Fla. Admin. Code R. 5B-43.005
Movement of Regulated Articles
Effective Aug 10, 2025Rulemaking Authority 570.07(23), (24), 581.031(1), (4), (5), (7), (17) FS. Law Implemented 581.031(6), (7), (9), (15), (17), (20), (26), (30) 581.083, 581.101, 581.161, 581.181 FS.Department of Agriculture and Consumer Services
The movement of plant-feeding snails or slugs as described in Rule 5B-43.003, F.A.C., or regulated articles into the State of Florida from an area of concern is prohibited unless such shipments are made in accordance with the provisions of this chapter. Plant-feeding snails or slugs may enter the State of Florida for research purposes under a permit issued by the Department. Persons seeking a permit must submit a completed Application and Permit to Move Organisms Regulated by the State of Florida, FDACS- 08208, Rev. 01/13, incorporated by reference in Rule 5B-57.004, F.A.C.
(1) Provisions for the movement of regulated articles associated with plant-feeding snails and slugs into Florida follows:
- (a) Regulated articles from an area of concern may enter Florida under a master permit issued by the Department. Master Permit for Shipping Regulated Articles Free of Phytophagous Snails and Slugs, FDACS-08413, 02/25, is incorporated herein by reference and available on the Department’s website at FDACS.gov/Forms or a sample can be viewed at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18246"http://flrules.org/Gateway/reference.asp?No=Ref-18246. The master permit shall grant permission to the state of origin department of agriculture to authorize firms to ship regulated articles into Florida subject to the requirements and conditions of the master permit; or
- (b) Regulated articles from an area of concern may enter Florida, provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that regulated articles contained in the shipment were inspected by an authorized inspector of the state of origin, and found to be free of plant-feeding snails and slugs as listed in Rule 5B-43.003, F.A.C.
- (c) Shipments of regulated articles arriving in Florida in violation of this chapter shall be refused entry and returned to the shipper or destroyed at the discretion of the Department.
- (d) Shipments of regulated articles certified within this chapter that enter Florida and are infested with plant-feeding snails or slugs as listed in Rule 5B-43.003, F.A.C., shall be returned to the shipper or destroyed at the discretion of the Department. Shipments of regulated articles from the same shipper who has been in violation of this chapter shall be refused entry into Florida until the Department and the state of origin department of agriculture agree shipping may resume. In addition, notification from the plant regulatory officials of the state of origin must be received by the Department that the shipper has taken measures to prevent further shipments of plant-feeding snail or slug-infested regulated articles into the state.
- (e) Non-commercial shipments of house plants that are part of a passenger’s baggage or household effects may enter the state provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that regulated articles contained in the shipment were inspected by an authorized inspector of the state of origin, and found to be free of plant-feeding snails or slugs as listed in Rule 5B-43.003, F.A.C. Should the plants originate from a state that does not offer an inspection and certification service for house plants, the owner must provide the Department with a Florida address where the plants will be located for the purpose of a follow-up inspection if deemed necessary. An Interdiction Station Report of Non-Commercial Plants Or Firewood Without Certification in Transit from Other States, FDACS-08105, Rev. 05/20, as incorporated in Rule 5B-65.005, F.A.C., shall be completed on each shipment that is allowed entry.
(2) Compliance agreements. The certification of handling, processing, treating, and moving of regulated articles may be accomplished through one of the following compliance agreements. These documents are incorporated herein by reference and available by emailing PlantIndustry@FDACS.gov. or a sample can be viewed online as indicated.
- (a) Compliance Agreement Phytophagous Snails and Slugs, FDACS-08080, 02/25, HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18245"http://flrules.org/Gateway/reference.asp?No=Ref-18245.
- (b) Compliance Agreement / Phytophagous Snails and Slugs Solid Waste Facilities / Commercial Trash Haulers, FDACS-08487, Rev. 02/25, HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18247"http://flrules.org/Gateway/reference.asp?No=Ref-18247.
- (c) Compliance Agreement / Phytophagous Snails and Slugs / Landscaping and Lawn Maintenance Facilities, FDACS-08488, Rev. 02/25, HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18248"http://flrules.org/Gateway/reference.asp?No=Ref-18248.
- (3) It shall be unlawful to move any prohibited snails or slugs or other regulated articles within, through, or out of the quarantine area unless in compliance with this chapter and authorized by the Department.
(4) Any regulated articles offered for sale or distribution within the quarantine area that are not in compliance with Rule 5B-43.005, F.A.C. shall be considered infested and:
- (a) Shall be confiscated, held, and destroyed by the Department at the expense of the vendor or person having possession of the regulated articles upon issuance of a Hold Order and Quarantine, FDACS-08016, Rev. 02/15, incorporated by reference in subsection 5B-65.005(2), F.A.C.; or
- (b) Shall be voluntarily destroyed by the vendor or person having possession of regulated articles pursuant to a Hold Order and Quarantine, FDACS-08016, Rev. 02/15, incorporated by reference in subsection 5B-65.005(2), F.A.C.
Rulemaking Authority 570.07(23), (24), 581.031(1), (4), (5), (7), (17) FS. Law Implemented 581.031(6), (7), (9), (15), (17), (20), (26), (30) 581.083, 581.101, 581.161, 581.181 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.05, Amended 2-11-87, 3-28-00, 8-10-25, Technical Change 5-22-26.