Florida Administrative Code

(1) Synthetic organo-auxin herbicides: The synthetic organo-auxin herbicides are defined as herbicides which produce hormonal auxin type effects on plants similar to the effects of 2,4-D. Organo-auxin herbicides include but are not limited to all of the forms of herbicides such a…

(1) Each application for registration of pesticide products containing organotin labeled for use as an antifouling paint must be accompanied by documentation demonstrating that such products do not exceed the long-term average release rate of 4.0 ug (micrograms)/cm2 (square centi…

(1) Effective February 25, 1991, the use of all pesticide products containing alachlor is prohibited within the state. (2) All products containing alachlor in the possession of any person on or after February 25, 1991, are ordered withheld from use, sale, or further distribution …

(1) Definitions. The following definitions shall apply to this rule: (a) "Available water capacity" means the ability of the soil to hold water available for use by most plants and commonly expressed as inches of water per inch of soil. (b) "Bedrock" means the solid rock that und…

The worker protection standard for agricultural pesticides as specified in 40 CFR 170, revised as of July 1, 2017, is hereby adopted by reference. Copies of this regulation may be obtained from the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000 or by phone…

The Department will use the following materials in performance of its inspection, sampling, analysis, and enforcement duties prescribed in law. The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Depa…

(1) The standards applicable to secondary containment of containers of dry pesticides and to containment pads of liquid and dry pesticides for pesticide dispensing activities at facilities identified in 40 CFR 165.80(b) (2008) are set forth and specified in 40 CFR 165.3, 165.80(b…

(1) Any soil fumigant containing allyl isothiocyanate shall be classified as a restricted-use pesticide in Florida pursuant to Section 487.042, F.S. (2) A Designated Agent, as defined in Rule 5E-2.0105, F.A.C., must be present at the application site during all phases of allyl is…

(1) The brand or product name shall not be misleading. If the name indicates the feed is made for a specific use the character of the feed must conform therewith. A mixture labeled "Dairy feed," for example, shall be suitable for that purpose. (2) A name of a nonmedicated feed sh…

(1) The sliding-scale method of expressing guarantees (for example, Crude Protein 15-18%) is prohibited. Crude protein, crude fat, and crude fiber shall be guaranteed to the closest one tenth percent. (2) Drugs in commercial feeds shall be guaranteed in terms of percentage by wei…

(1) Definitions. (a) The term "lot" means an identifiable quantity of commercial feed of the same brand and analysis which is offered for sale, sold or distributed within the state. Bulk feed and bagged feed, even though the same brand and analysis, in the same shipment, shall be…

(1) Each ingredient shall be specifically named (the names and definitions identified in "Official Publication 2019" published by the Association of American Feed Control Officials shall be used as the common or usual names unless the Department of Agriculture and Consumer Servic…

(1) The information required in Section 580.051, F.S., shall appear in its entirety on one side of the label, or on one side of the container, except as provided in Rules 5E-3.008 and 5E-3.014, F.A.C., and further provided that precautions and directions for use may appear on the…

(1) Mineral phosphatic materials, including bone products, for feeding purposes shall be labeled with a guarantee for the minimum percentages of calcium and phosphorus, and the maximum percentage of fluorine. (2) The fluorine content of a mixed feed shall not exceed one part of f…

Urea and ammonium compounds are acceptable ingredients in mixed ruminant feeds, provided the crude protein guarantee of the feed is modified by the following statement after an appropriate value has been inserted in the blank space: "This includes not more than ___% equivalent pr…

(1) Before distribution in Florida, a feed containing an active drug ingredient shall be labeled to show the information required by Chapter 580, F.S., and all labeling required by the Federal Food and Drug Administration. (2) Customer-formula medicated feeds shall have the label…

Nonnutritive inert ingredients shall not be used in commercial feeds with the following exceptions: (1) Customer-formula feeds may contain such ingredients at the customer's request. (2) Charcoal may be used provided the percentage is declared on the label when more than 1% is pr…

(1) No bone meal, blood meal, meat meal, meat scrap, digester tankage, meat meal tankage, or feeding tankage shall be sold, offered for sale or used in commercial feed in the State of Florida, unless such products have been so sterilized by heat as to destroy all anthrax organism…

The minimum standards for feed and feedstuff are those set forth in the "Official Publication 2001" published by the Association of American Feed Control Officials. Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(1)(c) FS. History-New 12-30-70, Formerly 5E…

(1) The label for a customer-formula feed shall show, in addition to the information required by Section 580.051(2), F.S., the words "mixed for" followed by the name and address of the customer, except that the brand name may be omitted. When the customer requests that certain in…

(1) The Application For Master Registration (Form DACS-13244, Rev. 6/01) shall be submitted annually by each commercial feed distributor and shall be accompanied by a fee established in Section 580.041, F.S. (2) The Application For Master Registration (Form DACS-13244, Rev. 6/01)…

The following tolerances or analytical variations will be permitted in determining whether or not a commercial feed or feed stuff is deficient or excessive in any nutrient, medicament, aflatoxin, pesticide residue or weight: Tolerances (1) Nutritive guarantees: (a) Moisture 4% (b…

(1) Section 580.051(5), F.S., authorizes the department to assess a penalty in the amount of $100 per violation against the violator for the distribution of commercial feed without labeling as required under Section 580.051(1), F.S. The assessment of a penalty shall be imposed wh…

(1) In accordance with Section 580.041(1)(c)3., F.S., each Distributor of commercial feed shall report to the Department the number of tons of feed distributed in Florida within thirty (30) days after the end of each of the following quarterly reporting periods: Quarter Reporting…

The following materials are hereby adopted and incorporated by reference. Copies of all referenced materials are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, Bureau of Inspection and Inc…

The manner of sampling, testing in laboratory, greenhouse and trial plots, and the tolerances to be applied to the results shall be the same as that recommended in the Rules for Seed Testing of the Association of Official Seed Analysts. Rulemaking Authority 578.11(2) FS. Law Impl…

(1) Form. The analysis tag or label shall carry the information required by Section 578.09, F.S., in substantially the following form: (a) For agricultural seed: (b) For mixed agricultural seeds: (c) For coated agricultural seed: (d) For combination mulch, seed, and fertilizer pr…

(1) Prohibited noxious weed seed shall include: (a) Field Bindweed (Convolvulus arvensis) None per pound (b) Serrated tussock (Nassella trichotoma) None per pound (c) Benghal dayflower (Commelina benghalensis) None per pound (2) Restricted noxious weed seed shall include: (a) Ann…

Agricultural, vegetable, flower, tree, or shrub seed shall be deemed worthless for planting purposes if containing in excess of two percent (2%) of total weed seed or more noxious weed seed than shown in Rule 5E-4.003, F.A.C., and shall not be sold for such purposes. Rulemaking A…

(1) Seed lots containing one or more of the noxious weed seeds listed in Rule 5E-4.003, F.A.C., and found by the department to be in violation of Section 578.13, F.S., and which have been placed under stop-sale, stop-use, removal, or hold order, shall not be further subdivided or…

The minimum standard for agricultural seeds shall be 60% (including hard seed or dormant seed) except hybrid field corn seed which shall be 90%, and hemp seed, which shall be 80% (including hard or dormant seed). For hemp seed which germinates less than the standard established b…

(1) The department will make commercial tests and perform analysis of consumer request samples of seed when such will not interfere with prescribed duties of the department. (2) Definitions. As used in this rule, the following definitions shall apply: (a) Consumer means individua…

(1) Flower seed subject to chapter 578, F.S., and their germination standards are as follows: Standard Kind Germ. % (a) African daisy - Dimorphotheca aurantiacs 55 (b) Ageratum - Ageratum mexicanum 60 (c) Alyssum - Alyssum compactum, A. maritimum, A. procumbens, A. saxatile 60 (d…

(1) Registration. Each aircraft used for aerial application of any seed must be annually registered with the department. Application for registration shall be on form Application For Aircraft Registration, FDACS-13354 Rev 10/13 or via the Aircraft Registration Transaction Reporti…

The Application for Registration as a Seed Dealer, FDACS-13204, Rev. 05/19, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10674, shall be submitted annually for each place of business at which seed is sold, d…

(1) Definitions. The definitions provided in Sections 578.011, 581.217, F.S., and the following shall apply to Section 581.217, F.S., and this rule: (a) "Certified hemp seed" means a class of hemp seed which is the progeny of breeder, foundation, or registered hemp seed certified…

(1) "Agricultural commodity" means any plant, or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable pe…

(1) License types. Each individual licensed as a pesticide applicator must be licensed in one of three license types and must be licensed in a minimum of one primary category. License types are: (a) Private applicator license. A private applicator license is valid for use by priv…

(1) Description of primary categories. (a) Category 1A1 - Agricultural Row Crop Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural crops oth…

All individuals seeking licensure must demonstrate knowledge of the safe use and handling of pesticide products. Possession of such knowledge shall include having a working knowledge of the following areas of competency as they apply to the specific categories in which licensure …

(1) Primary categories. (a) Category 1A1 - Agricultural Row Crop Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of agricultural row crops and associated pests, the chemical control measures that pertain to the prevention or cont…

(1) Certification. All individuals seeking pesticide applicator licensure shall demonstrate competency in the responsible use of pesticides by successfully completing the appropriate pesticide applicator examination(s) specified in this chapter for each classification of licensur…

(1) Licensure. Requests for pesticide dealer licensure shall be made by submitting a completed pesticide dealer license application, form DACS-13337, Rev. 05/04, and the appropriate license fee to the Pesticide Certification Office, P.O. Box 6710, Tallahassee, Florida 32314-6710.…

(1) Private and public pesticide applicator license. The fee for either initial licensure or license renewal is $100, with no additional fee for added categories. (2) Commercial pesticide applicator license. The fee for either initial licensure or license renewal is $250, with no…

(1) Reexamination shall be required for pesticide applicator recertification in the following circumstances: (a) The license was revoked or suspended for 6 months or longer; or (b) It is deemed by the department that new information makes reexamination essential for continued cer…

(1) Licensed pesticide applicators shall maintain records relating to the application of all restricted use pesticides. Such records shall consist of the following information for each application: (a) Name and license number of the licensee responsible for the pesticide applicat…

(1) Licensed pesticide dealers shall maintain the following records relating to the sale or exchange of restricted use pesticides: (a) Date of sale; (b) Name and license number of licensed applicator making or authorizing the purchase; (c) Name of authorized purchase agent purcha…