NOTICE OF EMERGENCY RULE
DEPARTMENT OF HEALTH
Division of Disease Control
RULE NO.: RULE TITLE:
64ER19-3Pesticide Use on Medical Marijuana
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC, HEALTH, SAFETY OR WELFARE: Pursuant to Chapter 2019-116, § 41, at 31, Laws of Florida, the Department is not required to make findings of an immediate danger to the public, health, safety, or welfare.
REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: The Department of Health is directed by Chapter 2019-116, § 41, at 31, Laws of Florida, to adopt emergency rules to implement section 381.986, Florida Statutes.
SUMMARY OF THE RULE: Emergency rule 64ER19-3 (64-4.013) adds that pesticides must include a label that expressly has directions for use on crops or plants intended for human consumption and that the active ingredient(s) are allowed for use on tobacco by the U.S. EPA.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Courtney Coppola at Courtney.Coppola@flhealth.gov.
THE FULL TEXT OF THE EMERGENCY RULE IS:
64ER19-3 (64-4.013) Pesticide Use on Medical Marijuana.
(1) through (2) No change.
(3) Any pesticide registered with the Florida Department of Agriculture and Consumer Services may be used for the cultivation of cannabis for medical use in the State of Florida when applied in accordance with its label or labeling directions under the following conditions:
(a) No change.
(b) For pesticides registered with the United States Environmental Protection Agency (U.S. EPA) under section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, the following conditions must be met:
1. The pesticide product label bears a U.S. EPA-approved logo and/or language indicating the pesticide is allowed for use in organic crop production safe for human consumption;
2. The active ingredient found in the pesticide is either exempt from the tolerance requirements set forth pursuant to 40 C.F.R. 180 subpart D (07/01/2017) or does not require an exemption from the tolerance requirement pursuant to 40 C.F.R. 180 subpart E (07/01/2017), both of which are incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09526;
3. The pesticide product label does not prohibit use within an enclosed structure for the site of application; and
4. The pesticide product label expressly has directions for use on unspecified crops or unspecified plants; intended for human consumption.
5. The pesticide product label expressly has directions for use on crops or plants intended for human consumption; and
6. The active ingredient(s) of the pesticide product are allowed for use on tobacco by the U.S. EPA.
Rulemaking Authority 381.986(8)(k) FS. Law Implemented 381.986(8)(e)6.a. FS. History–New 7-23-18, Amended 1-10-19, 9-19-19.
THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE 9-19-2019
