Florida Statute 487.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 487
PESTICIDE REGULATION AND SAFETY

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F.S. 487.091

487.091 Tolerances, deficiencies, and penalties.—

(1) No deficiency will exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deficiency is greater than 3 percent of the amount guaranteed of one or more of the active ingredients or added ingredients claimed, except as provided by the department by rule.

(2) If a pesticide is found by analysis to be deficient in an active ingredient beyond the tolerance as provided in this part, the registrant is subject to a penalty for the deficiency in the Class III category pursuant to s. 570.971 per violation. However, no penalty shall be assessed when the official sample was taken from a pesticide that was in the possession of a consumer for more than 45 days after the date of purchase by that consumer or when the product label specifies that the product should be used by an expiration date that has passed. Procedures for assessing penalties shall be established by rule, based on the degree of the deficiency. Penalties assessed shall be paid to the consumer or, in the absence of a known consumer, the department. If the penalty is not paid within the prescribed period as established by rule, the department may deny, suspend, or revoke the registration of any pesticide.

(3) If a pesticide is found to be ineffective, it shall be deemed to be misbranded and subject to a penalty in the Class III category pursuant to s. 570.971 for each violation.

(4) If a pesticide is found by the department to be of short measure while in the possession of the consumer, the registrant shall make payment in full to the consumer in an amount consistent with procedures to be established by rule.

History.—s. 1, ch. 65-457; ss. 14, 35, ch. 69-106; s. 439, ch. 71-136; s. 4, ch. 82-106; s. 100, ch. 83-218; s. 20, ch. 84-338; s. 5, ch. 90-65; ss. 21, 37, ch. 92-115; s. 17, ch. 94-233; s. 24, ch. 2000-154; s. 36, ch. 2004-64; s. 22, ch. 2014-150.

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Amendments to 487.091

Arrestable Offenses / Crimes under Fla. Stat. 487.091

Level: Degree
Misdemeanor/Felony: First/Second/Third

S487.091 - HEALTH-SAFETY - PESTICIDE DEFICIENCY OVER TOLERANCE SUBSQ VIOL - M: F

S487.091 - HEALTH-SAFETY - PESTICIDE DEFICIENCY OVER TOLERANCE 1ST VIOL - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 487.091

Total Results: 9

Kevin Osorio v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

Citation: 186 So. 3d 601, 2016 Fla. App. LEXIS 3134

Snippet: Coolidge v. New Hampshire, 403 U.S. 443, 487, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). This includes

Willacy v. State

Court: Supreme Court of Florida | Date Filed: 2007-06-28

Citation: 967 So. 2d 131, 2007 WL 1836848

Snippet: omitted) (citing Holloway v. Arkansas, 435 U.S. 475, 487-91, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978); Glasser

State v. Moninger

Court: District Court of Appeal of Florida | Date Filed: 2007-01-05

Citation: 957 So. 2d 2, 2007 WL 28249

Snippet: in evidence. See, e.g., Coolidge, 403 U.S. at 487, 91 S.Ct. 2022. Conversely, if the law enforcement

Rahmani v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-04

Citation: 898 So. 2d 132, 2005 WL 497268

Snippet: [4] Coolidge v. New Hampshire, 403 U.S. 443, 487, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). See also State

State v. Alexander

Court: District Court of Appeal of Florida | Date Filed: 2002-02-22

Citation: 810 So. 2d 552, 2002 WL 246353

Snippet: See Coolidge v. New Hampshire, 403 U.S. 443, 487, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). To determine

Lebron v. State

Court: Supreme Court of Florida | Date Filed: 2001-08-30

Citation: 799 So. 2d 997, 2001 WL 987233

Snippet: attach); United States v. Jorn, 400 U.S. 470, 487, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971) (finding that

State v. Iaccarino

Court: District Court of Appeal of Florida | Date Filed: 2000-04-12

Citation: 767 So. 2d 470, 2000 WL 369084

Snippet: See Coolidge v. New Hampshire, 403 U.S. 443, 487, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). To determine

Thomason v. State

Court: Supreme Court of Florida | Date Filed: 1993-06-24

Citation: 620 So. 2d 1234, 1993 WL 219769

Snippet: sponte declaration of this mistrial. 400 U.S. at 487, 91 S.Ct. at 558 (emphasis supplied). Courts construing

Newman v. Hornsby

Court: District Court of Appeal of Florida | Date Filed: 1980-06-18

Citation: 385 So. 2d 1106

Snippet: territorial jurisdiction. Schlanger v. Seamans, 401 U.S. 487, 91 S.Ct. 995, 28 L.Ed.2d 251 (1971), reh. den. 402