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Florida Statutes, and remove references to rule language relating to the Pesticide Review Council that has been repealed in accordance with Chapter 2013-226, section 41, Laws of Florida, which repealed Section 487.0615, Florida Statutes.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.

SUMMARY: This rulemaking revises language with current statutory requirements for pesticide registration fees to be paid electronically. Further, it removes the forms referenced in this rule that have become obsolete since paper forms are no longer required to accompany electronic payment of fees.

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: The Department’s economic analysis of the adverse impact of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon its experience with adoption of rules of this nature. Additionally, no interested party submitted information regarding the economic impact.

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, 487.051, 570.07(23) FS.

LAW IMPLEMENTED: 487.041, 487.042, 487.051 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Dennis F. Howard, Bureau Chief, Bureau of Scientific Evaluation and Technical Assistance, 3125 Conner Boulevard, Building 6, Tallahassee, FL 2399-1650; [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE 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 Scientific Evaluation and Technical Assistance, 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.

(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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley, Director, Division of Agricultural Environmental Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 21, 2014