UF/IFAS Okeechobee County Extension Service

458 Highway 98 North

Okeechobee, FL 34972-2578

Phone: (863) 763-6469

E- mail:  dfculbert@ifas.ufl.edu

July 12, 2006

Feature Article - for release the week of July 16, 2006

Dan Culbert - Extension Horticulture Agent

 

Pesticide  Application  Laws  Changed

They said it couldn’t be done, but it’s actually happened!  It is now actually easier for landscape maintenance professionals to be a bona-fide, legal applicator of pesticides.  And for the consumer, some changes in Florida Statues improve your protection from shady termite pest control companies.

Today’s column will update an article on this subject that was printed this past spring. It will give homeowners some ideas on what’s new in Florida termite contract terminology. And with easier requirements for certification, it’s now a bit easier for the “mow, blow, and go” folks to get legal. 

Three Laws

Florida has a confusing system of making sure consumers and the environment are protected from the misuse of pesticides.  The first state pesticide law concerns itself with the use of pesticides in agricultural settings, but it covers a lot more than farming. 

The obvious use of pesticides in citrus groves, vegetable fields, and nurseries is covered by the Agricultural Pest Control Law [F.S. 487].  But beyond producers, this law also insures that persons using these toxic products in natural areas, roadsides, or aquatic sites are properly trained and supervised.  It applies Federal guidelines under Florida conditions when using restricted use herbicides, insecticides, or fungicides.  It even includes a few unusual situations like the use of these pesticides on golf courses and parks or for specialized uses such as aerial applications or protective boat paints.

A second pesticide law in Florida is concerned with the use of these products for the control of pests as mosquitos or other public pests.  There are a few locals that hold Public Pest Control Licenses in our area, but since we don’t have any organized Mosquito control here, there is not too much activity with this law [F.S. 388].

Notice we have not talked about termites or landscape pesticides use.  The way it was explained to me was that the use of pesticides “inside, outside, under, or through” buildings is governed by the Structural Pest Control Act [a.k.a. F.S. 482].  This law is the one that the Florida Legislature recently changed, and the focus of this article.

While homeowners can use off the shelf products to do-it-themselves, there are some situations where professional help is needed.  Many well-known pest control companies often apply pesticides to keep buildings safe and landscapes in top-notch shape.  Some of these “Pest Control Operators” are locally-based business owners that can spray your lawn for insects or diseases, provide indoor protection from roaches, fleas and rodents, can eliminate or protect buildings from termites, and if necessary fumigate these structures to kill every other kind of pest found inside a structure.

Termite Contracts Clarified

No one likes to even think about termites getting into their buildings, but when they do, a professional Pest Control Operator ought to be consulted.  Unfortunately there have been a few “bugs” in the law that regulates these businesses.  A few changes that help protect consumers have been made in F.S. 482 and they became effective July first:

     Termite control contracts must clearly state if the work is for drywood or subterranean termites. (This is important because the methods used to treat these critters are very different.)

     If a “spot-treatment” is used, companies must post a notice that this was the case. (A treatment sticker could give the false impression that a complete treatment was done.)

     Re-treatments must be done in 90 days (180 days for multiunit structures). 

     Companies can’t refuse to re-treat because they knew about a construction defect or other condition that would contribute to termites.

Consumers can get more information on termite protection, the difference between subterranean or drywood termites or file a complaint against a pest control company by calling 1-800-HELP-FLA or logging onto www.floridatermitehelp.org.

 

Relaxed Requirements for Landscapers

The Structural Pest Control Law also permits the LIMITED use of pesticides near structures by persons that work for the government, or who are treating privately owned buildings.  Those businesses that take care of private RESIDENTAL landscapes can also obtain a “Limited Certificate – Commercial Landscape Maintenance” that makes it legal for them to apply certain kinds pesticides when taking care of our Florida Yards.

Many landscapers ask about the Landscape Maintenance certificate, but back away when they find out some of the requirements.  Here’s what will make it easier for persons to get this certification:

     When a person wanted to get this Landscape Maintenance certificate, before they even could take the test, they had to attend an 8-hour long training class.  The revised law reduces this training class to a 6-hour class.

    Another stumbling block was that applicants had to prove they had been in the business for three years before applying to take the test.  This experience requirement has been removed.

     Again before the test, the applicant had to prove they had liability insurance before taking the test. Now they can pass the test first, and then demonstrate insurance coverage – so buying insurance can happen after they know they have passed.

     This Certificate is “limited” because only certain kinds of pesticides can be used.  Previously, only insecticides and herbicides with the toxicity level of “Caution” could be used.  The law has been changed to include fungicides that have this slightly toxic signal word of Caution.

I’ve placed more information on our Okeechobee web page, http://okeechobee.ifas.ufl.edu.  If you need additional information on pesticide licensing or laws, please email us at okeechobee@ifas.ufl.edu or call us at 863-763-6469.  Local residents can stop by our office at 458 Hwy 98 North in Okeechobee, and visit our Okeechobee County Master Gardeners from 1 to 3 PM on Tuesday afternoons.  And remember –THE LABEL IS THE LAW!

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Trade names, where used, are given for the purpose of providing specific information. They do not constitute an endorsement or guarantee of products named, nor does it imply criticism of products not named. The Florida Cooperative Extension Service - Institute of Food and Agricultural Sciences is an equal opportunity/affirmative action employer authorized to provide research, educational information, and other services to individuals and institutions that function without regard to race, color, sex, age, handicap, or national origin.  Florida Cooperative Extension Service / IFAS / University of Florida.  Larry A.  Arrington, Dean Last update: 07/13/2006 .  This page is maintained by Dan Culbert  

 

LINKS:

Updated documents resulting from the 2006 changes in FS 482 include:

Rules of the Florida Department of Agriculture [F.A.C. 5E-14, Revised 7-13-06]: http://www.flaes.org/pdf/CHAPTER%205E-14_07_13_2006.pdf

2006-289 Florida House of Representatives Bill 7075, as approved and signed, outlining the changes in FS 482: http://election.dos.state.fl.us/laws/06laws/ch_2006-289.pdf

The application package for the FDACS Limited Certificate, Commercial Landscape Management has NOT yet been updated - applicants can still use the old forms until revision are posted [  http://www.flaes.org/pdf/lndspckt.pdf].

 

More information on Pesticides & Licensing can be found at the Okeechobee Extension Pesticide Applicator website.

references

Culbert, D.F. Are you legal? Okeechobee: UF/IFAS Extension Service, March 2006.  http://okeechobee.ifas.ufl.edu/News%20columns/Are.You.Legal.htm