Section 5E-14.104 - Prohibited Acts(1) In solicitation of pest control business, no licensee or its employees shall claim that inspections or treatment are required, authorized or endorsed by the Department.(2) No reference shall be made in any manner suggesting approval, endorsement or recommendation by the Department.(3) No licensee, certified operator or identification card holder shall advertise or hold himself out in any manner in connection with pest control as an entomologist, horticulturist, public health engineer, sanitarian, and the like, unless such persons qualified in such field by required professional and educational standards for the title used.(4) No licensee or its employees shall represent to any property owner or occupant of any structure that any specific pest is infesting said property, structure, or lawn or ornamental thereof, or that it requires a specific treatment for pest control when an infestation, or strongly supporting evidence of such infestation, does not exist. Exception: This prohibition shall not apply to bona fide preventive treatments which imply no infestation per se.(5) Pesticides shall not be given or sold to the public except in unbroken, original and labelled containers in accordance with Section 487.031, F.S.(6) No employee of a licensee shall perform pest control or "moonlight" pest control independently.(7) Licensees shall not purchase a residential fumigant or perform fumigation using a residential fumigant unless the licensee and their fumigation employees have agreed to and are in compliance with the label requirements and Stewardship Policy requirements for the residential fumigant as defined in Rule 5E-2.0312, F.A.C.(8) A licensee's fumigation employee shall not perform or assist in a fumigation unless the employee has completed all training required by the Stewardship Policy for the residential fumigant to be used in the fumigation, as set forth in rule Chapters 5E-14 and 5E-2, F.A.C.Fla. Admin. Code Ann. R. 5E-14.104
Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.021(13), (15), 482.051(1), 482.071, 482.091, 482.111, 482.152, 482.161, 482.191 FS.
New 1-1-77, Amended 6-27-79, Formerly 10D-55.104, Amended 8-11-93, Amended by Florida Register Volume 43, Number 080, April 25, 2017 effective 5/7/2017.New 1-1-77, Amended 6-27-79, Formerly 10D-55.104, Amended 8-11-93, 5-7-17.