Additional Registration Requirements for Registrants of Structural Fumigants Labeled for Application to Residential Structures.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NO.:RULE TITLE:
5E-2.0312Additional Registration Requirements for Registrants of Structural Fumigants Labeled for Application to Residential Structures.
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 9, January 13, 2017 issue of the Florida Administrative Register.
5E-2.0312 Additional Registration Requirements For Registrants of Structural Fumigants Labeled For Application to Residential Structures.
(1) No change.
(2) No change.
(a) through (b) No change.
(c) Probation and Stop Sale. The Stewardship Policy shall include procedures for the issuance of probation or stop sale notices to licensees who use the registrant’s residential fumigant. The Stewardship Policy shall also describe options for corrective actions to be completed by a licensee in the event the registrant places a licensee on probation or issues a stop-sale notice and shall describe how corrective actions shall be determined.
1. No change.
2. The registrant shall notify in writing, the licensee, all Florida distributors of the registrant’s residential fumigant, and the department of a decision to place a licensee on probation or stop the sale and distribution of a residential fumigant to the licensee, within 15 business days of the registrant receiving confirmation that the licensee has failed to follow a critical safety procedure as outlined in subparagraph (2)(c)1. of this rule.
3. No change.
4. The registrant shall place a licensee on probation for no less than six months if the licensee fails to follow one or more at least one critical safety procedures as outlined in subparagraph (2)(c)1. of this rule while using the registrant’s residential fumigant. Probation may be terminated at any time during the probationary period if the licensee completes all corrective actions recommended by the registrant and submits to a QAR in compliance with paragraph (1)(b).
5. The registrant shall issue an extended stop sale and stop the distribution of its residential fumigant to a licensee if within a six-month period, the licensee fails to follow two or more critical safety procedures as outlined in subparagraph (2)(c)1. while using a residential fumigant, or if the licensee fails to follow one or more at least one critical safety procedures while on probation. The registrant shall lift the extended stop-sale only if the licensee completes all corrective actions recommended by the registrant. Once the extended stop-sale is lifted, the registrant can resume the sale and distribution of the registrant’s residential fumigant to the licensee. Upon resuming the sale and distribution of the residential fumigant to the licensee, the registrant shall place the licensee on probation for no less than six months. If the licensee fails to follow at least one critical safety procedure while on probation after the extended stop-sale, the registrant shall notify the department and recommend suspension or revocation of the licensee’s license to perform residential fumigations. The registrant shall re-issue the extended stop-sale notice to the licensee if the department suspends the licensee’s license to perform residential fumigations. The extended stop-sale shall remain in place until the department lifts the suspension.
6. through 7. No change.
(d) No change.
(3) Continuing Educational Approval. Registrants or their designated representatives must apply to the department for Continuing Educational Units (CEU) for all Stewardship Training programs. Registrants are required to use the department’s designated CEU registration program website at https://ceu.freshfromflorida.com/ or submit as instructed on the Request for Granting Continuing Education Units (CEUs) For Renewal of Pesticide Applicator Licenses and Certificates, (FDACS- 13326, Rev. 10/13) form which is incorporated by reference in Rule 5E-9.029, F.A.C.
(a) through (c) No change.
(d) The registrant or designated representative must offer initial stewardship training to licensees without previous initial stewardship training for the registrant’s residential fumigant unless uness the licensee has purchased the registrant’s residential fumigant within the past three years and completed annual training during that three year period. A licensee or any of its fumigation employees required to complete the Initial Stewardship Training will not be eligible to purchase the registrant’s residential fumigant until completion of the Initial Stewardship Training.
(e) No change.
(4) No change.
Rulemaking Authority 487.051, FS. Law Implemented 487.051 FS. History–New _______ .
