64-4.013. Pesticide Use on Medical Marijuana  


Effective on Monday, July 23, 2018
  • 1(1) For purposes of this chapter, the term “pesticide” has the meaning given as defined in section 18487.021(49), 19Florida Statutes.

    21(2) Any pesticide used in the production of medical marijuana or low-THC cannabis must be registered with the Florida Department of Agriculture and Consumer Services.

    46(3) Any pesticide registered with the Florida Department of Agriculture and Consumer Services may be used for the cultivation of cannabis for medical use in the State of Florida when applied in accordance with its label or labeling directions under the following conditions:

    89(a) For pesticides classified as “minimum-risk” and exempted from federal registration under 10140 C.F.R. 152.25(f) 104(07/01/2017), incorporated herein by reference and available at 112https://www.flrules.org/Gateway/reference.asp?No=Ref-11409524;

    1151. The active ingredient is approved for tolerance exemptions pursuant to 12640 C.F.R. 180.950(e) 129(07/01/2017) incorporated herein by reference and available at 137https://www.flrules.org/Gateway/reference.asp?No=Ref139-09525; 140and

    1412. The pesticide is registered with the Florida Department of Agriculture and Consumer Services pursuant to section 158487.041, 159Florida Statutes, and rule 1635E-2.031 164of the Florida Administrative Code, with a label that indicates that the pesticide had been approved for use on low-THC cannabis or medical marijuana. rule 1895E-2.031, 190F.A.C., “Pesticide Registration: Exemptions from Registration; Experimental Use Permits” (11/30/2014), is incorporated herein by reference and available at 208https://www.flrules.org/Gateway/reference.asp?No=Ref210-09527211.

    212(b) For pesticides registered with the United States Environmental Protection Agency (U.S. EPA) under section 3 of FIFRA, the following conditions must be met:

    2361. The pesticide product label bears a U.S. EPA-approved logo and/or language indicating the pesticide is allowed for use in organic crop production safe for human consumption;

    2632. The active ingredient found in the pesticide is either exempt from the tolerance requirements set forth pursuant to 28240 C.F.R. 180 285subpart D (07/01/2017) or does not require an exemption from the tolerance requirement pursuant to 30040 C.F.R. 180 303subpart E (07/01/2017), both of which are incorporated herein by reference and available at 317https://www.flrules.org/Gateway/reference.asp?No=Ref319-09526;

    3203. The pesticide product label does not prohibit use within an enclosed structure for the site of application; and

    3394. The pesticide product label expressly has directions for use on unspecified crops or plants intended for human consumption.

    358Rulemaking Authority 381.986(8)(k) FS. Law Implemented 381.986(8)(e)6.a. FS. History–New 7-23-18.