Fla. Stat. § 487.011
Popular name; administration
This part shall be known by the popular name the “Florida Pesticide Law” and shall be administered by the Department of Agriculture and Consumer Services.
Florida Statutes Chapter 487 — PESTICIDE REGULATION AND SAFETY
Florida · statute · Fla. Stat. ch. 487 · 40 active provisions
Fla. Stat. § 487.012
Declaration of purpose
The purpose of this part is to regulate the distribution, sale, and use of pesticides, except as provided in chapters 388 and 482, and to protect people and the environment from the adverse effects of pesticides.
Fla. Stat. § 487.021
Definitions
For the purpose of this part:(1) “Acceptable release rate” means a measured release rate not exceeding 4.0 micrograms per square centimeter per day at steady state conditions as determined in accordance with a United States Environmental Protection Agency testing data call-in notice of July 29, 1986, on tributyltin in…
Fla. Stat. § 487.025
Misbranding
(1) A pesticide or device is misbranded if its labeling bears any statement, design, or graphic representation which is false or misleading in any particular.(2) A pesticide is misbranded if:(a) It is an imitation of, or is offered for sale under the name of, another pesticide.(b) Its labeling bears any reference to re…
Fla. Stat. § 487.031
Prohibited acts
It is unlawful:(1) For any person to engage in the application of restricted-use pesticides, except as defined in chapters 388 and 482, without a certified applicator’s license issued by the department unless such person is doing so under the direct supervision of a licensee. However, all aerial applicators applying an…
Fla. Stat. § 487.041
Registration
(1)(a) Each brand of pesticide, as defined in s. 487.021, which is distributed, sold, or offered for sale, except as provided in this section, within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state must be register…
Fla. Stat. § 487.042
Restricted-use pesticides; designation
The department may designate by rule a pesticide, or a pesticide applied under certain conditions or for a certain purpose, as a “restricted-use pesticide” if the pesticide, when applied in accordance with its directions for use, warnings, and cautions, for uses for which it is registered or for one or more such uses,…
Fla. Stat. § 487.0435
License classification
The department shall issue certified applicator licenses in the following classifications: certified public applicator; certified private applicator; and certified commercial applicator. In addition, separate classifications and subclassifications may be specified by the department in rule as deemed necessary to carry…
Fla. Stat. § 487.0437
Direct infusion of chlorine gas
The department shall create, within the commercial applicator classification, a category for the direct infusion of chlorine gas in residential swimming pools by a portable system which dispenses chlorine gas registered with the United States Environmental Protection Agency and the Florida Department of Agriculture and…
Fla. Stat. § 487.044
Certification; examination
(1) The department may independently, or through the Institute of Food and Agricultural Sciences, develop a certification program, including an optional training session of at least 4 hours, designed to ensure the competency of those persons to whom the department issues licenses. A standard core examination shall be d…
Fla. Stat. § 487.045
Fees
(1) The department shall establish applicable fees by rule. The fees shall not exceed $250 for commercial applicators or $100 for private applicators and public applicators, for initial licensing and for each subsequent license renewal. The fees shall be determined annually and shall represent department costs associat…
Fla. Stat. § 487.046
Application; licensure
(1) Application for license shall be filed with the department by using a form prescribed by the department or by using the department’s website. Each application shall contain information regarding the applicant’s qualifications, proposed operations, and license classification or subclassifications, as prescribed by r…
Fla. Stat. § 487.047
Nonresident license; reciprocal agreement; authorized purchase
(1) The department may waive all or part of the examination requirements provided for in this part on a reciprocal basis with any other state or agency, or an Indian tribe, that has substantially the same or better standards.(2) Any nonresident applying for a license under this part to operate in the state shall file a…
Fla. Stat. § 487.048
Dealer’s license; records
(1) Each person holding or offering for sale, selling, or distributing restricted-use pesticides must obtain a dealer’s license from the department. Application for the license shall be filed with the department by using a form prescribed by the department or by using the department’s website. The license must be obtai…
Fla. Stat. § 487.049
Renewal; late fee; recertification
(1) The department shall require renewal of a certified applicator’s license at 4-year intervals from the date of issuance. If the application for renewal of any license provided for in this part is not filed on time, a late fee shall be assessed not to exceed $50. However, the penalty shall not apply if the renewal ap…
Fla. Stat. § 487.051
Administration; rules; procedure
(1) The department may by rule:(a) Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances.(b) Establish procedures for the taking and handling of samples and establish tolerances and deficiencies where not specifically provided for in…
Fla. Stat. § 487.064
Antisiphon requirements for irrigation systems
(1) Any irrigation system used for the application of pesticides must be equipped with an antisiphon device adequate to protect against contamination of the water supply. The requirements of this section shall also apply to water supply lines to pesticide mixing-loading equipment other than those systems which incorpor…
Fla. Stat. § 487.071
Enforcement, inspection, sampling, and analysis
(1) The department is authorized to enter upon any public or private premises or carrier where pesticides are known or thought to be distributed, sold, offered for sale, held, stored, or applied, during regular business hours in the performance of its duties relating to pesticides and records pertaining to pesticides.…
Fla. Stat. § 487.081
Exemptions
(1) The penalties provided for violations of s. 487.031(2) shall not apply to:(a) Any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier, upon request, permits the department or its designated agent to copy all records showing the transactions in and movement of the articles;(…
Fla. Stat. § 487.091
Tolerances, deficiencies, and penalties
(1) No deficiency will exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deficiency is greater than 3 percent of the amount guaranteed of one or more of the active ingredients or added ingredients claimed, except as provided by the department by rule.(2) If a pestic…
Fla. Stat. § 487.101
Stop-sale, stop-use, removal, or hold orders
(1) When a pesticide or device is being offered or exposed for sale, used, or held in violation of any of the provisions of this part, the department may issue and enforce a stop-sale, stop-use, removal, or hold order, in writing, to the owner or custodian of the pesticide or device, ordering that the pesticide or devi…
Fla. Stat. § 487.111
Seizure, condemnation, and sale
(1) Any lot of pesticide or device not in compliance with the provisions of this part is subject to seizure on complaint of the department to the circuit court in the county in which the pesticide or device is located. In the event the court finds the pesticide or device in violation of this part and orders it condemne…
Fla. Stat. § 487.13
Cooperation
The department is authorized and empowered to cooperate with and enter into agreements with any other agency of this state, the United States Department of Agriculture, the United States Environmental Protection Agency, and any other state or federal agency for the purpose of carrying out the provisions of this part an…
Fla. Stat. § 487.15
Reclamation, reimbursement, and disposal
(1) When the use of any pesticide registered or otherwise approved for use in this state is suspended or canceled to prevent harm to the public or the environment, the registrant, at its own expense, shall reclaim and provide reimbursement for that pesticide from any distributor, dealer, user, or other party possessing…
Fla. Stat. § 487.156
Governmental agencies
All governmental agencies shall be subject to the provisions of this part and rules adopted under this part. Public applicators using or supervising the use of restricted-use pesticides shall be subject to examination as provided in s. 487.044.
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