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-14.106 - Use of Pesticides - Labels, Limitations, Precautions

Current through Reg. 50, No. 138; July 16, 2024
(1) Only those pesticides having federal or
				  state label registration clearance shall be used. It shall be unlawful to use
				  any registered pesticide in a manner inconsistent with its label and labeling,
				  except as provided by the United States Environmental Protection Agency, the
				  United States Department of Agriculture, or the Department.
(2) Licensees and certified operators shall
				  maintain at the licensed business locations specimen copies of current
				  registered labels for all pesticides used in their pest control operations
				  which labels shall be available for inspection upon request.
(3) All pesticide concentrates used in the
				  field shall be kept under lock when in unattended service vehicles. They shall
				  be kept in leakproof containers legibly tagged or labelled for identification
				  and providing information required by EPA regulations or
				  recommendations.
(4) Pesticides
				  kept in containers other than application equipment shall be accurately
				  identified by permanent, durable label or tag, showing the common or chemical
				  name(s) of principal active ingredient(s) and providing information required by
				  EPA regulations or recommendations.
(5) Spray tanks in which pesticides are mixed
				  or from which pesticides are dispensed in pest control operations and to which
				  water is added shall not be filled through direct fill-pipe or hose connections
				  protruding into the spray tank. Fill-pipes or hoses must terminate at least two
				  inches above spray tank intake fill opening or be equipped with an effective
				  anti-siphoning device to prevent back siphonage into water supply.
(6) Pesticides used as the primary treatment
				  for the prevention of subterranean termites for new construction shall be
				  applied in the specific amounts, concentration, and treatment areas designated
				  by the label.
(7) Each pesticide
				  used for the primary preventive treatment of new construction for the
				  prevention of subterranean termites, in its original formulation, shall be
				  mixed at the treatment site immediately prior to application.
(8) For each pesticide used for preventive
				  treatment for new construction, a copy of the label of the registered pesticide
				  being used shall be carried in the vehicle from which the application is
				  performed. The licensee shall maintain records for 3 years of each treatment
				  for the prevention of subterranean termites for new construction indicating the
				  date of treatment, address of property treated, total square footage of
				  structure treated, pesticide used, percent concentration of mixture applied and
				  total volume applied as well as maintaining records of all termiticides
				  purchased, obtained, or available for its use; the total amount of the area
				  treated; and the total number of sites treated using this and any other method
				  of treatment for the prevention of subterranean termites.
(9) When a pesticide registered as a
				  preventive treatment for new construction has been applied as the primary
				  preventive treatment for a structure in accordance with subsection
				  5E-14.106(6),
				  F.A.C., or will be applied prior to completion of construction, a secondary
				  treatment using a second pesticide registered for preventive treatment for new
				  construction may be applied in accordance with label
				  directions.
Rulemaking Authority 482.051 FS. Law Implemented
						482.051(1) FS., P. L. 92-516, Section 1, Chapter 92-203, Laws of Florida.
						482.051(5) FS.,
						Chapter 2006-289 (July 1, 2006), Laws of
						Florida.
New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly
						10D-55.106, Amended 7-5-95, 4-17-03, 6-30-05,
						7-11-07.