The Department’s purpose in revising this rule is to achieve compliance with Section 487.041(1)(d), F.S.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.: RULE TITLE:
5E-2.040: Pesticide Active Ingredients Subject to Supplemental Registration Fee
PURPOSE AND EFFECT: The Department’s purpose in revising this rule is to achieve compliance with Section 487.041(1)(d), F.S.
SUMMARY: The proposed rule is required to implement the provisions of Section 487.041(1)(d), F.S. of the Florida Pesticide Law which establishes a supplemental registration fee for any pesticide product brand containing an active ingredient that has a food residue tolerance as established in the 40 Code of Federal Regulations, part 180. This Section requires the Department to biennially publish a list of the pesticide active ingredients that are subject to a supplemental fee.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this 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: This supplemental registration fee is based on the biennial publishing of the list of active ingredients that have a food residue tolerance as established in 40 Code of Federal Regulations, Part 180. The rule is necessary to identify those active ingredients that will trigger the requirement for pesticide registrants to pay a supplemental registration fee. The proposed rule increases the existing list of 408 active ingredients to 422 active ingredients, based on changes published in 40 CFR 180. This represents a 3.4% increase in the number of active ingredients. The effect of this increase on Florida companies would be very modest for two reasons: (1) only 34 of 369 Florida companies currently register products requiring a supplemental fee; and (2) if the 3.4% increase applied equally to all 34 companies, the projected total supplemental fee revenues for Florida companies would change from $105,840 to $109,439, a total statewide increase of only $3599.
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.
RULEMAKING AUTHORITY: 487.041(1)(d) FS.
LAW IMPLEMENTED: 487.041(1)(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Dennis F. Howard, Bureau Chief, Bureau of Pesticides, 3125 Conner Boulevard, Building 6, Tallahassee, FL 32399-1650, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-2.040 Pesticide Active Ingredients Subject to Supplemental Registration Fee.

(1) The pesticide active ingredients published in the list of “Registered Pesticide Active Ingredients for which a Brand of Pesticide is Subject to a Supplemental Fee” (04-21-11) (07-17-09) are subject to the supplemental registration fee established in Section 487.041(1)(d) and (2), F.S.

(2) All forms, filings specifications and materials contained in this rule are hereby adopted and incorporated by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Pesticides, 3125 Conner Boulevard, Building 6, Tallahassee, Florida, 32399-1650; [phone] or http://www.flrules.org/Gateway/reference.asp?No=Ref-01040 by visiting the Department’s website at: http://www.flaes.org/pdf/Supplemental_Registration_Fee_Ingredient_List.pdf.

Rulemaking Authority 487.041(1)(d), (2) FS. Law Implemented 487.041(1)(d), (2) FS. History–New 12-15-09, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H. Rackley, Director, Division of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011