Section 5B-66.006 - Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication(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 or the USDA-APHIS-PPQ. All pesticide applications will be applied in accordance with applicable federal and state regulations, implementing mitigative measures to reduce environmental and public impact as described in subsection 5B-66.006(4), F.A.C. The Department or other parties acting in concert with the Department through a compliance agreement shall use the following treatment activities or combination thereof:(a) Ground or aerial applications of an EPA-registered pesticide, an Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136v, effective October 25, 1988] that are labeled as effective for Fruit fly control.(b) Bait stations applied to host plants or plants capable of harboring adult fruit flies;(c) The removal and disposal of all Hosts or Regulated articles within 200 meters of a larva or gravid female detection site known or suspected to harbor any stage of the Fruit fly species detected;(d) The placement of traps;(e) The release of sterile Fruit flies to achieve eradication.(2) The geographical boundaries of treatment areas shall be published in a major newspaper of general distribution in the treatment area, provided to affected industry groups, and published on the Department's website at http://www.FDACS.gov/PI. (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 of each other within a life cycle, or a single gravid female, larva, or pupa are detected, a delimitation monitoring program will be implemented in a minimum 81-square mile area around the positive site. The area for pesticide treatments shall be a minimum 1.5-mile arc around a positive site.(c) If a larva is detected, in addition to paragraph 5B-66.006(1)(b) above, the soil under the canopy of all Host plants on the property and each adjacent property shall be drenched with an EPA-registered pesticide, an Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. All Hosts shall be removed within a 200 meter radius of the positive site by the Department or 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) Mitigative Measures. The following mitigative measures will be taken to reduce public and environmental impact: (a) Residents in treatment areas shall be notified in person or by publication in a major newspaper of general distribution in the treatment area at least 24 hours in advance of the date and time of planned pesticide treatments, notice will be provided to affected industry groups and published on the Department's website at http://www.FDACS.gov/PI. 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) 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.(c) Beekeepers in the treatment area will be notified at least 24 hours in advance of any chemical applications.(d) 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.(e) 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.(f) All control actions will be conducted with appropriate concern for potential impact on the public, wildlife, non-target organisms and sensitive areas.(5) 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. The Department shall publish notice of the Declaration of Eradication in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department's website at http://www.FDACS.gov/PI.(6) 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.Fla. Admin. Code Ann. R. 5B-66.006
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.
New 12-8-11, Amended by Florida Register Volume 47, Number 183, September 21, 2021 effective 10/7/2021.New 12-8-11, Amended 10-7-21.