CODING: Words stricken are deletions; words underlined are additions.House Bill 3133
Florida House of Representatives - 1998 HB 3133
By Representative Harrington
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. Paragraph (a) of subsection (20) and
13 subsection (21) of section 482.021, Florida Statutes, are
14 amended to read:
15 482.021 Definitions.--For the purposes of this
16 chapter, and unless otherwise required by the context, the
17 term:
18 (20) "Pest control" includes:
19 (a) The use of any method or device or the application
20 of any substance, other than plain water, to prevent, destroy,
21 repel, mitigate, curb, control, or eradicate any pest in, on,
22 or under a structure, lawn, or ornamental;
23 (21) "Pesticide or economic poison" means any
24 substance or mixture of substances, other than plain water,
25 intended for:
26 (a) Preventing, destroying, repelling, or mitigating
27 any insects, rodents, nematodes, fungi, weeds, or other forms
28 of plant or animal life or viruses, except viruses or fungi on
29 or in living human beings or other animals; or
30 (b) Use as a plant regulator, defoliant, or desiccant.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3133
581-115-98
1 Section 2. Subsection (49) of section 487.021, Florida
2 Statutes, is amended to read:
3 487.021 Definitions.--For the purpose of this part:
4 (49) "Pesticide" means any substance or mixture of
5 substances, other than plain water, intended for preventing,
6 destroying, repelling, or mitigating any insects, rodents,
7 nematodes, fungi, weeds, or other forms of plant or animal
8 life or viruses, except viruses, bacteria, or fungi on or in
9 living humans or other animals, which the department by rule
10 declares to be a pest, and any substance or mixture of
11 substances intended for use as a plant regulator, defoliant,
12 or desiccant; however, the term "pesticide" does not include
13 any article that:
14 (a) Is a "new animal drug" within the meaning of s.
15 201(w) of the Federal Food, Drug, and Cosmetic Act;
16 (b) Has been determined by the Secretary of the United
17 States Department of Health and Human Services not to be a new
18 animal drug by a regulation establishing conditions of use for
19 the article; or
20 (c) Is an animal feed within the meaning of s. 201(x)
21 of the Federal Food, Drug, and Cosmetic Act bearing or
22 containing an article covered in this subsection.
23 Section 3. Paragraph (x) of subsection (1) of section
24 500.03, Florida Statutes, is amended to read:
25 500.03 Definitions of terms; construction;
26 applicability.--
27 (1) For the purpose of this chapter, the term:
28 (x) "Pesticide chemical" means any substance, other
29 than plain water, which, alone, in chemical combination, or in
30 formulation with one or more other substances is a "pesticide"
31 within the meaning of the Florida Pesticide Law, chapter 487,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3133
581-115-98
1 and which is used in the production, storage, or
2 transportation of raw agricultural commodities.
3 Section 4. This act shall take effect upon becoming a
4 law.
5
6 *****************************************
7 HOUSE SUMMARY
8
Clarifies that plain water is not a substance subject to
9 regulation under definitions relating to pest control and
pesticides in chs. 482, 487, and 500, F.S.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3