Worker Protection Standard, Materials Incorporated by Reference  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Environmental Services

    RULE NOS.:RULE TITLES:

    5E-2.039Worker Protection Standard

    5E-2.041Materials Incorporated by Reference

    NOTICE OF CORRECTION

    Notice is hereby given that the following correction has been made to the proposed rule in Vol. 44 No. 21, January 31, 2018 issue of the Florida Administrative Register.

    The SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION should have included the following:

    The Agency has determined that this rule 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: 

    There is no anticipated regulatory impact in implementing these rules as they serve only to reference existing federal pesticide regulatory requirements; update relevant federal and state agency contact information; reference revised Inspection Form 13240 and remove other obsolete form references. All agricultural employers using pesticides with federally approved labels referencing the Worker Protection Standard regulation, are as of January 2, 2018, required by federal law to follow the updated Worker Protection Standard, 40 CFR Part 170, revised July 1, 2017, in their use of said pesticides. Updating the reference in 5E-2.039, F.A.C., will provide consistency with federal law in accordance with Section 487.2041, F.S.

    Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    Additional contact information should have been included as follows:

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kelly Friend, Assistant Director, Division of Agricultural Environmental Services, 3125 Conner Blvd., Tallahassee, FL 32399. Phone: (850)617-7851; Email: Kelly.Friend@freshfromflorida.com