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Florida Pesticide Laws and Regulations

Fred Fishel, Ph.D.

Dept. of Agronomy

University of Florida/IFAS

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Information that will be presented throughout this presentation is based upon Unit 12 in the Florida Core Manual, Applying Pesticides Correctly. You can purchase a copy to keep on hand for a reference from the IFAS Extension Bookstore.

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What do the following mean?

• Law

• Rule

• Regulation

Pesticide applicators should know that they are not the same and not interchangeable!

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LawLegal acts passed by elected officials and enforced.

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Laws do not state all the details that applicators need to know!

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Regulations contain the details.

The pesticide regulatory agency in Florida is the Florida Department of Agriculture and Consumer

Services.

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Rules carry the force of the law.

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Florida Administrative Code

• FAC is organized into chapters

• 5 chapters pertain to pesticide use

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Agencies Responsible

• FDCA = Florida Department of Community Affairs

• FDACS = Florida Department of Agricultural and Consumer Services

• FDEP = Florida Department of Environmental Protection

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Laws & Rules for FL Pesticides

State Law Topics Agency

Chapter 252 FS Storage facility & spill reports

FDCA

Chapter 388 FS Public Health Pest Control

FDACS

Chapter 403 FS Wastes & containers FDEP

Chapter 482 FS Pest Control Operators/licensing

FDACS

Chapter 487 FS Registrations/licensing FDACS

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Chapter 388

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Chapter 388

• All pesticides – restricted or unclassified

• Aerial applicators also need aerial certification

• Typically affects governmental employees

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Information on Chapter 388

• (850) 922-7011

• http://www.flaes.org/aes-ent/index.html

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Chapter 482

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Licenses Issued Under Ch. 482

License Type Applicator License Category

Pest control business Structural fumigation of tents and buildings

Pest control business Termites and wood-destroying organisms

Pest control business Lawn and ornamentals

Pest control business General household pests

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Requirements for PCO Business License

• Education • Work experience

BEPC: (850) 921-4177

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Licenses Issued Under Ch. 482

License Type Applicator License Category

Limited certification Structural pest control in privately-owned building by building’s employee or owner

Limited certification Lawn and ornamental pest control by property’s owner or employee

Limited certification Certain non-fumigants applied to ornamental plant beds/shrubbery

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Examples of Limited License Holders

• Government employees

• Private sector employees

• Commercial property owners

• Owner/operators of for-hire landscape firms

• Employee of a for-hire landscape business who uses chemical weed control

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All Applicators are Governed

• Restricted use

• Unclassified

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Chapter 487

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Chapter 487 Applicator ClassesApplicator Class Applicator’s Occupation

or Employer

Private Farmer, rancher, nurseryman, house gardener

Public State, city or county; public utility, University

Commercial For-hire not under Chapter 388 or 482

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Private Applicators

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Public Applicators

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Commercial Applicators

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Pest Control Categories• Private• Aerial• Ag row crop• Ag tree crop• Ag animal• Soil/greenhouse

fumigation• Raw Ag commodity

fumigation• Forest• Ornamental & turf

• Seed treatment• Aquatic• Organotin

antifouling paint• Right-of-way• Wood treatment• Chorine gas

infusion• Regulatory • Demonstration &

research

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The Label is the Law!

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Specifically Regulated Pesticides in FL• Aldicarb• Bromacil• Methyl bromide• Organotin anti-fouling paints• Organo-auxin herbicides

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Other rules under the Act…• Restricted use pesticide storage

• Disposal

• Licensing

• Direct supervision

• Record-keeping

• Penalties

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(850) 488-3314

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Chapter 252

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Reporting Forms: (800) 320-0519

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Chapter 403

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Chapter 403 addresses…

• Who may burn• Where containers

may be burned• Kinds of containers

that may be burned• Distance between 2

burn sites• Container preparation

• Setback distances• Time of day for

burning• Supervision of

burning• Containment

structures for burning• Amount that may be

burned

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Check Local Ordinances

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Always check the label!

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Photo Credits

• UF/IFAS Pesticide Information Office

• Penn State University

Fred Fishel, Ph.D.Department of AgronomyUniversity of Florida/IFASCopyright 2005 University of Florida

Mention of trade names in this presentation is solely for providing specific information. It is not a guarantee or warranty of the products named, and does not signify that they are approved to the exclusion of others of suitable composition. Use pesticides safely. Read and follow directions on the manufacturer’s label.