Florida Administrative Code

(1) An application for examination and a fee of $300 for each category of pest control in which the applicant desires to be examined must be paid by each applicant at the time of application submission. Checks or money orders shall be made payable to the Department. Applications …

(1) The fee for issuance of each original certificate, and the fee for renewal thereof, shall be $150. All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.…

(1) The examination fee for each fumigation special identification card and for each renewal there of shall be $100. All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Flori…

(1) An emergency pest control certificate, if issued, shall take effect on the exact date the loss or other emergency occurred. (2) An initial 30 day emergency certificate shall be issued by the department upon verbal or written request of a licensee or his duly authorized agent.…

(1) Records: Pest control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact Florida address specified in the application for business license for inspection by department inspector…

(1) The licensee shall maintain written training records for both the initial five (5) day (40 hour) training required in Section 482.091(3), F.S., and the continuing training required in Section 482.091(10), F.S., on all identification cardholders within their employ and make th…

(1) In accordance with Section 482.2265(2), F.S., a notice shall be posted in a conspicuous location at the time of application of a pesticide to a lawn or to exterior foliage. The following example represents the required physical makeup of the notice. (2) In addition to the exa…

(1) In accordance with Section 482.2267, F.S., the department shall maintain a current registry of persons requiring prior notification of the application of pesticides. (2) The Application for Prior Notification of Pesticide Applications, FDACS-13609, Rev. 03/25, is hereby adopt…

(1) List of Penalties. The Department will apply one or more of the following penalties for violation of Chapter 482, F.S., or Chapter 5E-14, F.A.C., or as provided in Section 482.161, F.S. (a) Denial of an application for licensure or license renewal and/or permits or refusal of…

(1) Customer Contact Center business license application: In accordance with Section 482.072(2)(a), F.S., an applicant for a customer contact center business license shall submit a completed Pest Control Customer Contact Center License Application form, FDACS-13686 Rev 03/12, and…

(1) Bees fall within the definition of "pest" in Section 482.021(21), F.S., and also the definition of "agriculture" in Section 570.02(1), F.S. The removal and relocation of bees by a beekeeper registered pursuant to Section 586.045, F.S., from a structure, lawn, or ornamental fo…

(1) Building structure and its contents - For the purpose of the rule the term structure and its contents shall mean the building, both structural and nonstructural components, assembled as a part of the construction. (2) Building test - A test conducted on a building as defined …

Labeling requirements for pesticides as specified in 40 CFR 156 (7-1-94 Edition) are hereby adopted by reference. Copies of this regulation may be obtained from the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Rulemaking Authority 487…

Methods of sampling pesticides shall be those adopted and published in Volume 1, Official Methods of Analysis, Association of Official Analytical Chemists, Chapter 7, pages 1-140 (21st Edition, 2019). Rulemaking Authority 487.051(1)(b), 487.051(2), 570.07(23) FS. Law Implemented …

All methods of analyses for pesticide formulations shall be those adopted and published in Volume 1, Official Methods of Analysis, Association of Official Analytical Chemists, Chapter 7, pages 1-140 (21st Edition, 2019). Rulemaking Authority 487.051(2), 487.154, 570.07(23) FS. La…

Percent guaranteed Tolerance From 0% thru 4.9% 0.2% (actual percent) From 5% thru 9.9% 0.3% (actual percent) From 10% thru 100% 3.0% of guarantee In no case shall the tolerance exceed fifty percent of guarantee. Rulemaking Authority 487.051(1)(b), (2), 570.07(23) FS. Law Implemen…

(1) Purposes - Only petroleum oils with the specific properties designated by the Institute of Food and Agricultural Sciences and which meet the registration requirements of Chapter 487, F.S., are recommended for use in oil sprays for citrus. Spray oils containing such properties…

Restricted use pesticides shall be stored and maintained in a secure manner, such that they are not easily accessible to unauthorized persons. Rulemaking Authority 487.042, 487.051, 570.07(23) FS. Law Implemented 487.031(1), 487.031(11), 487.031(12) FS. History-New 1-1-70, Amende…

The pesticides subject to a penalty when found to be ineffective under the provisions of Section 487.091(3), F.S., shall be only those nonagricultural chemicals making specific antimicrobial label claims of effectiveness on inanimate surfaces against bacteria, fungi, and viruses.…

(1) Use and Sale Restrictions. The use of aldicarb in accordance with label directions is authorized statewide, with the following restrictions: (a) Aldicarb shall be applied only during the time period for which written or electronic authorization has been issued by the departme…

(1) For each application for any new, amended, or renewed pesticide registration, the department may require, in support of registration for sale and use in the State of Florida, summaries of data from pesticide efficacy studies and submission of scientific evidence that the pest…

(1) Performance standards for preventive termite treatments for new construction. The registrant of any pesticide product containing a label statement that includes directions for use as a preventive treatment for subterranean termites for new construction shall provide data to t…

(1) Stewardship Policy. Each registrant of a residential fumigant shall adopt and maintain a written Stewardship Policy applicable to each residential fumigant registered with the department. Registrants must submit a copy of each Stewardship Policy to the department prior to sel…

(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…

Rulemaking Authority 487.042, 487.051(1)(b), 487.051(2), 570.07(23) FS. Law Implemented 487.042, 487.051(1)(b), 487.051(2) FS. History-New 1-31-91, Amended 7-18-95, Repealed 6-26-12.

(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…

Rulemaking Authority 487.041(1)(d), (2), 570.07(23) FS. Law Implemented 487.041(1)(d), (2) FS. History-New 12-15-09, Amended 6-26-12, 4-8-15, Repealed 12-17-17.

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…