24619781, 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: 24619781

Notice of Development of Rulemaking

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.

SUBJECT:

5E-2.014: Sampling of Pesticides: Update the edition of the Official Methods of Analysis to provide the most current methods for sampling pesticides.  
5E-2.015: Methods of Analyses: Update the edition of the Official Methods of Analysis to provide the most current methods of analyses for pesticide formulations.  
5E-2.031: Pesticide Registration: Exemptions from Registration; Experimental Use Permits: Allow for non-electronic payment of pesticide registration fees.
5E-2.033: Organo-Auxin Herbicides: Restrictions and Prohibitions: Update of organo-auxin pesticides listed and addition of exemptions for application requirements as it relates to spray drift during application.

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:

6/8/2021 Vol. 47/110

RELATED STATUTES
AND LAWS:

487.041, 487.051(1)(b),(2), 487.051, 487.051(2), 487.154, 570.07(23) F.S., 487.031(10), (13)(e), 487.041, 487.042, 487.051, 487.051(1)(b), (2) 487.051(2), 487.071(2) F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=5E-2.014&PDate=6/8/2021&Section=1

REFERENCE MATERIALS:

No reference(s).

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