Section 5B-59.002 - Standards for Determining When to Cease Use of a Pesticide During an Emergency Response to a Plant Pest Infestation Which Involves the Aerial Application of a Pesticide to an Urbanized Area(1) When the Department conducts an emergency response to a plant infestation which involves the aerial application of a pesticide to an urbanized area (hereafter referred to as the "Emergency Response") under section 593.20, F.S., it will coordinate with the Department of Health to obtain and share all available human health effects information related to the Emergency Response, including, but not limited to:(a) Aggregate information collected from physicians and hotline calls.(b) Data generated by county health departments, poison control centers and related public health organizations relative to the monitoring of human health effects.(c) Data generated by public health information or surveillance plans implemented to monitor, detect and investigate any health impacts under the Emergency Response.(d) Physicians reports of patients treated for illnesses which may be exposure related.(e) Documentation of exposures not addressed by any pesticide risk assessments that may have been prepared in connection with the Emergency Response.(f) Data which provide for the comparison of health information from individuals or groups before and after treatments.(2) The Department will request the Health Advisory Committee established under section 593.24, F.S., review the data obtained under subsection (1), dealing with potential human health effects in the Emergency Response area and provide its opinion regarding the existence or potential existence of adverse human health effects caused by the Emergency Response. If actual or potential adverse human health effects are identified, the Department will ask the Health Advisory Committee to evaluate the data in relation to the significance of the health effects identified by examining the data and providing its opinions, findings and recommendations on the following issues, where applicable:(a) Whether the reported symptoms are consistent with the known toxicology of one or more of the materials in the pesticide mixture used.(b) Whether the symptoms are consistent among the reported and documented cases.(c) Whether the onset of symptoms is consistent with the timing of the exposure.(d) If there is a relationship between the magnitude of the known, documented, or calculated exposure(s) and the severity of the reported symptoms.(e) Whether other causes for the reported symptoms have been ruled out.(f) Whether the expression of toxicity is biologically plausible.(g) The severity of the reported symptoms.(h) The number of cases reported and the number that are believed to be related to or caused by the Emergency Response.(i) Whether or not the findings in relation to the review of data in paragraphs (a)-(h), support the conclusion that the combination of pesticide active ingredient, method of application and dosages used are causing or are likely to cause unreasonable adverse health effects to people in the Emergency Response area.(j) If the answer in paragraph (i), is yes, whether or not the method of application or dosages or pesticide active ingredient used can be changed so that significant adverse health effects to people in the Emergency Response area are unlikely.(3) The Department will discontinue use of a pesticide under an emergency response when the following standards are met: (a) The Health Advisory Committee established under section 593.24, F.S., based on its review of data under subsection (2), provides its written conclusion that the pesticide active ingredient, method of application or dosages used are causing or are likely to cause unreasonable adverse health effects to people in the Emergency Response area; and, (b) The method of application or dosages or pesticide active ingredient used for Emergency response can not be modified to such a degree to change the Health Advisory Committee's conclusion that the combination of pesticide active ingredient, method of application or dosages used are causing or are likely to cause significant adverse health effects to people in the Emergency Response area; or(c) The Department does not immediately implement modifications, if any, deemed necessary by the Health Advisory Committee to conclude that the combination of pesticide active ingredient, method of application or dosages used are not likely to cause unreasonable adverse health effects to people in the Emergency Response area.Fla. Admin. Code Ann. R. 5B-59.002
Rulemaking Authority 593.21 FS. Law Implemented 593.20, 593.21, 593.24 FS.