This rule implements s. 381.986(6)(a).1, Florida Statutes, to establish the criteria under which certain pesticides may be legally used on cannabis by approved dispensing organizations.

 

DEPARTMENT OF HEALTH

RULE NO.: RULE TITLE:

64-4.013: Pesticide Use on Cannabis

PURPOSE AND EFFECT: This rule implements s. 381.986(6)(a).1, Florida Statutes, to establish the criteria under which certain pesticides may be legally used on cannabis by approved dispensing organizations.

SUBJECT AREA TO BE ADDRESSED: Use of pesticides on cannabis by dispensing organizations

RULEMAKING AUTHORITY:381.986(6)(a)1., 381.986(7)(j), FS.

LAW IMPLEMENTED:381.986(6)(a)1., 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, IF AVAILABLE, IS: Courtney Coppola [phone] or [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: 

64-4.013Pesticide Use on Cannabis.

(1) Any pesticide used in the production of cannabis must be:

(a) Classified as “minimum-risk” and exempted from Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration pursuant to 40 C.F.R. 152.25(f) (07/11/2011), which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref;

(b) Approved for tolerance exemptions for minimal risk active and inert ingredients pursuant to 40 C.F.R. 180.950(e) (07/01/2003) which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref; and

(c) Registered with the Florida Department of Agriculture and Consumer Services pursuant to Section 487.041, Florida Statutes and Rule 5E-2.031, F.A.C., with a label that indicates that the pesticide had been approved for use on low-THC cannabis or medical cannabis. Rule 5E-2.031, F.A.C., (11/30/2014) is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref.

(2) Any pesticide used for the production of cannabis must be used in accordance with its label or labeling directions for the cultivation of cannabis in the State of Florida.

Rulemaking Authority 381.986(6)(a)1., 381.986(7)(j) FS. Law Implemented 381.986(6)(a)1. FS. History–New.