Darkman

Could you be more specific please Richard. I would love to be able to graft Citrus at my home in Florida for non commercial purposes. Shortly after joining here is when I was informed that citrus propagation in Florida was illegal. I believe that posts of Malcolm Manners and conversations I had with SBL both supported this.

I located this Florida State Statute but it appears to only address propagation in Citrus nurseries. I placed the bold lettering for emphasis!

F.S.S. 581.1843 Citrus nursery stock propagation and production and the establishment of regulated areas around citrus nurseries.—
 (1)As used in this section, the term “commercial citrus grove” means a solid set planting of 40 or more citrus trees.
 (2)Effective January 1, 2007, it is unlawful for any person to propagate for sale or movement any citrus nursery stock that was not propagated or grown on a site and within a protective structure approved by the department and that is not at least 1 mile away from commercial citrus groves. A citrus nursery registered with the department prior to April 1, 2006, shall not be required to comply with the 1-mile setback from commercial citrus groves while continuously operating at the same location for which it was registered. However, the nursery shall be required to propagate citrus within a protective structure approved by the department. Effective January 1, 2008, it shall be unlawful to distribute any citrus nursery stock that was not produced in a protective structure approved by the department.

This is the F.S.S. definition of “Nursery stock” means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown or kept for or capable of propagation or distribution, unless specifically excluded by the rules of the department.

This from July 28, 2009 Citrus Growers Forum :: View topic - Best rootstock for in ground tangerine in SW Florida

A few lines later he reiterates

I also found this but I think it is referring the the production of nursery stock for sale to dooryard gardeners not the dooryard gardener engaging in propagation for himself. Am I wrong?

5B-62.011 Requirements for Citrus Propagation.
Commercial and dooryard citrus nursery stock shall be propagated according to the following provisions unless exempted in Rule 5B-62.016, F.A.C.
(1) Propagative material including budwood, air-layers, cuttings and all topworking material shall be from source trees produced or grown in accordance with Rule 5B-62.012, F.A.C., and for which a Certificate of Source Tree Registration (DACS-08072) has been issued as specified in Rule 5B-62.017, F.A.C.
(2) Budwood shall be taken under the direct supervision of a witness authorized by the Department. Budwood from each source tree shall be wrapped separately. Each bundle shall be labeled showing variety, the tree identification number, and the number of buds counted or estimated.
(3) All propagative material data including topworking shall be recorded on a Source Tree Bud Cutting Report (DACS-08172) and submitted to the Bureau of Citrus Budwood Registration at the time of collection. Persons authorized to fill out a Source Tree Bud Cutting Report (DACS-08172), shall sign a Certification To Witness Registered Budwood form, DACS-08111.
(4) Propagations from each source tree shall be maintained in nursery rows or on greenhouse benches so that each group can be traced back to an individual source tree. Nurserymen shall use permanent tags to label each separate group of propagations with the source tree registration number.
(5) All citrus nursery stock and propagative plant parts shall remain within the approved structure at all times or be moved under protective cover.
Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06.

And this but again I think the reference to dooryard is delinating three groups:
1. For sale to homeowners
2. For the own use ( research, observation or trialing)
3. For sale to Commercial growers of citrus
I think it is clear they are talking to commercial enterprises when they address the rule to, "nurserymen and growers shall:" and the end product is to be sold.

5B-62.007 Citrus Nursery Stock Certification Program.
(1) It shall be unlawful for any person to propagate or plant citrus nursery stock, which is not produced in accordance with the provisions of the Citrus Nursery Stock Certification Program. Participation in the Citrus Nursery Stock Certification Program shall not imply any warranty on the part of the nurserymen, the Department, or any employee thereof.
(2) Prior to propagating nursery stock (including dooryard, own-use and commercial citrus), nurserymen and growers shall:
(a) Register with the Division of Plant Industry filling out Form DACS-08004, Application for Certificate of Registration according to Rule 5B-2.002, F.A.C.
(b) Make application to produce citrus nursery stock on Form DACS-08066, Application to produce citrus nursery stock.
Applicants must agree to comply with all the conditions which apply to the Citrus Nursery Stock Certification Program as specified in this rule chapter.
Specific Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06.

I spent awhile looking for this rule or law that addressed a homeowner propagating in his yard for his benefit and not for the sale or commercial use and I could not find it. I seem to recall that I did find it once before and posted it but I can not find it now.

Dr. Manners if you read this would you tell me where the rule/law is? Is it a federal and not a state issue? I checked USDA and DPI.

Thanks,

__________________
Darkman in Pensacola

AS ALWAYS IMHO AND YOUR MILEAGE MAY DIFFER!!!!!!!!

Life - Some assembly required, As is no warranty, Batteries not included, Instructions shipped separately and are frequently wrong!

Kentucky Bourbon - It may not solve the problem but it helps to make it tolerable!

Statistics - Data that analyst twist to support the insane opinions of those that pay them.