To provide a reference for the form Application For New Or Amended Pesticide Product Brand Registration (DACS-13342, Rev. 12/09) and the Application For Reregistration Pesticide Product Brand(s) (DACS-13501, Rev. 12/09), not previously referenced in ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-2.031: Pesticide Registration; Exemptions from Registration; Experimental Use Permits
PURPOSE AND EFFECT: To provide a reference for the form Application For New Or Amended Pesticide Product Brand Registration (DACS-13342, Rev. 12/09) and the Application For Reregistration Pesticide Product Brand(s) (DACS-13501, Rev. 12/09), not previously referenced in rule language and to describe documents that must be submitted with new or amended pesticide product brand registration.
SUMMARY: The rule will update the revision dates on forms DACS-13342, Rev. 12/09 and DACS-13501, Rev. 12/09 and describe documents that must be submitted with new or amended pesticide product brand registration.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency. The rule provides a reference for the Application for New or Amended Pesticide Product Brand Registration DACS-13342, Rev. 12/09 and Application for Reregistration Pesticide Product Brand(s) DACS-13501, Rev. 12/09. It also lists the documents for registration that were previously included in the Application for New or Amended Pesticide Product Brand Registration DACS-13342, Rev. 06/08.
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.
SPECIFIC AUTHORITY: 487.041 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Dennis F. Howard, Chief of Bureau of Pesticides, 3125 Conner Boulevard, Building 6, Tallahassee, Florida 32399; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-2.031 Pesticide Registration; Exemptions from Registration; Experimental Use Permits.

(1) through (4)(a) No change.

(b) When it is determined by the Pesticide Review Council that it is necessary that the applicant or registrant conduct Florida field testing of a restricted-use pesticide, that applicant or registrant shall apply to the department for an Experimental Use Permit pursuant to subsection (11) of this rule. During the period of experimentation, the department may deny, revoke, suspend or conditionally accept the registration.

(5) through (10) No change.

(11) The department’s “Procedural Guidelines and Standards for the Review of State Pesticide Registrations, Emergency Exemptions and Experimental Use Permits” (September 1991) are hereby adopted by reference. A copy of the guidelines may be obtained from the Pesticide Registration Section, 3125 Conner Boulevard, MD-2, Tallahassee, Florida 32399-1650.

(11)(a) Applicants for new or amended pesticide brand registration shall submit a completed form DACS-13342, Application for New or Amended Pesticide Product Brand Registration, Rev. 12/09 together with the following documents: 1. One final printed label (that which appears on the product container); 2. One EPA stamped accepted label including a copy of any EPA comment, notification and amendment letter(s) issued in connection with acceptance of the label; 3. One Material Safety Data Sheet (MSDS), which includes a statement of emergency treatment; 4. For sub-registrations, the information required in item 2 above must be obtained from or submitted by the manufacturer along with the EPA Notice of Supplemental Distribution of a Registered Pesticide Product (EPA Form 8570-5) which is hereby adopted and incorporated by reference and may be obtained at the website http://www.epa.gov/opprd001/forms/8570-5.pdf.

(b) Applicants for pesticide brand product re-registration shall submit a completed form DACS-13501, Application for Reregistration Pesticide Product Brand(s), Rev. 12/09.

(12) All forms, filing specifications and materials contained in this rule are hereby adopted and incorporated by reference and unless indicated otherwise herein may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Pesticides, 3125 Conner Boulevard, Building 6, MS L6, Tallahassee, Florida 32399-1650; [phone] or by visiting the Department’s website at http://www.doacs.state.fl.us.

Rulemaking Specific Authority 487.041, 487.051(2), 570.07(23) FS. Law Implemented 487.041, 487.042, 487.051(2), 487.0615 FS. History–New 2-20-85, Formerly 5E-2.31, Amended 8-2-89, 7-18-95,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H. Rackley, Director of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 9, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010