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 ...  

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    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.

    SUMMARY: Identified restrictions for the use of fumigant containing Allyl Isothiocyanate in Florida.

    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.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the industry’s dealer and applicator’s estimated average cost to add the required license in a single year.

    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: 487.042, 570.07(23) FS.

    LAW IMPLEMENTED: 487.031(1), 487.042 FS.

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

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Kelly Friend, Bureau Chief, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, FL 2399-1650; (850)617-7850; Kelly.Friend@FreshFromFlorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE 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)  Any soil fumigant containing allyl isothiocyanate shall be classified as a restricted-use pesticide in Florida pursuant to Section 487.042, Florida Statutes.

    (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 FS. History–New_________.

     

    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: December 10, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2014

     

Document Information

Comments Open:
12/12/2014
Summary:
Identified restrictions for the use of fumigant containing Allyl Isothiocyanate in Florida.
Purpose:
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.
Rulemaking Authority:
487.042, 570.07(23), F.S
Law:
487.031(1), 487.042, F.S.
Contact:
Ms. Kelly Friend, Bureau Chief, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, FL 2399-1650; (850) 617-7850; Kelly.Friend@FreshFromFlorida.com.
Related Rules: (2)
5E-2.0105. Definitions
5E-2.043.