Bill Text: FL S1270 | 2016 | Regular Session | Introduced

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Bill Title: Pesticide Registration

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Appropriations [S1270 Detail]

Download: Florida-2016-S1270-Introduced.html

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       Florida Senate - 2016                                    SB 1270
       
       
        
       By Senator Simpson
       
       18-00976-16                                           20161270__
    1                        A bill to be entitled                      
    2         An act relating to pesticide registration; amending s.
    3         487.041, F.S.; deleting provisions relating to
    4         supplemental registration fees for certain pesticides
    5         that contain active ingredients for which the United
    6         States Environmental Protection Agency has established
    7         food tolerance limits; deleting a provision requiring
    8         the department to publish a list of certain active
    9         ingredients; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (1) and (2) of section 487.041,
   14  Florida Statutes, are amended to read:
   15         487.041 Registration.—
   16         (1)(a) Effective January 1, 2009, each brand of pesticide,
   17  as defined in s. 487.021, which is distributed, sold, or offered
   18  for sale, except as provided in this section, within this state
   19  or delivered for transportation or transported in intrastate
   20  commerce or between points within this state through any point
   21  outside this state must be registered in the office of the
   22  department, and such registration shall be renewed biennially.
   23  Emergency exemptions from registration may be authorized in
   24  accordance with the rules of the department. The registrant
   25  shall file with the department a statement including:
   26         1. The name, business mailing address, and street address
   27  of the registrant.
   28         2. The name of the brand of pesticide.
   29         3. An ingredient statement and a complete current copy of
   30  the labeling accompanying the brand of pesticide, which must
   31  conform to the registration, and a statement of all claims to be
   32  made for it, including directions for use and a guaranteed
   33  analysis showing the names and percentages by weight of each
   34  active ingredient, the total percentage of inert ingredients,
   35  and the names and percentages by weight of each “added
   36  ingredient.”
   37         (b) Effective January 1, 2009, for the purpose of defraying
   38  expenses of the department in connection with carrying out the
   39  provisions of this part, each registrant shall pay a biennial
   40  registration fee for each registered brand of pesticide. The
   41  registration of each brand of pesticide shall cover a designated
   42  2-year period beginning on January 1 of each odd-numbered year
   43  and expiring on December 31 of the following year.
   44         (c) Each registration issued by the department to a
   45  registrant for a period beginning in an odd-numbered year shall
   46  be assessed a fee of $700 per brand of pesticide and a fee of
   47  $200 for each special local need label and experimental use
   48  permit, and the registration shall expire on December 31 of the
   49  following year. Each registration issued by the department to a
   50  registrant for a period beginning in an even-numbered year shall
   51  be assessed a fee of $350 per brand of pesticide and fee of $100
   52  for each special local need label and experimental use permit,
   53  and the registration shall expire on December 31 of that year.
   54         (d)1. Effective January 1, 2009, in addition to the fees
   55  assessed pursuant to paragraphs (b) and (c), for the purpose of
   56  defraying the expenses of the department for testing pesticides
   57  for food safety, each registrant shall pay a supplemental
   58  biennial registration fee for each registered brand of pesticide
   59  that contains an active ingredient for which the United States
   60  Environmental Protection Agency has established a food tolerance
   61  limit in 40 C.F.R. part 180. The department shall biennially
   62  publish by rule a list of the pesticide active ingredients for
   63  which a brand of pesticide is subject to the supplemental
   64  registration fee.
   65         2. Each registration issued by the department to a
   66  registrant for a period beginning in an odd-numbered year shall
   67  be assessed a supplemental registration fee of $630 per brand of
   68  pesticide that is subject to the fee pursuant to subparagraph 1.
   69  Each registration issued by the department to a registrant for a
   70  period beginning in an even-numbered year shall be assessed a
   71  supplemental registration fee of $315 per brand of pesticide
   72  that is subject to the fee pursuant to subparagraph 1. The
   73  department shall retroactively assess the supplemental
   74  registration fee for each brand of pesticide that registered on
   75  or after January 1, 2009, and that is subject to the fee
   76  pursuant to subparagraph 1.
   77         (d)(e) All revenues collected, less those costs determined
   78  by the department to be nonrecurring or one-time costs, shall be
   79  deferred over the 2-year registration period, deposited in the
   80  General Inspection Trust Fund, and used by the department in
   81  carrying out the provisions of this chapter. Revenues collected
   82  from the supplemental registration fee may also be used by the
   83  department for testing pesticides for food safety.
   84         (e)(f) If the renewal of a brand of pesticide, including
   85  the special local need label and experimental use permit, is not
   86  filed by January 31 of the renewal year, an additional fee of
   87  $25 per brand of pesticide shall be assessed per month and added
   88  to the original fee. This additional fee may not exceed $250 per
   89  brand of pesticide. The additional fee must be paid by the
   90  registrant before the renewal certificate for the registration
   91  of the brand of pesticide is issued. The additional fee shall be
   92  deposited into the General Inspection Trust Fund.
   93         (f)(g) This subsection does not apply to distributors or
   94  retail dealers selling brands of pesticide if such brands of
   95  pesticide are registered by another person.
   96         (g)(h) All registration fees, including supplemental fees
   97  and late fees, are nonrefundable.
   98         (h)(i) For any currently registered pesticide product brand
   99  that undergoes labeling revisions during the registration
  100  period, the registrant shall submit to the department a copy of
  101  the revised labeling along with a cover letter detailing such
  102  revisions before the sale or distribution in this state of the
  103  product brand with the revised labeling. If the labeling
  104  revisions require notification of an amendment review by the
  105  United States Environmental Protection Agency, the registrant
  106  shall submit an additional copy of the labeling marked to
  107  identify those revisions.
  108         (i)(j) Effective January 1, 2013, all payments of any
  109  pesticide registration fees, including supplemental fees and
  110  late fees, shall be submitted electronically using the
  111  department’s Internet website for registration of pesticide
  112  product brands.
  113         (2) The department shall adopt rules governing the
  114  procedures for the registration of a brand of pesticide and, for
  115  the review of data submitted by an applicant for registration of
  116  the brand of pesticide, and for biennially publishing the list
  117  of active ingredients for which a brand of pesticide is subject
  118  to the supplemental registration fee pursuant to subparagraph
  119  (1)(d)1. The department shall determine whether the brand of
  120  pesticide should be registered, registered with conditions, or
  121  tested under field conditions in this state. The department
  122  shall determine whether each request for registration of a brand
  123  of pesticide meets the requirements of current state and federal
  124  law. The department, whenever it deems it necessary in the
  125  administration of this part, may require the manufacturer or
  126  registrant to submit the complete formula, quantities shipped
  127  into or manufactured in the state for distribution and sale,
  128  evidence of the efficacy and the safety of any pesticide, and
  129  other relevant data. The department may review and evaluate a
  130  registered pesticide if new information is made available that
  131  indicates that use of the pesticide has caused an unreasonable
  132  adverse effect on public health or the environment. Such review
  133  shall be conducted upon the request of the State Surgeon General
  134  in the event of an unreasonable adverse effect on public health
  135  or the Secretary of Environmental Protection in the event of an
  136  unreasonable adverse effect on the environment. Such review may
  137  result in modifications, revocation, cancellation, or suspension
  138  of the registration of a brand of pesticide. The department, for
  139  reasons of adulteration, misbranding, or other good cause, may
  140  refuse or revoke the registration of the brand of any pesticide
  141  after notice to the applicant or registrant giving the reason
  142  for the decision. The applicant may then request a hearing,
  143  pursuant to chapter 120, on the intention of the department to
  144  refuse or revoke registration, and, upon his or her failure to
  145  do so, the refusal or revocation shall become final without
  146  further procedure. The registration of a brand of pesticide may
  147  not be construed as a defense for the commission of any offense
  148  prohibited under this part.
  149         Section 2. This act shall take effect July 1, 2016.