Chapter 487 Pesticide Regulation And Safety
Part I - Florida Pesticide Law (ss. 487.011-487.175)
- §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....
- §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...
- §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...
- §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...
- §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...
- §487.041 Registration.
(1)(a) Each brand of pesticide, as defined in s. 487.021, that is distributed, sold, or offered for sale, except as provided in this subsection, within this...
- §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...
- §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...
- §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...
- §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...
- §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,...
- §487.046 Application; licensure.
(1) Application for license shall be made in writing to the department on a form furnished by the department. Each application shall contain information regarding the...
- §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...
- §487.048 Dealer's license; records.
(1) Each person holding or offering for sale, selling, or distributing restricted-use pesticides shall obtain a dealer's license from the department. Application for the license shall...
- §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...
- §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...
- §487.0615 Pesticide Review Council.
(1)(a) There is created within the department the Pesticide Review Council. The purpose of the council is to advise the Commissioner of Agriculture regarding the sale,...
- §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....
- §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...
- §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...
- §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...
- §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,...
- §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...
- §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...
- §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...
- §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...
- §487.1585 Duties of licensee with respect to unlicensed applicators and mixer-loaders and field workers.
(1) Each licensed applicator shall provide to each unlicensed applicator or mixer-loader working under his or her direct supervision adequate instruction and training so that the...
- §487.159 Damage or injury to property, animal, or person; mandatory report of damage or injury; time for filing; failure to file.
(1) The person claiming damage or injury to property, animal, or human beings from application of a pesticide shall file with the department a written statement...
- §487.160 Records; report.
Licensed private applicators supervising 15 or more unlicensed applicators or mixer-loaders and licensed public applicators and licensed commercial applicators shall maintain records as the department...
- §487.161 Exemptions, nonagricultural pest control and research.
(1) Any person duly licensed or certified under chapter 482, or under the supervision of chapter 388, is exempted from the licensing provisions of this part....
- §487.163 Information; interagency cooperation.
(1) The department may, in cooperation with the University of Florida or other agencies of government, publish information and conduct short courses of instruction in the...
- §487.171 Classification of antifouling paint containing organotin compounds as restricted-use pesticides; prohibition of distribution and sale.
(1) The department shall classify antifouling paints containing organotin compounds having an acceptable release rate as restricted-use pesticides subject to the requirements of this part. Antifouling...
- §487.172 Educational program.
The department shall develop a program to educate and inform antifouling paint applicators, vessel owners, and interstate and intrastate paint manufacturers and distributors in the...
- §487.175 Penalties; administrative fine; injunction.
(1) In addition to any other penalty provided in this part, when the department finds any person, applicant, or licensee has violated any provision of this...
Part II - Florida Agricultural Worker
Safety Act (ss. 487.2011-487.2071)
- §487.2011 Popular name; administration.
This part may be known by the popular name the "Florida Agricultural Worker Safety Act" and shall be administered by the Department of Agriculture and...
- §487.2021 Legislative intent.
It is the intent of the Legislature to ensure that agricultural workers employed in the state receive protection from agricultural pesticides. The Legislature intends to...
- §487.2031 Definitions.
For the purposes of this part, the term: (1) "Agricultural employer" means any person who hires or contracts for the services of workers to perform activities...
- §487.2041 Enforcement of federal worker protection regulations.
The department shall, to the extent that resources are available, continue to operate under the United States Environmental Protection Agency regulations regarding the Labeling Requirement...
- §487.2042 Submission and investigation of complaints.
(1) The department shall cause to be investigated any complaint which is filed under this part if the complaint is in writing, signed by the complainant,...
- §487.2051 Availability of agricultural pesticide information to workers and medical personnel.
(1) An agricultural employer shall make available agricultural pesticide information concerning any agricultural pesticide to any worker: (a) Who enters an agricultural-pesticide-treated area on an agricultural establishment...
- §487.2061 Prohibited acts.
Any person covered by this part may not: (1) Fail to provide agricultural pesticide information as required in this part; or (2) Take retaliatory action. History.--s. 52,...
- §487.2071 Penalties against violators; worker relief; monitoring complaints of retaliation.
(1) Penalties set forth in this part shall be applied to any person who violates this part. A person who violates this part is subject to...
