Department of Health, Departmental

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-4.013Pesticide Use on Medical Marijuana

PURPOSE AND EFFECT: To amend existing rule language to conform with updated Department of Agriculture and Consumer Services recommendations regarding which certain pesticides may be legally used on marijuana by approved medical marijuana treatment centers and to make technical changes.

SUMMARY: Use of pesticides on marijuana by medical marijuana treatment centers.

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 $200,000.00 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: Pursuant to sections 381.986(17), Florida Statutes, rules adopted before July 1, 2019 are not subject to section 120.541(3), Florida Statutes. In addition, based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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

LAW IMPLEMENTED: 381.986(8)(e)6.a., 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: Courtney Coppola at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE 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) For pesticides classified as “minimum-risk” and exempted from federal registration under 40 C.F.R. 152.25(f) (07/01/2017), incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09524;

1. The active and inert ingredients found in the pesticide are exempt from the is approved for tolerance requirements set forth exemptions pursuant to 40 C.F.R. 180 subpart D 180.950(e) (07/01/2017), incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-09525 and

2. The pesticide is registered with the Florida Department of Agriculture and Consumer Services pursuant to section 487.041, Florida Statutes, and Rrule 5E-2.031 of the Florida Administrative Code, with a label that indicates that the pesticide had been approved for use on low-THC cannabis or medical marijuana. Rrule 5E-2.031, F.A.C., “Pesticide Registration: Exemptions from Registration; Experimental Use Permits” (11/30/2014), is incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09527.

(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 FIFRA, the following conditions must be met:

1. through 4. No change.

Rulemaking Authority 381.986(8)(k) FS. Law Implemented 381.986(8)(e)6.a. FS. History–New 7-23-18, Amended ___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Coppola

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, State Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 1, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2018