Senate Bill 1362

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1362

    By Senator McKay





    26-1432-98                                         See HB 3133

  1                      A bill to be entitled

  2         An act relating to pest control; amending ss.

  3         482.021, 487.021, and 500.03, F.S.; clarifying

  4         definitions of "pest control," "pesticide or

  5         economic poison," "pesticide," and "pesticide

  6         chemical" with respect to the application or

  7         use of plain water; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsections (20) and (21) of section

13  482.021, Florida Statutes, are amended to read:

14         482.021  Definitions.--For the purposes of this

15  chapter, and unless otherwise required by the context, the

16  term:

17         (20)  "Pest control" includes:

18         (a)  The use of any method or device or the application

19  of any substance, other than plain water, to prevent, destroy,

20  repel, mitigate, curb, control, or eradicate any pest in, on,

21  or under a structure, lawn, or ornamental;

22         (b)  The identification of or inspection for

23  infestations or infections in, on, or under a structure, lawn,

24  or ornamental;

25         (c)  The use of any pesticide, economic poison, or

26  mechanical device for preventing, controlling, eradicating,

27  identifying, inspecting for, mitigating, diminishing, or

28  curtailing insects, vermin, rodents, pest birds, bats, or

29  other pests in, on, or under a structure, lawn, or ornamental;

30         (d)  All phases of fumigation, including:

31         1.  The treatment of products by vault fumigation; and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1362
    26-1432-98                                         See HB 3133




  1         2.  The fumigation of boxcars, trucks, ships,

  2  airplanes, docks, warehouses, and common carriers; and

  3         (e)  The advertisement of, the solicitation of, or the

  4  acceptance of remuneration for any work described in this

  5  subsection, but does not include the solicitation of a bid

  6  from a licensee to be incorporated in an overall bid by an

  7  unlicensed primary contractor to supply services to another.

  8         (21)  "Pesticide or economic poison" means any

  9  substance or mixture of substances, other than plain water,

10  intended for:

11         (a)  Preventing, destroying, repelling, or mitigating

12  any insects, rodents, nematodes, fungi, weeds, or other forms

13  of plant or animal life or viruses, except viruses or fungi on

14  or in living human beings or other animals; or

15         (b)  Use as a plant regulator, defoliant, or desiccant.

16         Section 2.  Subsection (49) of section 487.021, Florida

17  Statutes, is amended to read:

18         487.021  Definitions.--For the purpose of this part:

19         (49)  "Pesticide" means any substance or mixture of

20  substances, other than plain water, intended for preventing,

21  destroying, repelling, or mitigating any insects, rodents,

22  nematodes, fungi, weeds, or other forms of plant or animal

23  life or viruses, except viruses, bacteria, or fungi on or in

24  living humans or other animals, which the department by rule

25  declares to be a pest, and any substance or mixture of

26  substances intended for use as a plant regulator, defoliant,

27  or desiccant; however, the term "pesticide" does not include

28  any article that:

29         (a)  Is a "new animal drug" within the meaning of s.

30  201(w) of the Federal Food, Drug, and Cosmetic Act;

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1362
    26-1432-98                                         See HB 3133




  1         (b)  Has been determined by the Secretary of the United

  2  States Department of Health and Human Services not to be a new

  3  animal drug by a regulation establishing conditions of use for

  4  the article; or

  5         (c)  Is an animal feed within the meaning of s. 201(x)

  6  of the Federal Food, Drug, and Cosmetic Act bearing or

  7  containing an article covered in this subsection.

  8         Section 3.  Paragraph (x) of subsection (1) of section

  9  500.03, Florida Statutes, is amended to read:

10         500.03  Definitions of terms; construction;

11  applicability.--

12         (1)  For the purpose of this chapter, the term:

13         (x)  "Pesticide chemical" means any substance, other

14  than plain water, which, alone, in chemical combination, or in

15  formulation with one or more other substances is a "pesticide"

16  within the meaning of the Florida Pesticide Law, chapter 487,

17  and which is used in the production, storage, or

18  transportation of raw agricultural commodities.

19         Section 4.  This act shall take effect upon becoming a

20  law.

21

22            *****************************************

23                       LEGISLATIVE SUMMARY

24
      Clarifies that plain water is not a substance subject to
25    regulation under definitions relating to pest control and
      pesticides in chs. 482, 487, and 500, F.S.
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