Fla. Admin. Code R. 5B-67.006

Current through Reg. 50, No. 217; November 5, 2024
Section 5B-67.006 - Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication
(1) Treatment areas and treatment procedures to eradicate a giant African land snail infestation will be dependent on the number of infested properties detected and the geographical area affected by the infestation, but will generally encompass an area of 200 yards beyond all known infested properties. 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 www.freshfromflorida.com/pi. Treatment areas shall be treated under the direction of the Department. All pesticide applications will be applied in accordance with applicable federal and state regulations when implementing mitigative measures in order to reduce environmental and public impact as described in subsection 5B-67.006(3), 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 combinations thereof:
(a) Ground applications of an EPA-registered molluscicide, an Emergency Exempted product as authorized by Federal Insecticide Fungicide and Rodenticide Act (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 giant African land snail control as incorporated by reference in subparagraph 5B-66.004(6)(b) 1., F.A.C., and paragraphs 5B-66.006(1)(a) and (2)(c), F.A.C.
(b) Bait application of molluscicide products labeled by the EPA for residential use to control the giant African land snail will be applied to properties infested or suspected to be infested within treatment areas as described in subsection 5B- 67.006(1), F.A.C.;
(c) The removal and disposal of plant parts and debris known or suspected to harbor any stage of the giant African land snail;
(d) The placement of traps as an approved method of all collected giant African land snails;
(e) Removal and destruction of giant African land snails through hand collection or mechanical methods.
(2) Treatment procedures. Treatments will be conducted by the Department in accordance with the following procedures after notification to applicable federal, state, and local government agencies and officials. Such agencies and officials will be provided an opportunity to comment on program procedures or mitigative measures, or to participate in program monitoring activities:
(a) All necessary control actions among those listed in paragraphs 5B-67.006(1)(a) -(e), F.A.C., will be conducted based on the biology and known behavioral traits of the giant African land snail and 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 as applicable and 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.
(3) Program 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 posted notice at least 24 hours in advance of the date and time of planned pesticide treatments. A general notice will be provided to citizens' at large and affected industry groups, and published on the Department's website at www.freshfromflorida.com/pi. Notifications will be in English and 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) 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.
(d) 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.
(e) All control actions will be conducted with appropriate concern for potential impact on the public, wildlife, non-target organisms and sensitive areas.
(4) Declaration of Eradication. Following the completion of all treatments, eradication shall be declared when no giant African land snail is detected after a period of a minimum of two years. The Department shall publish notice of the Declaration of Eradication in a major newspaper of general distribution in the quarantine area, will provide notice to affected industry groups, and publish the notice on the Department's website at www.freshfromflorida.com/pi.
(5) Program Evaluation. Following the completion of the giant African land snail 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-67.006

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 10-9-13.

New 10-9-13.