By Alissa Hevesh
Editor’s note: This article grants one continuing education unit (CEU) in the Core category toward the renewal of a Florida Department of Agriculture and Consumer Services restricted-use pesticide license when the accompanying test is submitted and approved. A minimum score of 70% is required to receive credit.
Pesticides are regulated to ensure the safety and well-being of the environment and those who inhabit it. Pesticides receive and require more testing than almost any other class of chemicals in the United States. This article dives into the rules and regulations of pesticides, including those that impact applicators in Florida.
FEDERAL PESTICIDE LAWS
The primary federal pesticide law is the Federal Insecticide, Fungicide, and Rodenticide Act, commonly referred to as FIFRA. It was first enacted in 1972 and has been amended several times since — most recently in 1988. The Environmental Protection Agency (EPA) administers this legislation to regulate the production, transportation, sale, use and disposal of pesticides in the United States. As part of this administration, the EPA authorizes the use of pesticide products based on an evaluation of how the products may impact the environment and human health.
The EPA also evaluates older pesticides to make sure they continue to meet current health and safety standards. These re-evaluations are typically done every 15 years. If a product is found to no longer meet current criteria (or for any other reason), the EPA has the power to stop the sale or use of any pesticide.
If you have ever heard the phrase “the label is the law,” it is entirely true. Pesticide labels have the “force of law,” meaning if those who handle or apply pesticides do so not in accordance with the label, they could be subject to criminal penalties. FIFRA legislation also requires the EPA to provide worker protection training and certification.
Pesticide Classification and Registration
Pesticides are classified based on their use pattern, toxicity and environmental effects. The main classifications are unclassified use (often referred to as general use) and restricted use. It is uncommon for a pesticide to be classified as general use. It is more likely for these products to simply be unclassified. They typically have a lower toxicity than restricted-use pesticides and are available for purchase to the general public. Restricted-use pesticides, on the other hand, are classified based on their possibility of resulting in adverse effects on the environment and/or human health. Application by trained professionals following label instructions protects against these potential effects. As such, these pesticide products can only be purchased by certified and licensed applicators.
Pesticides are registered when they are deemed safe to use according to label instructions. Pesticides are not registered if their labeling does not provide reasonable instructions on how to prevent human injury or harm to the environment. There are exemptions to this registration requirement, including for emergencies and special local needs.
Applicator Types and Certification
There are two types of pesticide applicators: private and commercial. Private applicators use or supervise the use of restricted-use pesticides for agricultural commodity production on their own property or property they rent or lease. Alternatively, commercial applicators use or supervise the use of restricted-use pesticides for any purpose on any property except that which falls within the private applicator description.
Applicator certifications are obtained through EPA-approved programs which individual states are responsible for implementing. Each state is required to designate one or more agencies to enforce the provisions of FIFRA legislation. In Florida, one of these agencies is the Florida Department of Agriculture and Consumer Services (FDACS). Some tribes, territories and local jurisdictions can have their own legal requirements about pesticide use. It is the responsibility of the applicator to know about and comply with these requirements. More generally, the applicator is responsible for being up to date on the ever-evolving laws and regulations at all governmental levels.
FLORIDA PESTICIDE LAWS
Now that we have covered federal laws, we can look a bit closer at state-level regulation. Federal pesticide regulations must be more liberal than state pesticide restrictions. While states (including Florida) can enact stricter regulations on a pesticide, the labeling and packaging must be consistent with federal labeling and packaging.
It is important to know about laws pertaining to certified pesticide applicators in Florida. However, not all laws apply to every type of applicator. Comprehension of and familiarity with all state-regulated pesticide laws is encouraged regardless. A particular law and its rules can be acquired by contacting the agency that’s responsible for writing the rules. Refer to the table below to see some of Florida’s key pesticide laws and their associated topics and governing agencies.
| State Law | Main Topics Covered | State Agency |
| Florida Statutes Chapter 252 | Pesticide storage facilities and spill reporting | FDCA* |
| Florida Statutes Chapter 388 | Public health pest control and applicator licensing | FDACS** |
| Florida Statutes Chapter 403 | Waste management and pesticide container burning | FDEP*** |
| Florida Statutes Chapter 482 | Pest control businesses and applicator licensing | FDACS |
| Florida Statutes Chapter 487 | Pesticide registrations and applicator licensing | FDACS |
| * Florida Department of Community Affairs ** Florida Department of Agriculture and Consumer Services *** Florida Department of Environmental Protection | ||
Florida Statutes Chapter 388, commonly referred to as the Florida Mosquito Control Law, governs applicators whose work falls within the public health or nuisance pest control realm, except for those applying pesticides for these reasons on their own property. This law requires that a pesticide applicator (or their supervisor) must be licensed before they apply any class of pesticide in a public health pest control program. There are additional requirements for those applying pesticides aerially.
Florida Statutes Chapter 482, often referred to as the Structural Pest Control Act, has evolved over the years to reach its current state: to regulate different kinds of applicators who have Pest Control Business licenses or Limited Certification licenses. This law requires that only those with a pest control business license can solicit or conduct for-hire pesticide applications, with few exceptions. Certain provisions of this law also govern people other than licensed applicators, such as homeowners, for example.
Florida Statutes Chapter 487, referred to as the Florida Pesticide Law, governs those required to be licensed as Pesticide Dealers and those required to be licensed as Pesticide Applicators, but are not governed by Chapters 388 or 482. This statute defines applicator classes as follows:
- Private applicators are licensed applicators who apply restricted-use pesticides for the purposes of agricultural commodity production on property owned or rented by the applicator themselves or their employer. They can include farmers, ranchers and nursery growers.
- Public applicators are licensed applicators who are employed by a federal, state, county, city or other local agency or entity who require restricted-use pesticides be used as part of job duties. This includes state agencies, public utility companies and universities.
- Commercial applicators are licensed applicators who apply restricted-use pesticides in agricultural or other areas for any purposes other than those outlined in other license classifications. This may include for-hire contractors or pesticide applicators working in the private industry.
Along with defining applicator classes, this law also defines pest control categories. These categories pertain to restricted-use pesticides and define where or how a licensed applicator may apply these chemicals. Applicators must be licensed in at least one pest control category regardless of their license class. An applicator can be licensed in more than one pest control category at the same time.
Florida Statutes Chapter 487 focuses largely on pesticides themselves. There are five pesticides that have regulations — including how, when or where they can be used — that are specific to Florida. They are as follows:
- Aldicarb
- Bromacil
- Methyl bromide
- Organotin antifouling paints
- Organo-auxin herbicides
There are also miscellaneous rules in this law about various topics, including restricted-use pesticide storage and disposal, details about exams required for different pesticide licenses, licensing fees, pesticide application records and penalties that can be imposed for improperly applying pesticides.
Florida Statutes Chapter 252, referred to as the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act, requires pesticide applicators to report if they are storing certain kinds of pesticides with active ingredients above a certain amount. This law also requires reporting spills if certain criteria are met, among other things.
Florida Statutes Chapter 403, also referred to as the Florida Resource Recovery and Management Act, regulates the open burning of fire, including as it relates to pesticide containers. This law encourages folks to seek out alternative ways of disposing of pesticide containers, including recycling. If burning of pesticide containers is pursued, there are several specific rules to consult.
LOCAL LAWS
Local laws, known as ordinances, can regulate certain pesticide-related activities. They can vary from county or city, so it is important to check with local government officials before working with pesticides in a new area. Local laws must be in compliance with state and federal laws.
KEY POINTS TO KEEP IN MIND
- The label is the law.
- Certain pesticides have specific regulations in Florida. Consult with your local government to ensure you are following all laws and rules.
- Licensed applicators are held to a higher standard than unlicensed persons.
- It is your responsibility to know and understand Florida’s laws and rules about using pesticides.
Source: Applying Pesticides Correctly, 7th Edition by F. Fishel
Alissa Hevesh is an agriculture and natural resources Extension agent at the University of Florida Institute of Food and Agricultural Sciences Highlands County Extension office in Sebring.
To request a hard copy of this article and test, or if you have questions regarding this article, test or CEUs, contact Alissa Hevesh at ahevesh@ufl.edu or 863-402-6540. Please allow two weeks to process your CEU request.
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