Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-14 - ENTOMOLOGY - PEST CONTROL REGULATIONS › Part I - PUBLIC HEALTH AND SAFETY › Section 5E-14.111 - Fumigation Requirements - Application; Restrictions and Precautions

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of fumigation "structure"
				  shall mean: any building including its foundation, walls and roof but excluding
				  any surfacing portions such as driveways or walkways that merely lie on the
				  land and provide no means for a fumigant to pass outside of the fumigation
				  seal.
(2) Neither the structure nor
				  enclosed space to be fumigated nor any part or parts thereof shall be occupied
				  by persons during the fumigation period. In addition, structures or enclosed
				  spaces which are physically connected with the structure to be fumigated shall
				  not be occupied by persons during the fumigation period. (See subsections
				  5E-14.111(3) and
				  (4), F.A.C.)
(3) In the event one or more units in a
				  multi-unit structure (see subsection
				  5E-14.102(9),
				  F.A.C.) are to be fumigated, the entire multi-unit structure must be vacated
				  prior to fumigation and individually tested for clearance in accordance with
				  label instructions following fumigation. If these requirements cannot be met,
				  the fumigation shall not be performed.
(4) It shall be the duty of the certified
				  operator in charge or his designated special fumigation identification card
				  holder to be present and personally make a careful examination of all parts of
				  the structure to be fumigated, such as locked rooms, compartments, closets,
				  enclosed spaces and any connected structures, to verify that no persons have
				  remained therein.
(5) Fumigation of
				  structures shall be performed in strict accordance with the registered label
				  and labeling directions and precautions for the intended use and type of
				  structure, provided there is sufficient distance along the entire length of the
				  passageway between the structure(s) to be fumigated and all adjacent occupied
				  structure(s) to allow visible inspection, with or without egress, for connected
				  structures as defined in subsection
				  5E-14.102(17),
				  F.A.C., and inspection for and sealing of exterior openings, such as vents,
				  windows, etc., that require sealing for adequate fumigant confinement. If these
				  requirements cannot be met, the fumigation shall not be performed unless the
				  adjacent structure(s) is vacated.
(6) When fumigating structures with methyl
				  bromide, sulfuryl fluoride or any other relatively odorless gas, technical
				  chloropicrin shall be used separately as a warning agent immediately prior to
				  release of the relatively odorless gas at the rate of not less than one fluid
				  ounce per 15, 000 cubic feet of space to be fumigated or as otherwise directed
				  by fumigant label.
Exceptions: This section shall not apply to the fumigation
					 of common carriers (trucks, box cars, refrigerator cars), the fumigation of
					 tobacco warehouses and factories, the fumigation in tanks, vaults or chambers,
					 or the fumigation of commodities in industrial areas when it has been
					 determined by prior inspection by the certified operator in charge that no
					 danger to human life or health exists unless required by the fumigant
					 label.
(7) The structure or
				  enclosed space must be made as gas-tight as is practicable. Structures or
				  enclosed spaces which cannot be made reasonably gas-tight by sealing or tenting
				  shall not be fumigated.
Rulemaking Authority 482.051 FS. Law Implemented
						482.051(1), 482.152, 482.241 FS.
New 1-1-77, Amended 6-27-79, 6-22-83, Formerly
						10D-55.111, Amended 8-11-93, 9-17-08,
						9-6-10.