding:

(1) Two adults, within three miles (3.5 miles for Bactrocera) of each other within a life cycle; or

(2) One gravid female; or

(3) A larva; or

(4) A pupa.

The geographical boundaries of a quarantine area shall be published in a major newspaper of general distribution and through other appropriate media. It shall be unlawful to move a host of the fruit fly species detected or a regulated article within, through, or from a quarantine area unless in accordance with Rule 5B-66.004, F.A.C. A list of hosts most likely to be present in a quarantine area shall be published in a major newspaper of general distribution, on the Department’s website and provided to affected industry groups. An area shall be released from quarantine following a declaration that the fruit fly has been eradicated in accordance with paragraph 5B-66.006(4)(h), F.A.C.

5B-66.004 Movement or Possession of Hosts or Other Regulated Articles; Conditions of Certification.

It shall be unlawful for any person to move hosts of the fruit fly species detected or regulated articles within, through or outside the quarantine area or to move or possess them for commercial or distribution purposes within the quarantine area unless in compliance with these rules and certified by the Department or the USDA-APHIS-PPQ.

(1) Hosts to be moved outside of a quarantine area for commercial or distribution purposes shall be certified based on negative trapping, post-harvest treatments or treatments applied to production areas which are approved by the Department. A Certificate of Inspection must accompany the treated host or regulated article and must include the method of treatment, location of the treatment facility and other pertinent data.

(2) Hosts offered for sale or distribution in the quarantined area shall be certified if an authorized representative of the Department or USDA-APHIS-PPQ has inspected them and determined that both of the following conditions have been met:

(a) All hosts have been received from outside the quarantine area. Vendors must have proof of origin in the form of written receipts or other documentation;

(b) All hosts are kept in fruit fly-proof screened enclosures or sealed containers, cold storage, or fly-proof vehicles or other enclosures to prevent infestation by a fruit fly.

(3) Hosts transiting the quarantine area must be covered by fly-proof screen or be in fly-proof vehicles and accompanied by proof of origin in the form of written receipt or other documentation.

(4) Soil and plants with soil attached:

(a) Soil and plants with soil attached shall be certified for movement if an authorized representative of the Department has inspected them and found that they are not or have not been under the canopy of a host plant which is bearing hosts, or was capable of bearing hosts within the previous 60 days.

(b) Soil and plants with soil attached under the canopy of a plant which is bearing hosts, or was capable of bearing hosts within the previous 60 days, shall be certified provided:

1. All soil and plants are removed to an area clear of plants bearing or capable of bearing hosts and the soil is treated with an EPA and Florida Department of Agriculture and Consumer Services (FDACS) registered pesticide or in the case of Emergency Exempted products, 40 CFR, Part 166, Section 18 or 40 CFR, Part 162, Section 24 (c), Special Local Need products, which is effective for fruit fly control.

2. All treatments must be conducted under the supervision of an authorized representative of the Department or pursuant to a compliance agreement as provided in subsection 5B-66.004(5), F.A.C.

(c) Plants bearing hosts. In addition to the above, plants bearing hosts, or which were capable of bearing hosts, shall be certified for movement after all hosts have been removed in accordance with subsection 5B-66.006(2), F.A.C., and the soil treated with an EPA-registered pesticide which is effective for fruit fly control. All treatments must be conducted under the supervision of an authorized representative of the Department or pursuant to a compliance agreement as provided in subsection 5B-66.004(5), F.A.C.

(5) Compliance agreements. The certification of hosts and regulated articles can be accomplished through the use of a compliance agreement, Cooperative Fruit Fly Eradication Project, DACS-08468, Rev. 09/10, or Cooperative Fruit Fly Eradication Project, Aerial Applicator, DACS-08469, Rev. 09/10, if the Department does not require each treatment or movement to be witnessed by an authorized representative of the Department. The form Cooperative Fruit Fly Eradication Project, DACS 08468, Rev. 09/10, and Cooperative Fruit Fly Eradication Project, Aerial Applicator, DACS-08469, Rev. 09/10, are incorporated herein by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, by writing to P. O. Box 147100, Gainesville, FL 32514-7100, or on the Department’s website at http://www.doacs.state.fl.us/onestop/plt/plantinsp.html.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5),(6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New________.

5B-66.005 Confiscation and Disposal of Hosts.

(1)All hosts offered for sale or distribution in the quarantine area which are not in compliance with Rule 5B-66.004, F.A.C., shall be considered infested and shall be confiscated, held and destroyed at the expense of the vendor or person having possession of the hosts by issuing a Stop-Sale Notice and Hold Order, DACS-08016, Rev. 02/10, as adopted by reference in subsection 5B-65.005(2), F.A.C., or if the vendor or person having possession of the hosts agrees to voluntarily destroy the hosts an Agreement For Treatment, Destruction, Forfeiture or Return of Plants and/or Plant Parts, DACS-08029, Rev. 09/10, as adopted by reference in Rule 5B-3.0038, F.A.C. If the vendor or person is in compliance, then the host shall be released upon lifting of the Stop Sale Notice or quarantine.

(2) All hosts to be disposed must be placed in a tightly sealed plastic bag, then placed in a puncture proof container for delivery to an approved landfill or incinerator.

Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17), FS. Law Implemented 570.32(5), 6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New________.

5B-66.006 Treatment Areas, Treatment Procedures and Mitigative Measures.

(1) Treatment areas and treatment procedures to eradicate a fruit fly infestation will be dependent on the species, life-stages and numbers of fruit flies detected and the geographical area affected by the fruit fly infestation. Treatment areas shall be treated under the direction of the Department and the USDA-APHIS-PPQ. Treatments may include:

(a) Ground or aerial applications of EPA and FDACS-registered pesticide or in the case of Emergency Exempted product brands (Section 18) or Special Local Need products, a FDACS registered product;

(b) Bait stations applied to host plants or plants capable of harboring adult fruit flies;

(d) The removal and destruction of abandoned or unwanted plants capable of bearing hosts;

(e) The placement of traps;

(f) The release of sterile fruit flies to achieve eradication.

All pesticide applications will be applied in accordance with all applicable federal and state regulations implementing mitigative measures to reduce environmental and public impact as described in this rule.

(2) Delimitation area and Treatment areas. The geographical boundaries of treatment areas shall be published in a major newspaper of general distribution and through other appropriate media. Areas shall be declared treatment areas as follows:

(a) When a single male or unmated female fruit fly is detected, an intensified monitoring program will be implemented in a delimitation area which will be a minimum 81-square mile area around the positive site.

(b) When two adult fruit flies are detected within three miles (3.5 miles for Bactrocera) of each other within a life cycle, or a single gravid female, larva, or pupa are detected, an intensified monitoring program will be implemented in a minimum 81-square mile area around the positive site. The treatment area shall be a minimum nine-square mile area around a positive site for pesticide treatments.

(c) If a larva is detected, in addition to paragraph 5B-66.007(1)(b), F.A.C., above, the soil under the canopy of all host plants on the property and each adjacent property shall be drenched with an EPA and FDACS-registered pesticide or a 40 CFR, Part 166, Section 18, Emergency Exempted products or 40 CFR, Part 162, Section 24 (c), Special Local Need products, and all hosts shall be removed within a 660-foot radius of the positive site by the Department and the USDA-APHIS-PPQ.

(3) Treatment procedures. Treatments will be conducted in accordance with the following procedures upon notification of applicable federal, state, and local government agencies and officials who will be provided an opportunity for input into program procedures or mitigative measures or participation in program monitoring activities:

(a) All necessary control actions will be conducted based on the species of fruit fly detected using the treatments necessary to prevent further spread and achieve eradication.

(b) Local hospitals and public health facilities and agencies will be notified of the pesticide treatment schedules and the types of pesticides used and all accidental pesticide exposures will be reported to the appropriate local, state and federal authorities.

(c) All applicable environmental laws and regulations will be followed and an environmental monitoring program in accordance with applicable federal and state environmental laws will be implemented.

(d) All pesticides will be applied under the supervision of certified applicators in accordance with label instructions, applicable quarantine or emergency exemptions, USDA Environmental Impact Statements, site specific Environmental Assessments and state licensing requirements.

(e) All appropriate program personnel will be trained on the proper use and storage of materials and instructed on emergency procedures in the event of accidental chemical exposure.

(f) All necessary safety and cleaning equipment, protective clothing and Material Safety Data Sheets will be provided to program personnel.

(4) Program Mitigative Measures. The following mitigative measures will be taken to reduce public and environmental impact:

(a) Residents in treatment areas shall be notified by publication in a major newspaper of general distribution at least 24 hours in advance of the date and time of planned pesticide treatments. Notifications will be in English or other languages as necessary based on the ethnic structure of the community. The notification shall include basic information about the program, the geographical boundaries of the treatment area, treatment procedures and measures to be taken to avoid exposure and reduce damage.

(b) Residents in the treatment area on the Registry of Persons Requiring Prior Notification of the Application of Pesticides shall be notified 24 hours prior to any pesticide treatment applications in accordance with Section 482.2267, F.S.

(c) A telephone help line system will be established to keep the public informed of program activities and serve as a mechanism for registering and responding to complaints.

(d) Beekeepers in the treatment area will be notified 24 hours in advance of any chemical applications.

(e) The United States Department of the Interior’s Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission will be contacted to determine the presence of any endangered or threatened species in need of protection within the treatment area and the program shall take appropriate measures to protect those species as recommended by these agencies.

(f) Sensitive areas in or near treatment areas shall be identified prior to chemical treatments and appropriate measures taken to ensure that these areas are not adversely affected.

(g) All control actions will be conducted with appropriate concern for potential impact on the public, wildlife, non-target organisms and sensitive areas.

(h) Declaration of Eradication. Following the completion of all treatments, eradication shall be declared when no fruit fly is detected after a period of a minimum of two fruit fly life cycles.

(i) Program Evaluation. Following the completion of a fruit fly eradication program, program activities and monitoring results will be reviewed and evaluated and appropriate changes implemented for future programs.