Post-Fumigation Audit: Late Notice, Missing Placard, and a Retroactive Clearance
An FDACS inspector reviews a structural fumigation performed 10 days earlier in a 24,000 ft³ house. The records show sulfuryl fluoride applied at 1X, a 24-hour exposure, and a clearance reading of 0.8 ppm. However, the occupant notice was delivered the morning the tarps went on, no placard was posted at the rear sliding door, and the clearance entry has no instrument calibration record or time. The applicator's fumigation certificate expired three days before the job. The homeowner says the company told her, 'If you can't smell it, it's safe.' The company wants to 'fix the paperwork' by writing a new clearance record today, since the house has been occupied for a week without complaints.
1. Identify the violations and explain why each matters.
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Several violations are apparent. First, the occupant notice was not given at least 24 hours before fumigation as required by Florida structural fumigation rules; same-day notice defeats the purpose of giving occupants time to arrange alternative lodging. Second, no placard was posted at the rear sliding door, so an entrance lacked the required warning and someone could have entered during the exposure. Third, the clearance record lacks a time and instrument calibration record, which means the 0.8 ppm reading cannot be verified as valid. Fourth, the applicator's fumigation certificate had expired, so the person performing the work was not properly certified at the time.
The statement that 'if you can't smell it, it's safe' is also a serious misrepresentation. Sulfuryl fluoride is odorless, so smell is never a clearance indicator; relying on it could lead to premature re-entry. These are not paperwork technicalities. They go to notification, security of the fumigation site, verification of safe re-entry, and competency of the applicator.
2. What records should the company have kept, and for how long?
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The company should have kept the fumigation record showing the date and time of application, the product and EPA registration number, the rate and total amount used, the treated volume, the exposure period, temperature, the applicator's name and certificate number, and the notice and posting information. It should also have kept the clearance readings with the time, location, instrument used, calibration record, and the name of the person who cleared the structure. Any monitoring or incident records should be included.
Florida requires fumigation records to be retained for three years. FIFRA requires records for restricted-use pesticide applications for at least two years, so the three-year state period controls. The records must be accurate and contemporaneous. Missing or reconstructed records undermine the company's ability to prove that the job was done lawfully and safely.
3. Can the company create a new clearance record now? What must be done to correct the situation?
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No. The company cannot backdate or create a new clearance record as if it had been made on the day of the fumigation. That would be falsification of records and would not cure the original violation. The original record should be preserved, and any later testing should be documented as a separate, dated entry that explains why it was performed.
To correct the situation, the company should re-test the house with a calibrated instrument, document the time, locations, and reading, and aerate further if any reading exceeds 1 ppm. It should review the notice and posting procedures, verify that all applicators hold current certificates, and retrain staff on the odorless nature of sulfuryl fluoride. The inspector should be given the original records and the new test results. Because the house has been occupied without complaints, the current risk may be low, but that does not excuse the missing documentation or the expired certificate.