The purpose of this rulemaking is to provide notice of revision to the application and payment process for pesticide brand registration in accordance with section 487.041, Florida Statutes, and remove references to rule language relating to the ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this rulemaking is to provide notice of revision to the application and payment process for pesticide brand registration in accordance with Section 487.041, Florida Statutes, and remove references to rule language relating to the Pesticide Review Council that has been repealed in accordance with Chapter 2013-226, section 41, Laws of Florida, which repealed Section 487.0615, Florida Statutes. The effect of this rulemaking will be to provide notice of revisions to the application and payment process for pesticide brand registration in accordance with section 487.041, Florida Statutes, and remove references to rule language relating to the Pesticide Review Council.

SUBJECT AREA TO BE ADDRESSED: Electronic payment of pesticide registration fees.

RULEMAKING AUTHORITY: 487.041, 487.051, 570.07(23) FS.

LAW IMPLEMENTED: 487.041, 487.042, 487.051 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Dr. Dennis F. Howard, Bureau Chief, Bureau of Pesticides, 3125 Conner Boulevard, Building 6, Tallahassee, FL 2399-1650; [phone]; [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

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

(1) through (6)(b)  No change.

(c) Notify the applicant or registrant of intent to deny registration, and the basis for denial, pursuant to Chapter 120, F.S.; and/or

(d) Submit registration application to the Department Pesticide Review Council for determinations by the Department Council relative to field testing of restricted-use pesticides or other concerns designated by the department.

(7) through (10)  No change.

(11)(a) Applicants for new or amended pesticide brand registration shall submit an electronic application via the Department’s online payment website at www.FreshFromFlorida.com. Upon completion of this transaction, a confirmation of payment letter shall be mailed to the Florida Department of Agriculture and Consumer Services, Bureau of Pesticides, 3125 Conner Boulevard, Building 6, MS L6, Tallahassee, Florida 32399-1650 a completed form DACS-13342, Application for New or Amended Pesticide Product Brand Registration, Rev. 04/10 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 form entitled, “Notice of Supplemental Distribution of a Registered Pesticide Product” (EPA Form 8570-5, (Rev. 8-94) which is hereby adopted and incorporated by reference and available online at may be obtained at the website http://www.epa.gov/opprd001/forms/8570-5.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-_____.

(b) Applicants for pesticide brand product re-registration shall submit an electronic application for re-registration via the Department’s online payment website at www.FreshFromFlorida.com.  submit a completed form DACS-13501, Application for Re-registration 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 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, 8-26-10,_________.