Section 5E-2.033 - Organo-Auxin Herbicides: Restrictions and Prohibitions(1) Synthetic organo-auxin herbicides: The synthetic organo-auxin herbicides are defined as herbicides which produce hormonal auxin type effects on plants similar to the effects of 2, 4-D. Organo-auxin herbicides include but are not limited to all of the forms of herbicides such as: (c) 2, 4-DP, Dichloroprop,(n) Florpyrauxifen-benzyl,(2) Sale and use of highly volatile forms of organo-auxin herbicides in the state is prohibited except for those products labeled for use as plant growth regulators on citrus. Highly volatile organo-auxin herbicides include the isopropyl, and butyl esters of 2, 4-D.(3) Based upon wind speed and direction at the time of application, the distance which must separate the closest edge of the area to be sprayed from susceptible crops is listed in Table 1. Susceptible crops are defined as commercially produced plants or crops that may be damaged when exposed to low concentrations of organo-auxin herbicides. Examples of susceptible crops are tomatoes, peppers, watermelons, eggplants and ornamental broadleaf plants. Users of organo-auxin products on citrus as plant growth regulators are exempt from the wind speed restrictions below provided they adhere to the restrictions appearing on the product label. Table 1: Minimum Distance From Susceptible Crops |
Wind Speed | Aerial Equipment | Ground Equipment |
0 - 3 mph | 1/2 mile downwind | 1/8 mile downwind |
| 1/2 mile crosswind | 1/8 mile crosswind |
| 50 feet upwind | 20 feet upwind |
3 - 6 mph | 1 mile downwind | 1/4 mile downwind |
| 1/2 mile crosswind | 1/8 mile crosswind |
| 50 feet upwind | 5 feet upwind |
6 - 10 mph | 2 miles downwind | 1/2 mile downwind |
| 1/2 mile crosswind | 1/4 mile crosswind |
| 50 feet upwind | 5 feet upwind |
Above 10 mph | Prohibited | Prohibited |
Note: "Crosswind" means wind from a direction 90 degrees (±10 degrees) to a line drawn between the proposed treatment site and a susceptible commercial crop site.
(4) Wind speed will be measured at the treatment site. Wind speed measurements will be taken at spray boom height for ground application and at least six feet above the ground for aerial and airblast applications. The measurement site will be located so that structures, plants, or terrain features do not interfere with the accuracy of the reading. Wind direction will be estimated as accurately as possible by the person taking the wind speed readings. The applicator or his representative shall take and record wind speed and direction readings before spraying starts and once every hour during the spraying operation. A reading shall consist of an average of three measurements taken within a five-minute period. These measurements shall be taken by rotating and positioning the anemometer into the wind in such a manner so as to obtain the maximum wind velocity measurement which will be used to calculate the average reading.(5) Applicators should use appropriate spray nozzles and pressure to minimize the production of droplets with mean volume diameter less than 200 microns. Applications of organo-auxin herbicides on citrus as a plant growth regulator utilizing airblast sprayers are exempt from the requirements of this section.(6) Persons making spray applications of organo-auxin herbicides or plant growth regulators to cumulative land or water surface areas exceeding 5 acres per 24-hour period, shall maintain the following records for two years:(a) Name and address of the owner, lessee or tenant in control of the land and the name and address of the applicator.(b) Location of the site to be treated, location of the mixing and loading area and a description of application equipment used.(c) Date and time of application.(d) Trade name, manufacturer, formulation, total amount of product to be applied per acre and the amount of active ingredient of the product applied per acre.(e) Total acreage and crop or site treated.(f) Average hourly wind speed and direction.(g) Nozzle type including gallons per minute rating at specified pressure and angle of spray emission if applicable.(7) Aerial application of organo-auxin herbicides by fixed wing aircraft from January 1 until May 1 of each year in Hendry, Palm Beach, Glades or Martin counties is prohibited. The use of rotary wing aircraft using Microfoil spray booms or their equivalent for right-of-way and aquatic spray applications is allowed provided the terms of subsections (2), (3), (4), (5), and (6) are met.(8) Applicators who apply organo-auxin herbicides to aquatic sites will assure that labeled directions are followed if water is used for irrigation.(9) The ground application of low volatility 2, 4-D products registered in the State of Florida for use as a growth regulator on red potatoes in small dosages substantially less than for herbicidal use is not subject to the use regulations and restrictions set forth in subsections (3) and (4) of this rule, provided the product is not applied within 50 feet of susceptible crops, the spray boom height does not exceed 18 inches above the crop canopy and label instructions are followed.(10) The following application methods are exempt from the above mentioned requirements: (a) Cut stump, basal bark, hack and squirt or frill and girdle applications.(b) Granular formulation applications.(c) Subsurface aquatic applications.Fla. Admin. Code Ann. R. 5E-2.033
Rulemaking Authority 570.07(23) FS. Law Implemented 487.031(10), (13)(e) FS.
New 2-4-86, Amended 7-10-89, 7-29-04, Amended by Florida Register Volume 47, Number 183, September 21, 2021 effective 9/30/2021.New 2-4-86, Amended 7-10-89, 7-29-04, 9-30-21.