Section 5E-14.106 - Use of Pesticides - Labels, Limitations, Precautions(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.Fla. Admin. Code Ann. R. 5E-14.106
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.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.