How To Survive A Pesticide Inspection

Pesticide laws in Florida are described in two chapters of the Florida Statutes and are enforced by the Florida Department of Agriculture and Consumer Services (FDACS). Chapter 482 is known as the Structural Pesticide Act. Chapter 482 governs the application of pesticides both inside and around a structure. Pesticide applications to lawns and landscaped areas are regulated under this chapter.

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The following pesticide licenses are regulated under Chapter 482: Certified Pest Control Operator (PCO), Limited Commercial Landscape Maintenance Certification, Limited Lawn and Ornamental Certification, Limited Structural Certification. Chapter 487 is the Florida Pesticide Law. Chapter 487 regulates the use of restricted use pesticides (RUPs) in agricultural areas. An applicator can receive either a private, public or commercial RUP license. A private or a public license costs $100; a commercial license costs $250. All licenses last for four years. The private license is for non-commercial applications made by the owner or their employees to farms, nurseries, ranches and other agriculture operations. The public license is needed for municipal, state, federal and university employees who apply pesticides. The commercial license is required for hired applicators contracted to apply pesticides to agricultural areas. Public and commercial applicators must choose a pesticide category for their licenses. There are 19 categories ranging from agricultural row crop to soil and greenhouse fumigation. For a complete list of all the categories visit the following link: http://flaes.org/complimonitoring/pesticidecertification.html#Overview. Applicators can be certified in multiple categories, and there is no additional charge for each new category.

Transporting Pesticides

Pesticides should always be transported in a safe and correct manner. Failure to do so can result in thousands of dollars in fines and clean up fees. More importantly, the public could be put at risk. The first thing to check when transporting a pesticide is the Material Safety Data Sheet (MSDS) to see if the pesticide is listed as hazardous. The DOT requires that drivers have shipping papers or vehicle manifests when transporting products listed as hazardous.

The MSDS and labels for most pesticides can be downloaded at the Crop Data Management System website, CDMS.net.  It is vitally important to make sure that the pesticide being transported has a clean, intact and readable label. If first responders are unable to identify the pesticide after a vehicular accident, a hazardous material crew will be called to clean up the spill, and the person transporting the pesticide will be responsible for the cost. However, if the pesticide being transported has a readable label and the first responders can determine whether or not, the product is a general use pesticide, a hazardous material crew may not be necessary. Drivers are also required to pack a spill kit that contains a shovel, broom and PPE. To avoid spills, pesticides should always be stacked so they will not tip over in the bed of a truck or car trunk. Never transport pesticides in the passenger section of a vehicle. This is to prevent pesticide exposure to the driver in the event of an accident. If a vehicle will be unattended for any period of time, the pesticides must be stored in a secure manner. Acceptable methods include: locked toolbox, locked truck topper or a car trunk. Pesticides may be transported in an open truck bed as long as they are securely stacked and the vehicle is attended. Pesticide applicators will be held liable if anyone is poisoned or environmental contaminated occurs due to improper pesticide transport. In addition, never transport pesticides next to food or animal feed.

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Pesticide Storage

First and foremost, pesticides need to be stored securely. Over the last several years, the number of burglaries of pesticides stored on farms has increased. The high costs of many of these materials make them something readily re-sold on the black market. In addition, some pesticides have the potential to be used in terrorist attacks. Every effort must be made to keep these materials safe and out of the wrong hands. In order to do this, the storage areas should be well lit. An updated inventory of all pesticides should be kept and law enforcement should be notified if any pesticides are missing or stolen. Keep note of any suspicious or unknown people loitering near storage areas. Keep doors and cabinets locked to prevent children from gaining access to storage areas.

Law enforcement contact numbers

  • Florida Department of Agriculture and Consumers Services Law Enforcement Division: 1-800-342-5869
  • Florida Department of Law Enforcement Security Hotline: 1-800-342-0820
  • FBI Jacksonville: 904-721-1211
  • FBI Miami: 305-944-9101
  • FBI Tampa: 813-273-4566

Pesticides need to be kept in well-ventilated areas to help regulate the temperature. Excessive heat or cold (below 40°F and above 110°F) makes the pesticide less effective and can damage the pesticide container. A spill kit and personal protective equipment should be kept near, but not inside, the pesticide storage room so that in the event of a spill they do not become contaminated. Always write the purchase date on the pesticide container. The typical shelf life for most pesticides is around two years. To avoid storage problems, do not purchase quantities of pesticides that cannot be used up in that time period.

The Worker Protection Standard

The Worker Protection Standard (WPS) is designed to protect agricultural workers and pesticide handlers from the harmful effects of pesticides and their residues. The WPS was implemented by the Environmental Protection Agency in 1992. The FDACS Bureau of Compliance Monitoring is responsible for implementing and enforcing WPS regulations. The agricultural use section of the pesticide label will state the WPS specific requirements for that pesticide.

The WPS defines an agricultural worker as anyone who is hired to work on a farm, greenhouses, nurseries, or forests to harvest, weed, prune or irrigate. Federal law requires that agricultural workers must be trained in the WPS in a language they understand by their fifth day on the job. Direct family members of the employer are not required to be trained in the WPS. However, all other pesticide label requirements such as Restricted-Entry Interval (REI) and personal protective equipment (PPE) apply to everyone. The REI is the amount of time that must pass after a pesticide application before anyone is allowed into the treated area. The REI can vary depending on the pesticide and the crop it is being used on. The REI can be found in the Agricultural Use Requirements section of the pesticide label.

Pesticide handlers must be trained in the WPS before they start their job. EPA defines pesticide handlers as anyone who mixes, loads, transfers, or applies pesticides. In addition, workers that clean or repair contaminated equipment, work as flaggers or handle unsealed pesticide containers are also classified as pesticide handlers. There are three main goals of the WPS. The first is to protect agricultural workers and pesticide handlers. The seconds is to provide information to the agricultural workers and pesticide handlers about the pesticides that will be used. The third goal is to mitigate the pesticide exposure of agricultural workers and pesticide handlers.

First and foremost, agricultural workers need to know that they are not pesticide handlers. It is a violation of the WPS for pesticides to come into contact with agricultural workers either directly or indirectly through drift. In addition, pesticides cannot drift into agricultural workers living areas. It is required that agricultural workers be warned either orally or through the posting of signs of pending pesticide applications.

Warning signs must be posted 24 hours or less before pesticide application. Despite being an effective deterrent for trespassers, pesticide warning signs may not be posted year round. They must be removed within three days of the expiration of the REI. The pesticide label will state which type of notifications are required. Some pesticides may require both types of notifications.

The WPS also requires that a Central Display Posting be displayed in a location that is easily accessible by agricultural workers and pesticide handlers such as the employee break room, barn where agricultural workers and pesticide handlers congregate before work or in the field where agricultural workers are harvesting. The Central Display Posting must have an approved EPA safety poster. This poster and other WPS training material can be ordered through FDACS.

Larger, waterproof EPA safety posters can be ordered to retailers such as Gempler’s. The Central Display Posting must be posted before the work period begins and for 30 days after a pesticide application or pesticide REI expiries. The name, address, and telephone number of the nearest emergency medical facility must also be posted. Simply writing “dial 911” is not sufficient. The Central Display Posting must also include the name and active ingredient of the pesticides being applied as well as the EPA registration number and the site description of the area to be sprayed. The REI and the beginning and end time of the pesticide application must be listed.

Employers must also provide decontamination supplies for agricultural workers and pesticide handlers. Required decontamination supplies include water (1 gallon per agricultural workers and 3 gallons per pesticide handler), single use paper towels, water for emergency eye washing (1 pint per person) and a clean set of clothing.

Decontamination supplies can be no further than ¼ mile away from agricultural workers and onsite for pesticide handlers. Decontamination supplies must be made at available for at least 30 days after application. If the pesticide label has a 4 hour or less REI, then decontamination supplies only need to be available for at 7 days after application. If needed, employers must provide emergency assistance including transportation to the nearest emergency medical facility to agricultural workers and pesticide handlers. Employers must provide information on the pesticides being used and the circumstances of the exposure to the attending physician. Employers cannot fire or retaliate against workers that attempt to comply with the WPS. However, pesticide handlers that do not comply with the WPS can be fined by FDACS.

Common Pesticide Inspection Violations

The best way to prepare for a pesticide inspection is to conduct a self-evaluation. Keep pesticide records updated to help expedite the pesticide inspection. Records are required for all restricted use pesticides, organo-auxin herbicides and any pesticide application that falls under the WPS. Links to the Pesticide Use Inspection Report and WPS inspection form can be found at the end of the article. The most common violations involve improper central display posting, safety training and decontamination site.

Examples of violations involving improper central display posting include EPA safety posters that do not have the telephone number of the nearest emergency medical facility, or are unreadable or torn. Decontamination site violations include having cloth towels instead of single use paper towels or not having a clean change of clothing available. Other common violations include leaving pesticides unsecured while the transporting vehicle is unattended.

The following violations will result in a fine for first time offenders:

  • Failure to comply with workers-handlers REI
  • Failure to post treated areas to prevent entry during a REI
  • Failure to provide essential PPE

Other first time violations will receive a warning letter. If an inspector finds the same violation within a 3-year period, an administrative fine will be issued. Fines range from $500 to $10,000 per violation.

If you have any questions about agricultural pesticide inspections, contact the FDACS Bureau of Compliance Monitoring at (850) 617-7880. Pest Control Operators and landscapers should contact the FDACS Bureau of Entomology and Pest Control for questions about pesticide inspections.

References

Fishel, F.M.  2010.  Applying Pesticides Correctly.  University of Florida, Institute of Food and Agricultural Sciences.

Saavedra, M.  National Worker Safety Trainer Handbook.  National Association of State Departments of Agriculture Foundation.  

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