(a) Private applicator license. A private applicator license is valid for use by private applicators as defined in Section (52), F.S.

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2 } 5E Definitions Fumigant means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state. The term "raw agricultural commodity" is defined by 21 USCS 321 as any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

3 } 5E Pesticide Applicator Licenses. (1) License types. Each individual licensed as a pesticide applicator must be licensed in one of three license types and must be licensed in a minimum of one primary category. License types are: (a) Private applicator license. A private applicator license is valid for use by private applicators as defined in Section (52), F.S.

4 (b) Public applicator license. A public applicator license is valid for use by public applicators as defined in Section (55), F.S. (c) Commercial applicator license. A commercial applicator license is valid for use by commercial applicators as defined in Section (16), F.S. A commercial applicator shall not be required to have a private applicator license to function as a private applicator; nor shall a commercial applicator be required to have a public applicator license to function as a public applicator; provided the commercial categories in which the applicator is licensed are the appropriate categories for the applications to be made.

5 (2) Restrictions on license types. (b) Fumigation. With the exception of the regulatory pest control category, the public and commercial license types are not valid for fumigation using restricted use fumigants unless the license includes the appropriate fumigation category.

6 } Category 9 Regulatory Pest Control. This category is applicable to state, federal, and other government employees who use or supervise the use of restricted use pesticides, or other pesticides requiring licensure, in the control of regulated pests, including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of public applicator

7 } (d) Category 1C Private Applicator Agricultural Pest Control. This category includes individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural plants, including but not limited to tobacco, peanuts, cotton, feed grains, soybeans, forage, vegetables, fruits, nuts, forests, ornamental trees, shrubs, flowers, or turf; or in the fumigation of soil, agricultural structures, or raw agricultural commodities; or in the production of agricultural animals, including but not limited to beef or dairy cattle, swine, sheep, horses, goats, poultry, fish, or other agricultural livestock, and including places on or in which animals are kept or confined or places where such animals are likely to be kept or confined; and on grasslands and non-crop agricultural lands. This category is valid solely for licensure of private applicators.

8 } (e) Category 1D Soil and Greenhouse Fumigation. This category is applicable to individuals using or supervising the use of any restricted use fumigant pesticide injected or applied to field soils; to the soils of seed or transplant beds or containerized plants; to potting soil; to lawns, turf, and ornamentals not associated with structures; or within enclosed agricultural structures such as greenhouses where agricultural production is in progress. This category is valid for licensure of public and commercial applicators.

9 } (f) Category 1E Raw Agricultural Commodity Fumigation. This category is applicable to individuals using or supervising the use of any restricted use fumigant pesticide injected or otherwise applied to any post-harvest raw agricultural commodity within any storage facility, during processing or manufacturing procedures, or applied to or within a storage facility prior to the facility receiving a raw agricultural commodity for storage or after a raw agricultural commodity has been removed from such a facility. Storage facilities include but are not limited to corn cribs, grain elevators, tobacco barns, produce trailers, farm vehicles used to store agricultural commodities, processing plant bins or storage rooms for raw commodities, and any other enclosed structure used to contain a harvested raw agricultural commodity. This category is valid for licensure of public and commercial applicators.

10 } (a) Private applicators who apply restricted use pesticides by ground application must be licensed in Category 1C Private Applicator Agricultural Pest Control. No other primary or secondary categories are available for licensure of private applicators. } (b) Public and commercial applicators must be licensed in a minimum of one primary category, exclusive of Category 1C Private Applicator Agricultural Pest Control. The latter category is not valid for licensure of public or commercial applicators.

11 } (c) Public and commercial applicators must be licensed in all primary and secondary categories applicable to the types of pesticide applications to be made.

12 } Exceptions: 1) Category 1C does not apply to public or commercial applicators; 2) Individuals licensed in Category 9 need not be licensed in Category 1D or 1E; 3) Aerial applicators who make no ground applications and no pest management decisions, but only apply pesticides aerially at the request of another party who has made the necessary determinations regarding pest management and pesticide application, do not need to be licensed in any category except Category 11. Aerial applicators who make determinations regarding pest management and pesticide application must be licensed in the aerial category and all other categories applicable to the treatment site(s).

13 } 5E General Certification Standards for All Licensed Applicators. All individuals seeking licensure must demonstrate knowledge of the safe use and handling of pesticide products. Possession of such knowledge shall include having a working knowledge of the following areas of competency as they apply to the specific categories in which licensure is sought: (1) Pesticide labels and labeling comprehension, including: (a) The general format and terminology of pesticide labels and labeling; (b) The understanding of instructions, warnings, terms, symbols, and other information appearing on pesticide labels; (c) Classification of the product (unclassified or restricted use); and (d) Necessity for use consistent with the label.

14 } (2) Pesticide safety, including: (a) Pesticide toxicity, hazards to man, and common exposure routes; (b) Common types and causes of pesticide accidents; (c) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas; (d) Need for and use of protective clothing and personal protective equipment; (e) Signs and symptoms of pesticide poisoning; (f) First aid and other procedures to be followed in case of a pesticide accident; and (g) Proper identification, storage, transport, handling, mixing and loading procedures and disposal methods for pesticides and empty pesticide containers, including management actions and precautions to be taken to prevent children or other individuals from having access to pesticides or pesticide containers.

15 } (3) Environmental The potential environmental consequences of the use and misuse of pesticides as may be influenced by factors such as: (a) Weather and climate; (b) Terrain, geological features, and soil type; (c) Presence of fish or other wildlife, and other nontarget organisms; and (d) Wetlands, other bodies of water, and soil drainage patterns.

16 } (4) Pest features, including: (a) Common features of pest organisms and characteristics of damage needed for pest recognition; (b) Identifying features of relevant pests; and (c) Pest development and biology relevant to problem identification or pest control

17 } (5) Pesticide factors, including: (a) Types of pesticides; (b) Types of formulations; (c) Compatibility, synergism, persistence, and animal or plant toxicity of pesticide formulations; (d) Hazards and residues associated with use; (e) Factors which may influence effectiveness or lead to pesticide resistance; and (f) Pesticide mixing, loading, dilution, or other preparation procedures.

18 } (6) Pesticide application equipment, including: (a) Types and components of equipment and advantages and limitations of each; and (b) Equipment use, maintenance and calibration.

19 } (7) Application methodology, including: (a) Methods used to apply various formulations of pesticides, and the knowledge of which formulation and application method should be used in a given situation; (b) Characteristics that distinguish between proper and improper pesticide applications; and (c) Methods of minimizing or preventing pesticide drift into the environment. } (8) Laws and regulations applicable state and federal laws and regulation

20 } 5E Category Certification Standards. } (1) Primary categories.

21 } } Category 1C Private Applicator Agricultural Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of agricultural plant and animal production, associated pests, the chemical control measures that pertain to the prevention or control of such pests, the equipment or methodologies required to safely and effectively implement such measures, preharvest application intervals, post-application reentry interval restrictions, specific pesticide toxicity, and the potential for: pesticide residues in agricultural commodities; phytotoxicity; pesticiderelated soil or water impacts; pesticide-induced environmental contamination; non-target injury; off-site problems that may result from the improper use of pesticides in agricultural production; animal injury associated with pesticide formulation, application techniques, animal age or stress, or extent of treatment. Applicators in this category shall also demonstrate practical knowledge of the procedures and equipment used to apply pesticides with irrigation water through an irrigation system.

22 } This knowledge shall include equipment calibration; proper design, use, and maintenance of anti-siphon devices and check valves to prevent pesticide contamination of water supplies; proper interpretation of pesticide label or labeling requirements for products registered for chemigation; and appropriate use of personal protective equipment associated with this type of application. Applicators seeking licensure in this category shall also demonstrate practical knowledge of soilinhabiting pests and pests of stored raw agricultural commodities, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests.

23 } This knowledge shall include the basics of fumigant pesticide toxicology; application methodologies for applying soil and commodity fumigants; techniques and procedures for monitoring the concentration of a fumigant pesticide in soil, storage facilities, air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

24 } Category 1D Soil and Greenhouse Fumigation. Applicators seeking licensure in this category shall demonstrate practical knowledge of soil-inhabiting pests and pests of agricultural crops grown inside structures such as greenhouses, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodologies for applying soil and structural fumigants; techniques and procedures for monitoring the concentration of a fumigant pesticide in soil, air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

25 } Category 1E Raw Agricultural Commodity Fumigation. Applicants seeking licensure in this category shall demonstrate practical knowledge of pests of stored raw agricultural commodities, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodology for fumigating stored agricultural commodities; techniques and procedures for monitoring the concentration of a fumigant pesticide in a storage facility or in air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

26 } Category 9 Regulatory Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulatory measures, environmental impact of pesticides used in suppression and eradication programs, and factors that may influence the introduction, spread, or population dynamics of regulated pests. Such knowledge shall extend beyond that relevant to Florida situations because of the necessity to assist periodically throughout the U.S. with regulated pests.

27 Applicators shall also demonstrate practical knowledge of soil-inhabiting pests and pests of agricultural crops grown inside structures such as greenhouses, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodologies for applying soil and space fumigants; techniques and procedures for monitoring the concentration of a fumigant pesticide in soil, air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

28 } Applicants seeking licensure in this category shall demonstrate practical knowledge of pests of stored raw agricultural commodities, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology and application methodology for fumigating stored agricultural commodities.

29 Raw Agricultural Commodity Fumigation (Ch. 487, F.S. ) Obtaining the License Exams Required Raw Ag Commodity Fumigation General Standards (CORE) Additional Information Pre-Requisites None Exam Fee $0 Eligibility Requirements 18 years + License Fee Public (PB) $100 Commercial (CM) $250 Continuing Education Units (CEUs) Core (487) 4 Raw Ag 4 License Term 4 years Insurance Requirements None

30 } Each pest control business location must be licensed by this agency, maintain the minimum financial responsibility requirements for bodily injury and property damage in the amounts of $250,000 per person and $500,000 per occurrence for Bodily injury; and property damage $250,000 per occurrence and $500,000 in the aggregate for property damage and employ a Florida certified operator

31 } Qualify through Education and or Experience } Fumigation category exam } 1 year certification period } 2 core and 2 category per year } High school degree to take exam } Insurance requirements } No reciprocity

32 } Pest control includes: (a) The use of any method or device or the application of any substance to prevent, destroy, repel, mitigate, curb, control, or eradicate any pest in, on, or under a structure, lawn, or ornamental; (b) The identification of or inspection for infestations or infections in, on, or under a structure, lawn, or ornamental; (c) The use of any pesticide, economic poison, or mechanical device for preventing, controlling, eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing insects, vermin, rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental; (d) All phases of fumigation, including: 1. The treatment of products by vault fumigation; and 2. The fumigation of boxcars, trucks, ships, airplanes, docks, warehouses, and common carriers.

33 } 5E Definitions. } In addition to those terms contained in Section , F.S., the following terms shall mean: } (1) Application of fumigant(s) Release of fumigant(s) into structure or enclosed space. } (2) Fumigation operation All details prior to application of fumigant(s), the application of fumigant(s), fumigation period and post fumigation details as herein outlined. } (3) Fumigation period Period of time from application of fumigant(s) until the ventilation of structure is completed, and the structure is declared safe for occupancy.

34 } (4) General fumigation Application of fumigant(s) to one (1) or more rooms or their contents in a structure or to entire structure; or to commodities under gas-tight sheets or tarpaulins. } Spot fumigation Application of fumigant to localized harborage or infestation within, on or under a structure or enclosed space, or to a lawn under tarpaulins.

35 } Direct Supervision requires the personal presence of either the certified fumigation operator or his or her special fumigation identification cardholder at the fumigation job site. } (13) Breathing Zone is defined as the area of space in each room of a fumigated structure located anywhere between the floor and ceiling. } Secondary Locking Device is defined as any device, method or barricade, in addition to existing locking mechanisms, that is demonstratively effective in preventing an exterior door or entrance from being opened or entered by normal means by anyone other than the certified operator in charge or his special fumigation identification cardholder.

36 } Barricade and Barring is defined as the use of any material(s) that would physically prevent a person s access to the structure by way of any entrance or opening by normal means. } (16) Access device is defined as a lockbox or other on-site device that stores the key to the fumigated structure. } (17) Connected Structure is defined as any structure physically connected with the structure to be fumigated by construction elements that contain voids (e.g. pipes, conduits, drains, ducts, etc.) which may allow transfer of fumigant between the structures.

37 } (27) Structure means: (a) Any type of edifice or building, together with the land thereunder, the contents thereof, and any patio or terrace thereof; (b) That portion of land upon which work has commenced for the erection of an edifice or building; or (c) A railway car, motor vehicle, trailer, barge, boat, ship, aircraft, wharf, dock, warehouse, or common carrier.

38 } 5E Fumigation Requirements - General Fumigation } 5E Fumigation Requirements Notices } 5E Fumigation Requirements Application; Restrictions and Precautions } 5E Fumigation Requirements - Prefumigation Inspections, Evacuation, Warning Notices (Signs), Special Safety Precautions and Responsibilities } 5E Fumigation Requirements - Final Post-fumigation Clearance Inspection

39 } Florida pesticide regulations, primarily: Chapter 487, FS-Florida Pesticide Law and its attendant Rule 5e-2 and 5e-9 Chapter 482, FS-Structural Pest Control Act and its attendant Rule 5e-14

40 } Primarily gives DACS authority to regulate pesticide distribution, some use } Rules of course spell out how the authority is acted out } By comparison of use of pesticides, Chapter 487 is about 1 or 2 pages discussing use of 27+ pages discussing other regulation while all of 482 is about use

41 Pesticide use Certification or License required Private Public Commercial FUMIGATION (raw harvested agricultural commodities By property owner or non-government employee X X By government employee (work related) X X By contract service X

42 Category Certification Standards Applicators seeking a license in this category must demonstrate practical knowledge of: pests of raw agricultural commodities; the fumigant pesticides that may be used to control such pests; the equipment or methodologies required to safely implement fumigation measures to control such pests; the basics of fumigant pesticide toxicology; application methodologies for fumigating stored agricultural commodities; techniques and procedures for monitoring the concentration of a fumigant pesticide in a storage facility or in air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

43 } Definitions of pesticides, RUPs, Certified Applicator, License types, identification of pests, label and labeling, direct supervision, } Lists prohibited acts, requirements for pesticide registration, licensing requirements for applicators, renewals, fees, Rules, enforcement and sampling, duties of licensee, liability for property, persons, animal damage, record keeping, penalties, worker protection

44 } } } } } } } } } } } } } County, range, township, and section An identification system that uses maps and/or written descriptions accurately identifying the location of the treatment and distinguishing the treatment site from other sites The identification system established by the USDA found in 7 CFR 110, which uses maps and numbering systems to identify field locations Legal property description 5. Crop, commodity, or type of target site treated 6. Total size (in acres, square feet, acre-feet, number of animals treated, or other appropriate units) of the treatment site 7. Brand name and EPA registration number of the pesticide product applied 8. Total amount (lb., gal., etc.) of formulated product applied 9. Application method 10. Name of the person requesting or authorizing the application, or a statement of authority to make such application (if the application was made to property not owned or leased by the licensee) Commercial applicators must provide a copy of the application record to the person for whom the application was made within 30 days of the restricted-use pesticide application. Recording repetitive information that applies to all records is not necessary, as long as the information is recorded one time, and there is a written record indicating that this information applies to other applications as well. The required information must be recorded no later than two working days after the date of application, and may be incorporated into other business transaction records. All records must be retained for a two-year period, and must be maintained in a matter accessible to authorized representatives. A suggested, but not required, form for recording applications of restricted-use pesticides may be obtained from FDACS at pesticidecertlicensingformsanddocuments.html.

45 } } } } } } } } } } } Agricultural Pest Control (Ch. 487, F.S.) Under the authority of the Florida Pesticide Law, FDACS requires certified pesticide applicators to maintain records relating to the application of all restricted-use pesticides. There are three classifications of applicators licensed under Ch. 487, F.S.: Private applicator Public applicator Commercial applicator These requirements are unrelated to the Worker Protection Standard (WPS) requirements, which provide specific information to agricultural workers and pesticide handlers about applications made to agricultural plants on farms, forests, greenhouses, and nurseries. Recordkeeping regulations in Florida require the following data be recorded by these groups of agricultural applicators for each restricted-use pesticide application: 1. Name and pesticide applicator license number of the licensee responsible for the pesticide application 2. Name of the person who actually applied the pesticide 3. Date, start time, and end time of treatment 4. Location of the treatment site, which may be recorded using any of the following designations:

46 } County, range, township, and section } An identification system that uses maps and/or written descriptions accurately identifying the location of the treatment and distinguishing the treatment site from other sites } The identification system established by the USDA found in 7 CFR 110, which uses maps and numbering systems to identify field locations } Legal property description } 5. Crop, commodity, or type of target site treated } 6. Total size (in acres, square feet, acre-feet, number of animals treated, or other appropriate units) of the treatment site } 7. Brand name and EPA registration number of the pesticide product applied

47 } 8. Total amount (lb., gal., etc.) of formulated product applied } 9. Application method } 10. Name of the person requesting or authorizing the application, or a statement of authority to make such application (if the application was made to property not owned or leased by the licensee)

48 } Commercial applicators must provide a copy of the application record to the person for whom the application was made within 30 days of the restricted-use pesticide application. } Recording repetitive information that applies to all records is not necessary, as long as the information is recorded one time, and there is a written record indicating that this information applies to other applications as well. } The required information must be recorded no later than two working days after the date of application, and may be incorporated into other business transaction records. All records must be retained for a two-year period, and must be maintained in a matter accessible to authorized representatives. A suggested, but not required, form for recording applications of restricted-use pesticides may be obtained from FDACS at databasesearch/ pesticidecertlicensingformsanddocuments.html.

49 } Recordkeeping for 2 years but what about Kansas companies? } 5E Direct Supervision Supervise up to 15 people with your CA Training to be administered before applications Be able to physically arrive on site for application if needed Immediately available for verbal communication

50 } CA can designate a purchase agent for the fumigant, or as many as he wishes, who are unlicensed applicators or certified applicators

51 } New licenses: In or out of state ok. Out of state might need a registered agent, form provided. Exam at local extension office If you pass, send in the form, $250 and wait 6 weeks for it

52 } Renewing licenses: License good for 4 years Retake test, or, 4 Core CEUS and 4 Fumigation CEUS } If you lose your license, no fee to replace it!

53 } FL reciprocates with all states that require testing to obtain RUP licenses. } Can you get the license in FL with a card from Iowa?

54 } 482 requires 3 years experience (ID Cardholder), 15 documented supervised applications 487, no experience } 482 require CO to be full time employee of FL regulated company 487, can be anyone from anywhere that passes a test

55 } 482 requires ID cardholders and 40 hour verifiable training under the COIC 487, up to 15 guys under 1 license, no real training other than right at application } 482 requires RUPs to be purchased by a licensee with a COIC in the RUPs category 487 lets him designate as many Purchase Agents as he wishes to buy RUP s on his behalf

56 } 482 recordkeeping is audited regularly and has specific guidance 487 says 2 years, but where? Who inspects them } 482 says CO must be full time employee of FL license, basically and in most cases a FL resident 487 can be out of state, work for any company or as an individual

57 } 482 doesn t seem to allow reciprocity cases 487 will issue the license under reciprocity } 482 says 1 year certificate renewals, 2 Core and 2 Fume at minimum 487 says 4 year license, 4 Core and 4 Fume 482 equivalent over 4 years=8 Core and 8 Fume } 482 requires 24 hour notification of fumigation 487 has no requirement for notification of fumigation

58 } 482 has fees for ID cards, CO testing, CO issuance, CO renewal, Business License. Examination is $300, issuance $150, renewal annual at $150 (4 year total is $900, minus CEUs) 487 only $250, period. For 4 years (saves $650 at least) } 482 testing at prescribed locations, dates 487 anytime at extension office, oral or written, easier test } 482 is about 40 pages printed and only discusses applicators, applications 487 is under 30 pages, maybe 2 pages total on applicators

59 482-All persons who apply any pesticide (either restricted use or general use) inside or to any part of a building or structure, or to ornamentals or turf associated with a building, including lawns and plant beds, must have a pesticide applicator certification issued by the Pest Control Section of the FDACS Bureau of Entomology and Pest Control (BE&PC). This law does not apply to areas defined as "agricultural." An "agricultural area" is defined in Section , F.S., as "any area upon which a ground crop, trees, or plants are grown for commercial purposes; or where a golf course, park, nursery, or cemetery is located; or where farming of any type is performed or livestock is raised. Source: PESTICIDE APPLICATOR CERTIFICATION AND LICENSING IN FLORIDA, 2010

60 487-All persons who apply restricted use pesticides to agricultural areas, industrial areas, and any outdoor areas not associated with buildings or public health pest control must have a pesticide applicator license issued by the Bureau of Compliance Monitoring/Pesticide Certification Section. Source: PESTICIDE APPLICATOR CERTIFICATION AND LICENSING IN FLORIDA, 2010

61 Commercial Applicator License - This license is for people who use restricted use pesticides on any agricultural or related area not associated with buildings for any purpose other than as given above for private and public applicator licenses. This includes the following uses: 1) contract applications for other people to outdoor sites not associated with buildings, and 2) any other outdoor use not associated with buildings that is not involved in agricultural production and is not for a government employer. Examples of commercial applications are golf course turf maintenance, contract aerial application services, aquatic weed control service, park or cemetery maintenance, highway right-of-way maintenance by contract application, and custom application of pesticide/fertilizer blends to agricultural lands.

62 Any site within 10 feet of a building is considered "associated with buildings" and requires a license or certification from the Bureau of Entomology and Pest Controlfor any pesticide - general or restricted use - applied to the site. This includes applications to turf, ornamentals, and grounds for ant control, etc. within 10 feet of a building.

63 Applications for public health pest control (mosquito control, etc.) also require a license from the Bureau of Entomology and Pest Control.

64 } 487 license allows for out of state persons/ companies to come into FL and perform commercial service No FL payroll taxes No FL Commercial Service Tax collection No minimum insurance No FL taxes paid of any other kind No FL persons employed Generally speaking, taking money from FL tax payers Lack of oversight by regulators Loose interpretations have become arguable and created a rogue marketplace for out of state fumigators

65 } If BEPC has issued a large percentage of total fines to fumigation related violations, what has Compliance done to compare? } Why is BEPC not regulating the use of a pesticide, applied commercially, to FL land, structure, feed or food? } More importantly, when an ultra hazardous fumigant is being used, why is the training and responsibility levels not the same between FL based companies and out of state companies? 487 is certainly not 482 in terms of protecting FL consumers by way of applicator regulations.

66 } The private version of this license needs to stay for the farmer who wishes to fumigate his silo, etc. } The commercial applicator license needs revisited and probably other categories will need dealt with as well.

67 Company from Kansas comes the first time. DACS says it is structural and makes Kansas company hire FL company for fumigation. Second year, company from North Carolina comes in. DACS now says it is 487. Years go in between with plenty of light discussion, but no resolution. Finally, this last year, DACS looks into it from both angles.

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70 } Fumigant is released between the 4 walls, created seals on those walls, the floor and the ceiling. } Additionally, the fumigant is also released directly into the storage vessels, silos and hoppers } The fumigant is intentionally treating the structure as a whole, including cracks and crevices where SPP could be. } This is not dropping some PH3 tablets into a silo in the field.

71 } Connected structure to other worker occupied areas } Investigators did not understand fumigation and were not aware of one big issue 1/3 of the fumigant immediately leaked out of the fumigated space and into the larger brew house and down to open areas and warehouse due to a missed seal. Workers were present and likely in a greater than 1 ppm TLV. } DACS would not have known about this fumigation without someone telling them. } How many Certified Applicators were on site? } Of course, no FL based taxes, employees, etc.

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