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:
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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.
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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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