24630257, 5E-2.014 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 24630257

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

PESTICIDES

Overview

RULE:

5E-2.014	Sampling of Pesticides
5E-2.015	Methods of Analyses
5E-2.031	Pesticide Registration; Exemptions from Registration; Experimental Use Permits
5E-2.033	Organo-Auxin Herbicides: Restrictions and Prohibitions

PURPOSE:

5E-2.014 Sampling of Pesticides:  The proposed rule change is being made to update the edition of the Official Methods of Analysis, Association of Official Analytical Chemists from the 15th Edition, 1990 to the 21st Edition,  2019.  This will provide for the most current methods for sampling pesticides.  
5E-2.015 Method of Analyses:  The proposed rule change is being made to update the edition of the Official Methods of Analysis, Association of Official Analytical Chemists from the 15th Edition, 1990 to the 21st Edition, 2019.  This will provide for the most current methods for analyzing pesticides.  
5E-2.031 Pesticide Registration; Exemptions from Registration; Experimental Use Permits: The proposed rule changes are being developed to align the rule with changes to 487.041 F.S. made in 2018. The following sentence, “Effective January 1, 2013, all payments of any pesticide registration fees, including late fees, shall be submitted 
electronically using the department’s Internet website for registration of pesticide product brands” is to be removed.
5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions: Overall the proposed rule changes are being developed to update this rule with the new organo-auxins that have been registered in the state and are not specifically mentioned in the rule and to remove others that are no longer registered in the state.  This will help users of this type of herbicides to better identify members of this herbicide group and be aware of the additional restrictions for application that go beyond those of the label.  Minor grammar edits and wording are also proposed to improve clarity and intent of the rule, so applicators are less likely to misinterpret and be in violation. Exemptions for specific types of applications where spray drift is not a concern are also proposed, adding an additional tool for weed control that may provide benefits for surface water quality and may be less of a concern for Threatened and Endangered Species and may also be more efficient and economical to the user in the long term than other types of herbicides or control practices.

SUMMARY:

Rules 5E-2.014 and 5E-2.015 are being amended to update the reference for the sampling of pesticides, and for the methods of analyses for pesticide formulations from the Official Methods of Analysis, Association of Official Analytical Chemists (15th Edition,  1990) to the Official Methods of Analysis, Association of Official Analytical Chemists (21st Edition, 2019).  These proposed rule changes will enable inspectors to have access to the most current methods for sampling pesticides and  will enable the laboratory analysts to have access to the most current methods of analysis for pesticide formulations.
Rule 5E-2.031  is being amended to incorporate by reference the Application for New or Amended Pesticide Product Brand Registration Form FDACS 13342 Rev. 08/20.  Rule 5E-2.033 is over 30 years old and has served Florida well in limiting spray drift and subsequent damage to adjacent crops and natural areas. The rule was primarily developed to address problems experienced in South Florida due to spray drift of the highly volatile forms of 2,4-D causing damage to vegetable crops.  Since the activation of the rule, some of the forms and types of organo-auxins mentioned in the rule are no longer registered in the state and no longer need to be included in the rule. Conversely, new organo-auxin herbicides have been registered in the state and need to be added to the rule to better notify applicators of the additional restrictions required for the application of this herbicide class. The proposed rule changes will also include exemptions for specific applications where spray drift during application is not a concern thus proving additional tools for applicators to control weeds which may be a gain for the state environmentally with respect to surface water quality and reduced impacts to Threatened and Endangered species and may be more efficient and economical for the applicator.  Grammar edits and sentence wording are also being proposed to improve the clarity and intent of the rule, so applicators are less likely to misinterpret and be in violation.

RULEMAKING AUTHORITY:

487.041, 487.051(1)(b),(2), 487.051, 487.051(2), 487.154, 570.07(23) F.S.

LAW:

487.031(10), (13)(e), 487.041, 487.042, 487.051, 487.051(1)(b), (2) 487.051(2), 487.071(2) F.S.

PRINT PUBLISH DATE:

6/15/2021 Vol. 47/115

COMMENTS:

From 6/15/2021 To 7/6/2021 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-04759 Notice of Supplemental Distribution of a Registered Pesticide Product, EPA Form 8570-5, (Rev. 8-94)

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