The Florida Senate

¹487.203  Definitions.--For purposes of this part:

(1)  "Agricultural employer" means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers.

(2)  "Agricultural establishment" means any farm, forest, nursery, or greenhouse.

(3)  "Agricultural plant" means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and fiber plants, trees, turfgrass, flowers, shrubs, ornamentals, and seedlings.

(4)  "Department" means the Department of Agriculture and Consumer Services or its authorized representative.

(5)  "Designated representative" means any person or organization to whom a worker gives written authorization to exercise the right to request the agricultural pesticide information pursuant to this part.

(6)  "Fact sheet" means any state or federally approved fact sheet.

(7)  "Material safety data sheet" means written or printed material concerning an agricultural pesticide which sets forth the following information:

(a)  The chemical name and the common name of the agricultural pesticide.

(b)  The hazards or other risks in the use of the agricultural pesticide, including:

1.  The potential for fire, explosions, corrosivity, and reactivity.

2.  The known acute health effects and chronic health effects of risks from exposure to the agricultural pesticide, including those medical conditions which are generally recognized as being aggravated by exposure to the agricultural pesticide.

3.  The primary routes of entry and symptoms of overexposure.

(c)  The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the agricultural pesticide, including appropriate emergency treatment in case of overexposure.

(d)  The emergency procedures for spills, fire, disposal, and first aid.

(e)  A description of the known specific potential health risks posed by the agricultural pesticide, which description is written in lay terms and is intended to alert any person who reads the information.

(f)  The year and the month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

(8)  "Retaliation" means actions, such as dismissal, demotion, harassment, blacklisting with other employers, reducing pay or work hours, or taking away company housing, by any agricultural employer against any worker who exercises any right under the United States Environmental Protection Agency Worker Protection Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992) or this part.

(9)  "Trainer" means any person who qualifies to train workers under the pesticide safety training requirements of the United States Environmental Protection Agency Worker Protection Standard, 40 C.F.R. s. 170.130 (August 21, 1992).

(10)  "Worker" means any person, including a farmworker or a self-employed person, who is employed for any type of compensation and who is performing activities relating to the production of agricultural plants on an agricultural establishment. The term "worker" does not include any person employed by a commercial pesticide handling establishment to perform tasks as crop advisors.

History.--ss. 27, 28, ch. 94-233.

¹Note.--Repealed effective January 1, 1998, by s. 28, ch. 94-233.