(a) In this subtitle the following words have the meanings indicated. (b) “Active ingredient” means: (1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, fungi, rodents, weeds, bacteria, or other pests; (2) In the case of a plant regulator, an ingredient which, through […]
(a) The State Chemist shall administer the provisions of this subtitle subject to the supervision of the Secretary. (b) The Secretary may cooperate with and enter into agreements with any other agency of the State, any other state, the United States, or with the Association of American Pesticide Control Officials, Inc. to carry out the provisions of […]
(a) The Secretary, after public hearing, may adopt appropriate rules and regulations to carry out the provisions of this subtitle, including rules and regulations providing for the collection and examination of samples of pesticides. (b) The Secretary may: (1) Declare any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, […]
(a) Except as provided in subsection (g) of this section, a distributor shall register with the Secretary each brand or product name of a pesticide before distributing it in the State. The registration for each pesticide expires December 31 each year. (b) Each applicant shall file with the Secretary a statement listing: (1) The name and address of […]
(a) A pesticide is subject to the requirements of this section if it is distributed, sold, offered for sale, delivered for transportation or transported in intrastate commerce or between points in the State through any point outside the State. (b) Any pesticide subject to this section shall be in the registrant’s or manufacturer’s unbroken, immediate container. (c) In […]
(a) If the Secretary determines that any pesticide does not warrant any proposed claim for it or that the pesticide, its labeling, or other material required to be submitted do not comply with the provisions of this subtitle, he shall notify the applicant of the manner in which the pesticide, labeling, or other required material fails […]
(a) Instead of refusing or cancelling a registration, the Secretary may impose an administrative penalty on any person who violates any provision of this subtitle. (b) The penalty imposed under this section may not exceed $2,000. (c) All penalties collected under this section shall be paid into the State Chemist Fund under § 6–501 of this article. (d) The […]
(a) The Secretary may issue and enforce a written stop–sale order to the registrant, owner, custodian, or distributor of any pesticide that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, […]
(a) A person may not distribute, sell, or offer for sale, deliver for transportation, or transport in intrastate commerce or between points within the State through any point outside the State any of the following pesticides: (1) Any unregistered pesticide; (2) Any adulterated or misbranded pesticide; or (3) Any pesticide, if any claim made for it or any direction […]
(a) The following persons are not subject to any penalty for a violation of § 5–106 or § 5–109 of this subtitle: (1) Any carrier while lawfully engaged in transporting a pesticide within the State, if the carrier, upon request, permits the Secretary to copy any record showing the transactions in and movement of any pesticide; (2) Any […]
(a) Any pesticide distributed in the State may be proceeded against in the circuit court of any county, where it is found and seized for confiscation by libel of information, if the pesticide: (1) Is adulterated or misbranded; (2) Is not registered; or (3) Fails to bear on its label the information required by this subtitle. (b) After entry of […]
(a) The Secretary shall examine pesticides to determine whether they comply with the requirements of this subtitle. If it appears from the examination that a pesticide fails to comply with the provisions of this subtitle, and the Secretary contemplates instituting criminal proceedings against any person, he shall give appropriate notice to the person. Any person receiving […]
In addition to any other penalty provided by this article, the registration of any pesticide with reference to which any violation has occurred shall terminate automatically if the registrant is convicted of any violation of this subtitle. If the registration of any pesticide terminates, the pesticide may not be registered again unless the Department determines […]
This subtitle may be cited as the Maryland Pesticide Registration and Labeling Law.
