Department of Health, Departmental

 

DEPARTMENT OF HEALTH

RULE NO.: RULE TITLE:

64-4.013 Pesticide Use on Medical Marijuana

PURPOSE AND EFFECT: To update the pesticide rule to clarify that pesticides must include a label that expressly has directions for use on crops or plants intended for human consumption and to add that the active ingredient(s) are allowed for use on tobacco by the U.S. EPA.

SUBJECT AREA TO BE ADDRESSED: Pesticide use on medical marijuana

RULEMAKING AUTHORITY: 381.986(8)(k), FS

LAW IMPLEMENTED: 381.986(8)(e)6.a., 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, IF AVAILABLE, IS: Courtney Coppola [phone] or [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

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,_____.