Section 5-210.1 – Reciprocity
The Secretary may enter into reciprocal agreements with other states to provide that nonresident applicators or pest control consultants may be exempt from examination requirements under this subtitle if certified under equivalent plans of other states approved by the federal Environmental Protection Agency granting similar exemptions to residents of this State, upon payment of such […]
Section 5-210.2 – Civil Penalties
(a) (1) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $2,500 for a first violation of this subtitle. (2) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $5,000 for each subsequent violation of this subtitle. (3) Each […]
Section 5-210.3 – Limitations on Employer
An employer may not require a pest control applicator, as a condition of employment, to transport pesticides in a commercial transportation vehicle that does not contain a compartment for the pesticides that is separated from the passenger area or in a manner that does not provide adequate protection for the safety and health of the […]
Section 5-210.4 – Injunctions
(a) The Secretary may bring an action for an injunction against a person who violates any provision of this subtitle. (b) In an action for an injunction under this section, any finding of the Secretary after a hearing is prima facie evidence of each fact the Secretary determines. (c) On a showing that a person is violating any […]
Section 5-210.5 – Restricted Use Pesticides
(a) In this section, “cyclodiene termiticide” means chlordane (1, 2, 4, 5, 6, 7, 8, 8-octachloro-2, 3, 3a, 4, 7, 7a-hexahydro-4, 7-methanoindene), heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 4, 7, 7a-tetrahydro-4, 7-methanoindene), aldrin (1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-1, 4:5, 8-dimethanonaphthalene), and dieldrin (3, 4, 5, 6, 9, 9-hexachloro-1a, […]
Section 5-211 – Penalty; Indemnification for Financial Injury From Violation; Actions for Civil Damages
(a) Notwithstanding any other provision of this article, any person who violates any provision of this subtitle is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 60 days, or both, with costs imposed in the discretion of the court. (b) Instead of or in addition to […]
Section 5-2A-01 – “Neonicotinoid Pesticide” Defined
(a) In this subtitle the following words have the meanings indicated. (b) “Certified applicator” has the meaning stated in § 5–201 of this title. (c) “Neonicotinoid pesticide” means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including: (1) Imidacloprid; (2) Nithiazine; (3) Acetamiprid; (4) Clothianidin; (5) Dinotefuran; (6) Thiacloprid; (7) Thiamethoxam; and (8) Any other chemical designated by the Department as belonging […]
Section 5-205 – Sampling and Inspection
The Secretary may sample any pesticide and inspect any device, container, product, apparatus or equipment used or intended for use in pest control operations, any establishment from which pest control is conducted, and any pesticide application or treatment performed by a certified applicator or someone under his supervision.
Section 5-2A-02 – General Provisions
(a) This section does not apply to: (1) Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal; (2) Personal care products used to mitigate lice and bedbugs; and (3) Indoor pest control products used to mitigate insects indoors, including ant bait. (b) (1) On or after January […]
Section 5-206 – Qualifications for Licenses; Issuance and Revocation; Financial Responsibility
(a) The Secretary shall establish, by rule or regulation, qualifications for licensing and certification in each category established by § 5–207 of this subtitle to assure competence and responsibility in the application of pesticides. (b) The Secretary may issue licenses, permits, and certificates only to an applicant who meets the requirements established by the Department. (c) The Secretary […]