Public Education

    PESTICIDE REGULATION IN FLORIDA

    Pesticides and You

      Pesticides are used extensively in Florida for a variety of applications.  For this reason the registration, use, and environmental impact of pesticide application is carefully control by the State of Florida.

    Federal Regulation

      Federal regulation of the distribution, sale, or use of pesticides in governed by the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA").  Administered by the U.S. Environmental Protection Agency ("EPA"), FIFRA requires that pesticide products be registered and labeled. Additionally, it requires that applicators of pesticides that may be hazardous be certified.  This federal regulatory scheme applies to the distribution, sale, or use of pesticides in any state.  While the EPA is responsible for regulating labeling and packaging, state's may regulate pesticide use and sales to the extent that such regulation does not conflict with the federal scheme.

    State Regulation

      Within Florida, the Department of Agriculture and Consumer Services ("DACS") is responsible for enforcing the state's version of the federal regulatory scheme.  Called the "Florida Pesticide Law," the state law is intended to protect people and the environment from the adverse effects of pesticides.  To that end, the state has established the Pesticide Review Council.  This Council advises the Commissioner of Agriculture regarding the sale, use, and registration of pesticides within the state and serves as a forum for the coordination of pesticide-related activities.

    Product Registration

      Before a pesticide can be sold or used, FIFRA requires that it be registered with the EPA. During the registration process, EPA will classify a pesticide as appropriate for general use, restricted use, or both. Pesticides receiving a restricted-use classification may only be applied under the supervision of a certified applicator or under certain conditions.  Classification depends upon the impact of the pesticide application on the environment.  Pesticides which will not generally cause unreasonable adverse effects on the environment are classified for general use.  Those which, under the same circumstances, may cause injury to the applicator or other persons, or have other adverse impact, are classified as restricted-use pesticides.  In addition to the federal registration requirement, Florida also requires that any pesticides distributed or sold within the state be registered with the DACS so that it can be determined whether the pesticide should be classified as a "restricted-use pesticide" according to Florida law.  If the pesticide is classified as a restricted-use pesticide, then additional regulations are imposed.  These include both licensure requirements for applicators and dealers in restricted-use pesticides and possible regulations as to area, time, amount, and other conditions where deemed necessary to avoid injury.

    Labeling

      Labeling is required under the federal system and is the primary way through which EPA regulates the use of pesticides.  Under federal law, it is unlawful to mislabel a pesticide or to use it in a manner inconsistent with its label.  Similarly, under the Florida Pesticide Law, misbranding of any pesticide or application device is also illegal.

    Applicator Certification

      The third prong of the federal scheme is certification of pesticide applicators.  Like the federal regulatory scheme, Florida issues different certifications based upon the use for which the applicator wishes to put the restricted-use pesticide.  Applications for licensure should be made to the DACS, which issues licenses under the following broad classifications: certified private applicator; and certified public applicator.  In Florida, the DACS is responsible for regulating applicators and has established standards for certification and procedures for continued demonstration of competency and the renewal of licenses.

    Restricted-use Pesticides

      In evaluating the safe use of pesticides, the DACS may decide that a pesticide is only safe to use in certain circumstances.  In such cases, the pesticide will be classified as a "restricted-use pesticide."  Under Florida law, a pesticide will be given this classification if it may cause unreasonable adverse effects on the environment or injury to the applicator or other persons when applied correctly.  If so classified, the Florida Pesticide Law specifies additional requirements, such as certification and licensure, that will apply if the pesticide is to be used.  The law also prohibits certain acts and provides penalties for violations.

    Liability Under Other Laws for Pollution

      Under Chapter 403, Florida Statutes, Florida's Department of Environmental Protection ("FDEP") is given the responsibility to protect the environment from pollution due to various activities.  In accordance with that mandate, FDEP has promulgated several rules which may directly affect the use of pesticides in Florida.  Most notably, if a pesticide can later be determined to be the cause of a reduction in water quality, it may result in an enforcement action being initiated by the FDEP. Additionally, any person who causes pollution which may harm or injure humans, animals, plants, or aquatic life or property may be held liable.

    This brochure was produced by the Committee on Access to Justice.  For other brochures, click here.