All agricultural employers using pesticides with federally approved labels referencing the Worker Protection Standard regulation, are as of January 2, 2018, required by federal law to follow the updated Worker Protection Standard, 40 CFR Part 170, ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-2.039Worker Protection Standard

5E-2.041Materials Incorporated by Reference

PURPOSE AND EFFECT: All agricultural employers using pesticides with federally approved labels referencing the Worker Protection Standard regulation, are as of January 2, 2018, required by federal law to follow the updated Worker Protection Standard, 40 CFR Part 170, revised as of November 2, 2015, in their use of said pesticides. Updating the reference in Rule 5E-2.039, F.A.C., provides consistency with what is already required by federal law. Additionally, updates to Inspection Form 13240 are necessary to comply with the new provision of the Worker Protection Standard. Inspection forms 13319, 13316 and 13234 are obsolete and no longer needed.

SUMMARY: The proposed rule is being developed to adopt by reference the most recent version of the federal Worker Protection Standard, 40 CFR Part 170, revised as of November 2, 2015, and to update the Inspection Form FDACS-13240 to comply with the new Worker Protection Standard. It also removes forms that are obsolete.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 487.051, 570.07(23), FS.

LAW IMPLEMENTED: 487.031, 487.048, 487.051(2), 487.071, 487.081, 487.159, 487.2041, 504.14, 570.07(22), 576.051, 578.11, 580.036, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-2.039 Worker Protection Standard.

The worker protection standard for agricultural pesticides as specified in 40 CFR 170, revised as of November 2, 2015 July 1, 1993, and amended in 59 FR 30264, published June 10, 1994, is hereby adopted by reference. Copies of this regulation may be obtained from the Superintendent of Documents, Attn: New Orders, P. O. Box 979050, St. Louis, MO 63197-9000 371954 Pittsburgh, PA 15250-7954.  or by phone at [phone]; or by contacting the Division of Agricultural Environmental Services, 3125 Conner Blvd., Suite E, Tallahassee, FL 32399, or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX . Charge orders may be telephoned to the Government Printing Office order desk at [phone].

Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.051(2) FS. History–New 4-5-94, Amended 7-18-95, ________.

 

5E-2.041 Materials Incorporated by Reference.

The Department will use the following materials in performance of its inspection, sampling, analysis, and enforcement duties prescribed in law Chapter 487, F.S. The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Inspection and Incident Response, 3125 Conner Boulevard, Suite N, Pesticide Compliance Section, 3125 Conner Boulevard, Building 8, Mail Station #L-29, Tallahassee, Florida 32399-1650 and are available online as indicated.

(1) Affidavit – Compliance Monitoring Program (FDACS-13319 Rev. 08/12),

http://www.flrules.org/Gateway/reference.asp?No=Ref-02396.

(2) through (3) renumbered (1) through (2) No change.

(4) Notice of Inspection (FDACS-13316 Rev. 08/12), https://www.flrules.org/Gateway/reference.asp?No=Ref-02399.

(5) Pesticide Sample Collection Report (FDACS-13234 Rev. 08/12), https://www.flrules.org/Gateway/reference.asp?No=Ref-02400.

(3)(6) Worker Protection Standard Inspection Form (FDACS-13240 Rev. 1/18 02/13),

https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 570.07(23) FS. Law Implemented 487.031, 487.048, 487.071, 487.081, 487.159, 487.2041, 504.14, 570.07(22), 576.051, 578.11, 580.036 FS. History–New 4-18-13, Amended ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley, Director, Division of Agricultural Environmental Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 23, 2018