Transporting Nursery operators who apply pesticides only on their own property are covered by three different Florida statutes. The first includes pesticide licensing along with other provisions, the second covers pesticide storage and spills, and the third pertains to open-container burning.

Patrolling Pesticides
Chapter 487 Florida Statutes (FS), also known as the Florida Pesticide Law, covers
licensing of pesticide dealers and people who must be licensed as pesticide applicators but are not governed by the other state statutes that address pesticide licensing.

The classes of pesticide applicators authorized by this statute are private applicator,
public applicator, and commercial applicator. The private applicator class covers
the occupations of farmers, ranchers, nursery growers, and home gardeners with the intended purpose of agricultural commodity production.

Read the label before handling pesticides.

So, that narrows it down for a nursery grower who will only need a private applicator’s license to purchase or apply restricted-use pesticides. With this license, an applicator
can apply restricteduse pesticides only in the production of an agricultural commodity on lands owned or rented by the grower or his/her employer. Agricultural commodities include field and row crops, sod farms, greenhouses, and other protected planting areas. A private applicator may not solicit, contract for, or apply a restricted-use
pesticide to another person’s operation for profit. The private applicator’s license does
not cover aerial applications or maintenance of ornamental plants outside the nursery.
If needed, a person may be licensed under more than one category.

Stipulations under Chapter 487 FS also list which pesticide products are restricteduse
and require that these products be applied only by a licensed pesticide applicator
or by trained people under the direct supervision of a licensed applicator.

This statute also requires all applicators to use pesticides according to the instructions on the pesticide label, which means that the label directions carry the force of the law. In other words, the label is the law. Every applicator is legally obligated to know and follow all label directions.

Rules in this chapter limit the application of specific pesticides, including aldicarb and
organo-auxin herbicides such as 2,4-D. Rules also specify details about storing restricted-use pesticides and proper disposal of certain types of pesticide wastes.
Recordkeeping requirements are covered as well as contacts that must be made in the event of a serious accident or injury. The rules also cover penalties that can be imposed for wrongful acts.

The Next Chapter
The second law that could impact nurseries is Chapter 252 FS, the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act. This law requires that storage of certain amounts of active ingredients listed by the EPA as extremely hazardous substances be reported to the Florida Department of Community Affairs (FDCA) with the location of the storage site and name of the person responsible for the site. A notification fee and an annual fee are required as long as the threshold quantity of any of these hazardous substances is held on the site during the previous calendar year.

A nursery operator needs a private applicator’s license to apply restricted-use pesticides on his property.

The part of this law that could impact nurseries the most is the requirement for reporting spills of 1 pound or more of active ingredients of pesticides listed as extremely hazardous substances. FDCA has forms that are required for reporting these spills. Failure to report storage or spills of these substances can result in substantial fines or even imprisonment.

Recovery And Management
Chapter 403 FS is the third statute that can have an impact on nurseries. This is the Florida Resource Recovery and Management Act, which regulates open burning of emptied pesticide containers. The intent of this statute is to promote alternative ways of disposing of emptied containers. The rules place limitations on open burning of
these containers.

It is important to note that Florida law only covers use of restricted-use pesticides. Applicators of any pesticides, whether restricted-use or not, must abide by the Worker Protection Standard (WPS) as set by the EPA. This regulation applies where pesticides are used in production of agricultural plants for commercial or research
purposes on farms, forests, nurseries, greenhouses, and related structures.
It covers pesticide applicators, mixer/ loaders, disposers of pesticide containers,
and those who may be exposed to pesticide residue on the job. Both general-
use and restricted-use pesticide applications are covered by the WPS.

The nursery operator also must abide by local ordinances. These ordinances are limited to regulating certain types of activities that involve pesticides. These activities include land use and zoning, building codes, and waste management and disposal.

It’s In Your Hands
In conclusion, the Florida law with the greatest impact on a nursery operator is Chapter 487 FS. This law provides that the nursery operator can obtain a private applicator’s license to use restricted-use pesticides on his own property, contains rules for storage of restricted-use pesticides, and outlines recordkeeping requirements.
It is the responsibility of the applicator to know and understand the laws that regulate the use of pesticides. Read the label before handling any pesticide and follow the label directions as they are written.

Sylvia Shives is an ornamental horticulture agent at the University of Florida/Institute of Food and Agricultural Sciences Manatee County Extension Service in Palmetto, FL.