20013736, 5E-2.039 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 20013736

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

PESTICIDES

Overview

RULE:

5E-2.039	Worker Protection Standard
5E-2.041	Materials Incorporated by Reference

PURPOSE:

All agricultural employers using pesticides with federally approved labels referencing the Worker Protection Standard regulation, are as of January 2, 2018, required by federal law to follow the updated Worker Protection Standard, 40 CFR Part 170, revised as of November 2, 2015, in their use of said pesticides. Updating the reference in 5E-2.039, F.A.C., provides consistency with what is already required by federal law. Additionally, updates to Inspection Form 13240 are necessary to comply with the new provision of the Worker Protection Standard. Inspection forms 13319, 13316 and 13234 are obsolete and no longer needed.

SUMMARY:

The proposed rule is being developed to adopt by reference the most recent version of the federal Worker Protection Standard, 40 CFR Part 170, revised as of November 2, 2015, and to update the Inspection Form FDACS-13240 to comply with the new Worker Protection Standard.  It also removes forms that are obsolete.

RULEMAKING AUTHORITY:

487.051, 570.07(23), F.S.

LAW:

487.031, 487.048, 487.051(2), 487.071, 487.081, 487.159, 487.2041, 504.14, 570.07(22), 576.051, 578.11, 580.036, F.S.

PRINT PUBLISH DATE:

1/31/2018 Vol. 44/21

COMMENTS:

From 1/31/2018 To 2/21/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02396 Affidavit – Compliance Monitoring Program, FDACS-13319, Rev. 08/12
Ref-02399 Notice of Inspection, FDACS-13316, Rev. 08/12
Ref-02400 Pesticide Sample Collection Report (FDACS-13234 Rev. 08/12)

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