Section 5-1001 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Fund” means the Nuisance Insects Fund. (c) (1) “Nuisance insect” means an insect that is determined by the Secretary to pester or annoy only humans. (2) “Nuisance insect” does not include: (i) An insect that is a threat to the health of humans, animals, or plants; or (ii) A pollinator.
Section 5-1002 – Legislative Findings
The General Assembly finds that the proliferation of certain species of insects, including the group Simulium jenningsi, commonly known as black flies, while not posing a direct threat to the health of humans, animals, or plants, may constitute a public and common nuisance on land and waters used for recreation, employment, and tourism.
Section 5-1003 – Program to Control or Eliminate Nuisance Insects
(a) (1) Subject to available funding in the State budget and subject to subsection (b) of this section, the Secretary may implement a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects in the State. (2) The program shall be implemented on: (i) State–owned property; (ii) Property owned by a local government with the consent of the […]
Section 5-1004 – Nuisance Insects Fund
(a) There is a Nuisance Insects Fund. (b) The purpose of the Fund is to facilitate the control or elimination of nuisance insects in the State. (c) The Secretary or the Secretary’s designee shall administer the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. […]
Section 5-1005 – Regulations
The Secretary may adopt regulations to implement this subtitle.
Section 5-901 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Acceptable release rate” means a measured release rate equal to or less than 5.0 micrograms per square centimeter per day at steady state conditions determined in accordance with the U.S. Environmental Protection Agency testing procedure, as outlined in the Agency’s call-in notice of July 29, […]
Section 5-902 – Distribution, Possession, Sale, Application, etc., of Antifouling Paint Containing Tributyltin Compound
(a) (1) Except as provided in subsection (b) of this section, a person may not distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing a tributyltin compound. (2) A person may not distribute, possess, sell, offer for sale, use, or offer for use any substance that contains a tributyltin compound in concentrated […]
Section 5-407 – Mosquito Control — Injunction
(a) The Secretary may bring an action for an injunction against any person violating any order issued by the Secretary under § 5–406 of this subtitle. (b) In any action for an injunction brought under this section, any finding of the Secretary after a hearing shall be prima facie evidence of each fact found. (c) On a showing […]
Section 5-903 – Subtitle Not Infringement on Interstate Commerce
This subtitle does not infringe on interstate commerce, and out-of-state vessels that have an antifouling paint containing a tributyltin compound in excess of an acceptable release rate may travel and dock in State waters.
Section 5-408 – Mosquito Control — Penalty
A person who fails to comply with the requirements of an order served under § 5–406 of this subtitle is guilty of a misdemeanor and on conviction is subject to: (1) For a first offense, a fine not exceeding $1,000; and (2) For a second or subsequent offense, a fine not exceeding $5,000.