Florida Law And Pesticide Application

Pesticides are regulated to protect public health and welfare and to prevent adverse effects to the environment. Federal and state acts were passed to help regulate in the best interest of the public, the labeling, sale, distribution, storage, transportation, use, application and disposal of pesticides. In fact pesticides are regulated from the time of their discovery in the laboratory to ultimately their use in the field, even their disposal is regulated.

Advertisement

In 1947, the U.S. Congress enacted the well-known, ‘Federal Insecticide, Fungicide, and Rodenticide Act’, better known as FIFRA. FIFRA is the legislation that regulates the production, transportation, sale, use and disposal of all pesticides at the Federal level. This legislation has been amended several times, most recently in 1988. FIFRA is currently administered by the US Environmental Protection Agency (EPA). The EPA has the authority to stop the sale or use of any pesticide; they can issue removal orders and seize products to keep them out of the market. Individual states may impose stricter regulations on a pesticide, but in no case can state regulations be more liberal than those applied by the EPA. Through FIFRA, all pesticides are classified according to their potential hazards based on the circumstances in which they are meant to be used.

The two main classifications are unclassified use and restricted use (RUP). Unclassified pesticides can be bought and used by the general public without special permits or restrictions. A pesticide would typically be classified as restricted use if the use of the pesticide may result in an unreasonable adverse effect on human health or the environment; however when applied by trained persons according to the label directions would protect against such adverse effects (http://www.epa.gov/agriculture/lfra.html).

Depending on the formulation of the pesticide, the application method or the intended use, some active ingredients (AI) may be listed in both use categories. For example, a formulation that has 70% active ingredient might be listed as a RUP, while the same AI in a pesticide formulation with only 5% AI might be classified as a general use pesticide.

RUP may be sold only to certified and licensed applicators; to be certified you must be “licensed” or recognized by the agency responsible for regulating pesticides as being competent to use or supervise the use of these regulated pesticides. Licensed applicators must know how to read and understand a pesticide label and be able to follow written directions in order to use RUPs properly and safely. Under FIFRA there are only two broad types of RUP applicators – Private and Commercial.

Top Articles
25 Years of Project GREEEN’s Growth in Controlled Environment Agriculture

A Private Applicator is defined as “A certified applicator who uses or supervises the use of any restricted use pesticide for the purpose of producing an agricultural commodity on his/her own property or property he/she rents or leases, or for the property of their employer.

Commercial Applicator would be defined as “An individual who uses or supervises the use of any RUP for any purpose, on any property except for those provided for under the definition of a private applicator. Generally Commercial Applicators are considered “For-Hire contractors of pesticide applications. In general, Commercial Applicators can fall under two main categories: Public Applicators and Commercial Applicators.

A Public Applicator is a licensed applicator who is employed by a federal, state, county, city or other government agency who uses RUP’s as part of their job. This license is valid only for the work performed for the government agency during the course of employment. A Commercial Applicator is a person who uses RUP’s in any agricultural of related area for any purpose other than as provided by the other license categories. Examples would include the contract application of RUP’s for someone else (usually for profit). Within the limitations of the particular commercial license, a licensed commercial applicator may also function as either a private applicator or public applicator.

Florida Specific Rules:

Florida Statutes Chapter 487
Florida Pesticide Statutes, also known as Chapter 487 FS focus on matters concerning pesticides themselves. Rules limit how, when or where specific pesticides can be used in Florida. Specifically regulated pesticides in Florida include:

  • Aldicarb
  • Bromacil
  • Methyl Bromide
  • Organotin Antifouling paints
  • Organo-auxin herbicides

There are also miscellaneous rules that apply to specific details about:

  • Storing Restricted Use Pesticides
  • Proper disposal of certain waste materials
  • The details of examinations for each applicator type and license category Licensing fees
  • License renewal and Continuing education requirements
  • Unlicensed persons working under a licensed applicators direct supervision
  • Records that licensed applicators must keep and how long pesticide records must be maintained
  • Who must be contacted in the event of serious accident or injury
  • Description of wrongful acts and the types of penalties that may be imposed

Information in greater detail may be found at the website link below.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0487/titl0487.htm&StatuteYear=2001&Title=->2000->Chap.com

Florida Statutes Chapter 252
Also known as The Florida Hazardous Materials Emergency Response and Community Right-to-Know Act, requires a person to report the storage of active ingredients of certain pesticides if they are stored in amounts greater than a given quantity. The amount can depend on the AI or the formulation of the pesticide and can vary greatly. For more information, follow this website link: http://www.flsenate.gov/Laws/Statutes/2012/Chapter252.

Knowing about and understanding the appropriate Florida laws and rules is your responsibility. Remember, that when it comes to pesticide applications that as a licensed pesticide applicator you will be held to a higher standard of conduct than that legally expected of persons who are not licensed. The label is the law and it is your best source of information; before handling any pesticide product you should always carefully read the label and follow the directions completely and exactly.

Updates To The Hazard Communication Standard

By now, we should all be aware that there have been some major updates to the OSHA Hazard Communication Standards. According to the OSHA website (https://www.osha.gov/dsg/hazcom/index.html), The Hazard Communication Standard (HCS) is now aligned with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This update to the Hazard Communication Standard (HCS) will provide a common and coherent approach to classifying chemicals and communicating hazard information on labels and safety data sheets. Once implemented, the revised standard will improve the quality and consistency of hazard information in the workplace, making it safer for workers by providing easily understandable information on appropriate handling and safe use of hazardous chemicals. This update will also help reduce trade barriers and result in productivity improvements for American businesses that regularly handle, store, and use hazardous chemicals while providing cost savings for American businesses that periodically update safety data sheets and labels for chemicals covered under the hazard communication standard.

In order to ensure chemical safety in the workplace, information about the identities and hazards of the chemicals must be available and understandable to workers. OSHA’s Hazard Communication Standard (HCS) requires the development and dissemination of such information:

  • Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers;
  • All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers, and train them to handle the chemicals appropriately.

Major Changes To The Hazard Communication Standard:

  • Hazard classification: Provides specific criteria for classification of health and physical hazards, as well as classification of mixtures.
  • Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
  • Safety Data Sheets: Will now have a specified 16-section format.
  • Information and training: Employers are required to train workers by December 1, 2013 on the new labels elements and safety data sheets format to facilitate recognition and understanding.

University of Florida/IFAS County Extension offices around the state have been offering this updated OSHA training information; for more information contact your local Extension office.

  • National Pesticide Information Center: 1-800-858-7378
  • Florida Poison Information Center: 1-800-222-1222

References
• Fishel, F. 2010. Applying Pesticides Correctly.

 

0