Section 5E-2.0105 - Definitions(1) Building structure and its contents - For the purpose of the rule the term structure and its contents shall mean the building, both structural and nonstructural components, assembled as a part of the construction.(2) Building test - A test conducted on a building as defined in Section 202 of the Florida Building Code (2001 edition, available from the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399) with an area not less than 350 square feet.(3) Field plot test - A test conducted at a research site other than a building and at which there are no termite preventative treatments other than the product being tested.(4) Formulated Bait - A mixture of an active ingredient in the concentration proposed for registration and a material that can be fed upon by subterranean termites.(5) Independent monitors - Cellulose available and palatable to the subterranean termite population that does not contain a termiticide and is used to assess treatment effects on the termite population.(6) Infestation - Presence of living pests in, on, or under a structure, lawn, or ornamental.(7) Inspection Ports - Devices or building modifications that provide access to visual inspection of an area of a structure.(8) Randomly Selected - Each item in a population has an equal chance of being chosen.(9) Re-infestation - An occurrence of an infestation in a building after a previous infestation has been eliminated.(10) Stand-Alone - A product or device containing active ingredient pesticide or pesticides used to control a termite infestation without the required use of another pesticide or procedure.(11) Application site - The specific location being treated with a pesticide.(12) Designated Agent - An individual with a certified applicator's license in Category 1C-Private Applicator Agricultural Pest Control or Category 1D-Soil and Greenhouse Fumigation as stated in Rule 5E-9.021, F.A.C. or an individual working under his or her direct supervision for the purpose of applying pesticides.(13) "Stewardship Policy" means a written plan that addresses the education and training of all fumigation employees and includes requirements for continued sale and use of the registrant's residential fumigant, instructions to follow the residential fumigant's label requirements and submission to quality assurance inspections conducted by the registrant or designated representative such as distributors and contractors.(14) "Fumigation Employee" means any of the following persons who is an employee of a licensee or a person conducting fumigation at the direction of or under the control of a licensee: (a) Certified Operators in the fumigation category pursuant to Section 482.111(2)(a), F.S.;(b) Special Identification Cardholders;(c) Employee Identification Cardholders with the Fumigation Identification Card endorsement.(15) "Residential Fumigant" means a registered pesticide labeled for structural fumigation including or encompassing residential areas in the state of Florida.(16) "Licensee, " as the term is used in this rule chapter, means a person, partnership, firm, corporation or other business entity having a license issued under the provisions of Chapter 482, F.S., by the department for engaging in the business of structural pest control in the category of fumigation pursuant to Section 482.111(2)(a), F.S.(17) "Permanent stop-sale" means the action taken by the registrant to stop the sale of a residential fumigant to a licensee on a permanent basis after the department has revoked a licensee's license to perform residential fumigations.(18) "Extended stop-sale" means the action taken by the registrant to stop the sale of a residential fumigant to a licensee for a determined period of time.Fla. Admin. Code Ann. R. 5E-2.0105
Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.0435, 487.051 FS.
New 3-23-03, Amended by Florida Register Volume 41, Number 062, March 31, 2015 effective 4/16/2015, Amended by Florida Register Volume 43, Number 080, April 25, 2017 effective 5/7/2017.New 3-23-03, Amended 4-16-15, 5-7-17.