reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.031 - Pesticide Registration; Exemptions from Registration; Experimental Use Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) For each
				application for any new, amended, or renewed pesticide registration, the
				department may require, in support of registration for sale and use in the
				State of Florida, summaries of data from pesticide efficacy studies and
				submission of scientific evidence that the pesticide will not cause any
				unreasonable adverse effects on public health or the environment.
(a) Material submitted to the department
				considered by the registrant to contain trade secrets or to be confidential
				shall be clearly marked "confidential" by the applicant or registrant.
				Confidential material shall not be distributed to any persons other than those
				specified by Chapter 487, F.S. Public disclosure of confidential data by any
				person to whom the data has been distributed shall be unlawful as provided in
				Section 487.031(5),
				F.S.
(b) Data considered
				confidential property of another registrant or manufacturer may be cited in an
				application to the department if written permission has been obtained from that
				registrant or manufacturer and is submitted to the department with the
				application.
(c) The department,
				upon finding that an applicant or registrant has withheld results or has
				submitted false or inaccurate data which precludes the department's ability to
				conduct valid risk assessments, shall initiate action to deny, cancel, or
				suspend registration pursuant to Section 487.041 and Chapter 120,
				F.S.
(d) Those registrants whose
				end-use product must be registered in Florida pursuant to Section
				487.041(1),
				F.S., but which do not manufacture the federally registered basic technical
				grade material shall comply with the data requirements of this rule only as it
				pertains to the end-use product. Such registrants shall request the
				manufacturer supplying the basic technical grade material to provide the
				department with required data as it pertains to the technical grade
				material.
(e) The department will
				waive specific data requirement provisions of this rule for registration of
				products for which such data requirements are not pertinent to risk assessment
				procedures or for those applications for registration for which the department
				possesses a sufficient data base. The United States Environmental Protection
				Agency (EPA) "exclusive use of data" provisions of Section 3 of the Federal
				Insecticide, Fungicide, and Rodenticide Act (FIFRA), September 28, 2012, which
				is hereby adopted and incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04758
shall be recognized.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.0311 - Performance Standards and Acceptable Test Conditions for Preventive Termite Treatments for New Construction

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Performance standards for preventive termite treatments for new construction.
				The registrant of any pesticide product containing a label statement that
				includes directions for use as a preventive treatment for subterranean termites
				for new construction shall provide data to the Department demonstrating that
				the product meets the performance standard specified for the type of pesticide
				product listed below. For products registered prior to the effective date of
				the rule, the registrant shall have one year from the effective date of the
				rule to provide the data required to meet the performance standards or the
				period of time specified to meet the test conditions herein, whichever is
				greater. When data generation requires more than one (1) year, the registrant
				shall provide annual reports to the Department. In the event that a performance
				standard is not met during the test period, the provisions of Section
				487.041(4)(e),
				F.S., shall apply.
(a) For soil applied
				residual treatments:
1. In field plot tests,
				subterranean termite damage to wood in the test must equal a rating of 9 or
				higher under the Standard Test Method of Evaluating Wood Preservatives by field
				tests with stakes, 1996, ASTM D1758-96 scale (available from ASTM
				International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
				Pennsylvania, USA 19428-2959), in at least 90% of test samples for a minimum of
				five years. For products registered before the effective date of this rule, the
				test must equal a scale rating of 1 or better using the United States
				Department of Agriculture Forest Service wood damage rating scale, (modified
				from Verrall, A.F. 1959. Preservative moisture-repellent treatments for wooden
				packing boxes. For. Prod. J. 9: 1-22, available from Wood Products Insect
				Research Unit, 201 Lincoln Green, Starkville, MS 39759) or an ASTM scale rating
				of 9 or higher using ASTM D1758-96 in at least 90% of test samples for a
				minimum of five years.
2. In field
				plot tests, if the data meets the conditions of subparagraph (1)(a)1. above,
				then the product tested shall be considered to meet the requirement that it
				protects the structure and its contents from subterranean termite
				damage.
3. For products with label
				directions that allow preventative treatments for new construction other than
				complete coverage under a foundation, the product shall meet the performance
				standard specified in subparagraph (1)(d)2., and data provided to demonstrate
				that the performance standard was met shall be developed in accordance with
				paragraph (2)(c).
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.0312 - Additional Registration Requirements for Registrants of Structural Fumigants Labeled for Application to Residential Structures

Current through Reg. 50, No. 138; July 16, 2024
(1) Stewardship Policy. Each registrant of a
				residential fumigant shall adopt and maintain a written Stewardship Policy
				applicable to each residential fumigant registered with the department.
				Registrants must submit a copy of each Stewardship Policy to the department
				prior to selling or distributing a residential fumigant in the state of Florida
				and within 30 days of making any changes to the policy. A registrant shall not
				sell or distribute a residential fumigant to any licensee who has not agreed,
				in writing, to the Stewardship Policy for the residential fumigant sold or
				distributed.
(2) The Stewardship
				Policy shall include the following:
(a)
				Training requirements. All stewardship training shall be conducted by the
				registrant or their designated representative including distributors and
				contractors, for all fumigation employees that perform fumigation using the
				registrant's residential fumigant.
1. There
				shall be an Initial Stewardship Training and an Annual Stewardship Training.
				All related courses, sessions, and instruction must be identified
				accordingly.
2. The Initial
				Stewardship Training shall include:
a. Proper
				use, handling, and storage of the registrant's residential fumigant;
b. The proper use and calibration
				requirements for label-approved clearance detection devices;
c. The proper use of label-required safety
				equipment including the self contained breathing apparatus;
d. Review of the label, manual, Safety Data
				Sheets, safety procedures, and Stewardship Policy for the registrant's
				residential fumigant; and,
e.
				Dosage calculation for the registrant's residential
				fumigant.
3. The Annual
				Stewardship Training shall include:
a. Review
				of the proper use, handling, and care of safety equipment and clearance
				detection devices;
b. Review of
				labeling and registrant stewardship requirements for worker protection and
				public safety;
c. Review of any
				updates to registrant's residential fumigant labeling; and,
d. Review of any updates to registrant's
				residential fumigant Stewardship Policy.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.032 - Exemption from Pesticide Registration Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 487.07(23), 487.051 FS. Law
					 Implemented 487.041, 487.042, 487.043, 487.051, 487.0615
					 FS.
New 2-20-85, Formerly 5E-2.32, Repealed
					 7-18-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.033 - Organo-Auxin Herbicides: Restrictions and Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Synthetic organo-auxin herbicides: The
				synthetic organo-auxin herbicides are defined as herbicides which produce
				hormonal auxin type effects on plants similar to the effects of 2, 4-D.
				Organo-auxin herbicides include but are not limited to all of the forms of
				herbicides such as:
(a) 2, 4-D,
(b) MCPA,
(c) 2, 4-DP, Dichloroprop,
(d) Mecoprop,
(e) Dicamba,
(f) Triclopyr,
(g) 2, 4-DB,
(h) Clopyralid,
(i) Fluroxypyr,
(j) Aminopyralid,
(k) Aminocyclopyrachlor,
(l) Quinclorac,
(m) Diflufenzopyr,
(n) Florpyrauxifen-benzyl,
(o) Picloram.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.034 - Confidential Business Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 487.043(1), 487.051(2), (4),
					 570.07(23) FS. Law Implemented
					 487.031(3),
					 487.041(3),
					 487.043(1),
					 487.0615(2)(b), (d), (e),
					 (g),
					 487.091(2), (3)
					 FS.
New 3-19-86, Repealed
					 7-18-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.036 - Restrictions on the Use of Methyl Bromide as a Soil Fumigant; Application Equipment Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 487.042,
					 487.051(1)(b),
					 487.051(2),
					 570.07(23) FS. Law Implemented 487.042, 487.051(1)(b), 487.051(2)
					 FS.
New 1-31-91, Amended 7-18-95, Repealed
					 6-26-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.037 - Prohibition of Alachlor Use

Current through Reg. 50, No. 138; July 16, 2024
(1) Effective
				February 25, 1991, the use of all pesticide products containing alachlor is
				prohibited within the state.
(2)
				All products containing alachlor in the possession of any person on or after
				February 25, 1991, are ordered withheld from use, sale, or further distribution
				within the state.
(3) This
				prohibition does not apply to use for experimental or research purposes
				authorized by the United States Environmental Protection Agency and by this
				department.
Rulemaking Authority 487.051(1)(b), 570.07(23) FS. Law
					 Implemented 487.051(1)(b), 487.051(2)
					 FS.
New 2-24-91, Amended
					 7-18-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.038 - Restrictions on Use of Bromacil in Citrus; Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. The following definitions
				shall apply to this rule:
(a) "Available
				water capacity" means the ability of the soil to hold water available for use
				by most plants and commonly expressed as inches of water per inch of
				soil.
(b) "Bedrock" means the solid
				rock that underlies the soil and other consolidated material or that is exposed
				at the surface.
(c) "Drainage
				class" refers to the frequency and duration of periods of saturation or partial
				saturation during soil formation.
(d) "Poorly drained" means that soil drainage
				class where water is removed so slowly that the soil is saturated periodically
				during the growing season or remains wet for long periods.
(e) "Horizon" means a layer of soil,
				approximately parallel to the surface, having distinct characteristics produced
				by soil forming processes.
(f)
				"Permeability" means the quality of the soil that enables water to move through
				the soil and is measured as the number of inches per hour that water moves
				through the saturated soil.
(g)
				"Permeable, better drained soils" means those soils that are in a drainage
				class where water is removed more rapidly than in poorly drained soils, and
				have a permeability of six inches per hour or more, and an available water
				capacity of 0.10 inch per inch of soil or less, in all horizons to a depth of
				80 inches or to bedrock if bedrock is within 80 inches of the
				surface.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.039 - Worker Protection Standard

Current through Reg. 50, No. 138; July 16, 2024
The worker protection standard for agricultural pesticides as
				  specified in 40 CFR 170, revised as of July 1, 2017, is hereby adopted by
				  reference. Copies of this regulation may be obtained from the Superintendent of
				  Documents, P.O. Box 979050, St. Louis, MO 63197-9000 or by phone at
				  (202)512-1800; or by contacting the Division of Agricultural Environmental
				  Services, 3125 Conner Blvd., Suite E, Tallahassee, FL 32399, or online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09406
.
Rulemaking Authority 487.051, 570.07(23) FS. Law
					 Implemented 487.051(2), 487.2041 FS.
New 4-5-94, Amended 7-18-95,
					 5-30-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.040 - Pesticide Active Ingredients Subject to Supplemental Registration Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 487.041(1)(d), (2), 570.07(23) FS. Law
					 Implemented 487.041(1)(d), (2) FS.
New 12-15-09, Amended 6-26-12, 4-8-15, Repealed
					 12-17-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.041 - Materials Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
The Department will use the following materials in
				  performance of its inspection, sampling, analysis, and enforcement duties
				  prescribed in law. The following documents are hereby adopted and incorporated
				  by reference. These documents may be obtained by contacting the Florida
				  Department of Agriculture and Consumer Services, Bureau of Inspection and
				  Incident Response, 3125 Conner Boulevard, Suite N, Tallahassee, Florida
				  32399-1650 and are available online as indicated.
(1) Field Advisory Notice (FDACS-13374 Rev.
				02/13),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02397
.
(2) Notification of Claim for Damages from
				Pesticide Application (FDACS-13375 Rev. 08/12),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02398
.
(3) Worker Protection Standard Inspection
				Form (FDACS-13240 Rev. 01/18),
https://www.flrules.org/Gateway/reference.asp?No=Ref-09407
.
Rulemaking Authority 570.07(23) FS. Law Implemented
					 487.031, 487.048, 487.071, 487.081, 487.159, 487.2041, 504.14, 570.07(22),
					 576.051, 578.11, 580.036 FS.
New 4-18-13, Amended
					 5-30-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.042 - Secondary Containment Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				standards applicable to secondary containment of containers of dry pesticides
				and to containment pads of liquid and dry pesticides for pesticide dispensing
				activities at facilities identified in
				40 CFR
				165.80(b) (2008) are set
				forth and specified in 40
				CFR 165.3,
				165.80(b),
				165.81,
				165.82,
				165.83,
				165.85(a),
				165.85(b),
				165.85(c)(3),
				(4),
				165.85(e),
				165.85(f),
				165.87(a),
				165.87(b),
				165.87(c)(2),
				(3),
				165.87(e),
				165.87(f),
				165.90 and
				165.95 (2008).
(2) All federal regulations contained in this
				rule are hereby adopted and incorporated by reference and may be obtained on
				the U.S. Government Printing Office's Website
http://www.gpo.gov/fdsys/search/home.action
,
				or from the Superintendent of Documents, Attn: New Orders, P.O. Box 371954,
				Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the Government
				Printing Office order desk at (202)512-1800.
Rulemaking Authority 487.051, 570.07(23) FS. Law
					 Implemented 487.051(2) FS.
New 8-3-10.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.043 - Restrictions for the use of Allyl Isothiocyanate

Current through Reg. 50, No. 138; July 16, 2024
(1) Any soil fumigant containing allyl
				isothiocyanate shall be classified as a restricted-use pesticide in Florida
				pursuant to Section 487.042, F.S.
(2) A Designated Agent, as defined in Rule
				5E-2.0105, F.A.C., must be
				present at the application site during all phases of allyl isothiocyanate soil
				application.
Rulemaking Authority 487.042, 570.07(23) FS. Law
					 Implemented 487.031(1), 487.042 FS.
New 4-16-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.001 - Brand and Product Names

Current through Reg. 50, No. 138; July 16, 2024
(1) The brand or
				product name shall not be misleading. If the name indicates the feed is made
				for a specific use the character of the feed must conform therewith. A mixture
				labeled "Dairy feed, " for example, shall be suitable for that
				purpose.
(2) A name of a
				nonmedicated feed shall not be derived from one or more ingredients of a
				mixture to the exclusion of other ingredients and shall not be one representing
				any component of a mixture unless all components are included in the
				name.
(3) The word "Vitamin", or
				contraction thereof, or any word suggesting "Vitamin", can be used only in the
				name of a feed which is represented to be a vitamin supplement, and which is
				labeled with the minimum content of each vitamin declared, as specified in
				subsection 5E-3.002(3),
				F.A.C.
(4) The term "mineralized"
				shall not be used in the name of a feed except "Trace Mineralized Salt". When
				so used, the product shall contain and the label guarantee significant amounts
				of trace minerals which are recognized as essential for animal
				nutrition.
(5) When the brand name
				carries a percentage value it shall be understood to signify protein content.
				If any other percentage values are used in brand names they shall be followed
				by the proper description.
(6) The
				word "protein" shall not be permitted in the product name of a feed that
				contains added non-protein nitrogen.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.051(1)(c), 580.081, 580.112(9)
					 FS.
New 12-30-70, Formerly
					 5E-3.01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.002 - Expression of Guarantees

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				sliding-scale method of expressing guarantees (for example, Crude Protein
				15-18%) is prohibited. Crude protein, crude fat, and crude fiber shall be
				guaranteed to the closest one tenth percent.
(2) Drugs in commercial feeds shall be
				guaranteed in terms of percentage by weight except that the antibiotics present
				at less than 2000 grams (total) of antibiotics per ton of feed shall be
				guaranteed in terms of grams per ton of feed or when present at 2000 grams per
				ton or more they shall be guaranteed in terms of grams per pound of feed. The
				term "milligrams per pound" may be used, in addition to the percentage
				declarations for drugs, including antibiotics, on the label only in those cases
				where a dosage is given as "milligrams per day" in the feeding
				directions.
(3) Guarantees of
				minimum vitamin content of feeds and feed supplements shall be stated in units
				or milligrams per pound as provided herein, except products in containers of
				less than one pound may show units or milligrams per ounce; Vitamin E in USP
				Units, or International Units, Vitamin A, other than precursors of Vitamin A,
				in USP Units, Vitamin D in products offered for poultry feeding in
				International Chick Units, Vitamin D for other uses in USP Units, all other
				vitamins, as true vitamins, not compounds, excepting only pyridoxine
				hydrochloride, choline chloride, and thiamine; oils and concentrates containing
				Vitamin A and Vitamin D or both may be additionally labeled to show vitamin
				content in units per gram; and providing that the term "d-pantothenic acid" be
				used in stating the pantothenic acid guarantee.
(4) Minerals, except salt (NaCl), when
				quantitatively guaranteed, shall be stated in terms of percentage of the
				element.
(5) Liquid feeds, liquid
				feed supplements and protein blocks shall be guaranteed and labeled to show the
				minimum percent of crude protein; the maximum percent of equivalent protein
				from nonprotein nitrogen provided a source is included in the formula; the
				minimum percent of crude fat provided a source is included; the maximum percent
				of moisture; the minimum percent of total sugars expressed as invert provided
				molasses or other source of sugar is used as the base; and the minimum
				percentages of calcium and phosphorus. Guarantees for other minerals and
				vitamins when listed as ingredients shall be shown on the
				label.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.051, 580.081 FS.
New 12-20-70, Amended 2-12-72, 10-16-74, Formerly 5E-3.02,
					 Amended 6-1-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.004 - Ingredient Statement

Current through Reg. 50, No. 138; July 16, 2024
(1) Each ingredient
				shall be specifically named (the names and definitions identified in "Official
				Publication 2019" published by the Association of American Feed Control
				Officials shall be used as the common or usual names unless the Department of
				Agriculture and Consumer Services designates otherwise by rule), except that
				collective terms for a group of ingredients which perform a similar function
				may be used on labels for all commercial feed except horse feed. Collective
				terms recognize a general classification of ingredient origin but do not imply
				equivalent nutritional values. The following collective terms may be used in
				lieu of each ingredient term provided that only those ingredients defined by
				Association of American Feed Control Officials within each collective term are
				included:
Animal Protein Products
Grain Products
Plant Protein Products
Processed Grain By-Products
Forage Products
Roughage Products
Molasses Products
(a) For any given lot the manufacturer shall
				provide the department or consumer, upon request, the specific names of the
				ingredients used within each collective term.
(b) When a collective term for a group of
				ingredients is used on the label, individual ingredients within that group
				shall not be listed, except that labels for customer formula feeds shall show
				the names of specific ingredients within a collective term, when the customer
				requests that certain ingredients be added to a regular
				brand.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.005 - Labels

Current through Reg. 50, No. 138; July 16, 2024
(1) The information required in Section
				580.051, F.S., shall appear in
				its entirety on one side of the label, or on one side of the container, except
				as provided in Rules 5E-3.008 and
				5E-3.014, F.A.C., and further
				provided that precautions and directions for use may appear on the reverse side
				of the label. The information shall not be subordinated or obscured by other
				statements and designs.
(2) A
				package or a bulk lot of feed shall not be accompanied by conflicting labeling
				on tags, containers, delivery ticket or invoice.
(3) The month, day and year of manufacture of
				the commercial feed, for ratites only, which information shall appear on the
				label or the container in a conspicuous place, plainly written or printed in
				the English language when distributed in bags and when sold at
				retail.
(4) Pet food, pet treats,
				specialty pet food and specialty pet treats consisting of or containing Hemp
				extract must be labeled as required in Section
				581.217(7),
				F.S, and must declare the number of milligrams of Hemp extract.
(5) If specific cannabinoids are claimed, the
				number of milligrams of each cannabinoid per serving must be declared on the
				label. The serving size shall be displayed on the label of the
				product.
(6) The label and labeling
				for pet food, pet treats, specialty pet food and specialty pet treats
				consisting of or containing Hemp extract shall not contain claims indicating
				the product is intended for diagnosis, cure, mitigation, treatment, or
				prevention of disease rendering it a drug as defined by Section
				580.031(9),
				F.S.
(7) Pet food, pet treats,
				specialty pet food and specialty pet treats consisting of or containing Hemp
				extract shall be labeled "Not for human consumption."
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.031(9), 580.051, 580.081, 580.112, 581.217(7)
					 FS.
New 12-30-70, Formerly 5E-3.05, Amended 3-5-89, 9-19-94,
					 6-1-95, 1-1-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.006 - Minerals

Current through Reg. 50, No. 138; July 16, 2024
(1) Mineral phosphatic materials, including
				bone products, for feeding purposes shall be labeled with a guarantee for the
				minimum percentages of calcium and phosphorus, and the maximum percentage of
				fluorine.
(2) The fluorine content
				of a mixed feed shall not exceed one part of fluorine to forty parts of
				phosphorus.
(3) Mixed feeds
				containing more than 10% mineral ingredients, but not more than 50%, shall be
				labeled to show in addition to the requirements in Section
				580.051, F.S.:
(a) The minimum percentage of calcium (Ca),
(b) The minimum percentage of
				phosphorus (P),
(c) The maximum
				percentage of salt (NaCl).
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.007 - Urea and Ammonium Compounds

Current through Reg. 50, No. 138; July 16, 2024
Urea and ammonium compounds are acceptable ingredients in
				  mixed ruminant feeds, provided the crude protein guarantee of the feed is
				  modified by the following statement after an appropriate value has been
				  inserted in the blank space: "This includes not more than ___% equivalent
				  protein from non-protein nitrogen." If the equivalent protein from non-protein
				  nitrogen in a feed exceeds one third of the total crude protein, or if more
				  than 8.75% equivalent protein is from non-protein nitrogen, the label shall
				  bear (1) a statement of proper usage and (2) the following statement in type of
				  such conspicuousness as to render it likely to be read and understood by
				  ordinary individuals under customary conditions of purchase and use: "Warning:
				  This feed should be used only in accordance with directions furnished on the
				  label." Mixed feeds, other than those intended for ruminants, may contain small
				  amounts of added urea and ammonium compounds, provided good and sufficient
				  cause has been furnished in writing to the Department of Agriculture and
				  Consumer Services.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.051(1)(d), (f), 580.071(1), (5), 580.081, 580.112
					 FS.
New 12-30-70, Formerly
					 5E-3.07.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.008 - Medicated Feed

Current through Reg. 50, No. 138; July 16, 2024
(1) Before
				distribution in Florida, a feed containing an active drug ingredient shall be
				labeled to show the information required by Chapter 580, F.S., and all labeling
				required by the Federal Food and Drug Administration.
(2) Customer-formula medicated feeds shall
				have the labeling required under subsection (1) on each label for the lot
				except that the statement of purpose of the medication and the feeding
				directions may be attached to the delivery ticket supplied to the purchaser
				with the delivery.
(3) Mixed feed
				described under Section
				580.031(2)(c),
				F.S., shall bear the labeling required for customer-formula medicated feed if
				an active drug ingredient is present.
(4) The regulations prescribing good
				manufacturing practices for medicated feeds as published in the Code of Federal
				Regulations, Title 21, Part 225, and for medicated premixes as published in
				Title 21, Part 226, as of 4/1/01, are adopted as good manufacturing practices
				under Chapter 580, F.S.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.051(1)(c), 580.071(1), (3), 580.081, 580.112
					 FS.
New 12-30-70, 4-3-85, Formerly 5E-3.08, Amended 6-1-95,
					 11-14-01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.009 - Nonnutritive Ingredients

Current through Reg. 50, No. 138; July 16, 2024
Nonnutritive inert ingredients shall not be used in
				  commercial feeds with the following exceptions:
(1) Customer-formula feeds may contain such
				ingredients at the customer's request.
(2) Charcoal may be used provided the
				percentage is declared on the label when more than 1% is present.
(3) Grit may be used in poultry feeds,
				provided the percentage is declared on the label.
(4) Kaolin, talc and similar materials may be
				used for anti-caking purposes, provided the percentage is shown on the label
				when more than 1% is present.
(5)
				Mineral oil, petroleum jelly, petrolatum and similar materials may be used as a
				dust control agent in mineral mixtures, provided the total of all such
				materials will not exceed 3% in the mineral mixture and will not exceed 0.06%
				in the total ration.
(6) Bentonite,
				furfural residue and other pelleting aids may be used, provided the percentage
				is declared on the label.
(7)
				Vermiculite may be used, provided the percentage is declared on the
				label.
(8) Microcrystalline wax,
				gelatin, pectin and similar vitamin carriers may be used where
				appropriate.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.031, 580.051(1)(d), (f), 580.071(1), (3), 580.081, 580.112
					 FS.
New 12-30-70, Formerly
					 5E-3.09.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.010 - Pet Foods (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 470.07(23), 580.101 FS. Law
					 Implemented 580.031(7), (8), 580.051(1)(e), 580.071, 580.081, 580.112
					 FS.
New 12-30-70, Formerly 5E-3.10, Amended 7-16-87, Repealed
					 6-1-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.011 - Sterilization of Anthrax-producing Organisms in Certain Products

Current through Reg. 50, No. 138; July 16, 2024
(1) No bone meal, blood meal, meat meal, meat
				scrap, digester tankage, meat meal tankage, or feeding tankage shall be sold,
				offered for sale or used in commercial feed in the State of Florida, unless
				such products have been so sterilized by heat as to destroy all anthrax
				organisms and their spores.
(2) For
				the purposes of this section, sterilization shall be considered adequate if
				each and every part of the product has been exposed to steam under at least
				250º F. for 30 minutes or dry heating at a temperature of at least
				284º F. for not less than 3 hours or the equivalent thereof, provided that
				all parts of the material reach the temperature as above indicated. Such
				products mentioned in subsection (1) shall not be distributed in a manner as to
				cause recontamination with anthrax organisms or their spores.
(3) When such products mentioned in
				subsection (1) are distributed to dealers in Florida they shall be accompanied
				by a statement guaranteeing compliance with the requirements of subsections (1)
				and (2).
Rulemaking Authority 580.07(23), 580.036(2) FS. Law
					 Implemented 580.071(1), 580.112(1), (2)
					 FS.
New 12-30-70, Formerly
					 5E-3.11.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.012 - Animals for Which Feeds Are Covered By Law (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 480.101, 580.031(4) FS. Law
					 Implemented 580.031(4) FS.
New 12-30-70, Formerly 5E-3.12, Repealed
					 4-1-76.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.013 - Minimum Standards for Feed Materials

Current through Reg. 50, No. 138; July 16, 2024
The minimum standards for feed and feedstuff are those set
				  forth in the "Official Publication 2001" published by the Association of
				  American Feed Control Officials.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.051(1)(c) FS.
New 12-30-70, Formerly 5E-3.13, Amended 6-1-95,
					 11-14-01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.014 - Customer-Formula Feed

Current through Reg. 50, No. 138; July 16, 2024
(1) The label for a
				customer-formula feed shall show, in addition to the information required by
				Section 580.051(2),
				F.S., the words "mixed for" followed by the name and address of the customer,
				except that the brand name may be omitted. When the customer requests that
				certain ingredients be added to a regular brand, the base feed label may be
				used along with the names of other ingredients added, provided that the
				protein, fat and fiber guarantees are not affected. Where appropriate, the
				words "added drug ingredient(s)" shall be shown, followed by the name(s) and
				amount(s) of the drug(s). If it is necessary to use the reverse side of a tag
				to show added labeling, the words "Customer-formula feed - see reverse side"
				shall be stamped on the front of the label, in such a manner as not to obscure
				the base feed labeling.
(2) A
				customer-formula feed may contain any ingredients requested by the customer
				subject to the limitation in subsection
				5E-3.008(1),
				F.A.C.
(3) The mixer of a
				customer-formula feed shall keep the signed formula in his records for a period
				of twelve months following the last delivery of such feed.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.051(2), 580.071(1), (3), 580.081, 580.112
					 FS.
New 12-30-70, Formerly 5E-3.14, Amended 6-1-95,
					 11-14-01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.015 - Master Registration Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Application For Master Registration (Form DACS-13244, Rev. 6/01) shall be
				submitted annually by each commercial feed distributor and shall be accompanied
				by a fee established in Section
				580.041, F.S.
(2) The Application For Master Registration
				(Form DACS-13244, Rev. 6/01) is hereby incorporated by reference. Copies may be
				obtained from the Florida Department of Agriculture and Consumer Services,
				Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8,
				Tallahassee, Florida 32399-1650.
Rulemaking Authority 570.07(23), 580.036(2) FS. Law
					 Implemented 580.041(1) FS.
New 12-30-70, Formerly 5E-3.15, Amended 10-3-91, 6-1-95,
					 11-14-01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.016 - Tolerances for Nutrients, Minerals, Medicaments, Aflatoxin, Pesticide Residues and Weight

Current through Reg. 50, No. 138; July 16, 2024
The following tolerances or analytical variations will be
				  permitted in determining whether or not a commercial feed or feed stuff is
				  deficient or excessive in any nutrient, medicament, aflatoxin, pesticide
				  residue or weight:
Tolerances
(1) Nutritive guarantees:
(a) Moisture
4%
(b) Protein 0-20%
1%
(c) Protein over 20%
2%
(d) Fat
0.5%
(e) Fiber 0-20%
1%
(f) Fiber over 20%
2%
(g) Ash
3%
(h) Equiv. Protein from NPN (Excess)
5% or > than max guarantee
(i) Total Sugar as Invert
2%
(j) Brix
2%
(2) Minerals:
(a) Calcium (Ca)
*
(b) Phosphorus (P)
*
(c) Salt (NaCl)
**
(d) Iron (Fe)
***
(e) Magnesium (Mg)
***
(f) Zinc (Zn)
50% of Guarantee
(g) Copper (Cu)
50% of Guarantee
(h) Cobalt (Co)
50% of Guarantee
(i) Manganese (Mn)
50% of Guarantee
(j) Potassium (K)
***
* 10% of Guarantee but not less than 0.4%
** 10% of Guarantee but not less than 0.5%
*** 20% of Guarantee but not less than 0.05%
(3) Antibiotics and Drugs: A deficiency shall
				exist when an average of 50% or less of the guarantee is found. A finding of
				more than 150% of the guarantee shall be charged as an excess.
(4) Weights:
(a) Small packages containing less than 12
				pounds shall be considered short weight when the net weight falls below the
				following allowable variations:
Declared Weight
Allowable Variation
1. 0 thru 15 oz.
0.2 oz.
2. 1 lb. thru 2 lbs. 15 oz.
0.4 oz.
3. 3 lbs. thru 4 lbs. 15 oz.
0.6 oz.
4. 5 lbs. thru 6 lbs. 15 oz.
0.8 oz.
5. 7 lbs. thru 8 lbs. 15 oz.
1.0 oz.
6. 9 lbs. thru 10 lbs. 15 oz.
1.3 oz.
7. 11 lbs. thru 11 lbs. 15 oz.
1.6 oz.
(b)
				Packages of commercial feed guaranteed to contain 12 pounds or more shall be
				considered short weight if they are found to be more than 1% below the
				guaranteed net weight.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.017 - Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 470.07(23), 580.06(1), 580.101 FS. Law
					 Implemented 580.061 FS.
New 4-3-85, Formerly 5E-3.17, Amended 3-4-87, 3-5-89,
					 3-31-93, Repealed 6-1-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.019 - Laboratory Assay Charges (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 470.07(23), 580.101 FS. Law
					 Implemented 580.009(2) FS.
New 7-16-87, Amended 3-31-93, Repealed
					 6-1-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.020 - Commercial Feed Sales Quarterly Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance with Section
				580.041(1)(c)3., F.S., each Distributor of commercial feed shall report to the
				Department the number of tons of feed distributed in Florida within thirty (30)
				days after the end of each of the following quarterly reporting periods:
Quarter
Reporting Period
1st Quarter
July 1 - September 30
2nd Quarter
October 1 - December 31
3rd Quarter
January 1 - March 31
4th Quarter
April 1 - June 30
(2)
				If a Distributor does not sell any feed during a reporting period, a "zero"
				report shall be made in accordance with subsection (1).
(3) Distributors shall report the quarterly
				tonnage distribution required by subsection (1) using either of the following
				methods:
(a) Through the Department's Feed,
				Seed, and Fertilizer Regulatory Website which can be located online at
http://lims.flaes.org/HomeNew.aspx
;
				or
(b) Written reports may be
				submitted by completing the Quarterly Report of Commercial Feeds Distributed in
				the State of Florida, FDACS-13206, (Rev 07/10), which is hereby adopted and
				incorporated by reference and is available from and shall be submitted to the
				Florida Department of Agriculture and Consumer Services, Bureau of Compliance
				Monitoring, Feed, Seed and Fertilizer Section, 3125 Conner Boulevard, Building
				8, Tallahassee, Florida 32399-1650 or online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02364
.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-4 - SEED: GENERALLY › Section 5E-4.001 - Sampling, Analysis and Tolerance Procedures

Current through Reg. 50, No. 138; July 16, 2024
The manner of sampling, testing in laboratory, greenhouse and
				  trial plots, and the tolerances to be applied to the results shall be the same
				  as that recommended in the Rules for Seed Testing of the Association of
				  Official Seed Analysts.
Rulemaking Authority 578.11(2) FS. Law Implemented
					 578.11(2) FS.
New 6-29-62, Formerly
					 5E-4.01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-4 - SEED: GENERALLY › Section 5E-4.002 - Labels

Current through Reg. 50, No. 138; July 16, 2024
(1) Form. The analysis tag or label shall
				carry the information required by Section
				578.09, F.S., in substantially
				the following form:
(a) For agricultural seed:
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				  here to view image
(b) For mixed agricultural seeds:
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				  here to view image
(c) For coated agricultural seed:
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				  here to view image
(d) For combination mulch, seed, and
				fertilizer products:
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				  here to view image
(e) Vegetable seeds in packets which
				germinate above standard:
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				  here to view image
(f) Vegetable seeds in packets which
				germinate below standard:
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				  here to view image
(g) Vegetable seeds other than packet seeds:
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				  here to view image
(h) Flower seeds in packets that germinate
				above standard:
Click
				  here to view image
(i) Flower seeds in packets that germinate
				below standard:
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				  here to view image
(j) Flower seeds in containers other than
				packets, pure seed percentage below 90%:
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				  here to view image
(k) Flower seeds in containers other than
				packets, pure seed percentage above 90%:
Click
				  here to view image
(l) For tree or shrub seed:
Click
				  here to view image
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-4 - SEED: GENERALLY › Section 5E-4.003 - Noxious Weed Seed

Current through Reg. 50, No. 138; July 16, 2024
(1) Prohibited
				noxious weed seed shall include:
(a) Field Bindweed (Convolvulus arvensis)
None per pound
(b) Serrated tussock (Nassella trichotoma)
None per pound
(c) Benghal dayflower (Commelina benghalensis)
None per pound
(2) Restricted noxious weed seed shall
							 include:
(a) Annual bluegrass (Poa annua)
1, 000 per pound
(b) Balloonvine (Cardiospermum halicacabum)
4 per pound
(c) Bermudagrass (Cynodon spp.)
300 per pound
(d) Blessed thistle (Cnicus benedictus)
9 per pound
(e) Buckhorn plantain (Plantago lanceolata)
100 per pound
(f) Canada thistle (Cirsium arvense)
100 per pound
(g) Cheat or Hairy chess (Bromus secalinus, and/or
							 commutatus)
300 per pound
(h) Cocklebur (Xanthium spp.)
4 per pound
(i) Corncockle (Agrostemma githago)
100 per pound
(j) Crotalaria
1. Crotalaria spectabilis
9 per pound
2. Crotalaria mucronata (Striata)
54 per pound
(k) Darnel (Lolium temulentum)
100 per pound
(l) Docks (Rumex crispus, obtusifolius and conglo
							 meratus)
100 per pound
(m) Dodders (Cuscuta spp.)
100 per pound
(n) Horsenettle and Nightshades (Solanum carolinense
							 and/or elaeagnifolium)
100 per pound
(o) Johnson grass and Sorghum almum (Sorghum
							 halepense and/or almum)
27 per pound
(p) Nutgrass (Cyperus rotundus)
1 per pound
(q) Quack grass (Elymus repens)
100 per pound
(r) Red rice (Oryza sativa)
300 per pound
(s) Sheep sorrel (Rumex acetosella)
200 per pound
(t) Tropical soda apple (Solanum viarum)
1 per pound
(u) Texas millet or Buffalograss (Urochloa
							 texana)
9 per pound
(v) Wild onion (Allium spp.)
27 per pound
(w) Wild radish (Raphanus raphanistrum)
27 per pound
(x) Wild turnip or mustard (Brassica spp.)
27 per pound
(3)
				The total amount of all restricted noxious weed seed shall not exceed three
				hundred (300) per pound exclusive of Annual bluegrass.
Rulemaking Authority 570.07(23), 578.11(2) FS. Law
					 Implemented 578.11(2)(d), 578.29 FS.
New 5-30-63, Amended 8-22-68, 9-29-83, Formerly 5E-4.03,
					 Amended 8-6-89, 11-14-04, 11-26-08,
					 7-7-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-4 - SEED: GENERALLY › Section 5E-4.004 - Worthless Seed

Current through Reg. 50, No. 138; July 16, 2024
Agricultural, vegetable, flower, tree, or shrub seed shall be
				  deemed worthless for planting purposes if containing in excess of two percent
				  (2%) of total weed seed or more noxious weed seed than shown in Rule
				  5E-4.003, F.A.C., and shall not
				  be sold for such purposes.
Rulemaking Authority 578.11(2) FS. Law Implemented
					 578.11(2) FS.
New 11-21-69, Formerly 5E-4.04, Amended
					 7-7-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-4 - SEED: GENERALLY › Section 5E-4.005 - Disposition of Worthless Seed (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 478.11(2) FS. Law Implemented
					 578.11(2) FS.
New 6-29-62, Formerly 5E-4.05, Repealed
					 6-14-95.