To provide electronic submission of required 24 hour prior notice of structural fumigations to the Department and to clarify and delineate precautionary language directing fumigator’s to visually inspect and secure the space between adjacent ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-14.110: Fumigation Requirements - Notices
5E-14.111: Fumigation Requirements - Application; Restrictions and Precautions
PURPOSE AND EFFECT: To provide electronic submission of required 24 hour prior notice of structural fumigations to the Department and to clarify and delineate precautionary language directing fumigator’s to visually inspect and secure the space between adjacent buildings.
SUMMARY: The proposed rule will change existing rules and policies by providing pest control fumigators the ability to meet the 24 hour notification requirement through a Department maintained website/database and improving the Department’s capability and efficiency to regulate pest control through the use of technological web-based applications. The proposed change will also clarify and delineate precautionary language directing fumigators to inspect and secure the space between adjacent buildings and update an outdated pest control practice while maintaining appropriate safety and precautionary pest control practices.
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 that states there is no financial impact to small business.
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: 482.051 FS.
LAW IMPLEMENTED: 482.051(4) 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: Mr. Michael J. Page, Chief of Bureau of Entomology and Pest Control; 1203 Governors Square Boulevard, Tallahassee, Florida 32301; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-14.110 Fumigation Requirements – Notices.

(1) Each licensee, before performing general fumigation, shall notify the department at least twenty four (24) hours in advance of the fumigation period in advance notify in writing the department inspector having jurisdiction over the location where the fumigation operation is to be performed. Notification shall be made utilizing the department’s electronic fumigation notification website http://app1.flaes.org/fumigation or by submitting by facsimile, a completed on DACS Form 13667, Notification of Fumigation, Rev. 04/10 05/08, which is hereby adopted and incorporated by reference and available from the department’s website at http://www.doacs.state.fl.us/onestop/aes/pestcont.html. Such notices shall be received by the department inspector at least twenty-four (24) hours in advance of the fumigation period. The notice shall state the following:

(a)(1) Company name and business location address.

(b)(2) Accepted common or trade name and active ingredients of fumigant to be used.

(c)(3) Name of certified operator in charge and/or his the designated certified operator(s) or special fumigation identification card holder(s) for the fumigation, together with her or his day and night telephone numbers.

(d)(4) Location (address), county, and type of structure (single family residential, multi-unit, single family,/business commercial, or other) to be fumigated.

(e)(5) Date of fumigation.

(2)(6) Any change(s) in information required in written notices by this regulation shall be reported via the electronic submission website http://app1.flaes.org/fumigation or in writing via facsimile in advance of the fumigation period.

(a) Exceptions: In authentic and verifiable emergencies only, when twenty-four (24) hours advance notification is not possible, advance electronic submission via http://app1.flaes.org/fumigation telephone or facsimile notice shall be given and.

(b) This such notice shall be immediately followed by written confirmation stating the required information. The written confirmation may be made by electronic mail to [e-mail].

(3) A licensee that performs chamber or vault fumigations on the premises of the licensee’s licensed business location shall notify the department annually in writing. Information required in the written notification shall include the type of chamber being used on the property (such as shipping containers, trucks, PODS, tarpaulin areas, etc.) and the days of the week and hours during which these fumigations may be performed during the year of notification. The licensee shall provide the department at least 24 hours notice of any changes in the days of the week and hours during which fumigations may be performed.

(4) All forms and filing specifications 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 Entomology and Pest Control, 1203 Governors Square Boulevard, Suite 300, Tallahassee, Florida 32301-2961, [phone] or by visiting the Department’s website at http://www.doacs.state.fl.us/onestop/aes/pestcont.html.

Rulemaking Specific Authority 482.051 FS. Law Implemented 482.051(4) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.110, Amended 7-5-95, 9-17-08,________.

 

5E-14.111 Fumigation Requirements – Application; Restrictions and Precautions.

(1) through (4) No change.

(5) Fumigation of structures shall be performed in strict accordance with the registered label and labeling directions and precautions for the intended use and type of structure, provided there is sufficient distance along the entire length of the passageway between the structure(s) to be fumigated and all adjacent occupied structure(s) to allow visible inspection, with or without egress, for connected structures as defined in subsection 5E-14.102(17), F.A.C., and inspection for and sealing of exterior openings, such as vents, windows, etc. that require sealing for adequate fumigant confinement permit comfortable, free and reasonable passage for the crewmen to work; for the certified operator or his special fumigation identification card holder to make tests along the passageway for escaping gas with gas-detecting equipment and otherwise. If these requirements cannot be met, the fumigation shall not be performed unless the adjacent structure(s) is vacated.

(6) through (7) No change.

Rulemaking Specific Authority 482.051 FS. Law Implemented 482.051(1), 482.152, 482.241 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.111, Amended 8-11-93, 9-17-08,________.

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: June 15, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010