The purpose of this rule making is to comply with the provisions of Section 487.041 (l)(d) 1., Florida Statutes. The effect will be the biennial publication of the active ingredients for which a registrant of a brand of pesticide is subject to the ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Environmental Services

    RULE NO.:RULE TITLE:

    5E-2.040Pesticide Active Ingredients Subject to Supplemental Registration Fee

    PURPOSE AND EFFECT: The purpose of this rule making is to comply with the provisions of Section 487.041(l)(d)1., Florida Statutes. The effect will be the biennial publication of the active ingredients for which a registrant of a brand of pesticide is subject to the supplemental registration fee as required by Section 487.041, Florida Statutes.

    SUMMARY: Updating the list of pesticide active ingredients subject to the supplemental registration fee.

    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: This supplemental registration fee is based on the biennial publishing of the list of active ingredients that have a food residue tolerance as established in 40 Code of Federal Regulations, Part 180. The rule is necessary to identify those active ingredients that will trigger the requirement for pesticide registrants to pay a supplemental registration fee. The proposed rule increases the existing list of 408 active ingredients to 438 active ingredients, based on changes published in 40 CFR 180. This represents a 3.4% increase in the number of active ingredients.

    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: 487.041, 570.07(23) FS.

    LAW IMPLEMENTED: 487.041 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: Dr. Davis Daiker, Bureau Chief, Bureau of Scientific Evaluation and Technical Assistance, 3125 Conner Boulevard, Building 6, Tallahassee, FL 2399-1650; (850)617-7919; Davis.Daiker@FreshFromFlorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5E-2.040 Pesticide Active Ingredients Subject to Supplemental Registration Fee.

    (1) The pesticide active ingredients published in the list entitled, of “Registered Pesticide Active Ingredients for which a Brand of Pesticide is Subject to a Supplemental Fee” (Version 08-08-14), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX or may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Scientific Evaluation and Technical Assistance, 3125 Conner Boulevard, Building 6, Tallahassee, Florida 32399-1650; (850)617-7917, (04-21-11) are subject to the supplemental registration fee established in Sections 487.041(d) and (2), F.S.

    (2) All forms, filing specifications, and materials contained in this rule are hereby adopted and incorporated by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Pesticides, 3125 Conner Boulevard, Building 6, Tallahassee, Florida 32399-1650; (850)617-6917 or http://www.flrules.org/Gateway/reference.asp?No=Ref-01258.

    Rulemaking Authority 487.041(1)(d), (2), 570.07(23) FS. Law Implemented 487.041(1)(d), (2) FS. History–New 12-15-09, Amended 6-26-12,_________.

     

    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: September 18, 2014

     

Document Information

Comments Open:
12/12/2014
Summary:
Updating the list of pesticide active ingredients subject to the supplemental registration fee.
Purpose:
The purpose of this rule making is to comply with the provisions of Section 487.041 (l)(d) 1., Florida Statutes. The effect will be the biennial publication of the active ingredients for which a registrant of a brand of pesticide is subject to the supplemental registration fee as required by Section 487.041, Florida Statutes.
Rulemaking Authority:
487.041 and 570.07(23), F.S.
Law:
487.041, F.S.
Contact:
Dr. Davis Daiker, Bureau Chief, Bureau of Scientific Evaluation and Technical Assistance, 3125 Conner Boulevard, Building 6, Tallahassee, FL 2399-1650; (850) 617-7919; Davis.Daiker@FreshFromFlorida.com.
Related Rules: (1)
5E-2.040. Pesticide Active Ingredients Subject to Supplemental Registration Fee