Section 5E-1.007 - Pesticides in Fertilizer(1) Pesticides authorized for blending with fertilizer. Any pesticide registered with the department and the United States Environmental Protection Agency shall be authorized, subject to the conditions set forth in this chapter, for blending with a fertilizer provided blending with a fertilizer is not prohibited in the labeling of the pesticide. Furthermore, the blending of more than one pesticide in fertilizer shall be authorized, provided the label of one or more of the pesticides does not prohibit the blending of the pesticide with another pesticide.(2) Establishement registration. Each manufacturing establishment in Florida producing fertilizer-pesticide blends shall be registered with the United States Environmental Protection Agency according to Section 7, Federal Insecticide, Fungicide and Rodenticide Act (1988). Custom blenders providing the service of mixing pesticides to a customer's specifications are excluded from this requirement.(3) Classification and definition or fertilizer-pesticide blends.(a) Inventoried blend means a fertilizer-pesticide mixture manufactured, packaged and held for future sale. Inventoried blends shall be registered with the United States Environmental Protection Agency as a pesticide product and with the department as both a fertilizer and a pesticide product before being manufactured for sale, offered for sale or sold in the state. These mixtures shall be packaged in containers so fabricated as to prevent leakage or dusting when shipped, stored or handled.(b) Custom blend means a fertilizer-pesticide mixture manufactured at the request of and to the specifications of a purchaser, for his immediate and exclusive use. These blends shall not be offered for sale or sold by the purchaser. The manufacturer of custom blends shall require the signature of the exclusive purchaser or his agent on the manufacturer's order or delivery form for a custom blend.(4) Labeling requirements. (a) Custom blends - The label of a custom blend shall have, in addition to the requirements set forth in Rule 5E-1.003, F.A.C., the following information:1. Name of the pesticide.2. Guarantee of the actual pesticide contained in the blend, expressed as percent by weight.3. Pounds of active ingredient per ton.4. The words "caution - contains pesticide" conspicuously on the face of the tag in bold red lettering. Custom blends transported in bulk shall be accompanied by no less than 5 labels which are attached to the delivery ticket and shall be furnished the purchaser at time of delivery. Blends containing restricted use pesticides defined in Chapter 487, F.S., shall be manufactured only for a consumer licensed to purchase and use restricted use pesticides.
(b) Inventoried blends - The labeling requirements shall be those required for registration of the product in Florida and with the United States Environmental Protection Agency's, regulations, 40 C.F.R. § 156 (1991), which shall include but shall not be limited to all required guarantees, caution statements, signal words, directions for use, registration numbers, establishment numbers, guarantor identification and use classification (general or restricted), if appropriate.(5) Information required to be furnished a purchaser of custom blends. In addition to the label, each purchaser of a custom blend shall be furnished at time of delivery: (a) A copy of the label of the pesticide used in the blend.(b) Directions for application which are calculated by the manufacturer so that the application rate of the pesticidal component per acre is equivalent to the application rate per acre recommended in the label of the pesticide used. Blends containing more than one pesticide shall be blended and have directions for application which result in an application rate per acre equivalent to the label recommendation for each pesticidal component.(6)(a) Transportation requirements.(b) Bulk or open bags.1. The transport vehicle shall have a tight-fitting body with a well-fitted tarpaulin or other suitable cover to prevent spillage, dusting or loss of the blend en route to its destination.2. The transport vehicle shall have attached to each side of the vehicle a placard in accordance with section 49 CFR.(7) Materials. The following materials are hereby incorporated by reference. These materials may be obtained from the Division of Agricultural Environmental Services, Bureau of Feed, Seed and Fertilizer Inspection, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)487-2085.(a) 40 C.F.R. § 156 (1991).(b) Federal Insecticide, Fungicide and Rodenticide Act, § 7 (1988).Fla. Admin. Code Ann. R. 5E-1.007
Rulemaking Authority 576.181 FS. Law Implemented 576.181(2) FS.
Revised 1-23-67, Amended 3-20-67, 7-20-67, 10-20-67, 2-20-68, 10-22-68, 2-21-69, 6-24-69, 11-20-69, 7-1-70, 10-22-70, 7-1-71, 10-29-71, 2-26-72, 3-1-73, 11-6-73, 6-28-74, 7-14-75, 12-11-75, 3-16-76, 1-1-77, 3-25-79, Formerly 5E-1.07, Amended 8-3-93.New 1-23-67, Amended 3-20-67, 7-20-67, 10-20-67, 2-20-68, 10-22-68, 2-21-69, 6-24-69, 11-20-69, 7-1-70, 10-22-70, 7-1-71, 10-29-71, 2-26-72, 3-1-73, 11-6-73, 6-28-74, 7-14-75, 12-11-75, 3-16-76, 1-1-77, 3-25-79, Formerly 5E-1.07, Amended 8-3-93.