Fumigation Requirements - General Fumigation, Fumigation Requirements - Notices, Responsibilities and Duties - Records, Reports, Advertising, Applications, Identification Card - Training Verification

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-14.108Fumigation Requirements - General Fumigation

5E-14.110Fumigation Requirements - Notices

5E-14.142Responsibilities and Duties - Records, Reports, Advertising, Applications

5E-14.1421Identification Card - Training Verification

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-14.108 Fumigation Requirements – General Fumigation.

(1) No change.

(2) Whenever the presence of two (2) persons trained in the use of the fumigant is required by the fumigant label, at least one of these persons must be either a certified operator of fumigation or a designated special identification fumigation cardholder. The second person shall be a certified fumigation operator, a special identification cardholder, or an identification cardholder with a Fumigation Identification Card endorsement on the employee identification card, which may be obtained as provided in subsection 5E-14.1421(5), F.A.C. Two (2) trained persons shall be present at each fumigation site for the introduction of the fumigant, entry during fumigation, and from the start of aeration (first opening of the seal) until the active aeration period with all operable doors and windows open, if required by the fumigant label, is completed and the structure is secured for the remaining aeration period. The certified operator in charge of fumigation or his designated special identification cardholder shall be present at those times required by the fumigant label or by subsections 5E-14.108(1), 5E-14.111(4), 5E-14.112(1) and 5E-14.113(1), (2), F.A.C.

(3) through (10) No change.

Rulemaking Authority 482.051, 570.23(07) FS. Law Implemented 482.021(7), (25), 482.032, 482.051(1), 482.051(6), 482.152, 482.061, 482.163 FS. History–New 1-1-77, Amended 6-22-83, Formerly 10D-55.108, Amended 7-5-95, 6-12-02, 4-17-03, _________.

 

5E-14.110 Fumigation Requirements – Notices.

(1) Each licensee, before performing general fumigation, shall notify the department at least twenty-four (24) hours in advance of the fumigation period. Notification shall be made utilizing the department’s electronic fumigation notification website http://fumigation.freshfromflorida.com or by submitting by facsimile, a completed Notification of Fumigation, (FDACS-13667, Rev. 04/10 Rev. 02/17), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX to the fascimile number located on the form. The notice shall state the following:

(a) through (c) No  change.

(d) Location (address), county, and type of structure (single family, multi-family, commercial, or other) and number of structures to be fumigated.

(e) No change.

(f) Target pest.

(g) Contractor’s name (if subcontracted).

(h) Approximate duration of fumigation.

(2) through (4) No change.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.051(4) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.110, Amended 7-5-95, 9-17-08, 9-6-10,                             .

 

5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications.

(1) No change.

(2) Pest control business licensees, certified operators, or employees of the licensee must supply any information that supports application(s) or form(s) filed with the department and shall permit authorized department representatives to view any such records upon written request.

(3) Licensees performing fumigation with a residential fumigant, their employees, certified operators, and special identification cardholders shall comply with the label requirements and Stewardship Policy requirements of the residential fumigant being used.

(a) In addition, the following safety procedures shall be followed to enhance safety in the clearance of structures fumigated with a residential fumigant. The certified operator for the contracted licensee Licensees, their employees, certified operators, and special identification cardholders shall maintain records relating to the fumigation clearance of structures fumigated with a residential fumigant. Such records shall consist of the following information for each application:

1. through 8. No change.

(b) No change.

(4) No change.

(2) through (8) renumbered as (5) – (11).

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.021(21), 482.032, 482.051(1), (5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.163, 482.226(1), (6), 482.2265,  FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06, 7-23-08, 9-17-08, 9-17-08, 1-4-09, 5-20-12, Amended__________.

 

5E-14.1421 Identification Card – Training Verification.

(1) through (4) No Change.

(5) Fumigation employees that participate in fumigations using a residential fumigant must complete Initial and Annual Stewardship Training as required by the label and Stewardship Policy for the residential fumigant(s) used as defined in Rule Chapter 5E-2, F.A.C. Information verifying Continuing Certified Education Units  for forms verifying Stewardship Training (Initial or Annual) for all residential fumigant(s) used by the fumigation employee must be submitted to the department annually through http://ceu.freshfromflorida.com; or by submitting the Record of Attendance for Continuing Education Units (CEUs), Form FDACS-13325, Rev. 10/13, which is incorporated by reference in Rule 5E-9.029, F.A.C., by electronic mail to [e-mail]; or facsimile to [phone] by the renewal date of the fumigation employee's identification card.

(6) No change.

Rulemaking Authority 482.051, 482.091, 570.07(23) FS. Law Implemented 482.091, 482.151, 570.07(22) FS. History–New 6-12-02, Amended 2-24-09, .