The purpose of this rulemaking is to add restrictions regarding the use of soil fumigants containing allyl isothiocyanate in Florida. The proposed rule will classify any soil fumigant containing allyl isothiocyanate as a restricted-use pesticide in ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-2.0105Definitions

5E-2.043Restrictions for the use of Allyl Isothiocyanate

PURPOSE AND EFFECT: The purpose of this rulemaking is to add restrictions regarding the use of soil fumigants containing allyl isothiocyanate in Florida. The proposed rule will classify any soil fumigant containing allyl isothiocyanate as a restricted-use pesticide in Florida and will require a Designated Agent to be present at the application site during all phases of allyl isothiocyanate soil application.

SUBJECT AREA TO BE ADDRESSED: Identifying restrictions for the use of fumigant containing Allyl Isothiocyanate in Florida.

RULEMAKING AUTHORITY: 487.042, 487.051, 570.07(23) FS.

LAW IMPLEMENTED: 487.031(1), 487.042, 487.051 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Ms. Kelly Friend, Bureau Chief, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, FL 2399-1650, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

5E-2.0105 Definitions.

(1) through (10) No change.

(11) Application site – The specific location being treated with a pesticide.

(12) Designated Agent – A certified applicator or an individual working under his or her direct supervision for the purpose of applying pesticides.

Rulemaking Authority 487.042, 570.07(23), 487.0419(4)(e) FS. Law Implemented 487.042, 487.041(4)(e) FS. History–New 3-23-03, Amended_________.

 

5E-2.043 Restrictions for the use of Allyl Isothiocyanate.

(1) Effective August 1, 2014, any soil fumigant containing allyl isothiocyanate shall be classified as a restricted-use pesticide in Florida. All Florida rules and regulations pertaining to restricted use pesticides shall apply to any soil fumigant containing allyl isothiocyanate.

(2) A Designated Agent, as defined in Rule 5E-2.0105, F.A.C., must be present at the application site during all phases of allyl isothiocyanate soil application.

Rulemaking Authority 487.042, 570.07(23) FS. Law Implemented 487.031(1), 487.042, 487.051 FS. History–New_________.